Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 600

Introduced by Assembly Member Alejo

February 24, 2015

An act to amend begin delete Section 33034 of end delete begin insert Sections 54441, 54441.5, 54442, 54443.1, 54444, 54444.1, 54444.2, 54444.3, 54444.4, 56301, 63000, and 64000 of, to amend the heading of Article 3 (commencing with Section 54440) of Chapter 4 of Part 29 of Division 4 of Title 2 of, and to add Sections 54442.1, 54442.2, 54442.3, 54442.4, 54442.5, 54442.6, and 54444.15 to, end insert the Education Code, relating to begin delete the State Board of Education. end delete begin insert migrant education. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 600, as amended, Alejo. begin delete State Board of Education: powers and duties end delete begin insert Migrant education. end insert

begin insert

(1) Existing law requires the State Board of Education to adopt a state master plan for services to children identified as migrant children.

end insert begin insert

This bill would change references from “migrant child” to “migratory child,” and would require the state master plan to be developed and revised as necessary by the Superintendent of Public Instruction in consultation with the statewide parent advisory council. The bill would specify additional services and elements that would be required as part of the plan, and would require the Superintendent to develop a monitoring instrument and monitoring procedure to annually monitor each local educational agency and region receiving funds for the provision of services to migratory children. The bill would set forth the primary objectives of the state’s monitoring activities, including, among others, improving educational results and outcomes for migratory children. The bill would require the Superintendent to coordinate the design of evaluations, as provided, and to monitor, provide technical assistance to, and provide guidance to, operating agencies in conducting local evaluations.

end insert begin insert

The bill would require the Superintendent to periodically sponsor or conduct workshops and seminars for the education of operating agency personnel responsible for evaluation of migrant education programs, and would require the Superintendent to submit triennially to the state board, the Legislature, and the Governor a performance report regarding the migrant education programs. The bill would require the Superintendent to develop a process to ensure that all migratory youth enrolled in juvenile court schools and other alternative education placements are properly identified and receive services for which they are eligible.

end insert begin insert

(2) Existing law requires migrant education programs to include prescribed components, including, but not limited to, a brief individual learning plan provided to a pupil’s parent or guardian annually and each time the pupil moves to a new district.

end insert begin insert

This bill would also require delivery of the plan each time a pupil experiences a change in school placement or educational program and would require migrant education programs to include the collection of individual and aggregate data with specified information relating to migratory pupils. By imposing these additional requirements on local educational agencies, this bill would impose a state-mandated local program.

end insert begin insert

The bill would require a local educational agency or region receiving funds for the provision of services to migratory children to include as part of its refunding application an evaluation of the overall effectiveness of the program, as specified.

end insert begin insert

(3) Existing law requires the Superintendent to establish the service regional system as the primary method for delivery of services to migrant children, and requires the Superintendent to review and approve plans for the effectiveness of service regions based on specified criteria.

end insert begin insert

This bill would include among those criteria a written evaluation plan that describes how the operating agency whose plan is under review for approval will measure annual migratory pupil progress and overall success of its program, and would add to the conditions for direct funding of local educational agencies that the parent advisory council be actively involved in the planning, review, and improvement of the program.

end insert begin insert

(4) Existing law sets forth responsibilities of parent advisory councils at the district, regional, and state levels, including, among other responsibilities, a review of individualized educational plans.

end insert begin insert

This bill would add to these responsibilities a review of the aggregate data collected for migratory pupils, as specified.

end insert begin insert

(5) Existing law provides that the responsibilities of a service region include, among other responsibilities, providing training for the parents and members of district, regional, and school parent advisory councils.

end insert begin insert

This bill would revise that responsibility to instead provide training, support services, and technical assistance to the parents and members of district, regional, and school parent advisory councils to assist them in fulfilling their roles and responsibilities.

end insert begin insert

(6) Existing law requires the Superintendent to establish a statewide parent advisory council and requires the council to meet a minimum of 6 times per year.

end insert begin insert

This bill would instead require the council to meet a minimum of 9 times per year. The bill would also require the Superintendent and each operating agency, as defined, to provide certain documents in a language understandable to members of the statewide and operating agency parent advisory councils, as specified.

end insert begin insert

(7) This bill would make other related changes and various conforming and nonsubstantive changes.

end insert begin insert

(8) 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 begin insert

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 begin delete

Existing law establishes the State Board of Education to adopt policies, and to establish rules and regulations, not inconsistent with the laws of the state, to govern the public elementary and secondary schools of the state. Existing law requires the board to issue a subpoena to compel the attendance of a witness before the board, or a board member, in the same manner as a court in this state. Existing law requires the president of the board to cause the attendance of a witness to testify before the board, or a board member, where the testimony of the witness is material to a matter pending before the board. The board is authorized to make a reasonable allowance for this purpose, not exceeding the fee of a witness in a civil case, except under specified circumstances. The allowance is required to be paid out of the appropriation for the expense of the board.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The heading of Article 3 (commencing with
Section 54440) of Chapter 4 of Part 29 of Division 4 of Title 2 of
the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 3.  begin delete Migrant end delete begin insert Migratory end insert Children

 

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 54441 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54441.  

The definitions set forth in this section shall govern the
interpretation of this article.

(a)  begin insert (1) end insert begin insert   end insert “Currently migratory child” means a child who has
moved with a parent, guardian, or other person having custody,
from one school district to another, either within the State of
California or from another state within the 12-month period
immediately preceding his or her identification as begin delete such end delete a begin insert currently
migratory end insert child, in order that the child, a parent, guardian, or other
member of his or her immediate family might secure temporary
or seasonal employment in an agricultural or fishing activity, and
whose parents or guardians have been informed of the child’s
eligibility for migrant education services.

begin delete

“Currently

end delete

begin insert (2) end insert begin insert   end insert “Currently migratory child” includes a child who, without
the parent or guardian, has continued to migrate annually to secure
temporary or seasonal employment in an agricultural or fishing
activity.

