SB 77,
as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2015. end deletebegin insertEducation finance: education omnibus trailer bill. end insert
(1) Existing law provides supplemental funding to qualifying California state preschool classrooms, and requires a part-day preschool program to provide parenting education and to provide staff development for teachers in participating classrooms as a condition of receiving funds.
end insertbegin insertThis bill would include within the meaning of parenting education for these purposes improving parental knowledge of local resources for the identification of and services for developmental disabilities, and would include as part of staff development the development of improved behavioral strategies and the provision of interventions for young children to improve kindergarten readiness.
end insertbegin insert(2) Existing law provides for income eligibility standards for families to receive child care and development services. Existing law provides that “income eligible,” for purposes of the Child Care and Development Services Act, means that a family’s adjusted monthly income is at or below 70% of the state median income, adjusted for family size, and adjusted annually. Notwithstanding this provision, existing law sets the income eligibility limits for the 2014-15 fiscal year at 70% of the state median income that was in use for the 2007-08 fiscal year, adjusted for family size.
end insertbegin insertThis bill would set the income eligibility limits for the 2015-16 fiscal year at 70% of the state median income that was in use for the 2007-08 fiscal year, adjusted for family size.
end insertbegin insert(3) Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable child care standards and assigned reimbursement rates, and sets the standard reimbursement rate at $9,024.75 per unit of average daily enrollment for a 250-day year. Commencing with the 2015-16 fiscal year, existing law requires that rate to be increased by the cost-of-living adjustment granted by the Legislature annually.
end insertbegin insertThis bill would set the standard reimbursement rate at $9,572.50, and the full-day state preschool reimbursement rate at $9,632.50, per unit of average daily enrollment for a 250-day year and, commencing with the 2016-17 fiscal year, would require that rate to be increased by the cost-of-living adjustment granted by the Legislature annually.
end insertbegin insert(4) Existing law applies various adjustment factors to specified programs, including programs for infants and toddlers, for which reimbursement rates are at or below the standard reimbursement rate, as provided.
end insertbegin insertThis bill would provide that these adjustment factors shall apply to those full-day state preschool programs for which assigned reimbursement rates are above the full-day state preschool reimbursement rate.
end insertbegin insert(5) Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age. Existing law authorizes the City and County of San Francisco, until July 1, 2016, and as a pilot project, to develop and implement an individualized county child care subsidy plan, requires the city and county, on or before December 31, 2014, to submit a final report to the Legislature and other specified entities that summarizes the impact of the plan, requires the city and county to phase out the plan and implement the state’s requirements for child care subsidies as of July 1, 2018, and provides for the repeal of those provisions on January 1, 2019.
end insertbegin insertThis bill would authorize the City and County of San Francisco to implement the individualized county child care subsidy plan indefinitely and would make conforming changes. The bill would make legislative findings and declarations regarding the need for special legislation for the City and County of San Francisco.
end insertbegin insert(6) Existing law provides that the cost of child care services provided for CalWORKs recipients is governed by regional market rates, and establishes regional market rate ceilings for each region at the greater of either the 85th percentile of the 2009 regional market rate survey for that region, reduced by 10.11%, or the 85th percentile of the 2005 regional market rate survey for that region.
end insertbegin insertThis bill would, commencing October 1, 2015, increase the regional market rate ceilings established for each region by 4.5%. The bill would provide that, effective October 1, 2015, reimbursement to license-exempt child care providers shall not exceed 65% of the established regional market rate. The bill would require, commencing October 1, 2015, the regional market rate ceilings for all counties to be increased by 4.5%.
end insertbegin insert(7) Existing law establishes the Educational Telecommunication Fund, moneys in which are available for expenditure upon appropriation for specified purposes relating to establishing telecommunication standards for state, county, and local educational agencies. Existing law provides for the deposit in the fund of the amount of any offset made to certain apportionments upon a specified finding, and limits the maximum amount that may be annually deposited in the fund from the offset to $15,000,000.
end insertbegin insertThis bill would repeal the provisions relating to the deposit of moneys into the fund.
end insertbegin insert(8) Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The act requires the board to require applicant school districts that receive funding under the act to establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for ongoing and major maintenance of school buildings, and to agree to deposit into that account in each fiscal year for 20 years after receipt of funds under the act a minimum amount equal to or greater than 3% of the total general fund expenditures of the applicant school district for that fiscal year.
end insertbegin insertThis bill would require the board to require applicant school districts to instead deposit into the account, for the 2015-16 and 2016-17 fiscal years, a minimum amount that is the lesser of 3% of the total general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014-15 fiscal year. For the 2017-18 to 2019-20 fiscal years, inclusive, the bill would require the board to require applicant school districts to instead deposit into the account a minimum amount that is the greater of (1) the lesser of 3% of the total general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014-15 fiscal year or (2) 2% of the total general fund expenditures of the applicant school district for that fiscal year. The bill would make the existing minimum amount deposit requirement applicable to school districts that received an amount equal to or greater than 10% of state school facilities funds in specified prior years only under certain circumstances. The bill would specify that funds in the account may be used for drought mitigation purposes related to the implementation of a certain executive order of the Governor. The bill would also delete obsolete provisions.
end insertbegin insert(9) Section 8 of Article XVI of the California Constitution sets forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts for each fiscal year. Existing law provides that “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” for purposes of that computation, include funds appropriated for part-day California state preschool programs and the After School Education and Safety Program.
end insertbegin insertThis bill would provide that those funds appropriated to local educational agencies to create a full day of care for children participating in the California state preschool program are also “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts” for purposes of that computation.
end insertbegin insert(10) Existing law requires, for the 1990-91 fiscal year and each fiscal year thereafter, that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes that provision inapplicable to the 1992-93 to 2014-15 fiscal years, inclusive.
end insertbegin insertThis bill would also make that provision inapplicable to the 2015-16 fiscal year.
end insertbegin insert(11) Existing law declares the minimum state education funding obligation for school districts and community college districts for the 2006-07 fiscal year is $55,251,266,000, with an outstanding balance of $211,533,000. Existing law, commencing with the 2015-16 fiscal year, requires the Legislature to appropriate the outstanding balance, as specified.
end insertbegin insertThis bill would appropriate $256,000,000 from the General Fund to the Controller for allocation to school districts and community college districts for the purpose of offsetting the entire 2006-07 outstanding balance referenced above, and offsetting the 2009-10 outstanding balance of the minimum funding obligation to school districts and community college districts, as specified.
end insertbegin insert(12) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund, including, among other subject matters, classes and courses for adult education programs for apprentices.
end insertbegin insertThis bill would instead authorize for purposes of apportionments from the adult education fund programs offering pre-apprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area.
end insertbegin insert(13) Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the total percentage of English language learners, pupils eligible for free or reduced-price meals, and foster youth served by county superintendents of schools, school districts, and charter schools. Existing law requires the Superintendent of Public Instruction to subtract certain amounts, including amounts from certain redevelopment revenues that are paid to these local educational agencies, from their base grants.
end insertbegin insertExisting law provides, in calculating each community college district’s revenue level for each fiscal year, that the Board of Governors of the California Community Colleges shall subtract, from the total revenues otherwise owed to the community college districts, certain amounts, including certain redevelopment-related revenues that are allocated to community college districts and, for purposes of community college district revenue levels, that are considered property tax revenues.
end insertbegin insertThis bill would revise the provisions of the local control funding formula for county offices of education, school districts, and charter schools, and the provisions for a community college district’s revenue levels, that address the treatment of these redevelopment funds, as specified, including authorizing the expenditure of a portion of those funds for land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance.
end insertbegin insert(14) 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, and requires funds received for specified pupil transportation programs to be included as part of the formula.
end insertbegin insertThis bill would revise specified calculations for home-to-school transportation joint powers agencies that received certain apportionments in the 2012-13 fiscal year by authorizing the joint powers agencies to identify and transfer the entitlement to that funding, commencing with the 2015-16 fiscal year, to member local educational agencies, and would require the Superintendent of Public Instruction to add those amounts to the member local educational agencies’ local control funding formula allocations, as specified.
end insertbegin insert(15) This bill would require the Superintendent of Public Instruction to reduce any home-to-school transportation funding of the county local control funding formula allocated to the Los Angeles County Superintendent of Schools by $2,785,448, and would require the Superintendent of Public Instruction to increase the home-to-school transportation funding of the school district local control funding formula for specified school districts in specified amounts.
end insertbegin insert(16) Existing law provides for the levying of fees by the Commission on Teacher Credentialing for the issuance and renewal of teaching and service credentials, not to exceed $70.
end insertbegin insertThis bill would increase the maximum amount of the fee from $70 to $100.
end insertbegin insert(17) Existing law requires the California School Finance Authority to administer the Charter School Facility Grant Program, and provides that the grant program is intended to provide assistance with facilities rent and lease costs for pupils in charter schools. Existing law provides that a charter schoolsite is eligible for funding under this provision if the charter schoolsite is located in the attendance area of a public elementary school in which 70% or more of the pupil enrollment is eligible for free or reduced-price meals, or if 70% of the pupil enrollment at the charter schoolsite is eligible for free or reduced-price meals, as measured using prior year data. Existing law further specifies that the grant program is to be expanded by reducing the 70% threshold if funds remain after eligible charter schools meeting the 70% requirement are funded.
end insertbegin insertThis bill would reduce the eligibility threshold to participate in the grant program from 70% to 55%. The bill would provide that a new charter school that was not operational in the prior year shall be eligible in the current year if it meets the free or reduced-price meal eligibility requirements based on current year data. The bill would delete the provisions providing for the expansion of the program specified above.
end insertbegin insert(18) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program, and, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, requires the school district or charter school to comply with specified minimum age requirements for pupils participating in the transitional kindergarten program, including, for the 2014-15 school year and each school year thereafter, that the school district or charter school admit a child who will have his or her 5th birthday between September 2 and December 2. Existing law also specifies that a transitional kindergarten program shall not be construed as a new program or higher level of service.
end insertbegin insertExisting law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of certain categories of pupils, known as unduplicated pupils, served by the county superintendent of schools, school district, or charter school. Existing law includes among unduplicated pupils, a pupil who is classified as an English learner, eligible for a free or reduced-price meal, or a foster youth, as defined, and requires county superintendents of schools, school districts, and charter schools to submit and report data relating to these pupils.
end insertbegin insertThis bill would, for the 2015-16 school year and each school year thereafter, authorize a school district or charter school, at any time during the school year, to admit a child to a transitional kindergarten program who will have his or her 5th birthday after December 2 but during that same school year if certain conditions are met. The bill would prohibit a pupil admitted to a transitional kindergarten program pursuant to that provision from generating average daily attendance, or being included in the enrollment or unduplicated pupil count pursuant to the local control funding formula, until the pupil has attained his or her 5th birthday.
end insertbegin insert(19) Existing law sets the reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools at $0.2248 per meal, and for meals served in child care centers and homes, at $0.1674 per meal.
end insertbegin insertThis bill would increase the reimbursement rate for elementary, middle, and high schools to $0.2271 per meal, and, for meals served in child care centers and homes, would increase the reimbursement rate to $0.1691 per meal.
end insertbegin insert(20) Existing law requires the ratio of average daily attendance for independent study pupils 18 years of age or less to full-time equivalent certificated employees responsible for independent study, for the applicable grade span, as specified, not to exceed a specified ratio.
end insertbegin insertThis bill would delete grade spans as factors in the computation of the ratios.
end insertbegin insert(21) Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop an Academic Performance Index, as specified, to measure the performance of schools and school districts. Existing law requires schools and school districts to demonstrate comparable improvement in academic achievement as measured by the Academic Performance Index by all numerically significant pupil subgroups at the school or school district, including ethnic subgroups, socioeconomically disadvantaged pupils, English learners, pupils with disabilities, and foster youth.
end insertbegin insertThis bill would add homeless youth to the list of numerically significant pupil subgroups designated in this provision and would specify that, for a subgroup of pupils who are homeless youth, a numerically significant pupil subgroup is one that consists of at least 15 pupils. To the extent that this bill would impose new duties on schools and school districts, it would constitute a state-mandated local program.
end insertbegin insert(22) Existing law requires the State Board of Education, on or before October 1, 2015, to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement.
end insertbegin insertThis bill would instead require the state board to adopt evaluation rubrics on or before October 1, 2016.
end insertbegin insert(23) Existing law prohibits the expenditure of revenue derived from the average daily attendance of adult education programs for other than adult education purposes.
end insertbegin insertThis bill would authorize the expenditure of revenue derived from average daily attendance pursuant to the local control funding formula for adult education programs.
end insertbegin insert(24) Existing law requires the State Department of Education to administer the California Career Pathways Trust as a competitive grant program for kindergarten and grades 1 to 14, inclusive.
end insertbegin insertThis bill would specify that funds appropriated in Item 6110-280-0001 of the Budget Act of 2014 for the Career Technical Education Pathways Grant Program shall be available for expenditure in the 2014-15 fiscal year to the 2016-17 fiscal year, inclusive.
end insertbegin insert(25) Existing law authorizes secondary schools and postsecondary educational institutions to offer instruction in career technical education.
end insertbegin insertThis bill would establish the California Career Technical Education Incentive Grant Program, under the administration of the State Department of Education, as a state education and economic and workforce development initiative with the goal of providing pupils in kindergarten and grades 1 to 12, inclusive, with the knowledge and skills necessary to transition to employment and postsecondary education. The bill would establish criteria for the award of grants to school districts, county offices of education, charter schools, or regional occupational centers or programs operated by joint powers authorities under these provisions. The bill would appropriate specified amounts from the General Fund in the 2015-16, 2016-17, and 2017-18 fiscal years to the department for the award of grants.
end insertbegin insert(26) Existing law establishes a process for the adoption of instructional materials, including instructional materials related to history-social science, for use in public elementary and secondary schools.
end insertbegin insertThis bill would, for purposes of adopting basic instructional materials for history-social science, require the State Department of Education to provide notice of the imposition of a fee, as specified, to all publishers and manufacturers known to produce basic instructional materials in history-social science. The bill would require that each publisher or manufacturer choosing to participate in the textbook adoption process be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program.
end insertbegin insert(27) Existing law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults. Existing law requires the grant funds provided under this program to be used by each regional consortium to create and implement a plan to better provide adults in its region with certain skills, classes, courses, and programs, including, among other things, programs for apprentices.
end insertbegin insertThis bill would instead require the plan to better provide adults in the region with programs offering pre-apprenticeship training activities, as specified. To the extent that this bill would impose new duties on school districts and community college districts that participate in these regional consortia, it would constitute a state-mandated local program.
end insertbegin insert(28) Existing law provides that adult schools and evening high schools shall consist of classes for adults. Existing law authorizes minors to be admitted into those classes pursuant to policies adopted by the governing board of the school district if those minors meet certain eligibility requirements.
end insertbegin insertExisting law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults.
end insertbegin insertThis bill would establish the Adult Education Block Grant Program under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. The bill would require the chancellor and the Superintendent, with the advice of the Executive Director of the State Board of Education, to divide the state into adult education regions and approve one adult education consortium in each adult education region, as specified.
end insertbegin insertThe bill would require the chancellor and the Superintendent, with the advice of the executive director, to approve, for each consortium, rules and procedures that adhere to prescribed conditions. The bill would require that, as a condition for the receipt of an apportionment of funds from this program for a particular fiscal year, members of a consortium to have approved an adult education plan, as specified.
end insertbegin insertThe bill, for the 2015-16 fiscal year, would require the chancellor and the Superintendent, with the concurrence of the executive director, to approve a schedule of allocations, and to apportion funds, to each consortium in accordance with prescribed calculations. The bill, for the 2016-17 fiscal year and each fiscal year thereafter, would require the chancellor and the Superintendent, with the advice of the executive director, to approve, within 15 days of the annual Budget Act and in accordance with prescribed criteria, a final schedule of allocations to each consortium under the program.
end insertbegin insertThe bill would require the chancellor and the Superintendent to submit to the Director of Finance, the State Board of Education, and the Legislature, no later than January 31, 2016, a plan approved by the chancellor and the Superintendent to distribute funds from specified federal programs to the consortia for purposes of the program proposed in this bill. The bill would also require the chancellor and the Superintendent to submit an annual report including specified data about the use of funds for the program and the outcomes for adults statewide and in each adult education region.
end insertbegin insertThis bill would, to the extent that one-time funding is made available in the Budget Act of 2015 for its purposes, require the chancellor and the Superintendent to identify common measures for determining the effectiveness of the members of each consortium in meeting the educational needs of adults, as specified. The bill would require the chancellor and the Superintendent to submit to the Director of Finance, the State Board of Education, and the appropriate fiscal and policy committees of the Legislature, no later than November 1, 2015, a report of its progress in this regard.
end insertbegin insertThe bill would require that 85% of the funds appropriated for purposes of these provisions be used for grants to consortia to establish systems or obtain data necessary to submit as required pursuant to a specified statute, and that 15% of the funds appropriated for purposes of these provisions be used for grants for development of statewide policies and procedures related to data collection or reporting or for technical assistance to consortia, or both.
end insertbegin insert(29) Existing law requires certain funds appropriated in the annual Budget Act for reimbursement for the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, charter schools, and county offices of education, to support specified state-mandated local programs. Existing law provides that a school district, charter school, or county office of education that submits a letter requesting funding to the Superintendent of Public Instruction and receives this block grant funding is not eligible to submit a claim for reimbursement for those specified mandated programs for the fiscal year in which the block grant funding is received.
end insertbegin insertThis bill would revise the list of programs that are authorized for block grant funding in lieu of program-specific reimbursement, as specified.
end insertbegin insert(30) This bill, for the 2014-15 fiscal year, would appropriate $287,149,000 from the General Fund to the Superintendent of Public Instruction for allocation to school districts, county offices of education, and charter schools, and appropriate $49,500,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts, for purposes of satisfying state-mandated local program reimbursement claims.
end insertbegin insertThe bill also would appropriate $3,098,455,000 from the General Fund to the Superintendent for allocation to school districts and county superintendents of schools, and $604,043,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts, as specified. The bill would authorize the governing boards of school districts and community college districts to expend these one-time funds for any purpose, as determined by a governing board.
end insertbegin insert(31) Existing law authorizes the Inglewood Unified School District, until June 30, 2015, to sell property owned by the school district and use the proceeds to reduce or retire a specified emergency loan.
end insertbegin insertThis bill would extend the operation of those provisions to June 30, 2018. The bill would make legislative findings and declarations as to the necessity of a special statute for the Inglewood Unified School District.
end insertbegin insert(32) 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 requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of certain categories of pupils, known as unduplicated pupils, served by the county superintendent of schools, school district, or charter school. Existing law requires the Superintendent of Public Instruction to calculate, for each county superintendent of schools, school district, and charter school, a base entitlement for the transition to the local control funding formula, and requires the Superintendent to determine the percentage of school districts that are apportioned base entitlement funding that is less than the amount calculated pursuant to the local control funding formula. If the percentage is less than 10%, existing law requires the Superintendent to apportion funding to school districts and charter schools equal to the amount calculated pursuant to the local control funding formula in that fiscal year and each fiscal year thereafter.
end insertbegin insertThis bill would declare the intent of the Legislature that when the local control funding formula is fully implemented, local educational agencies shall be required to report to the Superintendent for compilation on the State Department of Education’s Internet Web site (1) the amount of funds received on the basis of the number and concentration of unduplicated pupils in the current year and, to the extent available, prior fiscal years and (2) the amount of local control funding formula funds expended on services for unduplicated pupils in the current year and, to the extent available, prior fiscal years commencing with the 2013-14 fiscal year. By requiring local educational agencies to report certain information to the Superintendent, this bill would impose a state-mandated local program.
end insertbegin insert(33) This bill would require an amount to be determined by the Director of Finance to be appropriated, on or before June 30, 2016, from the General Fund to the Superintendent of Public Instruction in the event that and up to the amount by which specified revenues distributed to local educational agencies for special education programs are less than the estimated amount reflected in the Budget Act of 2015. The bill would also require the Director of Finance to reduce the General Fund appropriation for these programs by the amount that these revenues exceed the estimated amount.
end insertbegin insert(34) This bill would require the State Department of Education to convene, by September 1, 2015, a stakeholder group, composed as specified, to provide recommendations to streamline data and other reporting requirements for child care and early learning providers that contract with the department to provide state preschool and other state subsidized child care and early learning programs, as specified.
end insertbegin insert(35) This bill would require the State Department of Education to convene, by September 1, 2015, a stakeholder group, composed as specified, to examine CalWORKs Stage 2, CalWORKs Stage 3, and alternative payment program child care contract requirements, program and fiscal audits, and the process by which contractors are informed of and implement new contract requirements, with the purpose of identifying redundancies and efficiencies in program implementation and reducing the workload in program administration, as specified.
end insertbegin insert(36) This bill would appropriate the sum of $50,000 from the General Fund to the State Department of Education for payment of claims received in the 2013-14 and 2014-15 fiscal years pursuant to the requirements for conducting hearings relating to suspension or dismissal of certificated school employees.
end insertbegin insert(37) This bill would appropriate the sum of $350,000 to the Superintendent of Public Instruction for support and development of evaluation rubrics for specified purposes relating to the implementation of local control and accountability plans.
end insertbegin insert(38) In the 2009-10 and 2010-11 fiscal years, for a pupil of a charter school sponsored by a basic aid school district who resided in a school district other than a basic aid school district, the Superintendent of Public Instruction was required to apportion to the sponsoring school district an amount equal to 70% of the revenue limit funding per unit of average daily attendance that would have been apportioned to the school district in which the pupil resided, as specified. However, a basic aid school district that lost basic aid status as a result of required property tax transfers to charter schools was entitled to a pro rata share of that apportionment, calculated based on the ratio between (1) the amount of property taxes the school district would have received in excess of the revenue limit guarantee before required property tax transfers to charter schools and (2) the total amount of property taxes transferred to the charter schools that the school district sponsored.
end insertbegin insertThis bill would, for the 2009-10 and 2010-11 fiscal years, require that certain allocations from the county Supplemental Educational Revenue Augmentation Fund, created in 2009 and funded with specified redevelopment agency revenues, be treated as property taxes for purposes of calculating the ratio that determined the pro rata share of the apportionment for a basic aid school district that lost its basic aid status as a result of required property tax transfers to charter schools.
end insertbegin insert(39) This bill would appropriate an additional $2,000,000 to the amount apportioned pursuant to the local control funding formula for the Los Angeles County Office of Education for the purpose of supporting professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
end insertbegin insert(40) This bill would specify that, of the amount allocated pursuant to a specified item in the Budget Act of 2012, $16,549,000 shall be allocated to fund the 2010-11 fiscal year maintenance of effort in the special education program, and $19,173,000 shall be allocated to fund the 2011-12 maintenance of effort in the special education program.
end insertbegin insert(41) This bill would appropriate the sum of $10,000,000 from the General Fund to the Superintendent of Public Instruction on a one-time basis to apportion to a designated county office of education or two designated county offices of education applying jointly to provide technical assistance and to develop and disseminate statewide resources that encourage and assist local educational agencies and charter schools in establishing and aligning schoolwide, data-driven systems of learning and behavioral supports for the purpose of meeting the needs of California’s diverse learners in the most inclusive environments possible, as specified. The bill would provide that the designated county office of education or county offices of education shall, with the goal of maximizing their availability, efficacy, and usage across the state, identify existing evidence-based resources, professional development activities, and other efforts currently available, and develop new evidence-based resources and activities designed to help local educational agencies and charter schools across the state complete specified activities. The bill would require the designated county office of education or county offices of education, by September 30 of each fiscal year until the designated county office of education or county offices of education have fully expended the allocated funds, to submit an annual report to the Superintendent of Public Instruction summarizing how the designated county office of education or county offices of education used the allocated funds in the prior fiscal year.
end insertbegin insert(42) This bill would appropriate the sum of $490,000,000 from the General Fund to the Superintendent of Public Instruction to be allocated to school districts, county offices of education, charter schools, and the state special schools, as provided, for specified teacher and administrator training and professional development. The bill would appropriate the sum of $10,000,000 from the General Fund to the Superintendent of Public Instruction to be provided to the K-12 High-Speed Network for the purpose of providing professional development and technical assistance to local educational agencies related to network management.
end insertbegin insert(43) This bill would make conforming changes, correct cross-references, and make other nonsubstantive changes.
end insertbegin insert(44) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
end insertbegin insert(45) 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 insertbegin insertThis 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 insertbegin insert(46) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
end insertThis bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
end deleteVote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 2574 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
For the 2013-14 fiscal year and for each fiscal year
2thereafter, the Superintendent annually shall calculate a county
3local control funding formula for each county superintendent of
4schools as follows:
5(a) Compute a county office of education operations grant equal
6to the sum of each of the following amounts:
7(1) Six hundred fifty-five thousand nine hundred twenty dollars
8($655,920).
9(2) One hundred nine thousand three hundred twenty dollars
10($109,320) multiplied by the number of school districts for which
11the county superintendent of schools has jurisdiction pursuant to
12Section 1253.
13(3) (A) Seventy dollars ($70) multiplied by the number of units
14of countywide average daily attendance, up to a maximum of
1530,000 units.
16(B) Sixty dollars ($60) multiplied by the number of units of
17countywide average daily attendance for the portion of countywide
18average daily attendance, if any, above 30,000 units, up to a
19maximum of 60,000 units.
20(C) Fifty dollars ($50) multiplied by the number of units of
21countywide average daily attendance for the portion of countywide
22average daily attendance, if any, above 60,000, up to a maximum
23of 140,000 units.
24(D) Forty dollars ($40) multiplied by the number of units of
25countywide average daily attendance for the portion of countywide
26average daily attendance, if any, above 140,000 units.
27(E) For purposes of this section, countywide average daily
28attendance means the aggregate number of annual units of average
29daily attendance within the county attributable to all school districts
30for which the county superintendent of schools has jurisdiction
31pursuant to Section 1253, charter schools authorized by school
32districts for which the county superintendent of schools has
33jurisdiction, and charter schools authorized by the county
34superintendent of schools.
35(4) For the 2014-15 fiscal year and each fiscal year thereafter,
36adjust each of the rates provided in the prior year pursuant to
37paragraphs (1), (2), and (3) by the percentage change in the annual
38average value of the Implicit Price Deflator for State and Local
39Government Purchases of Goods and Services for the United States,
40as published by the United States Department of Commerce for
P18 1the 12-month period ending in the third quarter of the prior fiscal
2year. This
percentage change shall be determined using the latest
3data available as of May 10 of the preceding fiscal year compared
4with the annual average value of the same deflator for the 12-month
5period ending in the third quarter of the second preceding fiscal
6year, using the latest data available as of May 10 of the preceding
7fiscal year, as reported by the Department of Finance.
8(b) Determine the enrollment percentage of unduplicated pupils
9pursuant to the following:
10(1) (A) For the 2013-14 fiscal year, divide the enrollment of
11unduplicated pupils in all schools operated by a county
12superintendent of schools in the 2013-14 fiscal year by the total
13enrollment in those schools in the 2013-14 fiscal year.
14(B) For the 2014-15 fiscal year, divide the sum of the enrollment
15of unduplicated pupils in all
schools operated by a county
16superintendent of schools in the 2013-14 and 2014-15 fiscal years
17by the sum of the total enrollment in those schools in the 2013-14
18and 2014-15 fiscal years.
19(C) For the 2015-16 fiscal year and each fiscal year thereafter,
20divide the sum of the enrollment of unduplicated pupils in all
21schools operated by a county superintendent of schools in the
22current fiscal year and the two prior fiscal years by the sum of the
23total enrollment in those schools in the current fiscal year and the
24two prior fiscal years.
25(D) (i) For purposes of the quotients determined pursuant to
26subparagraphs (B) and (C), the Superintendent shall use a county
27superintendent of schools’ enrollment of unduplicated pupils and
28total pupil enrollment in the 2014-15 fiscal year instead of the
29enrollment of unduplicated pupils and total pupil enrollment in
30the 2013-14
fiscal year if doing so would yield an overall greater
31percentage of unduplicated pupils.