(b) “Former migratory child” means a child who was formerly
eligible to be counted and served as a currently migratory child
within the past five years, but who is no longer a currently
migratory child, and who lives in an area served by begin delete an ESEA end delete begin insert a
federal Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 6301 et seq.) end insert Title I begin delete Migrant Education end delete begin insert migrant
education end insert project, and whose parents have been informed of the
child’s eligibility for migrant education services but have not
removed the child from the program.

(c) “Agricultural activity” means any activity directly related
to the production or processing of agricultural products and the
cultivation or harvesting of trees.

(d) “Fishing activity” means any activity directly related to the
catching or processing of fish or shellfish for initial commercial
sale or as a principal means of personal subsistence.

(e) “Operating agency” means a local educational agency
operating under a subgrant of state migrant education funding, or
a public or private nonprofit agency under a special arrangement
with the department to carry out a migrant education program.

(f) “Migrant region” means an operating agency comprised of
a county or a combination of counties, or a public or private
nonprofit agency not controlled in whole or part by a school
district, or a combination of counties and agencies, meeting the
criteria of subdivision (a) of Section 54444.1.

(g) “Quality control” means the development of program quality
standards by the state and the conduct of quality review procedures
and processes at the operating agency, school district, and school
level by state and other professional staff and parents, in
conjunction with other interested parties, on a regular basis to
assure the maintenance of high quality migrant education programs.

(h) “Supplementary services” means services provided to
migratory children begin delete which end delete begin insert that end insert are above the services already
provided by a school or school district to other children of that
school or school district.

(i) “Average monthly enrollments” means the average monthly
number of pupils who are enrolled in a migrant education program.
Average monthly enrollments shall be computed by totaling the
number of begin delete migrant end delete begin insert migratory end insert pupils reported by an operating
agency during the months of September to June, inclusive, and
dividing that total by 10.

(j) “Department” means the State Department of Education.

(k) “Superintendent” means the Superintendent of Public
Instruction.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 54441.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54441.5.  

With the concurrence of the child’s parent, a child
who has been identified as a begin delete “migrant end delete begin insert “migratory end insert child” may be
deemed a begin delete migrant end delete begin insert migratory end insert child for a period, not in excess of
three years, during which the child resides in an area where
programs are provided for begin delete migrant end delete begin insert migratory end insert children. Priority for
the provision of services shall be consistent with federal statutes
and regulations governing migrant education programs.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 54442 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54442.  

The state board shall adopt a state master plan for
services to begin delete migrant end delete begin insert migratory end insert children. The plan shall begin insert be developed
and revised as necessary by the Superintendent in consultation
with the statewide parent advisory council established pursuant
to paragraph (2) of subdivision (a) of Section 54444.2. The plan
shall end insert include all of the following:

(a) Instructional activities on a regular and extended year basis.
These activities shall be designed to identify, assess, and provide
treatment for academic deficiencies of begin delete migrant end delete begin insert migratory end insert children.
Special emphasis shall be given to oral and written
communications, reading, and mathematics. Small group or
individual instruction and tutorial services shall be provided to
assist begin delete migrant end delete begin insert migratory end insert children to begin delete attain normal progress rates end delete
begin insert meet the same academic content and achievement standards that
all children are expected to meet end insert in all subject areas. All
instructional services shall be provided as supplements to regular
programs of instruction provided by the public schools for all
children.

(b) Health and welfare services. These services shall be designed
to identify, assess, and provide treatment for conditions that
interfere with the education and learning of begin delete migrant end delete begin insert migratory end insert
children, including dental, emotional, or environmental conditions.
To the extent possible, existing community resources begin delete will end delete begin insert shall end insert
be begin delete utilized end delete begin insert used end insert to provide these services.

(c) Preservice and begin delete in-service end delete begin insert inservice end insert education of professional
and nonprofessional personnel. This education shall be planned
to prepare school administrators, teachers, aides, and other
personnel to meet the special needs of begin delete migrant end delete begin insert migratory end insert children.

(d) Supportive services including transportation, family liaison,
and other services necessary to the success of the programs.

(e) Child development activities including, but not limited to,
social, sensorimotor, conceptual and language development, and
perceptual discrimination activities for begin delete migrant end delete begin insert migratory end insert infants
and prekindergarten children who are too young to participate in
instructional services normally provided by the public schools.

(f) The active involvement of begin insert migratory end insert parents, teachers, begin insert school
representatives, end insert and community representatives in the local
begin delete implementation end delete begin insert planning, implementation, review, and
improvement end insert of migrant education begin delete programs. end delete begin insert programs, including,
but not limited to, review of the data collected for migratory pupils
pursuant to subdivision (i) to monitor and evaluate migratory pupil
progress and program effectiveness. end insert

begin insert

(g) Support services and technical assistance to members of the
statewide parent advisory council. The department shall ensure
that members are provided with sufficient resources and support
to enable the statewide parent advisory council to fulfill its
statutory purpose and responsibilities.

end insert begin insert

(h) An evaluation and monitoring component that provides for
oversight and evaluation of the operating agencies, school districts,
and schools on an annual basis by the department to ensure that
migrant education programs are effective and operating in a
manner consistent with federal statutes and regulations. The
department shall evaluate migrant education programs using
systematic, methodical, and sound evaluation instruments designed
to measure program implementation and program results.

end insert begin insert

(i) Collection of individual and aggregate data for migratory
pupils to increase accountability for migratory pupil achievement
and to facilitate program evaluation. The department shall collect
data for migratory pupils and shall present the data in a format
that is readily accessible to migratory parents, teachers, community
representatives, and regional directors. The data regarding
migratory pupils shall include, but not be limited to, all of the
following:

end insert begin insert

(1) Identification and recruitment.