32(ii) It is the intent of the Legislature to review each county office
33of education’s enrollment of unduplicated pupils for the 2013-14
34and 2014-15 fiscal years and provide one-time funding, if
35necessary, for a county office of education with higher enrollment
36of unduplicated pupils in the 2014-15 fiscal year as compared to
37the 2013-14 fiscal year.
38(E) For purposes of determining the enrollment percentage of
39unduplicated pupils pursuant to this subdivision, enrollment in
40schools or classes established pursuant to Article 2.5 (commencing
P19 1with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title
22 and the enrollment of pupils other than the pupils identified in
3clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (4)
4of subdivision (c), shall be excluded from the
calculation of the
5enrollment percentage of unduplicated pupils.
6(F) The data used to determine the percentage of unduplicated
7pupils shall be final once that data is no longer used in the current
8fiscal year calculation of the percentage of unduplicated pupils.
9This subparagraph does not apply to a change that is the result of
10an audit that has been appealed pursuant to Section 41344.
11(2) For purposes of this section, an “unduplicated pupil” is a
12pupil who is classified as an English learner, eligible for a free or
13reduced-price meal, or a foster youth. For purposes of this section,
14the definitions in Section 42238.01 of an English learner, a pupil
15eligible for a free or reduced-price meal, and foster youth shall
16apply. A pupil shall be counted only once for purposes of this
17section if any of the following apply:
18(A) The pupil is classified as an English learner and is eligible
19for a free or reduced-price meal.
20(B) The pupil is classified as an English learner and is a foster
21youth.
22(C) The pupil is eligible for a free or reduced-price meal and is
23classified as a foster youth.
24(D) The pupil is classified as an English learner, is eligible for
25a free or reduced-price meal, and is a foster youth.
26(3) (A) Under procedures and timeframes established by the
27Superintendent, commencing with the 2013-14 fiscal year, a county
28superintendent of schools annually shall report the enrollment of
29unduplicated pupils, pupils classified as English learners, pupils
30eligible for free and reduced-price meals, and foster youth in
31schools operated
by the county superintendent of schools to the
32Superintendent using the California Longitudinal Pupil
33Achievement Data System.
34(B) The Superintendent shall make the calculations pursuant to
35this section using the data submitted through the California
36Longitudinal Pupil Achievement Data System.
37(C) The Controller shall include instructions, as appropriate, in
38the audit guide required by subdivision (a) of Section 14502.1, for
39determining if the data reported by a county superintendent of
40schools using the California Longitudinal Pupil Achievement Data
P20 1System is consistent with pupil data records maintained by the
2county office of education.
3(c) Compute an alternative education grant equal to the sum of
4the following:
5(1) (A) For the
2013-14 fiscal year, a base grant equal to the
62012-13 per pupil undeficited statewide average juvenile court
7school base revenue limit calculated pursuant to Article 3
8(commencing with Section 2550) of Chapter 12, as that article
9read on January 1, 2013. For purposes of this subparagraph, the
102012-13 statewide average juvenile court school base revenue
11limit shall be considered final as of the annual apportionment for
12the 2012-13 fiscal year, as calculated for purposes of the
13certification required on or before February 20, 2014, pursuant to
14Sections 41332 and 41339.
15(B) Commencing with the 2013-14 fiscal year, the per pupil
16base grant shall be adjusted by the percentage change in the annual
17average value of the Implicit Price Deflator for State and Local
18Government Purchases of Goods and Services for the United States,
19as published by the United States Department of Commerce for
20the 12-month period ending in the third quarter of the prior
fiscal
21year. This percentage change shall be determined using the latest
22data available as of May 10 of the preceding fiscal year compared
23with the annual average value of the same deflator for the 12-month
24period ending in the third quarter of the second preceding fiscal
25year, using the latest data available as of May 10 of the preceding
26fiscal year, as reported by the Department of Finance.
27(2) A supplemental grant equal to 35 percent of the base grant
28described in paragraph (1) multiplied by the enrollment percentage
29calculated in subdivision (b). The supplemental grant shall be
30expended in accordance with the regulations adopted pursuant to
31Section 42238.07.
32(3) (A) A concentration grant equal to 35 percent of the base
33grant described in paragraph (1) multiplied by the greater of either
34of the following:
35(i) The enrollment percentage calculated in subdivision (b) less
3650 percent.
37(ii) Zero.
38(B) The concentration grant shall be expended in accordance
39with the regulations adopted pursuant to Section 42238.07.
P21 1(4) (A) Multiply the sum of paragraphs (1), (2), and (3) by the
2total number of units of average daily attendance for pupils
3attending schools operated by a county office of education,
4excluding units of average daily attendance for pupils attending
5schools or classes established pursuant to Article 2.5 (commencing
6with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title
72, who are enrolled pursuant to any of the following:
8(i) Probation-referred pursuant to Sections 300, 601, 602, and
9654 of the Welfare
and Institutions Code.
10(ii) On probation or parole and not in attendance in a school.
11(iii) Expelled for any of the reasons specified in subdivision (a)
12or (c) of Section 48915.
13(B) Multiply the number of units of average daily attendance
14for pupils attending schools or classes established pursuant to
15Article 2.5 (commencing with Section 48645) of Chapter 4 of Part
1627 of Division 4 of Title 2 by the sum of the base grant calculated
17pursuant to paragraph (1), a supplemental grant equal to 35 percent
18of the base grant calculated pursuant to paragraph (1), and a
19concentration grant equal to 17.5 percent of the base grant
20calculated pursuant to paragraph (1). Funds provided for the
21supplemental and concentration grants pursuant to this calculation
22shall be expended in accordance with the regulations adopted
23pursuant to
Section 42238.07.
24(C) Add the amounts calculated in subparagraphs (A) and (B).
25(d) Add the amount calculated in subdivision (a) to the amount
26calculated in subparagraph (C) of paragraph (4) of subdivision (c).
27(e) Add all of the following to the amount calculated in
28subdivision (d):
29(1) The amount of funding a county superintendent of schools
30received for the 2012-13 fiscal year from funds allocated pursuant
31to the Targeted Instructional Improvement Block Grant program,
32as set forth in Article 6 (commencing with Section 41540) of
33Chapter 3.2 of Part 24 of Division 3 of Title 2, as that article read
34on January 1, 2013.
35(2) (A) begin insert
(i)end insertbegin insert end insert The amount of funding a county superintendent
36of schools received for the 2012-13 fiscal year from funds allocated
37pursuant to the Home-to-School Transportation program, as set
38forth inbegin insert formerend insert Article 2 (commencing with Section 39820) of
39Chapter 1 of Part 23.5 of Division 3 of Title 2,begin insert formerend insert Article 10
40(commencing with Section 41850) of Chapter 5 of Part 24 of
P22 1Division 3 of Title 2, and the Small School District Transportation
2program, as set forth inbegin insert formerend insert Article 4.5 (commencing with
3Section 42290) of Chapter 7
of Part 24 of Division 3 of Title 2, as
4those articles read on January 1, 2013.
5(ii) If a home-to-school transportation joint powers agency,
6established pursuant to Article 1 (commencing with Section 6500)
7of Chapter 5 of Division 7 of Title 1 of the Government Code for
8purposes of providing pupil transportation, received an
9apportionment directly from the Superintendent pursuant to Item
106110-111-0001 of Section 2.00 of the Budget Act of 2012, as
11identified in clause (i) of subparagraph (A) of paragraph (2) of
12subdivision (a) of Section 2575, the joint powers agency may
13identify the member local educational agencies and transfer
14entitlement to that funding to any of those member local
15educational agencies by reporting to the Superintendent, on or
16before September 30, 2015, the reassignment of a specified amount
17of the joint powers agency’s 2012-13 fiscal year
entitlement to
18the member local educational agency. Commencing with the
192015-16 fiscal year, the Superintendent shall add the reassigned
20amounts to the amounts calculated pursuant to this paragraph.
21(B) On or before March 1, 2014, the Legislative Analyst’s Office
22shall submit recommendations to the fiscal committees of both
23houses of the Legislature regarding revisions to the methods of
24funding pupil transportation that address historical funding
25inequities across county offices of education and school districts
26and improve incentives for local educational agencies to provide
27efficient and effective pupil transportation services.
28(3) The difference determined by subtracting the amount
29calculated pursuant to paragraph (1) of subdivision (c) for pupils
30attending a school that is eligible for funding pursuant to paragraph
31(2) of subdivision (b) of Section
42285 from the amount of funding
32that is provided to eligible schools pursuant to Section 42284, if
33the difference is positive.
begin insertSection 2575 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
35read:end insert
(a) Commencing with the 2013-14 fiscal year and for
37each fiscal year thereafter, the Superintendent shall calculate a
38base entitlement for the transition to the county local control
39funding formula for each county superintendent of schools based
P23 1on the sum of the amounts computed pursuant to paragraphs (1)
2to (3), inclusive, as adjusted pursuant to paragraph (4):
3(1) Revenue limits in the 2012-13 fiscal year pursuant to Article
43 (commencing with Section 2550) of Chapter 12, as that article
5read on January 1, 2013, adjusted only for changes in average daily
6attendance claimed by the county superintendent of schools for
7pupils identified in clauses (i), (ii), and (iii) of subparagraph (A)
8of paragraph (4) of subdivision (c) of Section 2574 and for pupils
9attending
juvenile court schools. For purposes of this paragraph,
10the calculation of an amount per unit of average daily attendance
11for pupils attending juvenile court schools shall be considered final
12for purposes of this section as of the annual apportionment for the
132012-13 fiscal year, as calculated for purposes of the certification
14required on or before February 20, 2014, pursuant to Sections
1541332 and 41339. All other average daily attendance claimed by
16the county superintendent of schools and any other average daily
17attendance used for purposes of calculating revenue limits pursuant
18to Article 3 (commencing with Section 2550) of Chapter 12, as
19that article read on January 1, 2013, shall be considered final for
20purposes of this section as of the annual apportionment for the
212012-13 fiscal year, as calculated for purposes of the certification
22required on or before February 20, 2014, pursuant to Sections
2341332 and 41339.
24(2) The sum of all of the following:
25(A) begin insert (i)end insertbegin insert end insert The amount of funding received from appropriations
26contained in Section 2.00 of the Budget Act of 2012, as adjusted
27by Section 12.42, in the followingbegin delete items:end deletebegin insert Items:end insert 6110-104-0001,
286110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001,
296110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001,
306110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001,
316110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001,
326110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001,
336110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001,
346110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001,
356110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001,
366110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001,
376110-268-0001, and 6360-101-0001, 2012-13 fiscal year funding
38for the Class Size Reduction Program pursuant to Chapter 6.10
39(commencing with Section 52120) of Part 28 of Division 4 of Title
402, as that chapter read on January 1, 2013, and 2012-13 fiscal year
P24 1funding for pupils enrolled in
community day schools who are
2mandatorily expelled pursuant to subdivision (d) of Section 48915.
3For purposes of this subparagraph, the 2012-13 fiscal year
4appropriations described in this subparagraph shall be considered
5final as of the annual apportionment for the 2012-13 fiscal year,
6as calculated for purposes of the certification required on or before
7February 20, 2014, pursuant to Sections 41332 and 41339.
8(ii) If a home-to-school transportation joint powers agency,
9established pursuant to Article 1 (commencing with Section 6500)
10of Chapter 5 of Division 7 of Title 1 of the Government Code for
11purposes of providing pupil transportation, received an
12apportionment directly from the Superintendent pursuant to Item
136110-111-0001 of Section 2.00 of the Budget Act of 2012, as
14identified in clause (i), the joint powers agency may identify the
15member local
educational agencies and transfer entitlement to
16that funding to any of those member local educational agencies
17by reporting to the Superintendent, on or before September 30,
182015, the reassignment of a specified amount of the joint powers
19agency’s 2012-13 fiscal year entitlement to the member local
20educational agency. Commencing with the 2015-16 fiscal year,
21the Superintendent shall add the reassigned amounts to the
22amounts calculated pursuant to this paragraph. These funds shall
23be subject to the requirements specified in paragraph (1) of
24subdivision (k).
25(B) The amount of local revenues used to support a regional
26occupational center or program established and maintained by a
27county superintendent of schools pursuant to Section 52301.
28(3) For the 2014-15 fiscal year and for each fiscal year
29thereafter, the sum of the amounts apportioned to the county
30
superintendent of schools pursuant to subdivision (f) in all prior
31years.
32(4) The revenue limit amount determined pursuant to paragraph
33(1) shall be increased by the difference determined by subtracting
34the amount provided per unit of average daily attendance in
35paragraph (1) for pupils attending a school that is eligible for
36funding pursuant to paragraph (2) of subdivision (b) of Section
3742285 from the amount of funding that was provided to eligible
38schools in the 2012-13 fiscal year pursuant to Sections 42284 and
3942238.146, as those sections read on January 1, 2013.
P25 1(b) The Superintendent shall annually compute a county local
2control funding formula transition adjustment for each county
3superintendent of schools as follows:
4(1) Subtract the amount computed pursuant to subdivision (a)
5from the amount computed
pursuant to subdivision (e) of Section
62574. A difference of less than zero shall be deemed to be zero.
7(2) Divide the difference for each county superintendent of
8schools calculated pursuant to paragraph (1) by the total sum of
9the differences for all county superintendents of schools calculated
10pursuant to paragraph (1).
11(3) Multiply the proportion calculated for each county
12superintendent of schools pursuant to paragraph (2) by the amount
13of funding specifically appropriated for purposes of subdivision
14(f). The amount calculated shall not exceed the difference for the
15county superintendent of schools calculated pursuant to paragraph
16(1).
17(c) The Superintendent shall subtract from the amount calculated
18pursuant to subdivision (a) the sum of each of the following:
19(1) Local property tax revenues received pursuant to Section
202573 in the then current fiscal year.
21(2) Any amounts that the county superintendent of schools was
22required to maintain as restricted and not available for expenditure
23in the 1978-79 fiscal year as specified in the second paragraph of
24subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978,
25as amended by Chapter 51 of the Statutes of 1979.
26(3) The amount received pursuant to subparagraph (C) of
27paragraph (3) of subdivision (a) of Section 33607.5 of the Health
28and Safety Code that is considered property taxes pursuant to that
29section.
30(4) The amount, if any, received pursuant to Sections 34177,
3134179.5, 34179.6, 34183, and 34188 of the Health and Safety
32Code.
33(5) The
amount, if any, received pursuant to subparagraph (B)
34of paragraph (3) of subdivision (e) of Section 36 of Article XIII
35of the California Constitution.
36(d) The Superintendent shall subtract from the amount computed
37pursuant to subdivision (e) of Section 2574 the sum of the amounts
38computed pursuant to paragraphs (1) to (5), inclusive, of
39subdivision (c).
P26 1(e) The Superintendent shall annually apportion to each county
2superintendent of schools the amount calculated pursuant to
3subdivision (c) unless the amount computed pursuant to subdivision
4(c) is negative. If the amount computed is negative, except as
5provided in subdivision (f), an amount of property tax of the county
6superintendent of schools equal to the negative amount shall be
7deemed restricted and not available for expenditure during the
8fiscal year. In the following fiscal year, that amount, excluding
9any amount of funds
used for purposes of subdivision (f), shall be
10considered restricted local property tax revenue for purposes of
11subdivision (a) of Section 2578. State aid shall not be apportioned
12to the county superintendent of schools pursuant to this subdivision
13if the amount computed pursuant to subdivision (c) is negative.
14(f) (1) The Superintendent shall apportion, from an
15appropriation specifically made for this purpose, the amount
16computed pursuant to subdivision (b), or, if the amount computed
17pursuant to subdivision (c) is negative, the sum of the amounts
18computed pursuant to subdivisions (b) and (c) if the sum if greater
19than zero.
20(2) The Superintendent shall apportion any portion of the
21appropriation made for purposes of paragraph (1) that is not
22apportioned pursuant to paragraph (1) pursuant to the following
23calculation:
24(A) Add the amount calculated pursuant to subdivision (b) to
25the amount computed pursuant to subdivision (a) for a county
26superintendent of schools.
27(B) Subtract the amount computed pursuant to subparagraph
28(A) from the amount computed pursuant to subdivision (e) of
29Section 2574 for the county superintendent of schools.
30(C) Divide the difference for the county superintendent of
31schools computed pursuant to subparagraph (B) by the sum of the
32differences for all county superintendents of schools computed
33pursuant to subparagraph (B).
34(D) Multiply the proportion computed pursuant to subparagraph
35(C) by the unapportioned balance in the appropriation. That product
36shall be the county superintendent of schools’ proportion of total
37need.
38(E) Apportion to each county superintendent of schools the
39amount calculated pursuant to subparagraph (D), or if subdivision
40(c) is negative, apportion the sums of subdivisions (b) and (c) and
P27 1subparagraph (D) of this subdivision if the sum is greater than
2zero.
3(F) The Superintendent shall repeat the computation made
4pursuant to this paragraph, accounting for any additional amounts
5apportioned after each computation, until the appropriation made
6for purposes of paragraph (1) is fully apportioned.
7(G) The total amount apportioned pursuant to this subdivision
8to a county superintendent of schools shall not exceed the
9difference for the county superintendent of schools calculated
10pursuant to paragraph (1) of subdivision (b).
11(H) For purposes of this
paragraph, the proportion of need that
12is funded from any appropriation made specifically for purposes
13of this subdivision in the then current fiscal year shall be considered
14fixed as of the second principal apportionment for that fiscal year.
15Adjustments to a county superintendent of schools’ total need
16computed pursuant to subparagraph (D) after the second principal
17apportionment for the then current fiscal year shall be funded based
18on the fixed proportion of need that is funded for that fiscal year
19pursuant to this subdivision, and shall be continuously appropriated
20pursuant to Section 14002.
21(g) (1) For a county superintendent of schools for whom, in the
222013-14 fiscal year, the amount computed pursuant to subdivision
23(c) is less than the amount computed pursuant to subdivision (d),
24in the first fiscal year following the fiscal year in which the sum
25of the apportionments computed pursuant to subdivisions (e) and
26(f)
is equal to, or greater than, the amount computed pursuant to
27subdivision (d) of this section, the Superintendent shall apportion
28to the county superintendent of schools the amount computed in
29subdivision (d) in that fiscal year and each fiscal year thereafter
30instead of the amounts computed pursuant to subdivisions (e) and
31(f).
32(2) For a county superintendent of schools for whom, in the
332013-14 fiscal year, the amount computed pursuant to subdivision
34(c) is greater than the amount computed pursuant to subdivision
35(d), in the first fiscal year in which the amount computed pursuant
36to subdivision (c) would be less than the amount computed pursuant
37to subdivision (d), the Superintendent shall apportion to the county
38superintendent of schools the amount computed in subdivision (d)
39in that fiscal year and each fiscal year thereafter instead of the
40amounts computed pursuant to subdivisions (e) and (f).
P28 1(3) In each fiscal year, the Superintendent shall determine the
2percentage of county superintendents of schools that are
3apportioned funding that is less than the amount computed pursuant
4to subdivision (d), as of the second principal apportionment of the
5fiscal year. If the percentage is less than 10 percent, the
6Superintendent shall apportion to those county superintendents of
7schools funding equal to the amount computed in subdivision (d)
8in that fiscal year and for each fiscal year thereafter instead of the
9amounts calculated pursuant to subdivisions (e) and (f).
10(4) Commencing with the first fiscal year after the
11apportionments in paragraph (3) are made, the adjustments in
12paragraph (4) of subdivision (a) of Section 2574 and subparagraph
13(B) of paragraph (1) of subdivision (c) of Section 2574 shall be
14made only if an appropriation for those purposes is included in the
15annual Budget
Act.
16(5) If the calculation pursuant to subdivision (d) is negative and
17the Superintendent apportions to a county superintendent of schools
18the amount computed pursuant to subdivision (d) pursuant to
19paragraph (1), (2), or (3) of this subdivision, an amount of property
20tax of the county superintendent of schools equal to the negative
21amount shall be deemed restricted and not available for expenditure
22during that fiscal year. In the following fiscal year the restricted
23amount shall be considered restricted local property tax revenue
24for purposes of subdivision (a) of Section 2578.
25(h) Commencing with the 2013-14 fiscal year, the
26Superintendent shall apportion to a county superintendent of
27schools an amount of state aid, including any amount apportioned
28pursuant to subdivisions (f) and (g), that is no less than the amount
29calculated in subparagraph (A) of paragraph (2) of
subdivision (a).
30(i) (1) For the 2013-14 and 2014-15 fiscal years only, a county
31superintendent of schools who, in the 2012-13 fiscal year, from
32any of the funding sources identified in paragraph (1) or (2) of
33subdivision (a), received funds on behalf of, or provided funds to,
34a regional occupational center or program joint powers agency
35established in accordance with Article 1 (commencing with Section
366500) of Chapter 5 of Division 7 of Title 1 of the Government
37Code for purposes of providing instruction to pupils enrolled in
38grades 9 to 12, inclusive, shall not redirect that funding for another
39purpose unless otherwise authorized by law or pursuant to an
40agreement between the regional occupational center or program
P29 1joint powers agency and the contracting county superintendent of
2schools.
3(2) For the 2013-14 and 2014-15 fiscal years only, if a regional
4
occupational center or program joint powers agency established
5in accordance with Article 1 (commencing with Section 6500) of
6Chapter 5 of Division 7 of Title 1 of the Government Code for
7purposes of providing instruction to pupils enrolled in grades 9 to
812, inclusive, received, in the 2012-13 fiscal year, an
9apportionment of funds directly from any of the funding sources
10identified in subparagraph (A) of paragraph (2) of subdivision (a),
11the Superintendent shall apportion that same amount to the regional
12occupational center or program joint powers agency.
13(j) For the 2013-14 and 2014-15 fiscal years only, a county
14superintendent of schools who, in the 2012-13 fiscal year, from
15any of the funding sources identified in paragraph (1) or (2) of
16subdivision (a), received funds on behalf of, or provided funds to,
17a home-to-school transportation joint powers agency established
18in accordance with Article 1 (commencing with Section 6500) of
19Chapter 5
of Division 7 of Title 1 of the Government Code for
20purposes of providing pupil transportation shall not redirect that
21funding for another purpose unless otherwise authorized by law
22or pursuant to an agreement between the home-to-school
23transportation joint powers agency and the contracting county
24superintendent of schools.
25(k) (1) In addition to subdivision (j), of the funds a county
26superintendent of schools receives for home-to-school
27transportation programs, the county superintendent of schools shall
28expend, pursuant tobegin insert formerend insert Article 2 (commencing with Section
2939820) of Chapter 1 of Part 23.5 of Division 3 of Title 2,begin insert formerend insert
30 Article 10 (commencing with Section 41850) of Chapter 5 of Part
3124 of Division 3
of Title 2, and the Small School District
32Transportation program, as set forth inbegin insert formerend insert Article 4.5
33(commencing with Section 42290) of Chapter 7 of Part 24 of
34Division 3 of Title 2,begin insert as those articles read on January 1, 2013,end insert
35 no less for those programs than the amount of funds the county
36superintendent of schools expended for home-to-school
37transportation in the 2012-13 fiscal year.
38(2) For the 2013-14 and 2014-15 fiscal years only, if a
39home-to-school transportation joint powers agency established in
40accordance with Article 1 (commencing with Section 6500) of
P30 1Chapter 5 of Division 7 of Title 1 of the Government Code for
2purposes of providing pupil transportation received, in the 2012-13
3fiscal year, an apportionment of funds
directly from the
4Superintendent from any of the funding sources identified in
5subparagraph (A) of paragraph (2) of subdivision (a), the
6Superintendent shall apportion that same amount to the
7home-to-school transportation joint powers agency.
8(3) For the 2013-14 and 2014-15 fiscal years only, of the funds
9a county superintendent of schools receives for purposes of regional
10occupational centers or programs, or adult education, the county
11superintendent of schools shall expend no less for each of those
12programs than the amount of funds the county superintendent of
13schools expended for purposes of regional occupational centers
14or programs, or adult education, respectively, in the 2012-13 fiscal
15year. For purposes of this paragraph, a county superintendent of
16schools may include expenditures made by a school district within
17the county for purposes of regional occupational centers or
18programs so long as the total amount of expenditures made by the
19
school districts and the county superintendent of schools equals
20or exceeds the total amount required to be expended for purposes
21of regional occupational centers or programs pursuant to this
22paragraph and paragraph (7) of subdivision (a) of Section 42238.03.
23(l) The funds apportioned pursuant to this section and Section
242574 shall be available to implement the activities required
25pursuant to Article 4.5 (commencing with Section 52060) of
26Chapter 6.1 of Part 28 of Division 4 of Title 2.
begin insertSection 8238 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
28read:end insert
As a condition of receipt of funds pursuant to Section
308238.4, a participating part-day preschool program shall coordinate
31the provision of all of the following:
32(a) Opportunities for parents and legal guardians to work with
33their children on interactive literacy activities. For purposes of this
34subdivision, “interactive literacy activities” means activities in
35which parents or legal guardians actively participate in facilitating
36the acquisition by their children of prereading skills through guided
37activities such as shared reading, learning the alphabet, and basic
38vocabulary development.
39(b) Parenting education for parents and legal guardians of
40children in participating classrooms to support the development
P31 1by their
children of literacy skills. Parenting education shall
2include, but not be limited to, instruction in all of the following:
3(1) Providing support for the educational growth and success
4of their children.
5(2) Improving parent-school communications and parental
6understanding of school structures and expectations.
7(3) Becoming active partners with teachers in the education of
8their children.
9(4) Improving parental knowledge of local resources for the
10identification of and services for developmental disabilities,
11including, but not limited to, contact information for school district
12special education referral.
13(c) Referrals, as necessary, to providers of instruction in adult
14education and English as a second language in order to improve
15the academic skills of parents and legal guardians of children in
16participating classrooms.
17(d) Staff development for teachers in participating classrooms
18that includes, but is not limited to, all of the following:
19(1) Development of a pedagogical knowledge, including, but
20not limited to, improved instructionalbegin insert and behavioralend insert strategies.
21(2) Knowledge and application of developmentally appropriate
22assessments of the prereading skills of children in participating
23classrooms.
24(3) Information on working with families, including the use of
25onsite coaching, for guided practice in interactive literacy activities.
26(4) Providing targeted interventions for all young children to
27improve kindergarten readiness upon program completion.
begin insertSection 8239 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
29read:end insert
begin insert (a)end insertbegin insert end insert The Superintendent shall encourage state preschool
31program applicants or contracting agencies to offer full-day
32services through a combination of part-day preschool slots and
33wraparound general child care and development programs. In order
34to facilitate abegin delete full-dayend deletebegin insert full dayend insert of services, all of the following shall
35apply:
36(a)
end delete
37begin insert(1)end insert Part-day preschool programs provided pursuant to this
38section shall operate between 175 and 180 days.
39(b)
end delete
P32 1begin insert(2)end insert Wraparound general child care and development programs
2provided pursuant to this section may operate a minimum of 246
3days per year unless the child development contract specified a
4lower minimum days of operation. Part-day general child care and
5development programs may operate abegin delete full-dayend deletebegin insert full dayend insert for the
6remainder of the year after the completion of the preschool
7program.
8(c)
end delete
9begin insert(3)end insert Part-day preschool services combined with wraparound child
10care services shall be reimbursed atbegin delete no more than the full-day begin insert a baseend insert rate
11standard reimbursementend deletebegin delete for general child care programs begin insert determinedend insert pursuant to Section 8265 and
12with adjustment factors,end delete
13begin delete as determinedend delete in the annual Budgetbegin delete Act.end deletebegin insert Act, using adjustment
14factors pursuant to Section 8265.5.end insert
15(d)
end delete
16begin insert(4)end insert Three- and four-year-old children are eligible for wraparound
17child care services to supplement the part-day California state
18preschool program if the family meets at least one of the criteria
19specified in paragraph (1) of subdivision (a) of Section 8263, and
20the parents meet at least one of the criteria specified in paragraph
21(2) of subdivision (a) of Section 8263.