end insert begin insert

(2) Preschool participation.

end insert begin insert

(3) Enrollment in kindergarten and grades 1 to 12, inclusive.

end insert begin insert

(4) Enrollment in alternative education programs by type of
program, including, but not limited to, community schools,
community day schools, continuation high schools, and juvenile
court schools.

end insert begin insert

(5) Participation in independent study and credit accrual
programs.

end insert begin insert

(6) Designation and redesignation of English learners.

end insert begin insert

(7) Course enrollment, including, but not limited to, courses
that satisfy the subject area requirements for admission to the
University of California or the California State University.

end insert begin insert

(8) Suspensions and expulsions.

end insert begin insert

(9) Truancy and chronic absenteeism.

end insert begin insert

(10) Referral to a school attendance review board.

end insert begin insert

(11) Disciplinary transfers.

end insert begin insert

(12) Retention in grade level.

end insert begin insert

(13) Dropout rates.

end insert begin insert

(14) California high school exit examination results.

end insert begin insert

(15) Graduation rates.

end insert begin insert

(16) Postsecondary education enrollment rates.

end insert begin insert

(17) Vocational program enrollment rates.

end insert begin insert

(18) Other information deemed necessary by the Superintendent
in consultation with the statewide parent advisory council.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 54442.1 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.1. end insert   

The Superintendent shall develop a monitoring
instrument and monitoring procedure that provides for annual
monitoring of each local educational agency and region receiving
funds for the provision of services to migratory children, and that
addresses each component identified in Section 54444.15 and all
federal requirements set forth under Section 6391 of Title 20 of
the United States Code and its corresponding regulatory
provisions. The monitoring procedure shall include onsite
monitoring of each operating agency receiving migrant education
funds at least once every three years.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 54442.2 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.2. end insert   

The primary objectives of the state’s monitoring
activities undertaken pursuant to Section 54442.1 shall be all of
the following:

(a) Improving educational results and outcomes for all
migratory children.

(b) Ensuring that operating agencies, school districts, and
schools provide appropriate educational services to migratory
children in a manner that addresses their special needs, including,
but not limited to, language access needs, in a coordinated and
efficient manner.

(c) Ensuring that operating agencies, school districts, and
schools afford migratory pupils full and appropriate opportunities
to effectively participate in the general education program and
access to courses needed to graduate.

(d) Identifying and addressing disproportionate discipline of
migratory pupils, migratory pupil enrollment in alternative
education programs, and migratory pupil participation in
independent study.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 54442.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.3. end insert   

The Superintendent shall coordinate the design of
evaluations to prevent duplication and to minimize data collection
and reporting requirements at the operating agency, school district,
and school levels. The Superintendent shall monitor, provide
technical assistance to, and provide guidance to, operating
agencies in conducting local evaluations, as necessary.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 54442.4 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.4. end insert   

The Superintendent shall periodically sponsor or
conduct workshops and seminars for the education of operating
agency personnel assigned to, and responsible for, the evaluation
of migrant education programs.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 54442.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.5. end insert   

The Superintendent shall triennially submit to the
state board, the Legislature, and the Governor a performance
report regarding the migrant education programs. A report to be
submitted pursuant to this section to the Legislature shall be
submitted in compliance with Section 9795 of the Government
Code.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 54442.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.6. end insert   

The Superintendent shall develop a process to ensure
that all migratory youth enrolled in juvenile court schools and
other alternative education placements under the department are
properly identified and receive all the services for which they are
eligible. The department shall work with regions and local
educational agencies to develop policies and procedures to ensure
that at the time of transfer to, and enrollment in, these schools,
migratory youth who are not already identified are properly
assessed to determine if they are eligible for migrant services and
programs.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 54443.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54443.1.  

Migrant education programs shall include all of the
following:

(a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education,
bilingual-crosscultural education, school improvement programs,
and other programs serving the pupil.

(b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to
be served.

(c) A comprehensive program to meet the educational, health,
and related needs of participating pupils begin delete which end delete begin insert that end insert is supplemental
to the program the operating agency is otherwise required to
provide. The program shall include, but need not be limited to, the
following:

(1) Academic instruction.

(2) Remedial and compensatory instruction.

(3) Bilingual and crosscultural begin delete instruction. end delete begin insert instruction, which
may include supplemental language support services and programs
specially designed to meet the unique needs of migratory children. end insert

(4) Career technical instruction.

(5) Counseling and career education services.

(6) Preschool services in accordance with Section 54443.

(7) Other educational services that are not available in sufficient
quantity or quality to eligible migratory children.

(8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.

(9) Other related services to meet the special needs of eligible
migratory children that are necessary to enable these children to
effectively participate in instructional services.

(10) The coordination and teaming of existing resources serving
begin delete migrant end delete begin insert migratory end insert pupils, such as bilingual-crosscultural education,
health screening, and compensatory education.

(d) A brief individual learning plan listing the services to be
provided to each begin insert migratory end insert pupil shall be provided in writing or
at a parent conference to the parent or guardian of each
participating pupil, annually and each time the pupil moves to a
new begin delete district. end delete begin insert district or experiences a change in school placement
or educational program. end insert

(e) Staffing and staff development plans and practices to meet
the needs of begin insert migratory end insert pupils and implement the program.

(f) Parent and community involvement as specified in Section
54444.2.