22(e)
end delete
23begin insert(b)end insert For purposes of this section, “wraparound child care
24services” and “wraparound general child care and development
25programs” mean services provided for the remaining portion of
26the day or remainder of the year following the completion of
27part-day preschool services that are necessary to meet the child
28care needs of parents eligible pursuant to subdivision (a) of Section
298263. These services shall be provided consistent with the general
30child care and development programs provided pursuant to Article
318 (commencing with Section 8240).
begin insertSection 8263.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert
(a) For purposes of this chapter, “income eligible”
35means that a family’s adjusted monthly income is at or below 70
36percent of the state median income, adjusted for family size, and
37adjusted annually.
38(b) Notwithstanding any other law, for the 2011-12 fiscal year,
39the income eligibility limits that were in effect for the 2007-08
40fiscal year shall be reduced to 70 percent of the state median
P33 1income that was in use for the 2007-08 fiscal year, adjusted for
2family size, effective July 1, 2011.
3(c) Notwithstanding any other law, for thebegin delete 2012-13end deletebegin insert 2012-13,
42013-14, 2014-15, and 2015-16end insert fiscalbegin delete year,end deletebegin insert years,end insert the income
5eligibility limits shall be 70 percent of the state median income
6that was in use for the 2007-08 fiscal year, adjusted for family
7size.
8(d) Notwithstanding any other law, for the 2013-14 fiscal year,
9the income eligibility limits shall be 70 percent of the state median
10income that was in use for the 2007-08 fiscal year, adjusted for
11family size.
12(e) Notwithstanding any other law, for the 2014-15 fiscal year,
13the income eligibility limits shall be 70 percent of the state median
14income that was in use for the 2007-08 fiscal year, adjusted for
15family size.
16(f)
end delete
17begin insert(d)end insert The income of a recipient of federal supplemental security
18income benefits pursuant to Title XVI of the federal Social Security
19Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
20benefits pursuant to Title XVI of the federal Social Security Act
21and Chapter 3 (commencing with Section 12000) of Part 3 of
22Division 9 of the Welfare and Institutions Code shall not be
23included as income for purposes of determining eligibility for child
24care under this chapter.
begin insertSection 8265 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
26read:end insert
(a) The Superintendent shall implement a plan that
28establishes reasonable standards and assigned reimbursement rates,
29which vary with the length of the program year and the hours of
30service.
31(1) Parent fees shall be used to pay reasonable and necessary
32costs for providing additional services.
33(2) When establishing standards and assigned reimbursement
34rates, the Superintendent shall confer with applicant agencies.
35(3) The reimbursement system, including standards and rates,
36shall be submitted to the Joint Legislative Budget Committee.
37(4) The Superintendent may establish
any regulations he or she
38deems advisable concerning conditions of service and hours of
39enrollment for children in the programs.
P34 1(b) The standard reimbursement rate shall be nine thousand
2begin delete twenty-fourend deletebegin insert five hundred seventy-twoend insert dollars andbegin delete seventy-fiveend deletebegin insert fiftyend insert
3 centsbegin delete ($9,024.75)end deletebegin insert ($9,572.50)end insert per unit of average daily enrollment
4for a 250-daybegin insert year and, commencing with the 2016-17 fiscalend insert year,
5begin insert shall be increased by the cost-of-living adjustment granted by the
6Legislature annually pursuant to Section 42238.15. The full-day
7state preschool reimbursement rate shall be nine thousand six
8hundred thirty-two dollarsend insert andbegin insert fifty cents ($9,632.50) per unit of
9average daily enrollment for a 250-day year and,end insert commencing
10with thebegin delete 2015-16end deletebegin insert 2016-17end insert fiscal year, shall be increased by the
11cost-of-living adjustment granted by the Legislature annually
12pursuant to Section 42238.15.
13(c) The plan shall require agencies having an assigned
14reimbursement rate above the current year standard reimbursement
15rate to reduce costs on an incremental basis to achieve the standard
16reimbursement rate.
17(d) begin insert (1)end insertbegin insert end insert The plan shall provide for adjusting reimbursement on
18a case-by-case basis, in order to maintain service levels for agencies
19
currently at a rate less than the standard reimbursement rate.
20Assigned reimbursement rates shall be increased only on the basis
21of one or more of the following:
22(1)
end delete23begin insert(A)end insert Loss of program resources from other sources.
24(2)
end delete
25begin insert(B)end insert Need of an agency to pay the same child care rates as those
26prevailing in the local community.
27(3)
end delete
28begin insert(C)end insert Increased costs directly attributable to new or different
29regulations.
30(4)
end delete
31begin insert(D)end insert Documented increased costs necessary to maintain the prior
32year’s level of service and ensure the continuation of threatened
33programs.
34begin insert(2)end insertbegin insert end insert Child care agencies funded at the lowest rates shall be given
35first priority for increases.
36(e) The plan shall provide for expansion of child development
37programs at no more than the standard reimbursement rate for that
38
fiscal year.
39(f) The Superintendent may reduce the percentage of reduction
40for a public agency that satisfies any of the following:
P35 1(1) Serves more than 400 children.
2(2) Has in effect a collective bargaining agreement.
3(3) Has other extenuating circumstances that apply, as
4determined by the Superintendent.
begin insertSection 8265.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
6read:end insert
(a) In order to reflect the additional expense of serving
8children who meet any of the criteria outlined in paragraphs (1)
9to (7), inclusive, of subdivision (b) the provider agency’s reported
10child days of enrollment for these children shall be multiplied by
11the adjustment factors listed below.
12(b) The adjustment factors shall apply tobegin insert a full-day state
13preschool program andend insert those programs for which assigned
14reimbursement rates are at or below the standard reimbursement
15rate. In addition, the adjustment factors shall apply to those
16programs for which assigned reimbursement rates are above the
17standard reimbursement
rate, but the reimbursement rate, as
18adjusted, shall not exceed the adjusted standard reimbursement
19rate.begin insert The adjustment factors shall apply to those full-day state
20preschool programs for which assigned reimbursement rates are
21above the full-day state preschool reimbursement rate, but the
22reimbursement rate, as adjusted, shall not exceed the adjusted
23full-day state preschool reimbursement rate.end insert
24(1) For infants who are 0 to 18 months of age and are served in
25a child day care center, the adjustment factor shall be 1.7.
26(2) For toddlers who are 18 to 36 months of age and are served
27in a child day care center, the adjustment factor shall be 1.4.
28(3) For infants and toddlers who are 0 to 36 months of age and
29are
served in a family child care home, the adjustment factor shall
30be 1.4.
31(4) For children with exceptional needs who are 0 to 21 years
32of age, the adjustment factor shall be 1.2.
33(5) For severely disabled children who are 0 to 21 years of age,
34the adjustment factor shall be 1.5.
35(6) For a child at risk of neglect, abuse, or exploitation who are
360 to 14 years of age, the adjustment factor shall be 1.1.
37(7) For limited-English-speaking and non-English-speaking
38children who are 2 years of age through kindergarten age, the
39adjustment factor shall be 1.1.
P36 1(c) Use of the adjustment factors shall not increase the provider
2agency’s total annual allocation.
3(d) Days of enrollment for children having more than one of
4the criteria outlined in paragraphs (1) to (7), inclusive, of
5subdivision (b) shall not be reported under more than one of the
6above categories.
7(e) The difference between the reimbursement resulting from
8the use of the adjustment factors outlined in paragraphs (1) to (7),
9inclusive, of subdivision (b) and the reimbursement that would
10otherwise be received by a provider in the absence of the
11adjustment factors shall be used for special and appropriate services
12for each child for whom an adjustment factor is claimed.
begin insertSection 8335 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert
The City and County of San Franciscobegin delete may, as a pilot begin insert mayend insert develop and implement an individualized county child
16project,end delete
17care subsidy plan. The plan shall ensure that child care subsidies
18received by the city and county are used to address local needs,
19conditions, and priorities of working families in the community.
begin insertSection 8335.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert
Before implementing the local subsidy plan, the City
23and County of San Francisco, in consultation with the department,
24shall develop an individualized county child care subsidy plan for
25the city and county that includes the following four elements:
26(a) An assessment to identify the city and county’s goal for its
27subsidized child care system. The assessment shall examine
28whether the current structure of subsidized child care funding
29adequately supports working families in the city and county and
30whether the city and county’s child care goals coincide with the
31state’s requirements for funding, eligibility, priority, and
32reimbursement. The assessment shall also identify barriers in the
33state’s child care subsidy system that inhibit the city and county
34from meeting its child care goals.
In conducting the assessment,
35the city and county shall consider all of the following:
36(1) The general demographics of families who are in need of
37child care, including employment, income, language, ethnic, and
38family composition.
39(2) The current supply of available subsidized child care.
P37 1(3) The level of need for various types of subsidized child care
2services including, but not limited to, infant care, after-hours care,
3and care for children with exceptional needs.
4(4) The city and county’s self-sufficiency income level.
5(5) Income eligibility levels for subsidized child care.
6(6) Family fees.
7(7) The cost of providing child care.
8(8) The regional market rates, as established by the department,
9for different types of child care.
10(9) The standard reimbursement rate or state per diem for centers
11operating under contracts with the department.
12(10) Trends in the county’s unemployment rate and housing
13affordability index.
14(b) Development of a local policy to eliminate state-imposed
15regulatory barriers to the city and county’s achievement of its
16desired outcomes for subsidized child care.
17(1) The local policy shall do all of the following:
18(A) Prioritize lowest income families first.
19(B) Follow the family fee schedule established pursuant to
20begin delete subdivision (f) ofend delete Sectionbegin delete 8263end deletebegin insert 8273end insert for those families that are
21income eligible, as defined by Section 8263.1.
22(C) Meet local goals that are consistent with the state’s child
23care goals.
24(D) Identify existing policies that would be affected by the city
25and county’s child care subsidy plan.
26(E) (i) Authorize any agency that provides child care and
27development services in the city and county through a contract
28with the department to apply to the department to amend existing
29contracts in order to benefit from the local policy once it is adopted.
30(ii) The department shall approve an application to
amend an
31existing contract if the child care subsidy plan is approved pursuant
32to subdivision (b) of Section 8335.3, or modified pursuant to
33subdivision (c) of Section 8335.3.
34(iii) The contract of a department contractor who does not elect
35to request an amendment to its contract remains operative and
36enforceable.
37(2) (A) The city and county shall, by the end of the first fiscal
38year of operation under the approved child care subsidy plan,
39demonstrate an increase in the aggregate child days of enrollment
P38 1in the county as compared to the enrollment in the final quarter of
2the 2004-05 fiscal year.
3(B) The amount of the increase shall be at least equal to the
4aggregate child days of enrollment in the final quarter of the
52004-05 fiscal year for all contracts amended as provided in
6subparagraph (E)
of paragraph (1), under which the contractor
7receives an increase in its reimbursement rate, times 2 percent.
8(C) The amount of the increase shall also be proportional to the
9total contract maximum reimbursable amount to reflect the changes
10in the budget allocation for each fiscal year of thebegin delete pilot project.end delete
11begin insert plan.end insert
12(3) The local policy may supersede state law concerning child
13care subsidy programs with regard only to the following factors:
14(A) Eligibility criteria including, but not limited to, age, family
15size, time limits, income level, inclusion of former and current
16CalWORKs participants, and special needs considerations, except
17that the local policy may not deny or reduce eligibility of a family
18that qualifies for child care pursuant to Section 8353. Under the
19local policy, a family that qualifies for child care pursuant to
20Section 8354 shall be treated for purposes of eligibility and fees
21in the same manner as a family that qualifies for subsidized child
22care on another basis pursuant to the local
policy.
23(B) Fees including, but not limited to, family fees, sliding scale
24fees, and copayments for those families that are not income eligible,
25as defined by Section 8263.1.
26(C) Reimbursement rates.
27(D) Methods of maximizing the efficient use of subsidy funds,
28including, but not limited to, multiyear contracting with the
29department for center-based child care, and interagency agreements
30that allow for flexible and temporary transfer of funds among
31agencies.
32(c) Recognition that all funding sources utilized by direct service
33contractors that provide child care and development services in
34the city and county are eligible to be included in the child care
35subsidy plan of the city and county.
36(d) Establishment of measurable outcomes to evaluate the
37success of the plan to achieve the city and county’s child care goals
38and to overcome any barriers identified in the state’s child care
39subsidy system. The State Department of Social Services shall
40have an opportunity to review and comment on the proposed
P39 1measurable outcomes before they are submitted to the local child
2care planning council for approval pursuant to Section 8335.3.
begin insertSection 8335.2 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert
To ensure that the annualbegin delete and final reportsend deletebegin insert reportend insert
6 required pursuant to Section 8335.4begin delete provideend deletebegin insert providesend insert useful
7comparative information, the Legislative Analyst and the Senate
8Office of Research shall review the evaluation design, the baseline
9data, and the data collection proposed in the child care subsidy
10plan of the City and County of San Francisco before the plan is
11submitted to the local planning council as defined in subdivision
12(g) of Section 8499, for approval pursuant to Section 8335.3.
begin insertSection 8335.4 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert
(a) Upon approval of the plan by the Child
16Development Division of the department, the City and County of
17San Francisco shall annually prepare and submit to the Legislature,
18the State Department of Social Services, and the department a
19report that summarizes the success of thebegin delete pilot projectend deletebegin insert planend insert and
20the city and county’s ability to maximize the use of funds and to
21improve and stabilize child care in the city and county.
22(b) The City and County of San Francisco shall submit a report
23to the Legislature, the State Department of Social Services, and
24the department on or before December 31, 2014. The report shall
25summarize the impact of the plan on the child care needs of
26working families in the city and county, evaluate the pilot project’s
27operation between the 2011-12 and 2013-14 fiscal years, and
28provide a recommendation as to whether the pilot project should
29continue as a permanent program.
begin insertSection 8335.5 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert
The City and County of San Francisco may implement
32an individualized county child care subsidy plan as a pilot project
33pursuant to this article until July 1, 2016, at which date the city
34and county shall terminate the plan. From July 1, 2016, to July 1,
352018, inclusive, the city and county shall phase out the
36individualized county child care subsidy plan and, beginning July
371, 2018, shall implement the state’s requirements for child care
38subsidies. A child enrolling for the first time for subsidized child
39care in the city and county on and after July 1, 2016, shall not be
40enrolled in the pilot project established pursuant to this article, and
P40 1is subject to existing state laws and regulations regarding child
2care eligibility and priority.
begin insertSection 8335.7 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert
This article shall become inoperative on July 1, 2018,
5and as of January 1, 2019, is repealed, unless a later enacted statute,
6that is enacted before January 1, 2019, deletes or extends the dates
7on which it becomes inoperative and is repealed.
begin insertSection 8357 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
9read:end insert
(a) The cost of child care services provided under this
11article shall be governed by regional market rates. Recipients of
12child care services provided pursuant to this article shall be allowed
13to choose the child care services of licensed child care providers
14or child care providers who are, by law, not required to be licensed,
15and the cost of that child care shall be reimbursed by counties or
16agencies that contract with thebegin delete State Department of Educationend delete
17begin insert departmentend insert if the cost is within the regional market rate. For
18purposes of this section, “regional market rate” means care costing
19no more than 1.5 market standard deviations above the mean cost
20of care for that region.begin delete The regional market rate ceilings shall be begin insert Until Octoberend insert 1,
21established at the 85th percentile of the 2005 regional market rate
22survey for that region. Commencing Januaryend delete
232015, the regional market rate ceilings shall be established at the
24greater of either the 85th percentile of the 2009 regional market
25rate survey for that region, reduced by 10.11 percent, or the 85th
26percentile of the 2005 regional market rate survey for that region.
27begin insert Commencing October 1, 2015, the regional market rate ceilings
28shall be established at 104.5 percent of the greater of either of the
29following:end insert
30(1) The 85th
percentile of the 2009 regional market rate survey
31for that region, reduced by 10.11 percent.
32(2) The 85th percentile of the 2005 regional market rate survey
33for that region.
34(b) begin delete Reimbursementend deletebegin insert Until October 1, 2015, the reimbursementend insert
35 to license-exempt child care providers shall not exceed 60 percent
36of the family child care home rate established pursuant to
37subdivision (a), effective July 1, 2011.begin insert Commencing October 1,
382015, reimbursement to license-exempt child care providers shall
39not exceed 65 percent of the family child care home rate
40established pursuant to subdivision (a).end insert
P41 1(c) Reimbursement to child care providers shall not exceed the
2fee charged to private clients for the same service.
3(d) Reimbursement shall not be made for child care services
4when care is provided by parents, legal
guardians, or members of
5the assistance unit.
6(e) A child care provider located on an Indian reservation or
7rancheria and exempted from state licensing requirements shall
8meet applicable tribal standards.
9(f) For purposes of this section, “reimbursement” means a direct
10payment to the provider of child care services, including
11license-exempt providers. If care is provided in the home of the
12recipient, payment may be made to the parent as the employer,
13and the parent shall be informed of his or her concomitant legal
14and financial reporting requirements. To allow time for the
15development of the administrative systems necessary to issue direct
16payments to providers, for a period not to exceed six months from
17the effective date of this article, a county or an alternative payment
18agency contracting with thebegin delete State Department of Educationend delete
19begin insert departmentend insert may reimburse the cost of child care services through
20a direct payment to a recipient of aid rather than to the child care
21provider.
22(g) Counties and alternative payment programs shall not be
23bound by the rate limits described in subdivision (a) when there
24are, in the region, no more than two child care providers of the
25type needed by the recipient of child care services provided under
26this article.
27(h) begin insert (1)end insertbegin insert end insert Notwithstanding any other law,
reimbursements to
28child care providers based upon a daily rate may only be authorized
29under either of the following circumstances:
30(1)
end delete
31begin insert(A)end insert A family has an unscheduled but documented need of six
32hours or more per occurrence, such as the parent’s need to work
33on a regularly scheduled day off, that exceeds the certified need
34for child care.
35(2)
end delete
36begin insert(B)end insert A family has a documented need of six hours or more per
37day that exceeds no more than 14 days per month. In no event shall
38reimbursements to a provider based on the daily rate over one
39month’s time exceed the provider’s equivalent full-time monthly
40rate or applicable monthly ceiling.
P42 1(3)
end delete
2begin insert(2)end insert This subdivision shall not limit providers from being
3reimbursed for services using a weekly or monthly rate, pursuant
4to subdivision (c) of Section 8222.
begin insertSection 8447 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
6read:end insert
(a) The Legislature hereby finds and declares that greater
8efficiencies may be achieved in the execution of state subsidized
9child care and development program contracts with public and
10private agencies by the timely approval of contract provisions by
11the Department of Finance, the Department of General Services,
12and thebegin delete State Department of Educationend deletebegin insert departmentend insert and by
13authorizing thebegin delete State Department of Educationend deletebegin insert departmentend insert to
14establish a multiyear application, contract expenditure, and service
15review as may be necessary to provide timely service while
16preserving audit and oversight functions to protect the public
17welfare.
18(b) (1) The Department of Finance and the Department of
19General Services shall approve or disapprove annual contract
20funding terms and conditions, including both family fee schedules
21and regional market rate schedules that are required to be adhered
22to by contract, and contract face sheets submitted by thebegin delete State begin insert departmentend insert not more than 30 working
23Department of Educationend delete
24days from the date of submission, unless unresolved conflicts
25remain between the Department of Finance, thebegin delete State Department begin insert department,end insert and the Department of General Services.
26of Education,end delete
27Thebegin delete State Department of Educationend deletebegin insert departmentend insert shall resolve
28conflicts within an additional 30 working day time period.
29Contracts and funding terms and conditions shall be issued to child
30care contractors no later than June 1. Applications for new child
31care funding shall be issued not more than 45 working days after
32the effective date of authorized new allocations of child care
33moneys.
34(2) Notwithstanding paragraph (1), until January 1, 2015, the
35State Department of Education shall implement the regional market
36rate schedules based upon the county aggregates, as determined
37by the Regional Market survey conducted in 2005. Commencing
38January 1, 2015, thebegin delete State Department of Educationend deletebegin insert departmentend insert
39 shall implement the regional market rate schedules based upon the
4085th percentile of county aggregates, as determined by the Regional
P43 1Market survey conducted in 2009. Commencing January 1, 2015,
2the regional market rate schedule developed pursuant to this
3paragraph shall be reduced by 10.11 percent. If a ceiling for a
4county is less than the ceiling provided for that county before
5January 1, 2015, thebegin delete State Department of Educationend deletebegin insert departmentend insert
6 shall use the ceiling from the Regional Market survey conducted
7in 2005.begin insert Commencing October 1, 2015, the regional market rate
8ceilings for all counties shall be increased by 4.5 percent.end insert
9(3) It is the intent of the Legislature to fully fund the third stage
10of child care for former CalWORKs recipients.
11(c) With respect to subdivision (b), it is the intent of the
12Legislature that the Department of Finance annually review
13contract funding terms and conditions for the primary purpose of
14ensuring consistency between child care contracts and the child
15care budget. This review
shall include evaluating any proposed
16changes to contract language or other fiscal documents to which
17the contractor is required to adhere, including those changes to
18terms or conditions that authorize higher reimbursement rates,
19modify related adjustment factors, modify administrative or other
20service allowances, or diminish fee revenues otherwise available
21for services, to determine if the change is necessary or has the
22potential effect of reducing the number of full-time equivalent
23children that may be served.
24(d) Alternative payment child care systems, as set forth in Article
253 (commencing with Section 8220), shall be subject to the rates
26established in the Regional Market Rate Survey of California Child
27Care Providers for provider payments. Thebegin delete State Department of begin insert departmentend insert shall contract to conduct and complete a
28Educationend delete
29Regional Market Rate Survey no more frequently than once every
30two years, consistent with federal regulations, with a goal of
31completion by March 1.
32(e) By March 1 of each year, the Department of Finance shall
33provide to thebegin delete State Department of Educationend deletebegin insert departmentend insert the state
34median income amount for a four-person household in California
35based on the best available data. Thebegin delete State Department of begin insert departmentend insert shall adjust its fee schedule for child care
36Educationend delete
37providers to reflect this updated state median income; however,
38no changes based on revisions to the state median income amount
39shall be implemented midyear.
P44 1(f) Notwithstanding the June 1 date specified in subdivision (b),
2changes to the regional market rate schedules and fee schedules
3may be made at any other time to reflect the availability of accurate
4data necessary for their completion, provided these documents
5receive the approval of the Department of Finance. The Department
6of Finance shall review the changes within 30 working days of
7submission and thebegin delete State Department of Educationend deletebegin insert departmentend insert
8 shall resolve conflicts within an additional 30 working day period.
9Contractors shall be given adequate notice before the effective
10date of the approved schedules. It is the intent of the Legislature
11that contracts for services not be delayed by the timing of the
12availability of accurate data needed to update these schedules.
begin insertSection 10554 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert
(a) In order for the governing board to carry out its
16responsibilities pursuant to this chapter, there is hereby established
17the Educational Telecommunication Fund. Thebegin delete amount of moneys Controller shall establish an account
18to be deposited in the fund shall be the amount of any offset made
19to the principal apportionments made pursuant to Sections 1909,
202558, 42238, 52616, Article 1.5 (commencing with Section 52335)
21of Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section
2256836) of Part 30, based on a finding that these apportionments
23were not in accordance with law. The maximum amount that may
24be annually deposited in the fund from the offset is fifteen million
25dollars ($15,000,000). Theend delete
26to receive and expend moneys in the fund.begin delete The placement of the
27moneys in the fund shall occur only upon a finding by the
28Superintendent of Public Instruction and the Director of Finance
29that the principal apportionments made pursuant to Sections 1909,
302558, 42238, 52616, and Article 1.5 (commencing with Section
3152335) of Chapter 9 of Part 28, and Chapter 7.2 (commencing
32with Section 56836) of Part 30 were not in accordance with existing
33law and were so identified pursuant to Sections 1624, 14506,
3441020, 41020.2, 41320, 42127.2, and 42127.3, or an independent
35audit that was approved by the department.end delete
36(b) Moneys in the fund established pursuant to subdivision (a)
37shall only be available for expenditure upon appropriation by the
38Legislature in thebegin insert annualend insert Budget Act.
39(c) begin delete The moneysend deletebegin insert Moneysend insert in the fund established pursuant to
40subdivision (a) may be expended by the governing board to carry
P45 1out the purposes of this chapter,begin delete includingend deletebegin insert including, but not limited
2to,end insert for the following purposes:
3(1) To support the activities of the team established pursuant to
4subdivision (c) of Section 10551.
5(2) To assist the school districts and county superintendents of
6schools in purchasing both hardware and software to allow school
7districts, county superintendents of schools, and the department
8to be linked for school business and administrative purposes. The
9governing board shall establish a matching share requirement that
10applicant school districts and county superintendents of schools
11must fulfill to receive those funds. It is the intent of the Legislature
12to encourage the distribution of grants to school districts and county
13superintendents of
schools to the widest extent possible.
14(3) To provide technical assistance through county offices of
15education to school districts in implementing the standards
16established pursuant to subdivision (a) of Section 10552.
begin insertSection 17070.75 of the end insertbegin insertEducation Codeend insertbegin insert is amended
18to read:end insert
(a) The board shall require the school district to
20make all necessary repairs, renewals, and replacements to ensure
21that a project is at all times maintained in good repair, working
22order, and condition. All costs incurred for this purpose shall be
23borne by the school district.
24(b) In order to ensure compliance with subdivision (a) and to
25encourage school districts to maintain all buildings under their
26control, the board shall require an applicant school district to do
27all of the followingbegin delete prior toend deletebegin insert beforeend insert the approval of a project:
28(1) Establish a restricted account within the general fund of the
29school district for the exclusive purpose of providing moneys for
30ongoing and major maintenance of school buildings, according
31the highest priority to funding for the purposes set forth in
32subdivision (a).begin insert Funds in the account may be used for drought
33mitigation purposes related to the implementation of Executive
34Order B-29-15.end insert
35(2) (A) Agree to deposit into the account established pursuant
36to paragraph (1), in each fiscal year for 20 years after receipt of
37funds under this chapter, a
minimum amount equal to or greater
38than 3 percent of the total general fund expenditures of the
39applicant school district, including other financing uses, for that
40fiscal year.begin delete Annual deposits to the account established pursuant to
P46 1paragraph (1) in excess of 2end deletebegin delete end deletebegin delete1⁄2end deletebegin delete end deletebegin delete percent of the school district
2general fund budget may count towards the amount of funds
3required to be contributed by a school district in order to receive
4apportionments from the State School Deferred Maintenance Fund
5pursuant to Section 17584 to the extent that those funds are used
6for purposes that qualify for funding under that section.end delete
7(B) Notwithstanding subparagraph (A), for thebegin delete 2004-05end deletebegin insert 2015-16
8and 2016-17end insert fiscalbegin delete year only, an applicant school district shall begin insert years, the minimum amount required to be depositedend insert into
9depositend delete
10the account established pursuant to paragraphbegin delete (1), no less than 2 begin insert (1) shall beend insert the
11percent ofend deletebegin delete total general fund expendituresend deletebegin insert lesserend insert
12 of thebegin delete school district, including other financing uses, for the fiscal begin insert following
13year. The annual deposit to the account in excess of 1end delete
14amounts:end insertbegin delete end deletebegin delete1⁄2end deletebegin delete end deletebegin delete percent of the school district general fund budget for
15the 2004-05 fiscal year may count towards the amount that a school
16district is required to contribute in order to receive apportionments
17from the State School Deferred Maintenance Fund pursuant to
18Section 17584 to the extent that those funds are used for purposes
19that qualify for funding under that section.end delete
20(i) Three percent of the total general fund expenditures for that
21fiscal year.
22(ii) The amount that the school district deposited into the
23account in the 2014-15 fiscal year.