(g) Evaluations that shall include annual pupil progress and
overall program effectiveness and quality control begin delete reports. end delete begin insert reports
in accordance with Section 54444.15. end insert

begin insert

(h) Collection of individual and aggregate data for migratory
pupils regarding all of the information set forth in subdivision (i)
of Section 54442. Migrant education programs shall present the
data in a format that is readily accessible to migratory parents,
teachers, community representatives, and regional directors.

end insert begin delete

(h)

end delete

begin insert (i) end insert  School districts and other begin delete education end delete begin insert educational end insert agencies
shall be eligible to apply for funding to serve begin delete migrant end delete begin insert migratory end insert
pupils upon application to their respective region, or, if they meet
the criteria established in subdivision (b) of Section 54444.1, to
the department. Operating agencies shall include in their
application a description of how the entities will coordinate the
planning, budgeting, and operation of the migrant education
programs with the planning, budgeting, and operation of other
federal and state education programs addressing the needs of the
same or similar pupils of the operating agency. The description
shall include begin delete time lines end delete begin insert timelines end insert and cover services provided
through school improvement, nonmigrant Title I, state
compensatory and limited- and non-English proficient, Title VII,
and other funds. If the application meets state and federal
requirements, negotiations for an appropriate service agreement
shall begin involving the parties listed in subdivision (a) or (b) of
Section begin delete 54444.1. end delete begin insert 54444. end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 54444 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54444.  

In implementing the plan adopted by the begin delete State Board
of Education, end delete begin insert state board, end insert the Superintendent begin delete of Public Instruction end delete
is authorized to:

(a) Contract with county superintendents of school or local
educational agencies to supply services to begin delete migrant end delete begin insert migratory end insert
children residing within specified geographical regions.

(b) Enter into agreements or otherwise cooperate with other
states or agencies of the state or the federal government in
providing or coordinating services to begin delete migrant end delete begin insert migratory end insert children
including the Mini-Corps Program as well as participation in or
begin delete utilization end delete begin insert use end insert of the Migrant Student Record Transfer System, or
other equivalent information systems as may be used by the state.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 54444.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.1.  

(a) In implementing the state master plan for services
to begin delete migrant end delete begin insert migratory end insert children, the Superintendent shall establish
the service regional system as the primary method for the delivery
of services to begin delete migrant end delete begin insert migratory end insert children. The Superintendent
shall review and approve plans for the establishment of service
regions and shall incorporate the following criteria in the approval
of regional plans:

(1) The boundaries of regions shall include all geographic areas
with begin delete migrant end delete begin insert migratory end insert and seasonal agricultural workers and
fishermen.

(2) Regional service centers shall be located in areas with high
concentrations of begin delete migrant end delete begin insert migratory end insert and seasonal agricultural
workers and fishermen. Regional headquarters shall be located as
follows:

(A) In areas requiring large numbers of these workers for a
period of at least two consecutive months during each year.

(B) In areas that normally contract for begin delete migrant end delete begin insert migratory end insert and
seasonal agricultural workers with families rather than single
adults.

(C) In areas where begin delete migrant end delete begin insert migratory end insert and seasonal agricultural
workers are involved in the transition from hand labor to
mechanization.

(3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.

(4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should
have no less than 1,500 migratory children. In no event shall a
county be split among two separate regions in order to meet the
requirements of this paragraph.

(5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.

(6) The boundaries of regions shall be drawn in a manner that
avoids excessive commuting by personnel or by participants in
the programs, not to exceed 100 miles from the schoolsite to the
operating agency.

(7) If a proposed region cannot meet the criteria established in
paragraph (4) or (6), it may request that the criteria be waived by
the state board. The waiver request shall be based upon a study,
conducted by the entities, including their respective parent advisory
councils, comprising the proposed region, that explains why the
waiver is required and that describes likely outcomes if the waiver
is not granted.

begin insert

(8) A written evaluation plan that describes how the operating
agency will measure annual migratory pupil progress and the
overall success of its program in accordance with Section
54444.15. The evaluation plan may include the examination of
pre- and post-assessment results for migratory pupils participating
in specific interventions such as special tutoring programs, reading
interventions, and math interventions.

end insert

(b)  begin insert (1) end insert begin insert   end insert An agency meeting the criteria set forth in this
subdivision and subdivision (f) of Section 54441 may apply to the
department for designation as a region. The application shall be
in a format with sufficient information and at times designated by
the Superintendent. The application shall include documentation
of active participation, review and comment by the appropriate
parent advisory councils, and signatures by parent advisory council
chairpersons that the review and comment has taken place, and
shall further include documentation that the agencies and parent
representative comprising the proposed region have met as a group
begin delete prior to end delete begin insert before end insert submission of the application and have agreed upon
the formation of, and participation in, the region and a general
delineation of the services begin delete which end delete begin insert that end insert will be provided in the
region.

begin delete

Directly

end delete

begin insert (2) end insert begin insert   end insert begin insert Directly end insert funded districts shall be invited by the regions to
participate in regional activities and meetings. Staff and parent
advisory council members in the districts shall also be invited to
regional inservice activities and conferences.

(c) The department may directly fund local educational agencies,
in whole or in part, to provide services to eligible begin delete migrant end delete
begin insert migratory end insert children if it is cost effective to do so; if the applicant
agency serves not less than 1,500, nor more than 8,000, currently
migratory children; has sufficient programmatic and fiscal
resources to deliver an effective migrant education program; is in
compliance with the federal and state requirements regarding
migrant education programs; maintains an ongoing and functional
parent advisory council that has voted on a biennial basis to
approve the participation in the directly funded program, including
the approval of a majority of the members who are the parents of
begin delete migrant children; end delete begin insert migratory children, end insert and begin insert is actively involved in
the planning, review, and improvement of the program; and end insert
maintains fiscal procedures in conformity with the requirements
adopted by the department. All districts that are directly funded
on January 1, 1982, may continue to be funded directly, provided
that the districts comply with the criteria prescribed by this
subdivision, except for the size criterion.