24(C) Notwithstanding subparagraph (A), for the 2017-18 to
252019-20 fiscal years, inclusive, the minimum amount required to
26be deposited into the account established pursuant to paragraph
27(1) shall be the greater of the following amounts:
28(i) The lesser of 3 percent of the general fund expenditures for
29that fiscal year or the amount that the school district deposited
30into the account in the 2014-15 fiscal year.
31(ii) Two percent of the total general fund expenditures of the
32applicant school district for that fiscal year.
33(C)
end delete
34begin insert(D)end insert A school district contribution to the account may be
35provided in lieu of meeting the ongoing maintenance requirements
36pursuant to Section 17014 to the extent the funds are used for
37purposes established in that section. A school district that serves
38as the administrative unit for a special education local plan area
39may elect to exclude from its total general fund expenditures, for
40purposes of this paragraph, the distribution of revenues that are
P47 1passed through to participating members of the special education
2local plan area.
3(D)
end delete4begin insert(E)end insert This paragraph applies only to the following school districts:
5(i) High school districts with an average daily attendance greater
6than 300 pupils.
7(ii) Elementary school districts with an average daily attendance
8greater than 900 pupils.
9(iii) Unified school districts with an average daily attendance
10greater than 1,200 pupils.
11(F) It is the intent of the
Legislature that a school district shall
12be required to comply with the requirements of subparagraph (A)
13in the year in which the local control funding formula is fully
14implemented.
15(3) Certify that it has publicly approved an ongoing and major
16maintenance plan that outlines the use of the funds deposited, or
17to be deposited, pursuant to paragraph (2). The plan may provide
18that the school district need not expend all of its annual allocation
19for ongoing and major maintenance in the year in which it is
20deposited if the cost of major maintenance requires that the
21allocation be carried over into another fiscal year. However, any
22state funds carried over into a subsequent year may not be counted
23toward the annual minimum contribution by the school district.begin delete A
24plan developed in compliance with this section shall be deemed
25to meet the requirements of Section 17585.end delete
26(c) A school district to which paragraph (2) of subdivision (b)
27does not apply shall certify to the board that it can reasonably
28maintain its facilities with a lesser level of maintenance.
29(d) For purposes of calculating a county office of education
30requirement pursuant to this section, thebegin delete 3 percentend deletebegin insert applicableend insert
31 maintenance requirementbegin insert specified in paragraph (2) of subdivision
32(b)end insert shall be based upon the county office of education general fund
33less any restricted accounts.
34(e) (1) This subdivision shall only apply to a school district
35that received funds pursuant to this chapter equal to or greater
36than 10 percent of the State School Facilities Funds of 1998, 2002,
372004, and 2006.
38(2) Notwithstanding subparagraphs (B) and (C) of paragraph
39(2) of subdivision (b), a school district shall comply with the
40requirements of subparagraph (A) of paragraph (2) of subdivision
P48 1(b) if the amount available in any fiscal year for the public school
2system pursuant to Section 8 of Article XVI of the California
3Constitution is equal to or greater than the amount available in
4the prior fiscal year, unless a school district has locally negotiated
5an alternative minimum annual deposit percentage in a collective
6bargaining agreement with the representatives of the school
7district’s skilled crafts employees.
8(3) Under no circumstances shall a school district deposit less
9than the amounts required in subparagraphs (B) and (C) of
10paragraph (2) of subdivision (b).
11(4) This subdivision shall be operative from July 1, 2015, until
12June 30, 2020.
13(e)
end delete
14begin insert(f)end insert As a condition of participation in the school facilities program
15or the receipt of funds pursuant to Section 17582, for a fiscal year
16after the 2004-05 fiscal year, a school district shall establish a
17facilities inspection system to ensure that each of its schools is
18maintained in good repair.
19(f)
end delete
20begin insert(g)end insert For purposes of this section, “good repair” has the same
21meaning as specified in subdivision (d) of Section 17002.
begin insertSection 41202 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
23read:end insert
The words and phrases set forth in subdivision (b) of
25Section 8 of Article XVI of the Constitution of the State of
26California shall have the following meanings:
27(a) “Moneys to be applied by the State,” as used in subdivision
28(b) of Section 8 of Article XVI of the California Constitution,
29means appropriations from the General Fund that are made for
30allocation to school districts, as defined, or community college
31districts. An appropriation that is withheld, impounded, or made
32without provisions for its allocation to school districts or
33community collegebegin delete districts,end deletebegin insert districtsend insert shall not be considered to
34be “moneys to be applied by the State.”
35(b) “General Fund revenues which may be appropriated pursuant
36to Article XIII B,” as used in paragraph (1) of subdivision (b) of
37Section 8 of Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert means
38General Fund revenues that are the proceeds of taxes as defined
39by subdivision (c) of Section 8 of Article XIII B of the California
40Constitution, including, for the 1986-87 fiscal year only, any
P49 1revenues that are determined to be in excess of the appropriations
2limit established pursuant to Article XIII Bbegin insert of the California
3Constitutionend insert for the fiscal year in which they are received. General
4Fund revenues for a fiscal year to which paragraph (1) of
5subdivision (b)begin insert of Section 8 of Article XVI of the California
6Constitutionend insert is being applied shall
include, in that computation,
7only General Fund revenues for that fiscal year that are the
8proceeds of taxes, as defined in subdivision (c) of Section 8 of
9Article XIII B of the California Constitution, and shall not include
10prior fiscal year revenues. Commencing with the 1995-96 fiscal
11year, and each fiscal year thereafter, “General Fund revenues that
12are the proceeds of taxes,” as defined in subdivision (c) of Section
138 of Article XIII B of the California Constitution, includes any
14portion of the proceeds of taxes received from the state sales tax
15that are transferred to the counties pursuant to, and only if,
16legislation is enacted during the 1995-96 fiscal year the purpose
17of which is to realign children’s programs. The amount of the
18proceeds of taxes shall be computed for any fiscal year in a manner
19consistent with the manner in which the amount of the proceeds
20of taxes was computed by the Department of Finance for purposes
21of the Governor’s Budget for the
Budget Act ofbegin delete 1986.end deletebegin insert 1986
22(Chapter 186 of the Statutes of 1986).end insert
23(c) “General Fund revenues appropriated for school districts,”
24as used in paragraph (1) of subdivision (b) of Section 8 of Article
25XVI of the California Constitution, means the sum of
26appropriations made that are for allocation to school districts, as
27defined in Section 41302.5, regardless of whether those
28appropriations were made from the General Fund to the
29Superintendent, to the Controller, or to any other fund or state
30agency for the purpose of allocation to school districts. The full
31amount of any appropriation shall be included in the calculation
32of the percentage required by paragraph (1) of subdivision (b) of
33Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert without regard to
34any unexpended balance of any appropriation. Any reappropriation
35of funds appropriated in any prior year shall not be included in the
36sum of appropriations.
37(d) “General Fund revenues appropriated for community college
38districts,” as used in paragraph (1) of subdivision (b) of Section 8
39of Article XVI of the California Constitution, means the sum of
40appropriations made that are for allocation to community college
P50 1districts, regardless of whether those appropriations were made
2from the General Fund to the Controller, to the Chancellor of the
3California Community Colleges, or to any other fund or state
4agency for the purpose of allocation to community college districts.
5The full amount of any appropriation shall be included in
the
6calculation of the percentage required by paragraph (1) of
7subdivision (b) of Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert
8 without regard to any unexpended balance of any appropriation.
9Any reappropriation of funds appropriated in any prior year shall
10not be included in the sum of appropriations.
11(e) “Total allocations to school districts and community college
12districts from General Fund proceeds of taxes appropriated pursuant
13to Article XIII B,” as used in paragraph (2) or (3) of subdivision
14(b) of Section 8 of Article XVI of the California Constitution,
15means the sum of appropriations made that are for allocation to
16school districts, as defined in Section 41302.5, and community
17college districts, regardless of whether those appropriations were
18 made from the General Fund to the Controller, to the
19Superintendent, to the Chancellor of the
California Community
20Colleges, or to any other fund or state agency for the purpose of
21allocation to school districts and community college districts. The
22full amount of any appropriation shall be included in the calculation
23of the percentage required by paragraph (2) or (3) of subdivision
24(b) of Section 8 of Articlebegin delete XVI,end deletebegin insert XVI of the California Constitution,end insert
25 without regard to any unexpended balance of any appropriation.
26Any reappropriation of funds appropriated in any prior year shall
27not be included in the sum of appropriations.
28(f) “General Fund revenues appropriated for school districts
29and community college districts, respectively” and “moneys to be
30applied by the state for the support of school districts and
31community college districts,” as used in Section 8 of Article XVI
32of the California Constitution, shall include funds appropriated for
33part-day California state preschool programs under Article 7
34(commencing with Section 8235) of Chapter 2 of Part 6 of Division
351 of Title 1,begin insert funds appropriated to local
educational agencies, as
36defined in subdivision (ak) of Section 8208, to create a full day of
37care for children participating in the California state preschool
38program,end insert andbegin insert funds appropriated forend insert the After School Education
39and Safety Program established pursuant to Article 22.5
P51 1(commencing with Section 8482) of Chapter 2 of Part 6 of Division
21 of Title 1, and shall not include any of the following:
3(1) Any appropriation that is not made for allocation to a school
4district, as defined in Section 41302.5, or to a community college
5district, regardless of whether the appropriation is made for any
6purpose that may be considered to be for the benefit to a school
7district, as defined in Section 41302.5, or a community college
8district. This paragraph shall not be construed to exclude any
9funding appropriated for
part-day California state preschool
10programs under Article 7 (commencing with Section 8235) of
11Chapter 2 of Part 6 of Division 1 of Titlebegin delete 1end deletebegin insert 1, to create a full day
12of care for children participating in the California state preschool
13program,end insert orbegin insert forend insert the After School Education and Safety Program
14established pursuant to Article 22.5 (commencing with Section
158482) of Chapter 2 of Part 6 of Division 1 of Title 1.
16(2) Any appropriation made to the Teachers’ Retirement Fund
17or to the Public Employees’ Retirement Fund except those
18appropriations for reimbursable state mandates imposed on or
19before January 1, 1988.
20(3) Any appropriation made to service any public debt approved
21by the voters of this state.
22(4) With the exception of the programs identified in paragraph
23(1), commencing with the 2011-12 fiscal year, any funds
24appropriated for the Child Care and Development Services Act,
25pursuant to Chapter 2 (commencing with Section 8200) of Part 6
26of Division 1 of Title 1.
27(g) “Allocated local proceeds of taxes,” as used in paragraph
28(2) or (3) of subdivision (b) of Section 8 of Article XVI of the
29California Constitution, means, for school districts as defined,
30those local revenues, except revenues identified pursuant to
31paragraph (5) of subdivisionbegin delete (h)end deletebegin insert (j)end insert of Sectionbegin delete 42238,end deletebegin insert 42238.02,end insert
32 that are used to offset state aid for school districts in calculations
33performed pursuant to Sectionsbegin delete 2558, 42238,end deletebegin insert 2558end insert andbegin insert 42238 andend insert
34 Chapter 7.2 (commencing with Section 56836) of Part 30.
35(h) “Allocated local proceeds of taxes,” as used in paragraph
36(2) or (3) of subdivision (b) of Section 8 of Article XVI of the
37California Constitution, means, for community college districts,
38those local revenues that are used to offset state aid for community
39collegebegin delete districts in calculations performed pursuant to Section begin insert districts.end insert In no event shall the revenues or receipts derived
P52 184700.end delete
2from student fees be considered “allocated local proceeds of taxes.”
3(i) For purposes of calculating the 4-percent entitlement pursuant
4to subdivision (a) of Section 8.5 of Article XVI of the California
5Constitution, “the total amount required pursuant to Section 8(b)”
6shall mean the General Fund aid required for schools pursuant to
7subdivision (b) of Section 8 of Article XVI of the California
8Constitution, and shall not include allocated local proceeds of
9taxes.
10(j) This section shall become inoperative on December 15, 2012,
11and, as of January 1, 2013, is repealed, only if the Schools and
12Local
Public Safety Protection Act of 2012 (Attorney General
13reference number 12-0009) is not approved by the voters at the
14November 6, 2012, statewide general election, or if the provisions
15of that act that modify personal income tax rates do not become
16operative due to a conflict with another initiative measure that is
17approved at the same election and receives a greater number of
18affirmative votes.
begin insertSection 41203.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended
20to read:end insert
(a) For the 1990-91 fiscal year and each fiscal year
22thereafter, allocations calculated pursuant to Section 41203 shall
23be distributed in accordance with calculations provided in this
24section. Notwithstanding Section 41203, and for purposes of this
25section, school districts, community college districts, and direct
26elementary and secondary level instructional services provided by
27the State of California shall be regarded as separate segments of
28public education, and each of these three segments of public
29education shall be entitled to receive respective shares of the
30amount calculated pursuant to Section 41203 as though the
31calculation made pursuant to subdivision (b) of Section 8 of Article
32XVI of the California Constitution were to be applied separately
33to each segment and the base year for purposes of this calculation
34
under paragraph (1) of subdivision (b) of Section 8 of Article XVI
35of the California Constitution were based on the 1989-90 fiscal
36year. Calculations made pursuant to this subdivision shall be made
37so that each segment of public education is entitled to the greater
38of the amounts calculated for that segment pursuant to paragraph
39(1) or (2) of subdivision (b) of Section 8 of Article XVI of the
40California Constitution.
P53 1(b) If the single calculation made pursuant to Section 41203
2yields a guaranteed amount of funding that is less than the sum of
3the amounts calculated pursuant to subdivision (a), the amount
4calculated pursuant to Section 41203 shall be prorated for the three
5segments of public education.
6(c) Notwithstanding any other law, this section does not apply
7to the 1992-93 tobegin delete 2014-15end deletebegin insert the 2015-16end insert fiscal years, inclusive.
begin insertSection 41207.3 of the end insertbegin insertEducation Codeend insertbegin insert, as amended
9by Section
24 of Chapter 32 of the Statutes of 2014, is amended
10to read:end insert
(a) Notwithstanding Section 41206, the minimum
12state educational funding obligation for school districts and
13community college districts pursuant to subdivision (b) of Section
148 of Article XVI of the California Constitution is determined to
15be the following:
16(1) Fifty-three billion three hundred forty-five million four
17hundred twenty thousand dollars ($53,345,420,000) for the
182005-06 fiscal year, with an outstanding balance of one billion
19one hundred ten million five hundred sixteen thousand dollars
20($1,110,516,000). The outstanding balance is appropriated and
21allocated pursuant to Article 3.7 (commencing with Section
2252055.700) of Chapter 6.1 of Partbegin delete 28.end deletebegin insert 28 of Division 4.end insert
23(2) Fifty-five billion two hundred fifty-one million two hundred
24sixty-six thousand dollars ($55,251,266,000) for the 2006-07 fiscal
25year, with an outstanding balance of two hundred eleven million
26five hundred thirty-three thousand dollars ($211,533,000).
27begin delete Commencing with the 2015-16 fiscal year, the Legislature shall begin insert Theend insert outstanding balancebegin insert is appropriatedend insert and
28appropriate theend deletebegin delete specify begin insert allocated
29in the annual Budget Act or other statute making those
30appropriations that the funds shall be used for any one-time purpose
31so long as those appropriations are made for allocationend delete
32pursuantend insert tobegin delete school districts or community college districts.end deletebegin insert Section
3341207.41.end insert
34(3) Fifty-six billion five hundred seventy-seven million four
35hundred ninety-one thousand dollars ($56,577,491,000) for the
362007-08 fiscal year, with no outstanding balance.
37(b) (1) The amount determined pursuant to paragraph (1) of
38subdivision (a) shall be deemed certified for purposes of Section
3941206 when the conditions set forth in subdivision (c) of Section
4041207.1 are met.
P54 1(2) The amount determined pursuant to paragraph (2) of
2subdivision (a) shall be deemed certified for purposes of Section
341206 upon appropriation of the full amount of the outstanding
4balance
determined for that year.
5(3) The amount determined pursuant to paragraph (3) of
6subdivision (a) is deemed to be certified for purposes of Section
741206 upon enactment of this section.
begin insertSection 41207.41 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
9read:end insert
(a) The sum of two hundred fifty-six million dollars
11($256,000,000) is hereby appropriated from the General Fund to
12the Controller for allocation to school districts and community
13college districts for the purpose of offsetting the 2006-07 fiscal
14year and 2009-10 fiscal year outstanding balance of the minimum
15funding obligation to school districts and community college
16districts pursuant to Section 8 of Article XVI of the California
17Constitution.
18(1) The amount appropriated pursuant to this subdivision shall
19be allocated to school districts and community college districts,
20as described in subdivision (a) of Section 41203.1, in accordance
21with the following:
22(A) Eighty-two
million four hundred sixty-seven thousand dollars
23($82,467,000) for transfer by the Controller to Section A of the
24State Schools Fund for allocation by the Superintendent pursuant
25to this section.
26(B) Twenty-seven million nine hundred eighty-one thousand
27dollars ($27,981,000) for transfer by the Controller to Section B
28of the State School Fund for allocation by the Chancellor of the
29California Community Colleges to community colleges districts
30pursuant to this section.
31(C) One hundred forty-five million five hundred fifty-two
32thousand dollars ($145,552,000) for transfer by the Controller to
33the School Facilities Emergency Repair Account pursuant to
34Section 17592.71.
35(2) The amount allocated to school districts pursuant to
36subparagraph (A) of paragraph (1) shall be distributed on the
37basis of an equal amount per unit
of regular average daily
38attendance, as those average daily attendance numbers are
39reported at the time of the second principal apportionment for the
402014-15 fiscal year.
P55 1(3) The amount allocated to community college districts
2pursuant to this subdivision shall be distributed on the basis of an
3equal amount per enrolled full-time equivalent student, as those
4numbers of students are reported at the time of the second principal
5apportionment for the 2014-15 fiscal year.
6(4) For purposes of this subdivision a school district includes
7a county office of education and a charter school.
8(b) For purposes of Section 8 of Article XVI of the California
9Constitution, the amounts appropriated and allocated pursuant
10to this section shall be applied to the outstanding balance of the
11minimum funding obligation to school districts
and community
12college districts pursuant to Section 8 of Article XVI of the
13California Constitution, and shall be deemed to be appropriations
14made and allocated in that fiscal year in which the deficiencies
15resulting in the outstanding balance were incurred in accordance
16with the following:
17(1) Two hundred eleven million five hundred thirty-three
18thousand dollars ($211,533,000) in payment of the outstanding
19balance of the minimum funding obligation for the 2006-07 fiscal
20year.
21(2) Forty-four million four hundred sixty-seven thousand dollars
22($44,467,000) in payment of the outstanding balance of the
23minimum funding obligation for the 2009-10 fiscal year.
24(c) Funding received by school districts and community college
25districts pursuant to subparagraphs (A) and (B) of paragraph (1)
26of subdivision (a) shall first be
deemed to be paid in satisfaction
27of any outstanding claims pursuant to Section 6 of Article XIII B
28of the California Constitution for reimbursement of state-mandated
29local costs for any fiscal year. Notwithstanding Section 12419.5
30of the Government Code and any amounts that are deemed,
31pursuant to this subdivision, to be paid in satisfaction of
32outstanding claims for reimbursement of state-mandated local
33costs, the Controller may audit any claim as allowed by law and
34may recover any amount owed by school districts and community
35college districts pursuant to an audit only by reducing amounts
36owed for any other mandate claims. Under no circumstances shall
37a school district or community college district be required to remit
38funding back to the state to pay for disallowed costs identified by
39a Controller audit of claimed reimbursable state-mandated local
40program costs. The Controller shall not recover any amount owed
P56 1by a school district or community college district pursuant to an
2audit of claimed reimbursable
state-mandated local program costs
3by reducing any amount owed a school district or community
4college district for any purpose other than amounts owed for any
5other mandate claims. The Controller shall apply amounts received
6by each school district or community college district against any
7balances of unpaid claims for reimbursement of state-mandated
8local costs and interest in chronological order beginning with the
9earliest claim. The Controller shall report to each school district
10and community college district the amounts of any claims and
11interest that are offset from funds provided pursuant to this section
12and shall report a summary of the amounts offset for each mandate
13for each fiscal year to the Department of Finance and the fiscal
14committees of the Legislature.
15(d) (1) The governing board of a school district or community
16college district may expend the one-time funds received pursuant
17to subparagraphs (A) and (B)
of paragraph (1) of subdivision (a)
18for any purpose, as determined by the governing board.
19(2) It is the intent of the Legislature that school districts will
20prioritize the use of these one-time funds for professional
21development, induction for beginning teachers with a focus on
22relevant mentoring, instructional materials, technology
23infrastructure, and any other investments necessary to support
24implementation of the common core standards in English language
25arts and mathematics, the implementation of English language
26development standards, and the implementation of the Next
27Generation Science standards.
begin insertSection 41976 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
29read:end insert
(a) For purposes of this chapter, the following classes
31and courses are authorized to be offered by school districts and
32county superintendents of schools for apportionment purposes
33from the adult education fund:
34(1) Adult programs in parenting, including parent cooperative
35preschools, and classes in child growth and development,
36parent-child relationships, and parenting.
37(2) Adult programs in elementary and secondary basic skills
38and other courses and classes required for the high school diploma.
39Apportionments for these courses and classes may only be
40generated by students who do not possess a high school diploma,
P57 1except for remedial academic courses or
classes in reading,
2mathematics, and language arts.
3(3) Adult education programs in English as a second language.
4(4) Adult education programs for immigrants eligible for
5educational services in citizenship, English as a second language,
6and workforce preparation classes in the basic skills of speaking,
7listening, reading, writing, mathematics, decisionmaking and
8problem solving skills, and other classes required for preparation
9to participate in job specific technical training.
10(5) Adult education programs for adults with disabilities.
11(6) Adult short-term career technical education programs with
12high employment potential. Any reference to “vocational”
13education or programs in adult education means “career technical”
14education or programs in adult
education.
15(7) Adult programs for older adults.
16(8) begin delete Adult educationend deletebegin insert Programs offering pre-apprenticeship
17training activities conducted in coordination with one or more
18apprenticeshipend insert programsbegin insert approved by the Division of
19Apprenticeship Standardsend insert forbegin delete apprentices.end deletebegin insert the occupation and
20geographic area.end insert
21(9) Adult programs in home economics.
22(10) Adult programs in health and safety education.
23(b) No state apportionment shall be made for any course or class
24begin delete whichend deletebegin insert thatend insert is not set forth in subdivision (a).
begin insertSection 42238 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
26read:end insert
(a) For the 1984-85 fiscal year and each fiscal year
28thereafter, the county superintendent of schools shall determine a
29revenue limit for each school district in the county pursuant to this
30section.
31(b) The base revenue limit for a fiscal year shall be determined
32by adding to the base revenue limit for the prior fiscal year the
33following amounts:
34(1) The inflation adjustment specified in Section 42238.1.
35(2) For the 1995-96 fiscal year, the equalization adjustment
36specified in Section 42238.4.
37(3) For the 1996-97 fiscal year, the equalization adjustments
38specified in
Sections 42238.41, 42238.42, and 42238.43.
P58 1(4) For the 1985-86 fiscal year, the amount per unit of average
2daily attendance received in the 1984-85 fiscal year pursuant to
3Section 42238.7.
4(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the
5amount per unit of average daily attendance received in the prior
6fiscal year pursuant to Section 42238.8.
7(6) For the 2004-05 fiscal year, the equalization adjustment
8specified in Section 42238.44.
9(7) For the 2006-07 fiscal year, the equalization adjustment
10specified in Section 42238.48.
11(8) For the 2011-12 fiscal year, the equalization adjustment
12specified in Section 42238.49.
13(c) (1) (A) For the 2010-11 fiscal year, the Superintendent
14shall compute an add-on for each school district by adding the
15inflation adjustment specified in Section 42238.1 to the adjustment
16specified in Section 42238.485.
17(B) For the 2011-12 fiscal year and each fiscal year thereafter,
18the Superintendent shall compute an add-on for each school district
19by adding the inflation adjustment specified in Section 42238.1 to
20the amount computed pursuant to this paragraph for the prior fiscal
21year.
22(2) Commencing with the 2010-11 fiscal year, the
23Superintendent shall compute an add-on for each school district
24by dividing each school district’s fiscal year average daily
25attendance computed pursuant to Section 42238.5 by the total
26adjustments in funding for each district made for the 2007-08
27fiscal year pursuant to Section 42238.22
as it read on January 1,
282009.
29(d) The sum of the base revenue limit computed pursuant to
30subdivision (b) and the add-on computed pursuant to subdivision
31(c) shall be multiplied by the district average daily attendance
32computed pursuant to Section 42238.5.
33(e) For districts electing to compute units of average daily
34attendance pursuant to paragraph (2) of subdivision (a) of Section
3542238.5, the amount computed pursuant to Article 4 (commencing
36with Section 42280) shall be added to the amount computed in
37subdivision (c) or (d), as appropriate.
38(f) For the 1984-85 fiscal year only, the county superintendent
39shall reduce the total revenue limit computed in this section by the
40amount of the decreased employer contributions to the Public
P59 1Employees’ Retirement System resulting from enactment of
2Chapter 330 of the Statutes
of 1982, offset by any increase in those
3contributions, as of the 1983-84 fiscal year, resulting from
4subsequent changes in employer contribution rates.
5(g) The reduction required by subdivision (f) shall be calculated
6as follows:
7(1) Determine the amount of employer contributions that would
8have been made in the 1983-84 fiscal year if the applicable Public
9Employees’ Retirement System employer contribution rate in effect
10immediately before the enactment of Chapter 330 of the Statutes
11of 1982 was in effect during the 1983-84 fiscal year.
12(2) Subtract from the amount determined in paragraph (1) the
13greater of subparagraph (A) or (B):
14(A) The amount of employer contributions that would have been
15made in the 1983-84 fiscal year if the applicable Public
16
Employees’ Retirement System employer contribution rate in effect
17immediately after the enactment of Chapter 330 of the Statutes of
181982 was in effect during the 1983-84 fiscal year.
19(B) The actual amount of employer contributions made to the
20Public Employees’ Retirement System in the 1983-84 fiscal year.
21(3) For purposes of this subdivision, employer contributions to
22the Public Employees’ Retirement System for either of the
23following shall be excluded from the calculation specified above:
24(A) Positions supported totally by federal funds that were subject
25to supplanting restrictions.
26(B) Positions supported, to the extent of employer contributions
27not exceeding twenty-five thousand dollars ($25,000) by a single
28educational agency, from a revenue source
determined on the basis
29of equity to be properly excludable from the provisions of this
30subdivision by the Superintendent with the approval of the Director
31of Finance.
32(4) For accounting purposes, the reduction made by this
33subdivision may be reflected as an expenditure from appropriate
34sources of revenue as directed by the Superintendent.
35(h) The Superintendent shall apportion to each school district
36the amount determined in this section less the sum of:
37(1) Thebegin insert schoolend insert district’s property tax revenue received pursuant
38to Chapter 3.5 (commencing with Section 75) and Chapter 6
39(commencing with Section 95) of Part 0.5 of Division 1 of the
40Revenue and Taxation Code.
P60 1(2) The amount, if any, received pursuant to Part 18.5
2(commencing with Section 38101) of Division 2 of the Revenue
3and Taxation Code.
4(3) The amount, if any, received pursuant to Chapter 3
5(commencing with Section 16140) of Part 1 of Division 4 of Title
62 of the Government Code.
7(4) Prior years’ taxes and taxes on the unsecured roll.
8(5) Fifty percent of the amount received pursuant to Section
941603.
10(6) (A) The amount, if any, received pursuant to the Community
11Redevelopment Law (Part 1 (commencing with Section 33000)
12of Division 24 of the Health and Safety Code), except for any
13amount received pursuant to Section 33401 or 33676 of the Health
14and Safety Code that is used
for land acquisition, facility
15construction,begin insert facilityend insert reconstruction,begin delete orend deletebegin insert facilityend insert remodeling,
16begin insert maintenance,end insert or deferred maintenance,begin insert andend insert except for any amount
17received pursuant to Section 33492.15 of, paragraph (4) of
18subdivision (a) of Section 33607.5 of, or Section 33607.7 of, the
19Health and Safety Code that is allocated exclusively for educational
20facilities.
21(B) The amount, if any, received pursuant to Sections 34177,
2234179.5, 34179.6, and 34188 of the Health and Safety Code.
23(C) The amount, if any, received pursuant to subparagraph (B)
24of paragraph (3) of subdivision (e) of
Section 36 of Article XIII
25of the California Constitution.
26(7) For a unified school district, other than a unified school
27district that has converted all of its schools to charter status
28pursuant to Section 47606, the amount of statewide average
29general-purpose funding per unit of average daily attendance
30received by school districts for each of four grade level ranges, as
31computed by the department pursuant to Section 47633, multiplied
32by the average daily attendance, in corresponding grade level
33ranges, of any pupils who attend charter schools funded pursuant
34to Chapter 6 (commencing with Section 47630) of Part 26.8 of
35Division 4 for which the school district is the sponsoring local
36educational agency, as defined in Section 47632, and who reside
37in and would otherwise have been eligible to attend a noncharter
38school of the school district.
39(i) A transfer of pupils of grades 7
and 8 between an elementary
40school district and a high school district shall not result in the
P61 1receiving school district receiving a revenue limit apportionment
2for those pupils that exceeds 105 percent of the statewide average
3revenue limit for the type and size of the receiving school district.
4(j) Commencing with the 2013-14 fiscal year, this section shall
5be used only for purposes of allocating revenues received pursuant
6to subparagraph (B) of paragraph (3) of subdivision (e) of Section
736 of Article XIII of the California Constitution.
8(k) This section shall become inoperative on July 1, 2021, and,
9as of January 1, 2022, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2022, deletes or
11extends the dates on which it becomes inoperative and is repealed.
begin insertSection 42238.02 of the end insertbegin insertEducation Codeend insertbegin insert is amended
13to read:end insert
(a) The amount computed pursuant to this section
15shall be known as the school district and charter school local
16control funding formula.
17(b) (1) For purposes of this section “unduplicated pupil” means
18a pupil enrolled in a school district or a charter school who is either
19classified as an English learner, eligible for a free or reduced-price
20meal, or is a foster youth. A pupil shall be counted only once for
21purposes of this section if any of the following apply:
22(A) The pupil is classified as an English learner and is eligible
23for a free or reduced-price meal.
24(B) The pupil is classified as an English learner
and is a foster
25youth.
26(C) The pupil is eligible for a free or reduced-price meal and is
27classified as a foster youth.
28(D) The pupil is classified as an English learner, is eligible for
29a free or reduced-price meal, and is a foster youth.
30(2) Under procedures and timeframes established by the
31Superintendent, commencing with the 2013-14 fiscal year, a school
32district or charter school shall annually submit its enrolled free
33and reduced-price meal eligibility, foster youth, and English learner
34pupil-level records for enrolled pupils to the Superintendent using
35the California Longitudinal Pupil Achievement Data System.
36(3) (A) Commencing with the 2013-14 fiscal year, a county
37office of education shall review and validate certified
aggregate
38English learner, foster youth, and free or reduced-price meal
39eligible pupil data for school districts and charter schools under
40its jurisdiction to ensure the data is reported accurately. The
P62 1Superintendent shall provide each county office of education with
2appropriate access to school district and charter school data reports
3in the California Longitudinal Pupil Achievement Data System
4for purposes of ensuring data reporting accuracy.
5(B) The Controller shall include the instructions necessary to
6enforce paragraph (2) in the audit guide required by Section
714502.1. The instructions shall include, but are not necessarily
8limited to, procedures for determining if the English learner, foster
9youth, and free or reduced-price meal eligible pupil counts are
10consistent with the school district’s or charter school’s English
11learner, foster youth, and free or reduced-price meal eligible pupil
12records.
13(4) The Superintendent shall make the calculations pursuant to
14this section using the data submitted by local educational agencies,
15including charter schools, through the California Longitudinal
16Pupil Achievement Data System. Under timeframes and procedures
17established by the Superintendent, school districts and charter
18schools may review and revise their submitted data on English
19learner, foster youth, and free or reduced-price meal eligible pupil
20counts to ensure the accuracy of data reflected in the California
21Longitudinal Pupil Achievement Data System.
22(5) The Superintendent shall annually compute the percentage
23of unduplicated pupils for each school district and charter school
24by dividing the enrollment of unduplicated pupils in a school
25district or charter school by the total enrollment in that school
26district or charter school pursuant to all of the following:
27(A) For the 2013-14 fiscal year, divide the sum of unduplicated
28pupils for the 2013-14 fiscal year by the sum of the total pupil
29enrollment for the 2013-14 fiscal year.
30(B) For the 2014-15 fiscal year, divide the sum of unduplicated
31pupils for the 2013-14 and 2014-15 fiscal years by the sum of the
32total pupil enrollment for the 2013-14 and 2014-15 fiscal years.
33(C) For the 2015-16 fiscal year and each fiscal year thereafter,
34divide the sum of unduplicated pupils for the current fiscal year
35and the two prior fiscal years by the sum of the total pupil
36enrollment for the current fiscal year and the two prior fiscal years.
37(D) (i) For purposes of the quotients determined pursuant to
38subparagraphs (B) and (C), the Superintendent shall use
a school
39district’s or charter school’s enrollment of unduplicated pupils and
40total pupil enrollment in the 2014-15 fiscal year instead of the
P63 1enrollment of unduplicated pupils and total pupil enrollment in
2the 2013-14 fiscal year if doing so would yield an overall greater
3percentage of unduplicated pupils.
4(ii) It is the intent of the Legislature to review each school
5district and charter school’s enrollment of unduplicated pupils for
6the 2013-14 and 2014-15 fiscal years and provide one-time
7funding, if necessary, for a school district or charter school with
8higher enrollment of unduplicated pupils in the 2014-15 fiscal
9year as compared to the 2013-14 fiscal year.
10(6) The data used to determine the percentage of unduplicated
11pupils shall be final once that data is no longer used in the current
12fiscal year calculation of the percentage of unduplicated pupils.
13This paragraph does
not apply to a change that is the result of an
14audit that has been appealed pursuant to Section 41344.
15(c) Commencing with the 2013-14 fiscal year and each fiscal
16year thereafter, the Superintendent shall annually calculate a local
17control funding formula grant for each school district and charter
18school in the state pursuant to this section.
19(d) The Superintendent shall compute a grade span adjusted
20base grant equal to the total of the following amounts:
21(1) For the 2013-14 fiscal year, a base grant of:
22(A) Six thousand eight hundred forty-five dollars ($6,845) for
23average daily attendance in kindergarten and grades 1 to 3,
24inclusive.
25(B) Six thousand nine hundred forty-seven dollars
($6,947) for
26average daily attendance in grades 4 to 6, inclusive.
27(C) Seven thousand one hundred fifty-four dollars ($7,154) for
28average daily attendance in grades 7 and 8.
29(D) Eight thousand two hundred eighty-nine dollars ($8,289)
30for average daily attendance in grades 9 to 12, inclusive.
31(2) In each year the grade span adjusted base grants in paragraph
32(1) shall be adjusted by the percentage change in the annual average
33value of the Implicit Price Deflator for State and Local Government
34Purchases of Goods and Services for the United States, as published
35by the United States Department of Commerce for the 12-month
36period ending in the third quarter of the prior fiscal year. This
37percentage change shall be determined using the latest data
38available as of May 10 of the preceding fiscal year compared with
39the annual
average value of the same deflator for the 12-month
40period ending in the third quarter of the second preceding fiscal
P64 1year, using the latest data available as of May 10 of the preceding
2fiscal year, as reported by the Department of Finance.
3(3) (A) The Superintendent shall compute an additional
4adjustment to the kindergarten and grades 1 to 3, inclusive, base
5grant as adjusted for inflation pursuant to paragraph (2) equal to
610.4 percent. The additional grant shall be calculated by
7multiplying the kindergarten and grades 1 to 3, inclusive, base
8grant, as adjusted by paragraph (2), by 10.4 percent.
9(B) Until paragraph (4) of subdivision (b) of Section 42238.03
10is effective, as a condition of the receipt of funds in this paragraph,
11a school district shall make progress toward maintaining an average
12class enrollment of not more than 24 pupils for each schoolsite
in
13kindergarten and grades 1 to 3, inclusive, unless a collectively
14bargained alternative annual average class enrollment for each
15schoolsite in those grades is agreed to by the school district,
16pursuant to the following calculation:
17(i) Determine a school district’s average class enrollment for
18each schoolsite for kindergarten and grades 1 to 3, inclusive, in
19the prior year. For the 2013-14 fiscal year, this amount shall be
20the average class enrollment for each schoolsite for kindergarten
21and grades 1 to 3, inclusive, in the 2012-13 fiscal year.
22(ii) Determine a school district’s proportion of total need
23pursuant to paragraph (2) of subdivision (b) of Section 42238.03.
24(iii) Determine the percentage of the need calculated in clause
25(ii) that is met by funding provided to the school district pursuant
26to paragraph (3)
of subdivision (b) of Section 42238.03.
27(iv) Determine the difference between the amount computed
28pursuant to clause (i) and an average class enrollment of not more
29than 24 pupils.
30(v) Calculate a current year average class enrollment adjustment
31for each schoolsite for kindergarten and grades 1 to 3, inclusive,
32equal to the adjustment calculated in clause (iv) multiplied by the
33percentage determined pursuant to clause (iii).
34(C) School districts that have an average class enrollment for
35each schoolsite for kindergarten and grades 1 to 3, inclusive, of
3624 pupils or less for each schoolsite in the 2012-13 fiscal year,
37shall be exempt from the requirements of subparagraph (B) so long
38as the school district continues to maintain an average class
39enrollment for each schoolsite for kindergarten and grades 1 to 3,
P65 1
inclusive, of not more than 24 pupils, unless a collectively
2bargained alternative ratio is agreed to by the school district.
3(D) Upon full implementation of the local control funding
4formula, as a condition of the receipt of funds in this paragraph,
5all school districts shall maintain an average class enrollment for
6each schoolsite for kindergarten and grades 1 to 3, inclusive, of
7not more than 24 pupils for each schoolsite in kindergarten and
8grades 1 to 3, inclusive, unless a collectively bargained alternative
9ratio is agreed to by the school district.
10(E) The average class enrollment requirement for each schoolsite
11for kindergarten and grades 1 to 3, inclusive, established pursuant
12to this paragraph shall not be subject to waiver by the state board
13pursuant to Section 33050 or by the Superintendent.
14(F) The
Controller shall include the instructions necessary to
15enforce this paragraph in the audit guide required by Section
1614502.1. The instructions shall include, but are not necessarily
17limited to, procedures for determining if the average class
18enrollment for each schoolsite for kindergarten and grades 1 to 3,
19inclusive, exceeds 24 pupils, or an alternative average class
20enrollment for each schoolsite pursuant to a collectively bargained
21alternative ratio. The procedures for determining average class
22enrollment for each schoolsite shall include criteria for employing
23sampling.
24(4) The Superintendent shall compute an additional adjustment
25to the base grant for grades 9 to 12, inclusive, as adjusted for
26inflation pursuant to paragraph (2), equal to 2.6 percent. The
27additional grant shall be calculated by multiplying the base grant
28for grades 9 to 12, inclusive, as adjusted by paragraph (2), by 2.6
29percent.
30(e) The Superintendent shall compute a supplemental grant
31add-on equal to 20 percent of the base grants as specified in
32subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
33(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
34(d), for each school district’s or charter school’s percentage of
35unduplicated pupils calculated pursuant to paragraph (5) of
36subdivision (b). The supplemental grant shall be calculated by
37multiplying the base grants as specified in subparagraphs (A) to
38(D), inclusive, of paragraph (1), as adjusted by paragraphs (2) to
39(4), inclusive, of subdivision (d), by 20 percent and by the
40percentage of unduplicated pupils calculated pursuant to paragraph
P66 1(5) of subdivision (b) in that school district or charter school. The
2supplemental grant shall be expended in accordance with the
3regulations adopted pursuant to Section 42238.07.
4(f) (1) The Superintendent shall compute a concentration grant
5add-on equal to 50 percent of the base grants as specified in
6subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
7(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
8(d), for each school district’s or charter school’s percentage of
9unduplicated pupils calculated pursuant to paragraph (5) of
10 subdivision (b) in excess of 55 percent of the school district’s or
11charter school’s total enrollment. The concentration grant shall be
12calculated by multiplying the base grants as specified in
13subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
14(d), as adjusted by paragraphs (2) to (4), inclusive, of subdivision
15(d), by 50 percent and by the percentage of unduplicated pupils
16calculated pursuant to paragraph (5) of subdivision (b) in excess
17of 55 percent of the total enrollment in that school district or charter
18school.
19(2) (A) For a charter school physically located in only one
20school district, the percentage of unduplicated pupils calculated
21pursuant to paragraph (5) of subdivision (b) in excess of 55 percent
22used to calculate concentration grants shall not exceed the
23percentage of unduplicated pupils calculated pursuant to paragraph
24(5) of subdivision (b) in excess of 55 percent of the school district
25in which the charter school is physically located. For a charter
26school physically located in more than one school district, the
27charter school’s percentage of unduplicated pupils calculated
28pursuant to paragraph (5) of subdivision (b) in excess of 55 percent
29used to calculate concentration grants shall not exceed that of the
30school district with the highest percentage of unduplicated pupils
31calculated pursuant to paragraph (5) of subdivision (b) in excess
32of 55 percent of the school districts in which the charter school
33has a school facility. The concentration grant shall be expended
34in accordance with the
regulations adopted pursuant to Section
3542238.07.
36(B) For purposes of this paragraph and subparagraph (A) of
37paragraph (1) of subdivision (f) of Section 42238.03, a charter
38school shall report its physical location to the department under
39timeframes established by the department. For a charter school
40authorized by a school district, the department shall include the
P67 1authorizing school district in the department’s determination of
2physical location. For a charter school authorized on appeal
3pursuant to subdivision (j) of Section 47605, the department shall
4include the sponsoring school district in the department’s
5determination of physical location. The reported physical location
6of the charter school shall be considered final as of the second
7principal apportionment for that fiscal year. For purposes of this
8paragraph, the percentage of unduplicated pupils of the school
9district associated with the charter school pursuant to subparagraph
10(A)
shall be considered final as of the second principal
11apportionment for that fiscal year.
12(g) The Superintendent shall compute an add-on to the total
13sum of a school district’s or charter school’s base, supplemental,
14and concentration grants equal to the amount of funding a school
15district or charter school received from funds allocated pursuant
16to the Targeted Instructional Improvement Block Grant program,
17as set forth in Article 6 (commencing with Section 41540) of
18Chapter 3.2, for the 2012-13 fiscal year, as that article read on
19January 1, 2013. A school district or charter school shall not receive
20a total funding amount from this add-on greater than the total
21amount of funding received by the school district or charter school
22from that program in the 2012-13 fiscal year. The amount
23computed pursuant to this subdivision shall reflect the reduction
24specified in paragraph (2) of subdivision (a) of Section 42238.03.
25(h) begin insert (1)end insertbegin insert end insert The Superintendent shall compute an add-on to the
26total sum of a school district’s or charter school’s base,
27supplemental, and concentration grants equal to the amount of
28funding a school district or charter school received from funds
29allocated pursuant to the Home-to-School Transportation program,
30as set forth in former Article 2 (commencing with Section 39820)
31of Chapter 1 of Part 23.5, former Article 10 (commencing with
32Section 41850) of Chapter 5, and the Small School District
33Transportation program, as set forth in former Article 4.5
34(commencing with Section 42290),begin insert as those articles read on
35January 1, 2013,end insert
for the 2012-13 fiscal year. A school district or
36charter school shall not receive a total funding amount from this
37add-on greater than the total amount received by the school district
38or charter school for those programs in the 2012-13 fiscal year.
39The amount computed pursuant to this subdivision shall reflect
P68 1the reduction specified in paragraph (2) of subdivision (a) of
2Section 42238.03.
3(2) If a home-to-school transportation joint powers agency,
4established pursuant to Article 1 (commencing with Section 6500)
5of Chapter 5 of Division 7 of Title 1 of the Government Code for
6purposes of providing pupil transportation, received an
7apportionment directly from the Superintendent from any of the
8funding sources specified in paragraph (1) for the 2012-13 fiscal
9year, the joint powers agency may identify the member local
10educational agencies and
transfer entitlement to that funding to
11any of those member local educational agencies by reporting to
12the Superintendent, on or before September 30, 2015, the
13reassignment of a specified amount of the joint powers agency’s
142012-13 fiscal year entitlement to the member local educational
15agency. Commencing with the 2015-16 fiscal year, the
16Superintendent shall compute an add-on to the total sum of a
17school district’s or charter school’s base, supplemental, and
18concentrations grants equal to the amount of the entitlement to
19funding transferred by the joint powers agency to the member
20school district or charter school.
21(i) (1) The sum of the local control funding formula rates
22computed pursuant to subdivisions (c) to (f), inclusive, shall be
23multiplied by:
24(A) For school districts, the average daily attendance of the
25school district in
the corresponding grade level ranges computed
26pursuant to Section 42238.05, excluding the average daily
27attendance computed pursuant to paragraph (2) of subdivision (a)
28of Section 42238.05 for purposes of the computation specified in
29subdivision (d).
30(B) For charter schools, the total current year average daily
31attendance in the corresponding grade level ranges.
32(2) The amount computed pursuant to Article 4 (commencing
33with Section 42280) shall be added to the amount computed
34pursuant to paragraphs (1) to (4), inclusive, of subdivision (d), as
35multiplied by subparagraph (A) or (B) of paragraph (1), as
36appropriate.
37(j) The Superintendent shall adjust the sum of each school
38district’s or charter school’s amount determined in subdivisions
39(g) to (i), inclusive, pursuant to the calculation specified in Section
4042238.03,
less the sum of the following:
P69 1(1) (A) For school districts, the property tax revenue received
2pursuant to Chapter 3.5 (commencing with Section 75) and Chapter
36 (commencing with Section 95) of Part 0.5 of Division 1 of the
4Revenue and Taxation Code.
5(B) For charter schools, the in-lieu property tax amount provided
6to a charter school pursuant to Section 47635.
7(2) The amount, if any, received pursuant to Part 18.5
8(commencing with Section 38101) of Division 2 of the Revenue
9and Taxation Code.
10(3) The amount, if any, received pursuant to Chapter 3
11(commencing with Section 16140) of Part 1 of Division 4 of Title
122 of the Government Code.
13(4) Prior years’ taxes and taxes on the unsecured roll.
14(5) Fifty percent of the amount received pursuant to Section
1541603.
16(6) The amount, if any, received pursuant to the Community
17Redevelopment Law (Part 1 (commencing with Section 33000)
18of Division 24 of the Health and Safety Code), less any amount
19received pursuant to Section 33401 or 33676 of the Health and
20Safety Code that is used for land acquisition, facility construction,
21reconstruction, or remodeling, or deferred maintenance and that
22is not an amount received pursuant to Section 33492.15, or
23paragraph (4) of subdivision (a) of Section 33607.5, or Section
2433607.7 of the Health and Safety Code that is allocated exclusively
25for educational facilities.
26(7) The amount, if any, received pursuant to Sections 34177,
2734179.5, 34179.6, 34183, and 34188 of the Health and Safety
28Code.
29(8) Revenue received pursuant to subparagraph (B) of paragraph
30(3) of subdivision (e) of Section 36 of Article XIII of the California
31Constitution.
32(k) A school district shall annually transfer to each of its charter
33schools funding in lieu of property taxes pursuant to Section 47635.
34(l) (1) Nothing in this section shall be interpreted to authorize
35a school district that receives funding on behalf of a charter school
36pursuant to Section 47651 to redirect this funding for another
37purpose unless otherwise authorized in law pursuant to paragraph
38(2) or pursuant to an agreement between the charter school and its
39chartering authority.
P70 1(2) A school district that received funding on behalf of a locally
2funded charter school in the
2012-13 fiscal year pursuant to
3paragraph (2) of subdivision (b) of Section 42605, Section 42606,
4and subdivision (b) of Section 47634.1, as those sections read on
5January 1, 2013, or a school district that was required to pass
6through funding to a conversion charter school in the 2012-13
7fiscal year pursuant to paragraph (2) of subdivision (b) of Section
842606, as that section read on January 1, 2013, may annually
9redirect for another purpose a percentage of the amount of the
10funding received on behalf of that charter school. The percentage
11of funding that may be redirected shall be determined pursuant to
12the following computation:
13(A) (i) Determine the sum of the need fulfilled for that charter
14school pursuant to paragraph (3) of subdivision (b) of Section
1542238.03 in the then current fiscal year for the charter school.
16(ii) Determine the sum of the need
fulfilled in every fiscal year
17before the then current fiscal year pursuant to paragraph (3) of
18subdivision (b) of Section 42238.03 adjusted for changes in average
19daily attendance pursuant to paragraph (3) of subdivision (a) of
20Section 42238.03 for the charter school.
21(iii) Subtract the amount computed pursuant to paragraphs (1)
22to (3), inclusive, of subdivision (a) of Section 42238.03 from the
23amount computed for that charter school under the local control
24funding formula entitlement computed pursuant to subdivision (i)
25ofbegin delete Section 42238.02.end deletebegin insert this section.end insert
26(iv) Compute a percentage by dividing the sum of the amounts
27computed to clauses (i) and (ii) by the amount computed pursuant
28to clause (iii).
29(B) Multiply the percentage computed pursuant to subparagraph
30(A) by the amount of funding the school district received on behalf
31of the charter school in the 2012-13 fiscal year pursuant to
32paragraph (2) of subdivision (b) of Section 42605, Section 42606,
33and subdivision (b) of Section 47634.1, as those sections read on
34January 1, 2013.
35(C) The maximum amount that may be redirected shall be the
36lesser of the amount of funding the school district received on
37behalf of the charter
school in the 2012-13 fiscal year pursuant to
38paragraph (2) of subdivision (b) of Section 42605, Section 42606,
39and subdivision (b) of Section 47634.1, as those sections read on
P71 1January 1, 2013, or the amount computed pursuant to subparagraph
2(B).
3(3) Commencing with the 2013-14 fiscal year, a school district
4operating one or more affiliated charter schools shall provide each
5affiliated charter school schoolsite with no less than the amount
6of funding the schoolsite received pursuant to the charter school
7block grant in the 2012-13 fiscal year.
8(m) Any calculations in law that are used for purposes of
9determining if a local educational agency is an excess tax school
10entity or basic aid school district, including, but not limited to, this
11section and Sections 42238.03, 41544, 47632, 47660, 47663,
1248310, and 48359.5, and Section 95 of the Revenue and Taxation
13Code, shall be made
exclusive of the revenue received pursuant
14to subparagraph (B) of paragraph (3) of subdivision (e) of Section
1536 of Article XIII of the California Constitution.
16(n) The funds apportioned pursuant to this section and Section
1742238.03 shall be available to implement the activities required
18pursuant to Article 4.5 (commencing with Section 52060) of
19Chapter 6.1 of Part 28 of Divisionbegin delete 4 of Title 2.end deletebegin insert 4.end insert
20(o) A school district that does not receive an apportionment of
21state funds pursuant to this section, as implemented pursuant to
22Section 42238.03, excluding funds apportioned pursuant to the
23requirements of subparagraph (A) of paragraph (2) of subdivision
24(e) of Section 42238.03, shall be considered a “basic aid school
25district” or an “excess tax entity.”
begin insertSection 42238.03 of the end insertbegin insertEducation Codeend insertbegin insert is amended
27to read:end insert
(a) Commencing with the 2013-14 fiscal year and
29each fiscal year thereafter, the Superintendent shall calculate a
30base entitlement for the transition to the local control funding
31formula for each school district and charter school equal to the
32sum of the amounts computed pursuant to paragraphs (1) to (4),
33inclusive. The amounts computed pursuant to paragraphs (1) to
34(4), inclusive, shall be continuously appropriated pursuant to
35Section 14002.
36(1) The current fiscal year base entitlement funding level shall
37be the sum of all of the following:
38(A) For school districts, revenue limits in the 2012-13 fiscal
39year as computed pursuant to Article 2 (commencing with Section
4042238), as that article read
on January 1, 2013, divided by the
P72 12012-13 average daily attendance of the school district computed
2pursuant to Section 42238.05. That quotient shall be multiplied
3by the current fiscal year average daily attendance of the school
4district computed pursuant Section 42238.05. A school district’s
52012-13 fiscal year revenue limit funding shall exclude amounts
6computed pursuant to Article 4 (commencing with Section 42280).
7For purposes of this subparagraph, 2012-13 fiscal year average
8daily attendance and 2012-13 fiscal year revenue limits shall be
9considered final as of the annual apportionment for the 2012-13
10fiscal year, as calculated for purposes of the certification required
11on or before February 20, 2014, pursuant to Sections 41332 and
1241339.
13(B) (i) For charter schools, general purpose funding in the
142012-13 fiscal year as computed pursuant to Article 2
15(commencing with Section 47633) of Chapter 6 of Part 26.8 of
16
Division 4, as that article read on January 1, 2013, and the amount
17of in-lieu property tax provided to the charter school pursuant to
18Section 47635, as that section read on June 30, 2013, divided by
19the 2012-13 average daily attendance of the charter school
20computed pursuant to Section 42238.05. That quotient shall be
21multiplied by the current fiscal year average daily attendance of
22the charter school computed pursuant to Section 42238.05. For
23purposes of this subparagraph, 2012-13 fiscal year average daily
24attendance and 2012-13 fiscal year general purpose funding, as
25computed pursuant to Article 2 (commencing with Section 47633)
26of Chapter 6 of Part 26.8 of Division 4, as that article read on
27January 1, 2013, shall be considered final as of the annual
28apportionment for the 2012-13 fiscal year, as calculated for
29purposes of the certification required on or before February 20,
302014, pursuant to Sections 41332 and 41339.
31(ii) The amount
computed pursuant to clause (i) shall exclude
32funds received by a charter school pursuant to Section 47634.1,
33as that section read on January 1, 2013.
34(C) The amount computed pursuant to subparagraph (A) shall
35exclude funds received pursuant to Section 47633, as that section
36read on January 1, 2013.
37(D) For school districts, funding for qualifying necessary small
38high school and necessary small elementary schools shall be
39adjusted to reflect the funding levels that correspond to the 2012-13
40necessary small high school and necessary small elementary school
P73 1allowances pursuantbegin insert toend insert Article 4 (commencing with Section 42280)
2andbegin insert formerend insert Section 42238.146, as those provisions
read on January
31, 2013.
4(2) (A) Entitlements from items contained in Section 2.00, as
5adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
6Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
76110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
86110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
96110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
106110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
116110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
126110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
136110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
146110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
156110-268-0001,begin insert andend insert 6360-101-0001, 2012-13 fiscal year funding
16for the Class Size Reduction Program pursuant tobegin insert
formerend insert Chapter
176.10 (commencing with Section 52120) of Part 28 of Division 4,
18as it read on January 1, 2013, and 2012-13 fiscal year funding for
19pupils enrolled in community day schools who are mandatorily
20expelled pursuant to subdivision (d) of Section 48915. The
21entitlement for basic aid school districts shall include the reduction
22of 8.92 percent as applied pursuant to subparagraph (A) of
23paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the
24Statutes of 2012. For purposes of this subparagraph, 2012-13 fiscal
25year entitlements shall be considered final as of the annual
26apportionment for the 2012-13 fiscal year, as calculated for
27purposes of the certification required on or before February 20,
282014, pursuant to Sections 41332 and 41339.