(d)  begin insert (1) end insert begin insert   end insert The responsibilities of the various parties involved in
the delivery of services to begin delete migrant end delete begin insert migratory end insert children shall be set
forth in a service agreement. A service agreement shall be a legally
binding contract signed by the duly constituted authorities at the
state, county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall
be two parties to every service agreement; the region and the
district or other operating agencies in which the eligible begin delete migrant end delete
begin insert migratory end insert pupils are enrolled. When a district or agency is funded
directly by the state, the parties to the service agreement shall
include the department and the district or operating agency in
which the eligible begin delete migrant end delete begin insert migratory end insert pupils are enrolled. The basic
responsibilities of these three parties shall be as specified in Section
54444.4.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert parties, whether regional or directly funded, shall take
the necessary steps to ensure the effective involvement of the
begin delete migrant end delete begin insert migratory end insert parent advisory begin delete committee end delete begin insert council end insert for that
district or agency. Representatives of the begin delete migrant end delete begin insert migratory end insert parent
advisory begin delete committee end delete begin insert council end insert shall begin delete have the right to end delete be present and
participate in all deliberations between the parties regarding the
service agreement or any subsequent changes thereto. The service
agreement shall include a signed statement from the officers of
the begin delete migrant end delete begin insert migratory end insert parent advisory begin delete committee end delete begin insert council end insert signifying
that the participation has occurred.

(e) The Superintendent shall develop an annual operating
calendar for regions and directly funded districts, including dates
for the submission and approval of applications and service
agreements. Any changes in regional boundaries for the subsequent
fiscal year shall be made and approved by December 31 of the
current year. Any changes in funding allocations for regions shall
be made by December 31 of the current year or immediately after
notification of a federal grant award.

(f) The Superintendent shall preserve the supplemental nature
of the migrant education program. The program shall be maintained
outside the supervision or above the administrative level of the
consolidated application programs. The Superintendent shall not
incorporate the migrant education program into the consolidated
application process, except as provided below:

(1) Directly funded districts may apply for migrant education
funds as part of their consolidated application provided the district
parent advisory council on migrant education approves the
inclusion.

(2) A copy of the district’s annual application for migrant
education funds as required by subdivision (h) of Section 54443.1
shall be attached to the district’s annual consolidated application.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 54444.15 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54444.15. end insert   

A local educational agency or region receiving funds
for the provision of services to migratory children, as part of its
refunding application, shall include an evaluation of the overall
effectiveness of the program for the prior year that includes all of
the following:

(a) Deficiencies in academic achievement of migratory children
as compared to nonmigratory children.

(b) Identification of, and provision of services to, migratory
children in the geographic area served by the district, agency, or
region, including out-of-school migratory youth and children and
youth enrolled in alternative and court-supervised school
placements.

(c) Enrollment in preschool and kindergarten.

(d) Access to, enrollment in, and completion of courses that
satisfy the subject area requirements for admission to the
University of California or the California State University.

(e) Dropout prevention and intervention.

(f) Retention in grade level.

(g) Truancy and pupil discipline, including suspension,
expulsion, and actions resulting in disciplinary transfer or referral
to a school attendance review board.

(h) Vocational education opportunities.

(i) Graduation rates, including completion of the California
high school exit examination.

(j) Postsecondary education enrollment rates.

(k) Health services.

(l) Intersession programs.

(m) Other supplemental services.

(n) Staff experience and quality.

(o) Data collection and evaluation.

(p) Records transfer.

(q) Parental involvement, including establishment of and
participation in the parent advisory council, conduct of regular
meetings, participation in the development and approval of the
local migrant education plan, participation in statewide parent
advisory council activities, and parent training.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 54444.2 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.2.  

(a) The Superintendent begin delete of Public Instruction end delete shall
take the steps necessary to ensure effective parental involvement
throughout the state migrant education program, which shall
include, but need not be limited to, the following:

(1) The Superintendent shall adopt rules and regulations
requiring each operating agency receiving migrant education funds
or services to actively solicit parental involvement in the planning,
operation, and evaluation of its programs through the establishment
of, and consultation with, a parent advisory council.

(A) The membership of each parent advisory council shall be
comprised of members who are knowledgeable of the needs of
begin delete migrant end delete begin insert migratory end insert children and shall be elected by the parents of
begin delete migrant end delete begin insert migratory end insert children enrolled in the operating agency’s
programs. The composition of the council shall be determined by
the parents at a general meeting to which all parents of pupils
enrolled in the migrant program shall be invited. Parents shall be
informed, in a language they understand, that the parents have the
sole authority to decide on the composition of the council. All
parent candidates for the council shall be nominated by parents;
nonparent candidates shall be nominated by the groups they
represent: teachers by teachers, administrators by administrators,
other school personnel by other school personnel, and pupils by
pupils. All other community candidates shall be nominated by the
parents. Each parent advisory council shall hold meetings on a
regular basis during the operation of the regular program, but not
less than six times during the year.

(B) At least two-thirds of the members of each parent advisory
council shall be the parents of begin delete migrant end delete begin insert migratory end insert children. Each
parent advisory council shall have the responsibilities listed in
subdivision (a) of Section 54444.4.

(2) The Superintendent shall establish a statewide parent
advisory council that shall participate in the planning, operation,
and evaluation of the state migrant education program. The
membership of the statewide parent advisory council shall be
comprised of members who are knowledgeable of the needs of
begin delete migrant end delete begin insert migratory end insert children and shall be nominated and elected by
the parents of begin delete migrant end delete begin insert migratory end insert children enrolled in the operating
agencies. At least two-thirds of the members of the begin delete State Parent
Advisory Council end delete begin insert statewide parent advisory council end insert shall be the
parents of begin delete migrant end delete begin insert migratory end insert children. The begin delete state end delete begin insert statewide parent
advisory end insert council shall meet a minimum of begin delete six end delete begin insert nine end insert times a calendar
year to provide input on issues relating to the operation of the
program. Special meetings may be called at the discretion of the
state director.

(3) (A) The Superintendent also shall sponsor an annual begin delete State
Parent Advisory Council Conference. end delete begin insert statewide parent advisory
council conference. end insert The conference shall be scheduled during the
spring of every year.

(B) The begin delete State Parent Advisory Council end delete begin insert statewide parent advisory
council, with necessary technical assistance and support from the
department, end insert shall prepare and submit a report to the Legislature,
begin insert the end insert state board, the Superintendent, and the Governor regarding
the status of the migrant education program. The report shall be
submitted within 120 days begin delete from end delete begin insert of end insert the conclusion of a training
program on preparing the report provided by the Superintendent
in accordance with paragraph (5).

(C) The report shall include an evaluation of the migrant
education program, as required pursuant to paragraph (2) of
subdivision (a), a review of annual needs and a year-end
assessment, as required pursuant to paragraph (2) of subdivision
(a) of Section 54444.4, begin insert a review of the aggregate data collected
for migratory pupils pursuant to paragraph (2) of subdivision (a)
of Section 54444.4, end insert and policy recommendations.

(4) The Superintendent and each operating agency shall furnish,
without charge, to the statewide and operating agency parent
advisory councils and, upon request, to each member, a copy of
all applicable state and federal migrant education statutes, rules
and regulations, and guidelines. In addition, the Superintendent
and each operating agency shall furnish, without charge, to the
statewide and operating agency parent advisory councils and, upon
request, to each member, copies of all applicable state and federal
audits, monitoring reports, and evaluations. begin insert Upon request, and
when practicable, these documents shall be provided in a language
understandable to members, and each regional and state migrant
education plan shall be provided in a language understandable
to each member before its consideration for final approval. end insert

(5) The Superintendent and each operating agency shall establish
and implement training programs for members of the statewide
and operating agency parent advisory councils to enable them to
carry out their responsibilities. Each training program shall be
developed in consultation with the parent advisory councils and
shall include appropriate training materials in a language
understandable to each member. Costs incurred in providing
training under this paragraph, including federally authorized
expenses associated with the attendance of members at training
sessions, shall be funded, to the extent that funds are available, by
federal funds allocated to the state, based upon the educational
and related health needs of migratory children defined in
subdivisions (a) and (b) of Section 54441, and may be supported
by funds from the state migrant education program.

(b) Each operating agency that provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 54444.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.3.  

(a) Each operating agency receiving begin insert federal end insert Title I
begin delete Migrant Education end delete begin insert migrant education end insert funding shall conduct
summer school programs for eligible begin delete migrant end delete begin insert migratory end insert children
in kindergarten and grades 1 to 12, inclusive. The summer school
programs shall respond to the individual needs of participating
pupils and shall build on and be consistent with the instructional
programs offered to these pupils during the regular school year.
Each summer school program shall be funded, to the extent that
funds are available, by federal funds earmarked for migrant
education programs, and shall meet the following criteria:

(1)  begin insert (A) end insert begin insert   end insert That summer school programs meet the following time
requirements:

begin delete

(A)

end delete

begin insert (i) end insert  For kindergarten classes, not less than 180 minutes per day,
based upon the full apportionment day of 240 minutes, including
recesses, for not less than 20 teaching days.

begin delete

(B)

end delete

begin insert (ii) end insert  For grades 1 to 8, not less than 200 minutes per day, based
upon the full apportionment day of 240 minutes, including recesses
and passing time but excluding noon intermissions, for not less
than 20 teaching days.

begin delete

(C)

end delete

begin insert (iii) end insert  For grades 7 to 12, not less than 240 minutes per day,
including passing time but excluding noon intermissions, for not
less than 30 teaching days.

begin delete

Exemptions

end delete

begin insert (B) end insert begin insert   end insert begin insert Exemptions end insert from the requirements of this paragraph may
be made by the Superintendent begin delete of Public Instruction end delete upon petition
submitted to him by the district. The basis for the exemption shall
be agricultural labor factors, climatic conditions, specialized
educational programs, and other conditions appearing to the
begin delete superintendent end delete begin insert Superintendent end insert to warrant exemption.

begin delete

For

end delete

begin insert (C) end insert begin insert   end insert begin insert For end insert purposes of this paragraph, holidays designated in
Section 37220 other than Saturday and Sunday may be deducted
from the required number of teaching days.

(2) That the program has been established with the prior written
approval of the begin delete superintendent end delete begin insert Superintendent end insert based upon the
submission of an application begin delete which end delete begin insert that end insert is in the form prescribed
and furnished by the begin delete superintendent. end delete begin insert Superintendent. end insert Each
application shall designate the persons who will exercise
administrative or supervisorial responsibilities for the summer
school program and shall be submitted begin delete prior to end delete begin insert before end insert the
establishment of the summer school program.

(3) That the summer school program contains coursework begin delete which end delete
begin insert that end insert is of the same level of difficulty in each subject as that
provided to pupils enrolled in regular classes of instruction within
the school district in the preceding year.

(4) That instructional programs are taught by staff with cultural
training or background and understanding of the special needs of
begin delete migrant end delete begin insert migratory end insert children, and who are properly credentialed for
the subjects and grade levels to which they are assigned.

(5) That the summer school program supplements other summer
school programs, whether required or optional and whether
federally or state funded, operated by the school district, including
the programs for graduating high school seniors, handicapped
children, pupils enrolled in grade 11, pupils enrolled in grades 7
to 12 who do not meet the begin insert school end insert district’s adopted proficiency
standards, and eligible compensatory education pupils.