29(B) Commencing with the 2014-15 fiscal year, the entitlements
30identified in subparagraph (A) shall be adjusted to reflect the
31exclusion of one-time
redevelopment agency liquid asset recovery
32revenue, pursuant to Section 34179.5 and following, of the Health
33and Safety Code, before the application of the 8.92-percent
34reduction applied pursuant to subparagraph (A) of paragraph (1)
35of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.
36(3) The allocations pursuant to Sections 42606 and 47634.1, as
37those sections read on January 1, 2013, divided by the 2012-13
38average daily attendance of the charter school computed pursuant
39to Section 42238.05. That quotient shall be multiplied by the
P74 1current fiscal year average daily attendance of the charter school
2computed pursuant to Section 42238.05.
3(4) The amount allocated to a school district or charter school
4pursuant to paragraph (3) of subdivision (b) for the fiscal years
5before the current fiscal year divided by the average daily
6attendance of the school district or
charter school for the fiscal
7years before the current fiscal year computed pursuant to Section
842238.05. That quotient shall be multiplied by the current fiscal
9year average daily attendance of the school district or charter school
10computed pursuant to Section 42238.05.begin insert For purposes of this
11paragraph, the amount allocated pursuant to paragraph (3) of
12subdivision (b) for the fiscal years before the current fiscal year,
13and the average daily attendance of the school district or charter
14school for the fiscal years before the current fiscal year, as
15computed pursuant to Section 42238.05, shall be considered final
16as of the third recertification of the annual apportionment.end insert
17(5) (A) For the 2013-14 and 2014-15 fiscal years only, a school
18district that, in the 2012-13 fiscal year, from any of the funding
19sources identified
in paragraph (1) or (2), received funds on behalf
20of, or provided funds to, a regional occupational center or program
21joint powers agency established in accordance with Article 1
22(commencing with Section 6500) of Chapter 5 of Division 7 of
23Title 1 of the Government Code for purposes of providing
24instruction to secondary pupils shall not redirect that funding for
25another purpose unless otherwise authorized in law or pursuant to
26an agreement between the regional occupational center or program
27joint powers agency and the contracting school district.
28(B) For the 2013-14 and 2014-15 fiscal years only, if a regional
29occupational center or program joint powers agency established
30in accordance with Article 1 (commencing with Section 6500) of
31Chapter 5 of Division 7 of Title 1 of the Government Code for
32purposes of providing instruction to pupils enrolled in grades 9 to
3312, inclusive, received, in the 2012-13 fiscal year, an
34apportionment of funds
directly from any of the funding sources
35identified in subparagraph (A) of paragraph (2) of subdivision (a),
36the Superintendent shall apportion that same amount to the regional
37occupational center or program joint powers agency.
38(6) (A) (i) For the 2013-14 and 2014-15 fiscal years only, a
39school district that, in the 2012-13 fiscal year, from any of the
40funding sources identified in paragraph (1) or (2), received funds
P75 1on behalf of, or provided funds to, a home-to-school transportation
2joint powers agency established in accordance with Article 1
3(commencing with Section 6500) of Chapter 5 of Division 7 of
4Title 1 of the Government Code for purposes of providing pupil
5transportation shall not redirect that funding for another purpose
6unless otherwise authorized in law or pursuant to an agreement
7between the home-to-school transportation joint powers agency
8and the contracting school district.
9(ii) For the 2013-14 and 2014-15 fiscal years only, if a
10home-to-school transportation joint powers agency established in
11accordance with Article 1 (commencing with Section 6500) of
12Chapter 5 of Division 7 of Title 1 of the Government Code for
13purposes of providing pupil transportation received, in the 2012-13
14fiscal year, an apportionment of funds directly from the
15Superintendent from any of the funding sources identified in
16subparagraph (A) of paragraph (2) of subdivision (a), the
17Superintendent shall apportion that same amount to the
18home-to-school transportation joint powers agency.
19(iii) If a home-to-school transportation joint powers agency,
20established pursuant to Article 1 (commencing with Section 6500)
21of Chapter 5 of Division 7 of Title 1 of the Government Code for
22purposes of providing pupil
transportation, received an
23apportionment directly from the Superintendent from any of the
24funding sources specified in subparagraph (A) of paragraph (2)
25of subdivision (a) for the 2012-13 fiscal year, the joint powers
26agency may identify the member local educational agencies and
27transfer entitlement to that funding to any of those member local
28educational agencies by reporting to the Superintendent, on or
29before September 30, 2015, the reassignment of a specified amount
30of the joint powers agency’s 2012-13 fiscal year entitlement to
31the member local educational agency. Commencing with the
322015-16 fiscal year, the Superintendent shall add the reassigned
33amounts to the amounts calculated pursuant to subparagraph (A)
34of paragraph (2) of subdivision (a).
35(B) In addition to subparagraph (A), of the funds a school district
36receives for home-to-school transportation programs the school
37district shall expend, pursuant tobegin insert
formerend insert Article 2 (commencing
38with Section 39820) of Chapter 1 of Part 23.5,begin insert formerend insert Article 10
39(commencing with Section 41850) of Chapter 5, and the Small
40School District Transportation program, as set forth inbegin insert formerend insert
P76 1 Article 4.5 (commencing with Section 42290) of Chapter 7 of Part
224 of Division 3 of Title 2,begin insert as those articles read on January 1,
32013,end insert no less for those programs than the amount of funds the
4school district expended for home-to-school transportation in the
52012-13 fiscal year.
6(7) For the 2013-14 and 2014-15 fiscal years only, of the funds
7a school district receives for
purposes of regional occupational
8centers or programs, or adult education, the school district shall
9expend no less than the amount of funds the school district
10expended for purposes of regional occupational centers or
11programs, or adult education, respectively, in the 2012-13 fiscal
12year. For purposes of this paragraph, a school district may include
13expenditures made by its county office of education within the
14school district for purposes of regional occupational centers or
15programs so long as the total amount of expenditures by the school
16district and the county office of education equal or exceed the total
17amount required to be expended for purposes of regional
18occupational centers or programs pursuant to this paragraph and
19paragraph (3) of subdivision (k) of Section 2575.
20(8) For the 2013-14 and 2014-15 fiscal years only, and for
21purposes of ensuring the continuity of essential induction and
22training services for beginning teachers, the
Alameda County
23Superintendent of Schools shall withhold five hundred eighty-one
24thousand five hundred forty dollars ($581,540) from the local
25control funding formula apportionments of the Newark Unified
26School District, and from those withheld funds shall allocate the
27following amounts to the following entities:
28(A) One hundred forty-seven thousand nine hundred twenty
29dollars ($147,920) to the Alameda Unified School District.
30(B) One hundred four thousand dollars ($104,000) to the San
31Leandro Unified School District.
32(C) One hundred sixty-four thousand six hundred twenty dollars
33($164,620) to the Berkeley Unified School District.
34(D) One hundred sixty-five thousand dollars ($165,000) to the
35San Lorenzo Unified School District.
36(b) Compute an annual local control funding formula transition
37adjustment for each school district and charter school as follows:
38(1) Subtract the amount computed pursuant to paragraphs (1)
39to (4), inclusive, of subdivision (a) from the amount computed for
40each school district or charter school under the local control
P77 1funding formula entitlements computed pursuant to Section
242238.02. School districts and charter schools with a negative
3difference shall be deemed to have a zero difference.
4(2) Each school district’s and charter school’s total need, as
5calculated pursuant to paragraph (1), shall be divided by the sum
6of all school districts’ and charter schools’ total need to determine
7the school district’s or charter school’s respective proportions of
8total need.
9(3) (A) Each school district’s and charter school’s proportion
10of total need shall be multiplied by any available appropriations
11specifically made for purposes of this subdivision, and added to
12the school district’s or charter school’s funding amounts as
13calculated pursuant to subdivision (a).
14(B) For purposes of subparagraph (A), the proportion of total
15need that is funded from any available appropriations specifically
16made for purposes of this subdivision for a fiscal year shall be
17considered fixed as of the second principal apportionment for that
18fiscal year. Adjustments to a school district’s or charter school’s
19total need, as computed pursuant to paragraph (1), subsequent to
20the second principal apportionment for a fiscal year, shall be funded
21based on the fixed proportion of total need that is funded for that
22fiscal year pursuant to this subdivision and shall
be continuously
23appropriated pursuant to Section 14002.
24(4) If the total amount of funds appropriated for purposes of
25paragraph (3) pursuant to this subdivision are sufficient to fully
26fund any positive amounts computed pursuant to paragraph (1),
27the local control funding formula grant computed pursuant to
28subdivision (c) of Section 42238.02 shall be adjusted to ensure
29that any available appropriation authority is expended for purposes
30of the local control funding formula.
31(5) Commencing with the first fiscal year after either paragraph
32(4) of this subdivision or paragraph (2) of subdivision (g) applies,
33the adjustments in paragraph (2) of subdivision (d) of Section
3442238.02 shall be made only if an appropriation for those
35adjustments is included in the annual Budget Act.
36(c) The Superintendent shall subtract from
the amounts
37computed pursuant to subdivisions (a) and (b) the sum of the
38following:
39(1) (A) For school districts, the property tax revenue received
40pursuant to Chapter 3.5 (commencing with Section 75) and Chapter
P78 16 (commencing with Section 95) of Part 0.5 of Division 1 of the
2Revenue and Taxation Code.
3(B) For charter schools, the in-lieu property tax amount provided
4to a charter school pursuant to Section 47635.
5(2) The amount, if any, received pursuant to Part 18.5
6(commencing with Section 38101) of Division 2 of the Revenue
7and Taxation Code.
8(3) The amount, if any, received pursuant to Chapter 3
9(commencing with Section 16140) of Part 1 of Division 4 of Title
102 of the Government Code.
11(4) Prior years’ taxes and taxes on the unsecured roll.
12(5) Fifty percent of the amount received pursuant to Section
1341603.
14(6) The amount, if any, received pursuant to the Community
15Redevelopment Law (Part 1 (commencing with Section 33000)
16of Division 24 of the Health and Safety Code), less any amount
17received pursuant to Section 33401 or 33676 of the Health and
18Safety Code that is used for land acquisition, facility construction,
19reconstruction, or remodeling, or deferred maintenance and that
20is not an amount received pursuant to Section 33492.15, or
21paragraph (4) of subdivision (a) of Section 33607.5, or Section
2233607.7 of the Health and Safety Code that is allocated exclusively
23for educational facilities.
24(7) The amount, if any, received pursuant to
Sections 34177,
2534179.5, 34179.6, 34183, and 34188 of the Health and Safety
26Code.
27(8) Revenue received pursuant to subparagraph (B) of paragraph
28(3) of subdivision (e) of Section 36 of Article XIII of the California
29Constitution.
30(d) A school district or charter school that has a zero difference
31pursuant to paragraph (1) of subdivision (b) in the prior fiscal year
32shall receive an entitlement equal to the amount calculated pursuant
33to Section 42238.02 in the current fiscal year and future fiscal
34years.
35(e) Notwithstandingbegin insert paragraph (2) of subdivision (g), orend insert the
36computations pursuant to subdivisions (b) to (d), inclusive, and
37Section 42238.02, commencing with the 2013-14 fiscal year, a
38school district or
charter school shall receive state-aid funding of
39no less than the sum of the amounts computed pursuant to
40paragraphs (1) to (3), inclusive.
P79 1(1) (A) For school districts, revenue limits in the 2012-13 fiscal
2year as computed pursuant to Article 2 (commencing with Section
342238), as that article read on January 1, 2013, divided by the
42012-13 average daily attendance of the school district computed
5pursuant to Section 42238.05. That quotient shall be multiplied
6by the current fiscal year average daily attendance of the school
7district computed pursuant Section 42238.05. A school district’s
82012-13 revenue limit funding shall exclude amounts computed
9pursuant to Article 4 (commencing with Section 42280). For
10purposes of this subparagraph, 2012-13 fiscal year average daily
11attendance and 2012-13 fiscal year revenue limits shall be
12considered final as of the annual apportionment for the 2012-13
13fiscal year, as calculated for
purposes of the certification required
14on or before February 20, 2014, pursuant to Sections 41332 and
1541339.
16(B) (i) For charter schools, general purpose funding in the
172012-13 fiscal year as computed pursuant to Article 2
18(commencing with Section 47633) of Chapter 6 of Part 26.8 of
19Division 4, as that article read on January 1, 2013, and the amount
20of in-lieu property tax provided to the charter school in the 2012-13
21fiscal year pursuant to Section 47635, as that section read on
22January 1, 2013, divided by the 2012-13 average daily attendance
23of the charter school computed pursuant to Section 42238.05. That
24quotient shall be multiplied by the current fiscal year average daily
25attendance of the charter school computed pursuant to Section
2642238.05. For purposes of this subparagraph, 2012-13 fiscal year
27average daily attendance and 2012-13 fiscal year general purpose
28funding, as computed pursuant to Article 2 (commencing
with
29Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that
30article read on January 1, 2013, shall be considered final as of the
31annual apportionment for the 2012-13 fiscal year, as calculated
32for purposes of the certification required on or before February
3320, 2014, pursuant to Sections 41332 and 41339.
34(ii) The amount computed pursuant to clause (i) shall exclude
35funds received by a charter school pursuant to Section 47634.1,
36as that section read on January 1, 2013.
37(C) The amount computed pursuant to subparagraph (A) shall
38exclude funds received pursuant to Section 47633, as that section
39read on January 1, 2013.
P80 1(D) For school districts, the 2012-13 funding allowance
2provided for qualifying necessary small high schools and necessary
3small elementary schools pursuant to Article 4 (commencing with
4Section
42280) and Section 42238.146, as those provisions read
5on January 1, 2013.
6(E) The amount computed pursuant to subparagraphs (A) to
7(D), inclusive, shall be reduced by the sum of the amount computed
8pursuant to paragraphs (1) to (8), inclusive, of subdivision (c).
9(2) (A) Entitlements from items contained in Section 2.00, as
10adjusted pursuant to Section 12.42, of the Budget Act of 2012 for
11Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
126110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001,
136110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001,
146110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001,
156110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001,
166110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001,
176110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
186110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
19
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
206110-268-0001,begin insert andend insert 6360-101-0001, 2012-13 fiscal year funding
21for the Class Size Reduction Program pursuant tobegin insert formerend insert Chapter
226.10 (commencing with Section 52120) of Part 28 of Division 4,
23as it read on January 1, 2013, and 2012-13 fiscal year funding for
24pupils enrolled in community day schools who are mandatorily
25expelled pursuant to subdivision (d) of Section 48915. The
26entitlement for basic aid school districts shall include the reduction
27of 8.92 percent as applied pursuant to subparagraph (A) of
28paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the
29Statutes of 2012. For purposes of this subparagraph, 2012-13 fiscal
30year entitlements shall be considered final as of the annual
31apportionment for the 2012-13 fiscal year,
as calculated for
32purposes of the certification required on or before February 20,
332014, pursuant to Sections 41332 and 41339.
34(B) Commencing with the 2014-15 fiscal year, the entitlements
35identified in subparagraph (A) shall be adjusted to reflect the
36exclusion of one-time redevelopment agency liquid asset recovery
37revenue, pursuant to Section 34179.5 and following, of the Health
38and Safety Code, before the application of the 8.92-percent
39reduction applied pursuant to subparagraph (A) of paragraph (1)
40of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012.
P81 1(C) The Superintendent shall annually apportion any entitlement
2provided to the state special schools from the items specified in
3subparagraph (A) to the state special schools in the same amount
4as the state special schools received from those items in the
52012-13 fiscal year.
6(D) Commencing with the 2015-16 fiscal year, any portion of
7funding transferred to a school district or charter school by a joint
8powers agency pursuant to clause (iii) of subparagraph (A) of
9paragraph (6) of subdivision (a) shall be deemed to be included
10in the entitlements specified in subparagraph (A) for the school
11district or charter school.
12(3) The allocations pursuant to Sections 42606 and 47634.1, as
13those sections read on January 1, 2013, divided by the 2012-13
14average daily attendance of the charter school. That quotient shall
15be multiplied by the current fiscal year average daily attendance
16of the charter school.
17(f) (1) For purposes of this section, commencing with the
182013-14 fiscal year and until all school districts and charter schools
19equal or exceed their
local control funding formula target computed
20pursuant to Section 42238.02, as determined by the calculation of
21a zero difference pursuant to paragraph (1) of subdivision (b), a
22newly operational charter school shall be determined to have a
23prior yearbegin insert funding amountend insert perbegin insert unit ofend insert average daily attendance
24begin delete funding amountend delete equal to the lesser of:
25(A) The prior year funding amount per unit of average daily
26attendance for the school district in which the charter school is
27physically located. The Superintendent shall calculate the funding
28amount per unit of average daily attendance for this purpose by
29dividing the total local control funding formula entitlement,
30calculated pursuant to subdivisions (a) and (b), received by that
31school district in the prior year by prior year funded average daily
32attendance of that school district. For purposes of this
33subparagraph, a charter school that is physically located in more
34than one school district shall use the calculated local control
35funding entitlement per unit of average daily attendance of the
36school district with the highest prior year funding amount per unit
37of average daily attendance. For purposes of this subparagraph,
38the prior year funding
amount per unit of average daily attendance
39for the school district in which the charter school is physically
P82 1located shall be considered final as of the second principal
2apportionment of the prior fiscal year.
3(B) The charter school’s local control funding formula rate
4computed pursuant to subdivisions (c) to (i), inclusive, of Section
542238.02.
6(2) For charter schools funded pursuant to paragraph (1), the
7charter school shall be eligible to receive growth funding pursuant
8to subdivision (b) toward meeting the newly operational charter
9school’s local control funding formula target.
10(3) Upon a determination that all school districts and charter
11schools equal or exceed the local control funding formula target
12computed pursuant to Section 42238.02, as determined by the
13calculation of a zero difference pursuant to
paragraph (1) of
14subdivision (b) for all school districts and charter schools, this
15subdivision shall not apply and the charter school shall receive an
16allocation equal to the amount calculated under Section 42238.02
17in that fiscal year and future fiscal years.
18(4) For purposes of this subdivision, the determination of a
19charter school’s physical location shall be considered final as of
20the second principal apportionment for the applicable fiscal year.
21(g) (1) In each fiscal year the Superintendent shall determine
22the percentage of school districts that are apportioned funding
23pursuant to this section that is less than the amount computed
24pursuant to Section 42238.02 as of the second principal
25apportionments of the fiscal year. If the percentage is less than 10
26percent, the Superintendent shall apportion funding to school
27districts and charter schools equal
to the amount computed pursuant
28to Section 42238.02 in that fiscal year.
29(2) For each fiscal year thereafter, the Superintendent shall
30apportion funding to a school district and charter school equal to
31the amount computed pursuant to Section 42238.02.
begin insertSection 44235 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
33read:end insert
(a) Fees shall be levied by the commission for the
35issuance and renewal of teaching and service credentials.
36Commencing January 1, 1987, the fee for the issuance and renewal
37of teaching and service credentials shall be fifty dollars ($50). In
38subsequent years, the commission may set a different fee, but in
39no case shall a fee exceedbegin delete seventyend deletebegin insert one hundredend insert dollarsbegin delete ($70)end deletebegin insert ($100)end insert
40 without express legislative approval.
P83 1(b) A single fee, not to exceed the charge for a single
2supplemental credential, shall be charged for all supplemental
3credentials applied for at the same time as a teaching or service
4credential pursuant to subdivision (a).
5(c) Subject to funds being appropriated expressly for this
6purpose in the annual Budget Act, fees authorized by this section
7shall be waived by the commission for first-time teaching credential
8applicants for the following credentials:
9(1) Single subject credential.
10(2) Multiple subject credential.
11(3) Special education credential.
12(4) Specialist instruction credential.
13(d) Annually, as part of the budget review process, the
14Department of Finance shall recommend to the Legislature an
15appropriate credential fee sufficient to generate revenues necessary
16to support the operating budget of the commission plus a prudent
17reserve, as determined by the Department of Finance pursuant to
18subdivision (b) of Section 44234.
begin insertSection 47614.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
20to read:end insert
(a) The Charter School Facility Grant Program is
22hereby established, and shall be administered by the California
23School Finance Authority. The grant program is intended to provide
24assistance with facilities rent and lease costs for pupils in charter
25schools.
26(b) Subject to the annual Budget Act, eligible charter schools
27shall receive an amount of up to, but not more than, seven hundred
28fifty dollars ($750) per unit of average daily attendance, as certified
29at the second principal apportionment, to provide an amount of up
30to, but not more than, 75 percent of the annual facilities rent and
31lease costs for the charter school. In any fiscal year, if the funds
32appropriated for purposes of this section by the annual Budget Act
33are insufficient to fully fund the
approvedbegin delete amountsend delete amounts, the
34California School Finance Authority shall apportion the available
35funds on a pro rata basis.
36(c) For purposes of this section, the California School Finance
37Authority shall do all of the following:
38(1) Inform charter schools of the grant program.
39(2) Upon application by a charter school, determine eligibility,
40based on the geographic location of the charter schoolsite, pupil
P84 1eligibility for free or reduced-price meals, and a preference in
2admissions, as appropriate. Eligibility for funding shall not be
3limited to the grade level or levels served by the school whose
4attendance area is used to determine eligibility. A charter schoolsite
5is eligible for funding pursuant to this section if the charter
6schoolsite meets either of the following
conditions:
7(A) The charter schoolsite is physically located in the attendance
8area of a public elementary school in whichbegin delete 70end deletebegin insert 55end insert percent or more
9of the pupil enrollment is eligible for free or reduced-price meals
10and the charter schoolsite gives a preference in admissions to pupils
11who are currently enrolled in that public elementary school and to
12pupils who reside in the elementary school attendance area where
13the charter schoolsite is located.
14(B) begin delete Seventyend deletebegin insert Fifty-fiveend insert percent or more of the pupil enrollment
15at the charter schoolsite is eligible for free or reduced-price meals.
16(C) In any year in which additional funds remain after state and
17federal funds have been allocated to applicants that meet the
18eligibility criteria in subparagraph (A) or (B), the California School
19Finance Authority shall expand eligibility to additional charter
20schools that are eligible pursuant to subparagraph (B) by reducing
21the free and reduced-price meals threshold one percentage point
22at a time, but in no case below 60 percent.
23(3) Inform charter schools of their grant eligibility.
24(4) Make apportionments to a charter school for eligible
25expenditures according to the following schedule:
26(A) An initial apportionment by August 31 of each fiscal year
27or 30 days after enactment of the annual Budget Act, whichever
28is later, provided the charter school has submitted a timely
29application for funding, as determined by the California School
30Finance Authority. The initial apportionment shall be 50 percent
31of the charter school’s estimated annual entitlement as determined
32by this section.
33(B) A second apportionment by March 1 of each fiscal year.
34This apportionment shall be 75 percent of the charter school’s
35estimated annual entitlement, as adjusted for any revisions in cost,
36enrollment, and other data relevant to computing the charter
37
school’s annual entitlement, less any funding already apportioned
38to the charter school.
39(C) A third apportionment within 30 days of the end of each
40fiscal year or 30 days after receiving the data and documentation
P85 1needed to compute the charter school’s total annual entitlement,
2whichever is later. This apportionment shall be the charter school’s
3total annual entitlement less any funding already apportioned to
4the charter school.
5(D) Notwithstanding subparagraph (A), the initial apportionment
6in the 2013-14 fiscal year shall be made by October 15, 2013, or
7105 days after enactment of the Budget Act of 2013, whichever is
8later.
9(d) For purposes of this section:
10(1) The California School Finance Authority shall use prior year
11data on pupil eligibility for
free or reduced-price mealsbegin delete for theend deletebegin insert to
12determine eligibility pursuant to paragraph (2) of subdivision (c).
13A newend insert charterbegin delete schoolsite andend deletebegin insert school that was not operational in
14theend insert prior yearbegin insert shall be eligible in the current year if it meets the
15free or reduced-price meal eligibility requirements specified in
16paragraph (2) of subdivision (c) based on current year data. Prior
17yearend insert rent or lease costs provided by charter schoolsbegin insert shall be usedend insert
18 to determine eligibility for the grant program untilbegin delete current year actual rent or lease costs become known or until June 30
19data andend delete
20of each fiscal year.
21(2) If prior year rent or lease costs are unavailable, and the
22current year lease and rent costs are not immediately available,
23the California School Finance Authority shall use rent or lease
24cost estimates provided by the charter school.
25(3) The California School Finance Authority shall verify that
26the grant amount awarded to each charter school is consistent with
27eligibility requirements as specified in this section and in
28regulations adopted by the authority. If it is determined by the
29California School Finance Authority that a charter school did not
30receive the proper grant award amount, either the charter school
31shall transfer funds back to the authority as necessary within 60
32days of being notified by the authority, or the
authority shall
33provide an additional apportionment as necessary to the charter
34school within 60 days of notifying the charter school, subject to
35the availability of funds.
36(e) Funds appropriated for purposes of this section shall not be
37apportioned for any of the following:
38(1) Units of average daily attendance generated through
39nonclassroom-based instruction as defined by paragraph (2) of
40subdivision (e) of Section 47612.5 or that does not comply with
P86 1conditions or limitations set forth in regulations adopted by the
2state board pursuant to this section.
3(2) Charter schools occupying existing school district or county
4office of education facilities, except that charter schools shall be
5eligible for the portions of their facilities that are not existing
6school district or county office of education facilities.
7(3) Charter schools receiving reasonably equivalent facilities
8from their chartering authorities pursuant to Section 47614, except
9that charter schools shall be eligible for the portions of their
10facilities that are not reasonably equivalent facilities received from
11their chartering authorities.
12(f) Funds appropriated for purposes of this section shall be used
13for costs associated with facilities rents and leases, consistent with
14the definitions used in the California School Accounting Manual
15or regulations adopted by the California School Finance Authority.
16These funds also may be used for costs, including, but not limited
17to, costs associated with remodeling buildings, deferred
18maintenance, initially installing or extending service systems and
19other built-in equipment, and improving sites.
20(g) If an existing charter
school located in an elementary
21attendance area in which less than 50 percent of pupil enrollment
22is eligible for free or reduced-price meals relocates to an attendance
23area identified in paragraph (2) of subdivision (c), admissions
24preference shall be given to pupils who reside in the elementary
25school attendance area into which the charter school is relocating.
26(h) The California School Finance Authority annually shall
27report to the department and the Director of Finance, and post
28information on its Internet Web site, regarding the use of funds
29that have been made available during the fiscal year to each charter
30school pursuant to the grant program.
31(i) The California School Finance Authority shall annually
32allocate the facilities grants to eligible charter schools according
33to the schedule in paragraph (4) of subdivision (c) for the current
34school year rent and lease costs.
However, the California School
35Finance Authority shall first use the funding appropriated for this
36program to reimburse eligible charter schools for unreimbursed
37rent or lease costs for the prior school year.
38(j) It is the intent of the Legislature that the funding level for
39the Charter School Facility Grant Program for the 2012-13 fiscal
P87 1year be considered the base level of funding for subsequent fiscal
2years.
3(k) The Controller shall include instructions appropriate to the
4enforcement of this section in the audit guide required by
5subdivision (a) of Section 14502.1.
6begin delete(l)end deletebegin insert (end insertbegin insertlend insertbegin insert )end insert The California School Finance Authority, effective with
7the 2013-14 fiscal year, shall be considered the senior creditor for
8purposes of satisfying audit findings pursuant to the audit
9instructions to be developed pursuant to subdivision (k).
10(m) The California School Finance Authority may adopt
11regulations to implement this section. Any regulations adopted
12pursuant to this section may be adopted as emergency regulations
13in accordance with the Administrative Procedure Act (Chapter 3.5
14(commencing with Section 11340) of Part 1 of
Division 3 of the
15Title 2 of the Government Code). The adoption of these regulations
16shall be deemed to be an emergency and necessary for the
17immediate preservation of the public peace, health and safety, or
18general welfare.
19(n) Notwithstanding any other law, a charter school shall be
20subject, with regard to this section, to audit conducted pursuant to
21Section 41020.
begin insertSection 48000 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
23read:end insert
(a) A child shall be admitted to a kindergarten
25maintained by the school district at the beginning of a school year,
26or at a later time in the samebegin delete yearend deletebegin insert year,end insert if the child will have his
27or her fifth birthday on or before one of the following dates:
28(1) December 2 of the 2011-12 school year.
29(2) November 1 of the 2012-13 school year.
30(3) October 1 of the 2013-14 school year.
31(4) September 1 of the 2014-15 school year and each school
32year thereafter.
33(b) The governing board ofbegin insert the school district ofend insert a school district
34maintaining one or more kindergartens may, on a
case-by-case
35basis, admit to a kindergarten a child having attained the age of
36five years at any time during the school year with the approval of
37the parent or guardian, subject to the following conditions:
38(1) The governing boardbegin insert of the school districtend insert determines that
39the admittance is in the best interests of the child.
P88 1(2) The parent or guardian is given information regarding the
2advantages and disadvantages and any other explanatory
3information about the effect of this early admittance.
4(c) As a condition of receipt of apportionment for pupils in a
5transitional kindergarten program pursuant to Section 46300,begin insert and
6Chapter 3
(commencing with Section 47610) of Part 26.8, as
7applicable,end insert a school district or charter school shall ensure the
8following:
9(1) In the 2012-13 school year, a child who will have his or her
10fifth birthday between November 2 and December 2 shall be
11admitted to a transitional kindergarten program maintained by the
12schoolbegin delete district.end deletebegin insert district or charter school.end insert
13(2) In the 2013-14 school year, a child who will have his or her
14fifth birthday between October 2 and December 2 shall be admitted
15to a transitional kindergarten program maintained by the school
16begin delete district.end deletebegin insert district or charter school.end insert
17(3) begin insert (A)end insertbegin insert end insert In the 2014-15 school year and each school year
18thereafter, a child who will have his or her fifth birthday between
19September 2 and December 2 shall be admitted to a transitional
20kindergarten program maintained by the schoolbegin delete district.end deletebegin insert district
21or charter school.end insert
22(B) (i) For the 2015-16 school year and each school year
23thereafter, a school district or charter school may, at any time
24during a school year, admit a child to a transitional kindergarten
25program who will have his or her fifth birthday after December 2
26but during that same school year, with the approval of the parent
27or guardian, subject to the following conditions:
28(I) The governing board of the school district or the governing
29body of the charter school determines that
the admittance is in the
30best interests of the child.
31(II) The parent or guardian is given information regarding the
32advantages and disadvantages and any other explanatory
33information about the effect of this early admittance.
34(ii) Notwithstanding any other law, a pupil admitted to a
35transitional kindergarten program pursuant to clause (i) shall not
36generate average daily attendance for purposes of Section 46300,
37or be included in the enrollment or unduplicated pupil count
38pursuant to Section 42238.02, until the pupil has attained his or
39her fifth birthday, regardless of when the pupil was admitted during
40the school year.
P89 1(d) For purposes of this section, “transitional kindergarten”
2means the first year of a two-year kindergarten program that uses
3a modified kindergarten curriculum that is age and developmentally
4appropriate.
5(e) A transitional kindergarten shall not be construed as a new
6program or higher level of service.
7(f) It is the intent of the Legislature that transitional kindergarten
8curriculum be aligned to the California Preschool Learning
9Foundations developed by the department.
10(g) As a condition of receipt of apportionment for pupils in a
11transitional kindergarten program pursuant to Section 46300, a
12school district or charter school shall ensure that credentialed
13teachers who are first assigned to a transitional kindergarten
14classroom after July 1, 2015, have,
by August 1, 2020, one of the
15following:
16(1) At least 24 units in early childhood education, or childhood
17development, or both.
18(2) As determined by the local educational agency employing
19the teacher, professional experience in a classroom setting with
20preschool age children that is comparable to the 24 units of
21education described in paragraph (1).
22(3) A child development teacher permit issued by the
23Commission on Teacher Credentialing.
begin insertSection 49430.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
25to read:end insert
(a) The reimbursement a school receives for free and
27reduced-price meals sold or served to pupils in elementary, middle,
28or high schools included within a school district, charter school,
29or county office of education shall be twenty-two andbegin delete forty-eightend delete
30begin insert seventy-oneend insert hundredths centsbegin delete ($0.2248)end deletebegin insert ($0.2271)end insert per meal, and,
31for meals served in child care centers and homes, the
32reimbursement shall be sixteen andbegin delete seventy-fourend deletebegin insert ninety-oneend insert
33 hundredths centsbegin delete ($0.1674)end deletebegin insert ($0.1691)end insert per meal.
34(b) To qualify for the reimbursement for free and reduced-price
35meals provided to pupils in elementary, middle, or high schools,
36a school shall follow the Enhanced Food Based Meal Pattern,
37Nutrient Standard Meal Planning, or Traditional Meal Pattern
38developed by the United States Department of Agriculture or the
39SHAPE Menu Patterns developed by the state.
P90 1(c) The reimbursement rates set forth in this section shall be
2adjusted annually for increases in cost of living in the same manner
3set forth in Section 42238.1.
begin insertSection 51745.6 of the end insertbegin insertEducation Codeend insertbegin insert is amended
5to read:end insert
(a) (1) The ratio of average daily attendance for
7independent study pupils 18 years of age or less to school district
8full-time equivalent certificated employees responsible for
9independent study, calculated as specified by the department, shall
10not exceed the equivalent ratio of average daily attendance to
11full-time equivalent certificated employees providing instruction
12in other educational programs operated by the school district,
13unless a new higher or lower average daily attendance ratio for
14all other educational programs offered is negotiated in a collective
15bargaining agreement or a memorandum of understanding is
16entered into that indicates an existing collective bargaining
17agreement contains an alternative
average daily attendance ratio.
18(a)
end delete
19begin insert(2)end insert begin delete (1)end deletebegin delete end deletebegin delete end deletebegin delete end delete The ratio of average daily attendance for independent
20study pupils 18 years of age or less tobegin delete school district full-time county office
21equivalent certificated employees responsible for independent
22study, for the applicable grade span, calculated as specified by the
23department, shall not exceed the equivalent ratio of pupils to
24full-time certificated employees for all other educational programs
25operated by the school district for the applicable grade span, unless
26a new higher or lower grade span ratio for all other educational
27programs offered within the respective grade span is negotiated
28in a collective bargaining agreement or a memorandum of
29understanding is entered into that indicates an existing collective
30bargaining agreement contains an alternative grade span ratio for
31the applicable grade span. The ratio of average daily attendance
32for independent study pupils 18 years of age or less toend delete
33of education full-time equivalent certificated employees responsible
34for independent study,begin delete for the applicable grade span,end delete to be
35calculated in a manner prescribed by the department, shall not
36exceed the equivalentbegin insert prior yearend insert ratio ofbegin delete pupilsend deletebegin insert average daily
37attendanceend insert to full-timebegin insert equivalentend insert certificated employees for all
38other educational programs operated by the high school or unified
39school district with the largest average daily attendance of pupils
40in that countybegin delete forend deletebegin insert orend insert thebegin delete applicable grade span,end deletebegin insert collectively
P91 1bargained alternative ratio used by that high school or unified
2school district in the prior year,end insert unless a new higher or lowerbegin delete grade begin insert average daily attendanceend insert ratio for all other educational
3spanend delete
4programs offeredbegin delete within the respective grade spanend delete is negotiated
5in a collective bargaining agreement or a memorandum of
6understanding is entered into that indicates an existing collective
7bargaining agreement contains an alternativebegin delete grade span ratio for begin insert average daily attendance ratio.end insert The
8the applicable grade span.end delete
9computation of the ratios shall be performed annually by the
10reporting agency at the time of, and in connection with, the second
11principal apportionment report to the Superintendent.
12(2) For purposes of this section, the following grade spans shall
13apply:
14(A) Kindergarten and grades 1 to 3, inclusive.
end delete15(B) Grades 4 to 6, inclusive.
end delete16(C) Grades 7 to 8, inclusive.
end delete17(D) Grades 9 to 12, inclusive.
end delete
18(b) Only those units of average daily attendance for independent
19study that reflect a pupil-teacher ratio that does not exceed the
20begin delete applicable grade spanend delete ratios described in subdivision (a) shall be
21eligible for apportionment pursuant to Section 2575, for county
22offices of education, and Section 42238.05, for school districts.
23Nothing in this section shall prevent a school district or county
24office of education from serving additional units of average daily
25attendance greater than thebegin delete applicable grade spanend delete ratios described
26in subdivision (a), except that those additional units shall not be
27funded pursuant to Section 2575 or 42238.05, as applicable. If a
28school district, charter school, or county office of education has a
29memorandum of understanding to provide instruction in
30coordination with the school district, charter school, or county
31office of education at which a pupil is enrolled,begin delete thenend delete thebegin delete applicable ratios that shall apply for purposes of this paragraph
32grade spanend delete
33are the ratios for the local educational agency providing the
34independent study program to the pupil pursuant to Section
3551749.5.
36(c) The calculations performed for purposes of this section shall
37not include either of the following:
38(1) The average daily attendance generated by special education
39pupils enrolled in special day classes on a full-time basis, or the
40teachers of those classes.
P92 1(2) The average daily attendance or teachers in necessary small
2schools that are eligible to receive funding pursuant to Article 4
3(commencing with Section 42280) of Chapter 7 of Partbegin delete 24.end deletebegin insert 24 of
4Division 3.end insert
5(d) The applicablebegin delete pupils-to-certificated-employee grade spanend delete
6begin insert average-daily-attendance-to-certificated-employeeend insert ratios described
7in subdivision (a) may, in a charter school, be calculated by using
8a fixedbegin delete pupils-to-certificated-employeeend deletebegin insert average-daily-attendance-to-certificated-employeeend insert ratio of 25 to 1, or bybegin delete beingend deletebegin insert usingend insert a ratio of less than 25 pupils per certificated employee.begin insert A new higher or lower ratio for all other educational programs offered by a charter school may be negotiated in a collective bargaining agreement, or a memorandum of understanding indicating that an existing collective bargaining agreement contains an alternative average daily attendance ratio may be entered into by a charter school.end insert All charter school pupils, regardless of age, shall be included in the applicablebegin delete pupil-to-certificated-employee grade spanend deletebegin insert average-daily-attendance-to-certificate-employeeend insert ratio calculations.
begin insertSection 52052 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert
(a) (1) The Superintendent, withbegin insert theend insert approval of the
23state board, shall develop an Academic Performance Index (API),
24to measure the performance of schools and school districts,
25especially the academic performance of pupils.
26(2) A school or school district shall demonstrate comparable
27improvement in academic achievement as measured by the API
28by all numerically significant pupil subgroups at the school or
29school district, including:
30(A) Ethnic subgroups.
31(B) Socioeconomically disadvantaged pupils.
32(C) English learners.
33(D) Pupils with disabilities.
34(E) Foster youth.
begin insert35(F) Homeless youth.
end insert
36(3) (A) For purposes of this section, a numerically significant
37pupil subgroup is one that consists of at least 30 pupils, each of
38whom has a valid test score.
P93 1(B) Notwithstanding subparagraph (A), for a subgroup of pupils
2who are fosterbegin insert youth or homelessend insert youth, a numerically significant
3pupil subgroup is
one that consists of at least 15 pupils.
4(C) For a school or school district with an API score that is
5based on no fewer than 11 and no more than 99 pupils with valid
6test scores, numerically significant pupil subgroups shall be defined
7by the Superintendent, with approval by the state board.
8(4) (A) The API shall consist of a variety of indicators currently
9reported to the department, including, but not limited to, the results
10of the achievement test administered pursuant to Section 60640,
11attendance rates for pupils in elementary schools, middle schools,
12and secondary schools, and the graduation rates for pupils in
13secondary schools.
14(B) The Superintendent, with the approval of the state board,
15may also incorporate into the API the rates at which pupils
16successfully promote from one grade to
the next in middle school
17and high school, and successfully matriculate from middle school
18to high school.
19(C) Graduation rates for pupils in secondary schools shall be
20calculated for the API as follows:
21(i) Four-year graduation rates shall be calculated by taking the
22number of pupils who graduated on time for the current school
23year, which is considered to be three school years after the pupils
24entered grade 9 for the first time, and dividing that number by the
25total calculated in clause (ii).
26(ii) The number of pupils entering grade 9 for the first time in
27the school year three school years before the current school year,
28plus the number of pupils who transferred into the class graduating
29at the end of the current school year between the school year that
30was three school years before the current school year and the
date
31of graduation, less the number of pupils who transferred out of the
32school between the school year that was three school years before
33the current school year and the date of graduation who were
34members of the class that is graduating at the end of the current
35school year.
36(iii) Five-year graduation rates shall be calculated by taking the
37number of pupils who graduated on time for the current school
38year, which is considered to be four school years after the pupils
39entered grade 9 for the first time, and dividing that number by the
40total calculated in clause (iv).
P94 1(iv) The number of pupils entering grade 9 for the first time in
2the school year four years before the current school year, plus the
3number of pupils who transferred into the class graduating at the
4end of the current school year between the school year that was
5four school years before the current school year and
the date of
6graduation, less the number of pupils who transferred out of the
7school between the school year that was four years before the
8current school year and the date of graduation who were members
9of the class that is graduating at the end of the current school year.
10(v) Six-year graduation rates shall be calculated by taking the
11number of pupils who graduated on time for the current school
12year, which is considered to be five school years after the pupils
13entered grade 9 for the first time, and dividing that number by the
14total calculated in clause (vi).
15(vi) The number of pupils entering grade 9 for the first time in
16the school year five years before the current school year, plus the
17number of pupils who transferred into the class graduating at the
18end of the current school year between the school year that was
19five school years before the current school year and the date
of
20graduation, less the number of pupils who transferred out of the
21school between the school year that was five years before the
22current school year and the date of graduation who were members
23of the class that is graduating at the end of the current school year.
24(D) The inclusion of five- and six-year graduation rates for
25pupils in secondary schools shall meet the following requirements:
26(i) Schools and school districts shall be granted one-half the
27credit in their API scores for graduating pupils in five years that
28they are granted for graduating pupils in four years.
29(ii) Schools and school districts shall be granted one-quarter the
30credit in their API scores for graduating pupils in six years that
31they are granted for graduating pupils in four years.
32(iii) Notwithstanding clauses (i) and (ii), schools and school
33districts shall be granted full credit in their API scores for
34graduating in five or six years a pupil with disabilities who
35graduates in accordance with his or her individualized education
36program.
37(E) The pupil data collected for the API that comes from the
38achievement test administered pursuant to Section 60640 and the
39high school exit examination administered pursuant to Section
4060851, when fully implemented, shall be disaggregated by special
P95 1education status, English learners, socioeconomic status, gender,
2and ethnic group. Only the test scores of pupils who were counted
3as part of the enrollment in the annual data collection of the
4California Basic Educational Data System for the current fiscal
5year and who were continuously enrolled during that year may be
6included in the test result reports in the API score of the school.
7(F) (i) Commencing with the baseline API calculation in 2016,
8and for each year thereafter, results of the achievement test and
9other tests specified in subdivision (b) shall constitute no more
10than 60 percent of the value of the index for secondary schools.
11(ii) In addition to the elements required by this paragraph, the
12Superintendent, withbegin insert theend insert approval of the state board, may
13incorporate into the index for secondary schools valid, reliable,
14and stable measures of pupil preparedness for postsecondary
15education and career.
16(G) Results of the achievement test and other tests specified in
17subdivision (b) shall constitute at least 60 percent of the value of
18the index for
primary schools and middle schools.
19(H) It is the intent of the Legislature that the state’s system of
20public school accountability be more closely aligned with both the
21public’s expectations for public education and the workforce needs
22of the state’s economy. It is therefore necessary that the
23accountability system evolve beyond its narrow focus on pupil test
24scores to encompass other valuable information about school
25performance, including, but not limited to, pupil preparedness for
26college and career, as well as the high school graduation rates
27already required by law.
28(I) The Superintendent shall annually determine the accuracy
29of the graduation rate data. Notwithstanding any other law,
30graduation rates for pupils in dropout recovery high schools shall
31not be included in the API. For purposes of this subparagraph,
32“dropout recovery high school” means a high school in which 50
33
percent or more of its pupils have been designated as dropouts
34pursuant to the exit/withdrawal codes developed by the department
35or left a school and were not otherwise enrolled in a school for a
36period of at least 180 days.
37(J) To complement the API, the Superintendent, with the
38approval of the state board, may develop and implement a program
39of school quality review that features locally convened panels to
40visit schools, observe teachers, interview pupils, and examine pupil
P96 1work, if an appropriation for this purpose is made in the annual
2Budget Act.
3(K) The Superintendent shall annually provide to local
4educational agencies and the public a transparent and
5understandable explanation of the individual components of the
6API and their relative values within the API.
7(L) An additional element chosen by the
Superintendent and
8the state board for inclusion in the API pursuant to this paragraph
9shall not be incorporated into the API until at least one full school
10year after the state board’s decision to include the element into the
11API.
12(b) Pupil scores from the following tests, when available and
13when found to be valid and reliable for this purpose, shall be
14incorporated into the API:
15(1) The standards-based achievement tests provided for in
16Section 60642.5.
17(2) The high school exit examination.
18(c) Based on the API, the Superintendent shall develop, and the
19state board shall adopt, expected annual percentage growth targets
20for all schools based on their API baseline score from the previous
21year. Schools are expected to meet these growth targets through
22
effective allocation of available resources. For schools below the
23statewide API performance target adopted by the state board
24pursuant to subdivision (d), the minimum annual percentage growth
25target shall be 5 percent of the difference between the actual API
26score of a school and the statewide API performance target, or one
27API point, whichever is greater. Schools at or above the statewide
28API performance target shall have, as their growth target,
29maintenance of their API score above the statewide API
30performance target. However, the state board may set differential
31growth targets based on grade level of instruction and may set
32higher growth targets for the lowest performing schools because
33they have the greatest room for improvement. To meet its growth
34target, a school shall demonstrate that the annual growth in its API
35is equal to or more than its schoolwide annual percentage growth
36target and that all numerically significant pupil subgroups, as
37defined in subdivision (a), are making comparable
improvement.
38(d) Upon adoption of state performance standards by the state
39board, the Superintendent shall recommend, and the state board
40shall adopt, a statewide API performance target that includes
P97 1consideration of performance standards and represents the
2proficiency level required to meet the state performance target.
3(e) (1) A school or school district with 11 to 99 pupils with
4valid test scores shall receive an API score with an asterisk that
5indicates less statistical certainty than API scores based on 100 or
6more test scores.
7(2) A school or school district annually shall receive an API
8score, unless the Superintendent determines that an API score
9would be an invalid measure of the performance of the school or
10school district for one or more of the following reasons:
11(A) Irregularities in testing procedures occurred.
12(B) The data used to calculate the API score of the school or
13school district are not representative of the pupil population at the
14school or school district.
15(C) Significant demographic changes in the pupil population
16render year-to-year comparisons of pupil performance invalid.
17(D) The department discovers or receives information indicating
18that the integrity of the API score has been compromised.
19(E) Insufficient pupil participation in the assessments included
20in the API.
21(F) A transition to new standards-based assessments
22compromises comparability of results across schools
or school
23districts. The Superintendent may use the authority in this
24subparagraph in the 2013-14 and 2014-15 school years only, with
25begin insert theend insert approval of the state board.
26(3) If a school or school district has fewer than 100 pupils with
27valid test scores, the calculation of the API or adequate yearly
28progress pursuant to the federal No Child Left Behind Act of 2001
29(20 U.S.C. Sec. 6301 et seq.) and federal regulations may be
30calculated over more than one annual administration of the tests
31administered pursuant to Section 60640 and the high school exit
32examination administered pursuant to Section 60851, consistent
33with regulations adopted by the state board.
34(4) Any school or school district that does not receive an API
35calculated pursuant to subparagraph (F) of paragraph (2)
shall not
36receive an API growth target pursuant to subdivision (c). Schools
37and school districts that do not have an API calculated pursuant
38to subparagraph (F) of paragraph (2) shall use one of the following:
39(A) The most recent API calculation.
40(B) An average of the three most recent annual API calculations.
P98 1(C) Alternative measures that show increases in pupil academic
2achievement for all groups of pupils schoolwide and among
3significant subgroups.
4(f) Only schools with 100 or more test scores contributing to
5the API may be included in the API rankings.
6(g) The Superintendent, with the approval of the state board,
7shall develop an alternative accountability system for schools under
8the
jurisdiction of a county board of education or a county
9superintendent of schools, community day schools, nonpublic,
10nonsectarian schools pursuant to Section 56366, and alternative
11schools serving high-risk pupils, including continuation high
12schools and opportunity schools. Schools in the alternative
13accountability system may receive an API score, but shall not be
14included in the API rankings.
15(h) For purposes of this section, county offices of education
16shall be considered school districts.
17(i) For purposes of this section, “homeless youth” has the same
18meaning as in Section 11434a(2) of Title 42 of the United States
19Code.
begin insertSection 52064.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
21to read:end insert
(a) On or before October 1,begin delete 2015,end deletebegin insert 2016,end insert the state
23board shall adopt evaluation rubrics for all of the following
24purposes:
25(1) To assist a school district, county office of education, or
26charter school in evaluating its strengths, weaknesses, and areas
27that require improvement.
28(2) To assist a county superintendent of schools in identifying
29school districts and charter schools in need of technical assistance
30pursuant to Section 52071 or 47607.3, as applicable, and the
31specific priorities upon which the technical assistance should be
32focused.
33(3) To assist the Superintendent in identifying school districts
34for which intervention pursuant to Section 52072 is warranted.
35(b) The evaluation rubrics shall reflect a holistic,
36multidimensional assessment of school district and individual
37schoolsite performance and shall include all of the state priorities
38described in subdivision (d) of Section 52060.
39(c) As part of the evaluation rubrics, the state board shall adopt
40standards for school district and individual schoolsite performance
P99 1andbegin delete expectationend deletebegin insert expectationsend insert for improvement in regard to each
2of the state priorities described in subdivision (d) of Section 52060.
begin insertSection 52501.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended
4to read:end insert
(a) Except as provided in subdivision (b),begin delete noend delete revenue
6derived from the average daily attendance of adult education
7programs shallbegin insert notend insert be expended for other than adult education
8begin delete purposes, nor shall revenue derived from other average daily purposes.
9attendance be expended for adult educationend delete
10(b) When a district’s adult revenue limit as allowed by Section
1152616 is composed of average daily attendance from both a
12regional occupational center or program and an adult education
13program, the adult revenue limit income may be allocated to each
14program in a proportion other than the amount of adult revenue
15limit per average daily attendance otherwise allocable thereto.
begin insertSection 52616 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
17read:end insert
(a) Notwithstanding any otherbegin delete provision ofend delete law,
19commencing July 1, 1993, the Superintendentbegin delete of Public Instructionend delete
20 shall determine an adult block entitlement, to be paid from
21appropriations to Section A of the State School Fund as part of the
22principal apportionment to school districts, for those school districts
23that maintain education programs for adults by multiplying the
24adult education revenue limit per unit of average daily attendance
25determined pursuant to Section 52616.16 and the adult education
26average daily attendance determined pursuant to Section 52616.17.
27(b) The adult block entitlement shall be deposited in a separate
28fund of the school district to be known as the “adult education
29fund.” Money in an adult education fund shall be expended only
30for adult education purposes.begin delete Moneysend deletebegin insert Except for moneysend insert received
31begin insert pursuant to the local control funding formula, moneys receivedend insert
32 for programs other than adult education shall not be expended for
33adult education.
begin insertSection 53011 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
35read:end insert
Contingent upon funding provided for this purpose in
37the annual Budget Act, the department shall administer the
38California Career Pathways Trust as a competitive grant program
39for kindergarten and grades 1 to 14, inclusive.begin insert Funds appropriated
40in Item 6110-280-0001 of Section 2.00 of the Budget Act of 2014
P100 1shall be available for expenditure in the 2014-15 fiscal year to
2the 2016-17 fiscal year, inclusive.end insert Recipients shall do all of the
3following:
4(a) Prioritize work-based learning opportunities, as defined in
5Section 51760.1, for pupils and students in partnership with
6regional business and industry, state and local governmental
7entities, and nonprofit and community-based
organizations.
8(b) Define the labor market of the regional economy in a manner
9that identifies high-skill, high-wage, high-growth jobs in the current
10regional economy or in emerging economic sectors.
11(c) Establish or strengthen existing regional collaborative
12relationships and partnerships among business entities, schools
13serving pupils in kindergarten and grades 1 to 12, inclusive, and
14postsecondary educational agencies, organizations that provide
15apprenticeship opportunities, and nonprofit or government entities.
16(d) Develop and integrate standards-based academics with a
17career-relevant, sequenced curriculum following industry-themed
18pathways that are aligned to high-skill, high-wage, high-growth
19jobs in the current regional economy, or in emerging regional
20economic sectors.
21(e) Provide articulated pathways from high school to
22postsecondary education and training that are aligned with the
23workforce development needs of regional economies.
24(f) Ensure that career pathway programs are designed and
25implemented in a manner that leads students to a postsecondary
26degree or certification in a high-skill, high-wage, and high-growth
27or emerging field.
28(g) Leverage and build on any of the following:
29(1) Existing structures, requirements, and resources of the Carl
30D. Perkins Career and Technical Education Improvement Act of
312006, California Partnership Academies, and Regional
32Occupational Centers and Programs.
33(2) The California Community Colleges Economic and
34Workforce
Development Program.
35(3) Matching resources and in-kind contributions from public,
36private, and philanthropic sources.
begin insertChapter 16.5 (commencing with Section 53070) is
38added to Part 28 of Division 4 of Title 2 of the end insertbegin insertEducation Codeend insertbegin insert,
39to read:end insert
P101 1
(a) The California Career Technical Education
6 Incentive Grant Program is hereby established as a state education,
7economic, and workforce development initiative with the goal of
8providing pupils in kindergarten and grades 1 to 12, inclusive,
9with the knowledge and skills necessary to transition to employment
10and postsecondary education. The purpose of this program is to
11encourage and maintain the delivery of career technical education
12programs during implementation of the school district and charter
13school local control funding formula pursuant to Section 42238.02.
14There is hereby appropriated to the department from the General
15Fund for the program established pursuant to this chapter the
16following amounts:
17(1) For
the 2015-16 fiscal year, four hundred million dollars
18($400,000,000).
19(2) For the 2016-17 fiscal year, three hundred million dollars
20($300,000,000).
21(3) For the 2017-18 fiscal year, two hundred million dollars
22($200,000,000).
23(b) Of the amounts appropriated in paragraphs (1) through (3),
24inclusive, of subdivision (a), 4 percent is designated for applicants
25with average daily attendance of less than or equal to 140, 8
26percent is designated for applicants with average daily attendance
27of more than 140 and less than or equal to 550, and 88 percent is
28designated for applicants with average daily attendance of more
29than 550. For purposes of this section, average daily attendance
30shall be those figures that are reported at the time of the second
31principal apportionment for the previous fiscal year for pupils in
32grades 7 to
12, inclusive. For any applicant consisting of more
33than one school district, county office of education, charter school,
34or regional occupational center or program operated by a joint
35powers authority, or of any combination of those entities, the sum
36of the average daily attendance for each of the constituent entities
37shall be used for purposes of this subdivision.
The department shall administer this program as a
39competitive grant program. An applicant shall demonstrate all of
40the following to be considered for a grant award:
P102 1(a) (1) A proportional dollar-for-dollar match as follows for
2any funding received from this program:
3(A) For the fiscal year beginning July 1, 2015, one dollar ($1)
4for every one dollar ($1) received from this program.
5(B) For the fiscal year beginning July 1, 2016, one dollar and
6fifty cents ($1.50) for every one dollar ($1) received from this
7program.