(b)  begin insert (1) end insert begin insert   end insert Each school district, county office of education, and
community college district shall, upon request, make facilities
available at cost for the operation of migrant summer school
programs whenever they are available. Where available, these
facilities shall be suitable for the summer climate. The
begin delete superintendent end delete begin insert Superintendent end insert may allow neighboring districts to
jointly offer facilities if he or she determines that the use of one
district’s facilities for an area will adequately meet the needs of
the migrant summer school program for the entire area.

begin delete

If

end delete

begin insert (2) end insert begin insert   end insert begin insert If end insert the Superintendent begin delete of Public Instruction end delete determines that
requests from prospective users of these facilities were denied
without just cause, the begin delete superintendent end delete begin insert Superintendent end insert shall reduce
the begin insert school end insert district’s or county superintendent’s entitlement from
Section A of the State School Fund by an amount equal to one
thousand dollars ($1,000) or four times the costs to the prospective
user for alternative facilities for the entire period for which the
facilities were requested, whichever is greater.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 54444.4 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.4.  

(a) The responsibilities of parent advisory councils
at the district, regional, and state levels shall include, but are not
limited to, all of the following:

(1) The establishment of migrant education program goals,
objectives, and priorities.

(2) The review of annual needs and year-end assessment, as
well as program activities, for each school, begin insert a review of the
aggregate data collected for migratory pupils at the school, district,
regional, end insert and begin insert state levels as set forth in the state master plan
developed pursuant to Section 54442, and end insert a review of
individualized educational begin delete plans. end delete begin insert plans to ensure that plans are
developed and implemented in compliance with state and federal
requirements. end insert

(3) Advice on the selection, development, and reassignment of
migrant education program staff.

(4) Active involvement in the planning and negotiation of
program applications and service agreements required under
Section 54444.1.

(5) All other responsibilities required under state and federal
laws or regulations.

(b) The responsibilities of the school districts or other agencies
operating programs for begin delete migrant end delete begin insert migratory end insert pupils include, but are
not limited to, all of the following:

(1) Providing services in compliance with applicable state and
federal laws or regulations.

(2) Providing information to parents.

(3) Providing support to instructional staff.

(c) The responsibilities of the region include, but are not limited
to, the following:

(1) Providing funding to operating agencies within its
jurisdiction in accordance with service agreements.

(2) Providing technical assistance to operating agencies
operating under service agreements.

(3) Providing interagency coordination to improve the services
available to participating begin insert migratory end insert pupils.

(4) Providing begin delete training for end delete begin insert training, support services, and
technical assistance to end insert the parents and members of district,
regional, and school parent advisory begin delete councils. end delete begin insert councils to assist
them in fulfilling their roles and responsibilities. end insert

(5) Providing or arranging for staff development services for
migrant education staff at the school and district levels.

(6) Providing direct services required pursuant to a service
agreement entered into by the region.

(d) The responsibilities of the begin delete State Board of Education end delete begin insert state
board end insert and the department shall be as set forth in the begin delete State Master
Plan end delete begin insert state master plan end insert for begin delete Migrant Education end delete begin insert migrant education end insert
developed under Section 54442.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 56301 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

56301.  

(a) All children with disabilities residing in the state,
including children with disabilities who are homeless children or
are wards of the state and children with disabilities attending
private, including religious, elementary and secondary schools,
regardless of the severity of their disabilities, and who are in need
of special education and related services, shall be identified,
located, and assessed and a practical method is developed and
implemented to determine which children with disabilities are
currently receiving needed special education and related services
as required by begin delete Section end delete begin insert Sections end insert 1412(a)(3) and begin delete (10)(A)(ii) end delete
begin insert 1412(a)(10)(A)(ii) end insert of Title 20 of the United States Code. A child
is not required to be classified by his or her disability so long as
each child who has a disability listed in Section 1401(3) of Title
20 of the United States Code and who, by reason of that disability,
needs special education and related services as an individual with
exceptional needs defined in Section 56026.

(b) (1) In accordance with Section 300.111(c) of Title 34 of
the Code of Federal Regulations, the requirements of this section
also apply to highly mobile individuals with exceptional needs,
including begin delete migrant end delete begin insert migratory end insert children, and children who are
suspected of being an individual with exceptional needs pursuant
to Section 56026 and in need of special education, even though
they are advancing from grade to grade.

(2) In accordance with Section 300.213 of Title 34 of the Code
of Federal Regulations, the local educational agency shall cooperate
in the efforts of the federal Secretary of Education, under Section
6398 of Title 20 of the United States Code, to ensure the linkage
of records pertaining to migratory children with disabilities for the
purpose of electronically exchanging, among other states, health
and educational information regarding those children.

(c) (1) The child find process shall ensure the equitable
participation in special education and related services of parentally
placed private schoolchildren with disabilities and an accurate
count of those children. Child find activities conducted by local
educational agencies, or where applicable, the department, shall
be similar to those activities undertaken for pupils in public
schools.

(2) In accordance with Section 1412(a)(10)(A)(ii)(IV) of Title
20 of the United States Code, the cost of the child find activities
in private, including religious, elementary and secondary schools,
may not be considered in determining whether a local educational
agency has met its obligations under the proportionate funding
provisions for children enrolled in private, including religious,
elementary and secondary schools.

(3) The child find process described in paragraph (1) shall be
completed in a time period comparable to that for other pupils
attending public schools in the local educational agency.

(d) (1) Each special education local plan area shall establish
written policies and procedures pursuant to Section 56205 for use
by its constituent local agencies for a continuous child find system
that addresses the relationships among identification, screening,
referral, assessment, planning, implementation, review, and the
triennial assessment. The policies and procedures shall include,
but need not be limited to, written notification of all parents of
their rights under this chapter, and the procedure for initiating a
referral for assessment to identify individuals with exceptional
needs.

(2) In accordance with Section 1415(d)(1)(A) of Title 20 of the
United States Code, and Section 300.504(a) of Title 34 of the Code
of Federal Regulations, parents shall be given a copy of their rights
and procedural safeguards only one time a school year, except that
a copy also shall be given to the parents:

(A) Upon initial referral or parental request for assessment.

(B) Upon receipt of the first state complaint under Section
56500.2 in a school year.

(C) Upon receipt of the first due process hearing request under
Section 56502 in a school year.

(D) When a decision is made to make a removal that constitutes
a change of placement of an individual with exceptional needs
because of a violation of a code of pupil conduct in accordance
with Section 300.530(h) of Title 34 of the Code of Federal
Regulations.

(E) Upon request by a parent.

(3) A local educational agency may place a current copy of the
procedural safeguards notice on its Internet Web site, if such begin insert an
Internet end insert Web site exists, pursuant to Section 1415(d)(1)(B) of Title
20 of the United States Code.

(4) The contents of the procedural safeguards notice shall
contain the requirements listed in Section 1415(d)(2) of Title 20
of the United States Code and Section 300.504(c) of Title 34 of
the Code of Federal Regulations.

(e) Child find data collected pursuant to this chapter, or collected
pursuant to a regulation or an interagency agreement, are subject
to the confidentiality requirements of Sections begin delete 300.611 end delete begin insert 300.610 end insert
to 300.627, inclusive, of Title 34 of the Code of Federal
Regulations.

begin insert

begin insert SEC. 19. end insert   

end insert

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

63000.  

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

(a) Child care and development programs pursuant to Chapter
2 (commencing with Section 8200) of Part begin delete 6. end delete begin insert 6 of Division 1 of
Title 1. end insert

begin delete end delete begin delete

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

end delete begin delete end delete begin delete

(c)

end delete

begin insert (b) end insert  Bilingual education programs pursuant to Article begin delete 1
(commencing with Section 52000) and Article end delete 3 (commencing
with Section 52160) of Chapter 7 of Part 28.

begin delete

(d)

end delete

begin insert (c) end insert  Economic begin delete Impact Aid end delete begin insert impact aid end insert programs pursuant to
Chapter 1 (commencing with Section 54000) of Part 29.

begin delete end delete begin delete

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

end delete begin delete end delete begin delete

(f)

end delete

begin insert (d) end insert  Compensatory education programs pursuant to Chapter 4
(commencing with Section 54400) of Part 29, except for programs
for begin delete migrant end delete begin insert migratory end insert children pursuant to Article 3 (commencing
with Section 54440) of Chapter 4 of Part 29.

begin insert

begin insert SEC. 20. end insert   

end insert

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

64000.  

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

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

begin delete end delete begin delete

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

end delete begin delete end delete begin delete

(3)

end delete

begin insert (2) end insert  Economic begin delete Impact Aid end delete begin insert impact aid end insert programs established
pursuant to Chapter 1 (commencing with Section 54000) of Part
29.

begin delete end delete begin delete

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

end delete begin delete end delete begin delete

(5)

end delete

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

begin delete

(6)

end delete

begin insert (4) end insert  Programs providing assistance to disadvantaged pupils under
Section 6312 of Title 20 of the United States Code, and programs
providing assistance for neglected or delinquent pupils who are at
risk of dropping out of school, as funded by Section 6421 of Title
20 of the United States Code.

begin delete

(7)

end delete

begin insert (5) end insert  Capital expense funding, as provided by Title I of the begin insert federal end insert
Improving America’s Schools Act of 1994 (20 U.S.C. Sec. begin delete 1001 end delete
begin insert 6301 end insert et seq.).

begin delete

(8)

end delete

begin insert (6) end insert  California Peer Assistance and Review Programs for
Teachers established pursuant to Article 4.5 (commencing with
Section 44500) of Chapter 3 of Part begin delete 25. end delete begin insert 25 of Division 3. end insert

begin delete

(9)

end delete

begin insert (7) end insert  Professional development programs established pursuant to
Section 6601 of Title 20 of the United States Code.

begin delete

(10)

end delete

begin insert (8) end insert  Innovative begin delete Program Strategies Programs end delete begin insert program strategies
programs end insert established pursuant to Section 7303 of Title 20 of the
United States Code.

begin delete

(11)

end delete

begin insert (9) end insert  Programs established under the federal Class Size Reduction
Initiative begin delete (P.L. end delete begin insert (Public Law end insert 106-554).

begin delete

(12)

end delete

begin insert (10) end insert  Programs for tobacco use prevention funded by Section
7115 of Title 20 of the United States Code.

begin delete

(13)

end delete

begin insert (11) end insert  School safety and violence prevention programs, established
pursuant to Article 3.6 (commencing with Section 32228) of
Chapter 2 of Part begin delete 19. end delete begin insert 19 of Division 1 of Title 1. end insert

begin delete

(14)

end delete

begin insert (12) end insert  Safe and begin delete Drug Free Schools end delete begin insert drug-free schools end insert and
begin delete Communities end delete begin insert communities end insert programs established pursuant to
Section 7113 of Title 20 of the United States Code.

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

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

begin insert

begin insert SEC. 21. end insert   

end insert begin insert

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

end insert

begin delete

SECTION 1.  

Section 33034 of the Education Code is amended
to read:

33034.  

The board shall issue a subpoena to compel the
attendance of a witness before the board, or a member of the board,
in the same manner as a court in this state. Whenever the testimony
of a witness upon a matter pending before it is material, the
president shall cause the attendance of the witness before the board,
or a member of the board, to testify concerning the matter, and the
board may make a reasonable allowance for this purpose not
exceeding the fees of a witness in a civil case. The allowance shall
be paid for out of the appropriation for the expense of the board,
but an allowance shall not be made in favor of a witness who
appears in behalf of a claimant. This section shall not apply to
proceedings conducted in accordance with Chapter 5 of Part 1 of
Division 3 of Title 2 of the Government Code.

end delete