8(C) For the fiscal year beginning
July 1, 2017, two dollars ($2)
9for every one dollar ($1) received from this program.
10(2) That local match may include funding from school district
11and charter school local control funding formula apportionments
12pursuant to Section 42238.02, the federal Carl D. Perkins Career
13and Technical Education Improvement Act of 2006, the California
14Partnership Academies, the Agricultural Career Technical
15Education Incentive Grant, or any other source except as provided
16in paragraph (3).
17(3) That local match shall not include funding from the
18California Career Pathways Trust established pursuant to Section
1953010.
20(b) At least a three-year plan for continued support of career
21technical education programs after grant funding expires. The
22plan, at a minimum, shall include the identification of available
23funding within an
applicant’s current or projected budget to
24continue to support career technical education programs and a
25written commitment to do so. If an applicant consisting of more
26than one school district, county office of education, charter school,
27or regional occupational center or program operated by a joint
28powers authority, or any combination of these entities, is applying
29for grant funding from this program, identification of available
30funding and a written commitment must be demonstrated by each
31participating constituent entity.
32(c) The applicant, or the applicant’s career technical education
33program, as applicable, meets all of the following minimum
34eligibility standards:
35(1) Offers high quality curriculum and instruction aligned with
36the California Career Technical Education Model Curriculum
37Standards, including, but not limited to, providing a coherent
38sequence of career technical
education courses that enable pupils
39to transition to postsecondary education programs that lead to a
P103 1career pathway or attain employment upon graduation from high
2school.
3(2) Provides pupils with quality career exploration and
4guidance.
5(3) Provides pupil support services, including counseling and
6leadership development.
7(4) Provides for system alignment, coherence, and articulation,
8including ongoing and structural regional or local partnerships
9with postsecondary educational institutions, documented through
10formal written agreements.
11(5) Forms ongoing and structural industry and labor
12partnerships, documented through formal written agreements and
13through participation on advisory committees.
14(6) Provides opportunities for pupils to participate in after
15school, extended day, and out-of-school internships, competitions,
16and other work-based learning opportunities.
17(7) Reflects regional or local labor market demands and focuses
18on current or emerging high-skill, high-wage, or high-demand
19occupations.
20(8) Leads to an industry-recognized credential or certificate,
21or appropriate postsecondary training or employment.
22(9) Is staffed by skilled teachers or faculty and provides
23professional development opportunities for those teachers or
24faculty members.
25(10) (A) Reports data, as a program participation requirement,
26to allow for an evaluation of the program.
27(B) Data reported pursuant to this paragraph shall include, but
28not be limited to, metrics aligned with the core metrics required
29by the federal Workforce Innovation and Opportunity Act and the
30quality indicators described in the California State Plan for Career
31Technical Education required by the federal Carl D. Perkins
32Career and Technical Education Improvement Act of 2006, and
33the following metrics:
34(i) The number of pupils completing high school.
35(ii) The number of pupils completing career technical education
36coursework.
37(iii) The number of pupils obtaining an industry-recognized
38credential, certificate, license, or other measure of technical skill
39attainment.
P104 1(iv) The number of former
pupils employed and the types of
2businesses in which they are employed.
3(v) The number of former pupils enrolled in a postsecondary
4educational institution, a state apprenticeship program, or another
5form of job training.
A grant recipient under this chapter may consist of one
7or more, or any combination, of the following:
8(a) School districts.
9(b) County offices of education.
10(c) Charter schools.
11(d) Regional occupational centers or programs operated by
12joint powers authorities, provided that the application has the
13written consent of each participating local educational agency.
(a) An applicant receiving a grant from this program
15in the 2015-16 fiscal year shall be eligible to receive a renewal
16grant in the 2016-17 fiscal year and in the 2017-18 fiscal year.
17An applicant that does not receive a grant in the 2015-16 fiscal
18year, but receives a grant in the 2016-17 fiscal year, shall be
19eligible to receive a renewal grant in the 2017-18 fiscal year. No
20applicant shall be eligible for a renewal grant in the 2018-19
21fiscal year.
22(b) (1) The department, in collaboration with the state board,
23shall determine renewal grant eligibility using metrics identified
24pursuant to paragraph (10) of subdivision (c) of Section 53071.
25(2) If an
applicant for a renewal grant is subject to the
26requirements of Sections 52060 and 52061, Sections 52066 and
2752067, or Section 47606.5, the inclusion of career technical
28education programs in the applicant’s local control and
29accountability plan shall be required to be eligible for a renewal
30grant.
The department shall consult with entities having career
32technical education expertise, including, but not necessarily limited
33to, the Chancellor of the California Community Colleges, state
34workforce investment organizations, and organizations
35representing business in the development of the request for grant
36applications and in the consideration of grant applications under
37this chapter. The department shall annually submit its list of
38recommended new and renewal grant recipients to the state board
39for review and approval before making annual grant awards.
(a) When determining grant recipients, the department
2and the state board shall do both of the following:
3(1) Give positive consideration to each of the following
4characteristics in an applicant:
5(A) Did not operate a career technical education program
6during the 2014-15 fiscal year.
7(B) Serving unduplicated pupils as defined in Section 42238.02.
8(C) Serving pupil subgroups that have higher than average
9dropout rates as identified by the Superintendent.
10(D) Located in an area of the
state with a high unemployment
11rate.
12(2) Give positive consideration to programs to the extent they
13do any of the following:
14(A) Successfully leverage one or both of the following:
15(i) Existing structures, requirements, and resources of the
16federal Carl D. Perkins Career and Technical Education
17Improvement Act of 2006, California Partnership Academies, or
18Agricultural Career Technical Education Incentive Grants.
19(ii) Contributions from industry, labor, and philanthropic
20sources.
21(B) Engage in regional collaboration with postsecondary
22education or other local educational agencies.
23(C) Make significant investment in career
technical education
24infrastructure and equipment.
25(D) Operate within rural school districts.
26(b) When determining grant recipients, the department and the
27state board shall give greatest weight to the applicant
28characteristics included in paragraph (1) of subdivision (a).
For purposes of administering the program established
30by this chapter, the Superintendent may do any of the following:
31(a) Determine, in collaboration with the executive director of
32the state board, specific funding amounts and the number of grants
33to be awarded.
34(b) Distribute funding on a multiyear schedule, establish a
35process for monitoring the use of the funding, and, if necessary,
36cease distribution of funding and recover previously distributed
37funding in the case of a recipient’s failure to comply with a grant
38prerequisite or minimum standard.
39(c) Require grant recipients to submit program reports.
P106 1(d) Set aside up to 1 percent of the total amount provided for
2the program for one or both of the following purposes:
3(1) To provide planning grants.
4(2) To contract with a local educational agency for the provision
5of technical assistance to applicants and grant recipients.
begin insertSection 60212 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
7read:end insert
For purposes of adopting basic instructional materials
9for history-social science pursuant to Section 60200, all of the
10following shall apply:
11(a) (1) The department shall provide notice, pursuant to
12paragraph (2), to all publishers or manufacturers known to
13produce basic instructional materials in that subject, post an
14appropriate notice on the Internet Web site of the department, and
15take other reasonable measures to ensure that appropriate notice
16is widely circulated to potentially interested publishers and
17manufacturers.
18(2) The notice shall specify that each publisher or manufacturer
19choosing to participate in the adoption process shall be assessed
20a fee based on the number of programs the
publisher or
21manufacturer indicates will be submitted for review and the number
22of grade levels proposed to be covered by each program.
23(b) The department, before incurring substantial costs for the
24adoption process, shall require that a publisher or manufacturer
25that wishes to participate in the adoption process first declare the
26intent to submit one or more specific programs for adoption and
27specify the specific grade levels to be covered by each program.
28(c) After a publisher or manufacturer has declared its intent to
29submit one or more programs and the grade levels to be covered
30by each program, the department shall assess a fee that shall be
31payable by the publisher or manufacturer even if the publisher or
32manufacturer subsequently chooses to withdraw a program or
33reduce the number of grade levels covered.
34(d) The fee assessed pursuant to subdivision (c) shall be in an
35amount that does not exceed the reasonable costs to the department
36in conducting the adoption process. The department shall take
37reasonable steps to limit costs of the adoption and to keep the fee
38modest.
P107 1(e) A submission by a publisher or manufacturer shall not be
2reviewed for purposes of adoption until the fee assessed pursuant
3to subdivision (c) has been paid in full.
4(f) (1) Upon the request of a small publisher or small
5manufacturer, the state board may reduce the fee for participation
6in the adoption.
7(2) For purposes of this section, “small publisher” and “small
8manufacturer” mean an independently owned or operated
9publisher or manufacturer that is not dominant in its field of
10operation and that, together with its affiliates, has 100
or fewer
11employees, and has average annual gross receipts of ten million
12dollars ($10,000,000) or less over the previous three years.
13(g) If the department determines that there is little or no interest
14in participating in an adoption by publishers and manufacturers,
15the department shall recommend to the state board whether or not
16the adoption shall be conducted, and the state board may choose
17not to conduct the adoption.
18(h) Revenue derived from fees assessed pursuant to subdivision
19(c) shall be budgeted as reimbursements and subject to review
20through the annual budget process, and may be used to pay for
21costs associated with any adoption and for any costs associated
22with the review of instructional materials, including costs of
23substitutes for teacher reviewers and stipends for content review
24experts.
begin insertSection 84830 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
26read:end insert
(a) The Chancellor of the California Community
28Colleges and the State Department of Education shall, pursuant to
29funding made available in the annual Budget Act, jointly provide
30two-year planning and implementation grants to regional consortia
31of community college districts and school districts for the purpose
32of developing regional plans to better serve the educational needs
33of adults.
34(1) Eligibility shall be limited to consortia consisting of at least
35one community college district and at least one school district
36within the boundaries of the community college district, either of
37which may serve as the consortium’s fiscal agent, as determined
38by the applicant consortium.
39(2) If a community
college district chooses not to participate in
40a consortium, a neighboring community college district may form
P108 1a consortium with school districts within the boundaries of the
2nonparticipating community college district.
3(3) Consortia may include other entities providing adult
4education courses, including, but not necessarily limited to,
5correctional facilities, other local public entities, and
6community-based organizations.
7(b) Grant funds provided pursuant to this section shall be used
8by each regional consortium to create and implement a plan to
9better provide adults in its region with all of the following:
10(1) Elementary and secondary basic skills, including classes
11required for a high school diploma or high school equivalency
12certificate.
13(2) Classes and courses for immigrants eligible for educational
14services in citizenship and English as a second language, and
15workforce preparation classes in basic skills.
16(3) Education programs for adults with disabilities.
17(4) Short-term career technical education programs with high
18employment potential.
19(5) Programsbegin insert offering pre-apprenticeship training activities
20conducted in coordination with one or more apprenticeship
21programs approved by the Division of Apprenticeship Standardsend insert
22 forbegin delete apprentices.end deletebegin insert the occupation and geographic area.end insert
23(c) (1) The classes and courses described in paragraphs (1) and
24(2) of subdivision (b) shall distribute basic information on
25American government and civics that includes, but is not limited
26to, instruction on all of the following:
27(A) Federal, state, and local government.
28(B) The three branches of government.
29(C) The importance of civic engagement.
30(D) Registering to vote.
31(2) It is the intent of
the Legislature that, consistent with the
32requirements of Sections 51225.3 and 52555, students enrolled in
33classes and courses described in paragraphs (1) and (2) of
34subdivision (b) in which instruction in American government and
35civics is appropriate shall receive instruction in American
36government and civics.
37(d) Each regional consortium’s plan shall include, at a minimum:
38(1) An evaluation of current levels and types of adult education
39programs within its region, including education for adults in
40correctional facilities; credit, noncredit, and enhanced noncredit
P109 1adult education coursework; and programs funded through Title
2II of the federal Workforce Investment Act of 1998, known as the
3Adult Education and Family Literacy Act (Public Law 105-220).
4(2) An evaluation of current needs for adult education programs
5
within its region.
6(3) Plans for parties that make up the consortium to integrate
7their existing programs and create seamless transitions into
8postsecondary education or the workforce.
9(4) Plans to address the gaps identified pursuant to paragraphs
10(1) and (2).
11(5) Plans to employ approaches proven to accelerate a student’s
12progress toward his or her academic or career goals, such as
13contextualized basic skills and career technical education, and
14other joint programming strategies between adult education and
15career technical education.
16(6) Plans to collaborate in the provision of ongoing professional
17development opportunities for faculty and other staff to help them
18achieve greater program integration and improve student outcomes.
19(7) Plans to leverage existing regional structures, including, but
20not necessarily limited to, local workforce investment areas.
21(e) The Chancellor of the California Community Colleges and
22the State Department of Education may identify additional elements
23that consortia must include in a plan.
24(f) (1) On or before March 1, 2014, the Chancellor of the
25California Community Colleges and the State Department of
26Education shall submit a joint report to the Legislature and the
27Governor. This report shall include, but not necessarily be limited
28to, both of the following:
29(A) The status of developing regional consortia across the state,
30including identification of unserved geographic areas or emerging
31gaps in regional program delivery.
32(B) The status and allocation of grant awards made to regional
33consortia.
34(2) The report shall be submitted to the Legislature as provided
35in Section 9795 of the Government Code.
36(g) (1) On or before March 1, 2015, the Chancellor of the
37California Community Colleges and the State Department of
38Education shall submit a joint report to the Legislature and the
39Governor. This report shall include, but is not limited to, both of
40the following:
P110 1(A) The plans developed by regional consortia across the state.
2(B) Recommendations for additional improvements in the
3delivery system serving adult learners.
4(2) The
report shall be submitted to the Legislature as provided
5in Section 9795 of the Government Code.
6(h) It is the intent of the Legislature to work toward developing
7common policies related to adult education affecting adult schools
8at local educational agencies and community colleges, including
9policies on fees and funding levels.
10(i) It is the intent of the Legislature to provide additional funding
11in the 2015-16 fiscal year to regional consortia to expand and
12improve the provision of adult education.
begin insertArticle 9 (commencing with Section 84900) is added
14to Chapter 5 of Part 50 of Division 7 of Title 3 of the end insertbegin insertEducation
15Codeend insertbegin insert, to read:end insert
16
The Adult Education Block Grant Program is hereby
20established under the administration of the Chancellor of the
21California Community Colleges and the Superintendent of Public
22Instruction.
For purposes of this article, the following definitions
24shall apply, unless otherwise specified:
25(a) “Adult” means a person 18 years of age or older.
26(b) “Consortium” means an adult education consortium
27approved pursuant to this article.
28(c) “Executive director” means the executive director of the
29State Board of Education.
30(d) “Program” means the Adult Education Block Grant
31Program established by Section 84900.
(a) The chancellor and the Superintendent are the state
33officials responsible for identifying and understanding the
34educational needs of adults in the state.
35(b) The chancellor and the Superintendent shall use the powers
36provided by this article to support the effective provision of services
37that address the educational needs of adults in all regions of the
38state.
P111 1(c) In performing duties under this article, the chancellor and
2the Superintendent shall seek advice from, and coordinate with,
3other state officials responsible for programs for adults.
(a) The chancellor and the Superintendent, with the
5advice of the executive director, shall divide the state into adult
6education regions and shall determine the physical boundaries of
7each region.
8(b) When determining the boundaries of the adult education
9regions, the chancellor and the Superintendent shall consider
10factors that impact the provision of adult education, including all
11of the following:
12(1) Economic and demographic factors, including the locations
13of regional labor markets.
14(2) The boundaries of regions used to distribute funds for other
15state programs.
16(3) The presence of adult education providers that have
17demonstrated effectiveness in meeting the educational needs of
18adults.
19(c) Until otherwise determined by the chancellor and the
20Superintendent, the physical boundaries of the adult education
21regions shall be the same as the physical boundaries of the regions
22established for purposes of providing planning and implementation
23grants pursuant to Section 84830.
(a) The chancellor and the Superintendent, with the
25advice of the executive director, shall approve one adult education
26consortium in each adult education region.
27(b) Until otherwise determined by the chancellor and the
28Superintendent, the consortia to which planning and
29implementation grants were apportioned pursuant to Section 84830
30shall be deemed approved for purposes of this section.
The chancellor and the Superintendent, with the advice
32of the executive director, shall approve, for each consortium, rules
33and procedures that adhere to all of the following conditions:
34(a) Any community college district, school district, or county
35office of education, or any joint powers authority consisting of
36community college districts, school districts, county offices of
37education, or a combination of these, located within the boundaries
38of the adult education region shall be permitted to join the
39consortium as a member.
P112 1(b) As a condition of joining a consortium, a member shall
2commit to reporting any funds available to that member for the
3purposes of education and workforce services for
adults and the
4uses of those funds.
5(c) A member of the consortium shall be represented only by
6an official designated by the governing board of the member.
7(d) (1) Decisionmaking procedures are specified that ensure
8that all of the following conditions are satisfied:
9(A) All members of the consortium shall participate in any
10decision made by the consortium.
11(B) A proposed decision is considered at an open, properly
12noticed public meeting of the consortium at which members of the
13public may comment.
14(C) The consortium has provided the public with adequate notice
15of a proposed decision and considered any comments submitted
16by members of the public, and any comments
submitted by members
17of the public have been distributed publicly.
18(D) (i) The consortium has requested comments regarding a
19proposed decision from other entities located in the adult education
20region that provide education and workforce services for adults.
21(ii) The consortium has considered and responded to any
22comments submitted by entities pursuant to clause (i).
23(iii) For purposes of this subparagraph, entities that provide
24education and workforce services to adults include, but are not
25necessarily limited to, local public agencies, departments, and
26offices, particularly those with responsibility for local public safety
27and social services; workforce investment boards; libraries; and
28community-based organizations.
29(E) A decision is final.
30(2) For purposes of this subdivision, a decision includes
31approval of an adult education plan pursuant to Section 84906
32and approval of a distribution schedule pursuant to Section 84913.
33(e) The members of the consortium may decide to designate a
34member to serve as the fund administrator to receive and distribute
35funds from the program.
(a) As a condition of receipt of an apportionment of
37funds from this program for a fiscal year, the members of a
38consortium shall have approved an adult education plan that
39addresses that fiscal year.
40(b) An adult education plan shall include all of the following:
P113 1(1) An evaluation of the educational needs of adults in the
2region.
3(2) A list of the following:
4(A) Entities that provide education and workforce services to
5adults in the region.
6(B) Entities that are impacted by, or that
have a fundamental
7interest in, the provision of those services.
8(3) A description of the services provided by entities listed
9pursuant to paragraph (2).
10(4) An evaluation of current levels and types of education and
11workforce services for adults in the region.
12(5) An evaluation of the funds available to the members of the
13consortium and the entities listed pursuant to paragraph (2),
14including funds other than those apportioned pursuant to this
15article.
16(6) Actions that the members of the consortium will take to
17address the educational needs identified pursuant to paragraph
18(1).
19(7) Actions that the members of the consortium will take to
20improve the effectiveness of their services.
21(8) Actions that the members of the consortium, the entities
22listed pursuant to paragraph (2), and other interested parties will
23take to improve integration of services and to improve transitions
24into postsecondary education and the workforce, including actions
25related to all of the following:
26(A) Placement of adults seeking education and workforce
27services into adult education programs.
28(B) Alignment of academic standards and curricula for
29programs across entities that provide education and workforce
30services to adults.
31(C) Qualifications of instructors, including common standards
32across entities that provide education and workforce services to
33adults.
34(D) Collection and availability of data.
35(9) A description of the alignment of adult education services
36supported by this program with those described in other education
37and workforce plans guiding services in the region, including plans
38pertaining to the building of career pathways and the employment
39of workforce sector strategies and those required pursuant to the
P114 1federal Workforce Innovation and Opportunity Act (Public Law
2113-128).
3(10) A description of the ways in which each of the entities
4identified in paragraph (2) contributed to the development of the
5plan.
6(c) The members of a consortium shall approve an adult
7education plan at least once every three years. The plan shall be
8updated at least once each year based on available data.
9(d) For the 2015-16, 2016-17, and 2017-18
fiscal years, a
10regional plan developed pursuant to Section 84830 shall satisfy
11the requirements of this section.
No later than July 31, 2015, the chancellor and the
13Superintendent, with the advice of the executive director, shall
14certify, for each school district and county office of education, the
15amount of state funds required to be expended for adult education
16pursuant to paragraph (7) of subdivision (a) of Section 42238.03,
17and paragraph (3) of subdivision (k) of Section 2575, respectively.
(a) If the total amount certified for all school districts
19and county offices of education pursuant to Section 84907 is less
20than three hundred seventy-five million dollars ($375,000,000),
21the chancellor and the Superintendent shall do both of the
22following:
23(1) Apportion funds appropriated for the program in the Budget
24Act of 2015, no later than August 30, 2015, to each school district
25or county office of education in an amount equal to the amount
26certified for that school district or county office of education
27pursuant to Section 84907. As a condition of receipt of an
28apportionment, a school district or county office of education is
29required to be a member of a consortium.
30(2) (A) (i) With the concurrence of the executive director,
31approve a schedule of allocations to each consortium, no later
32than October 30, 2015, of any funds appropriated for the program
33in the Budget Act of 2015 that remain after funds have been
34apportioned pursuant to paragraph (1).
35(ii) The chancellor and the Superintendent shall determine the
36amount to be allocated to each consortium pursuant to this
37paragraph based on that adult education region’s share of the
38statewide need for adult education.
P115 1(B) Using the schedule approved pursuant to subparagraph
2(A), the chancellor and the Superintendent shall do one of the
3following for each consortium:
4(i) Apportion funds to a fund administrator designated by the
5members of a consortium beginning no more than 30
days after
6approval of the schedule pursuant to subparagraph (A).
7(ii) Apportion funds to members of a consortium beginning no
8more than 30 days after receipt of a final distribution schedule
9from that consortium.
10(b) If the total amount certified for all school districts and county
11offices of education pursuant to Section 84907 equals or exceeds
12three hundred seventy-five million dollars ($375,000,000), the
13chancellor and the Superintendent shall do both of the following:
14(1) Apportion funds appropriated for the program in the Budget
15Act of 2015, no later than August 30, 2015, to each school district
16or county office of education in an amount equal to the amount
17certified for that school district or county office of education
18pursuant to Section 84907 multiplied by three hundred seventy-five
19million dollars
($375,000,000), divided by the total amount
20certified for all school districts and county offices of education
21pursuant to Section 84907.
22(2) (A) (i) With the concurrence of the executive director,
23approve a schedule of allocations to each consortium, no later
24than October 30, 2015, of any funds appropriated for this program
25in the Budget Act of 2015 that remain after funds have been
26apportioned pursuant to paragraph (1).
27(ii) The chancellor and the Superintendent shall determine the
28amount to be allocated to each consortium pursuant to this
29paragraph based on that adult education region’s share of the
30statewide need for adult education.
31(B) Using the schedule approved pursuant to subparagraph
32(A), the chancellor and the Superintendent shall do one of the
33following for each
consortium:
34(i) Apportion funds to a fund administrator designated by the
35members of a consortium beginning no more than 30 days after
36approval of the schedule pursuant to subparagraph (A).
37(ii) Apportion funds to members of a consortium beginning no
38more than 30 days after receipt of a final distribution schedule
39from that consortium.
P116 1(c) This section shall become inoperative on July 1, 2016, and,
2as of January 1, 2017, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2017, deletes or
4extends the dates on which it becomes inoperative and is repealed.
(a) This section shall apply commencing with the
62016-17 fiscal year.
7(b) The chancellor and the Superintendent, with the advice of
8the executive director, shall approve, no later than February 28
9of the prior fiscal year, a preliminary schedule of allocations to
10each consortium of any funds proposed in the Governor’s Budget
11for the program.
12(c) The chancellor and the Superintendent, with the advice of
13the executive director, shall approve, within 15 days of enactment
14of the annual Budget Act, a final schedule of allocations to each
15consortium of any funds appropriated by the Legislature for the
16program.
17(d) The
chancellor and the Superintendent shall determine the
18amount to be allocated to each consortium based on the following:
19(1) The amount of funds apportioned to the members of that
20consortium in the immediately preceding fiscal year.
21(2) That adult education region’s share of the statewide need
22for adult education.
23(3) That consortium’s effectiveness in meeting the educational
24needs of adults in the adult education region based on available
25data.
26(e) Using the final schedule approved pursuant to subdivision
27(c), the chancellor and the Superintendent shall do one of the
28following for each consortium:
29(1) Apportion funds to a fund administrator designated by the
30members of a consortium
beginning no more than 30 days after
31approval of the final schedule of allocations.
32(2) Apportion funds to members of a consortium beginning no
33more than 30 days after receipt of a final distribution schedule
34from that consortium.
The chancellor and the Superintendent shall, when
36approving a schedule of allocations for a fiscal year, also present
37preliminary projections for the amounts that would be allocated
38in the subsequent two fiscal years. This preliminary presentation
39shall not constitute a binding commitment of funds.
To determine the need for adult education, the
2chancellor and the Superintendent shall consider, at a minimum,
3measures related to adult population, employment, immigration,
4educational attainment, and adult literacy.
The chancellor and the Superintendent shall apportion
6funds appropriated for the program in a given year in compliance
7with all of the following:
8(a) No more than one-twelfth of the total amount appropriated
9shall have been apportioned by the end of July.
10(b) No more than one-sixth of the total amount appropriated
11shall have been apportioned by the end of August.
12(c) No more than one-quarter of the total amount appropriated
13shall have been apportioned by the end of September.
14(d) No more than one-third of the total amount appropriated
15shall have been apportioned by the
end of October.
16(e) No more than five-twelfths of the total amount appropriated
17shall have been apportioned by the end of November.
18(f) No more than one-half of the total amount appropriated shall
19have been apportioned by the end of December.
20(g) No more than seven-twelfths of the total amount
21appropriated shall have been apportioned by the end of January.
22(h) No more than two-thirds of the total amount appropriated
23shall have been apportioned by the end of February.
24(i) No more than three-quarters of the total amount appropriated
25shall have been apportioned by the end of March.
26(j) No more than five-sixths of the total
amount appropriated
27shall have been apportioned by the end of April.
28(k) No more than eleven-twelfths of the total amount
29appropriated shall have been apportioned by the end of May.
(a) Funds apportioned for the program shall be used
31only for support of the following:
32(1) Programs in elementary and secondary basic skills,
33including programs leading to a high school diploma or high
34school equivalency certificate.
35(2) Programs for immigrants eligible for educational services
36in citizenship, English as a second language, and workforce
37preparation.
38(3) Programs for adults, including, but not limited to, older
39adults, that are primarily related to entry or reentry into the
40workforce.
P118 1(4) Programs for adults, including, but not
limited to, older
2adults, that are primarily designed to develop knowledge and skills
3to assist elementary and secondary school children to succeed
4academically in school.
5(5) Programs for adults with disabilities.
6(6) Programs in career technical education that are short term
7in nature and have high employment potential.
8(7) Programs offering preapprenticeship training activities
9conducted in coordination with one or more apprenticeship
10programs approved by the Division of Apprenticeship Standards
11for the occupation and geographic area.
12(b) A consortium may use no more than 5 percent of funds
13allocated in a given fiscal year for the sum of the following:
14(1) The costs of administration of these programs.
15(2) The costs of the consortium.
(a) As a condition of receipt of an apportionment from
17the program, a consortium shall approve a distribution schedule
18that includes both of the following:
19(1) The amount of funds to be distributed to each member of
20the consortium for that fiscal year.
21(2) A narrative justifying how the planned allocations are
22consistent with the adult education plan.
23(b) (1) For any fiscal year for which the chancellor and the
24Superintendent allocate an amount of funds to the consortium
25greater than the amount allocated in the prior fiscal year, the
26amount of funds to be distributed to a member of that
consortium
27shall be equal to or greater than the amount distributed in the
28prior fiscal year, unless the consortium makes at least one of the
29following findings related to the member for which the distribution
30would be reduced:
31(A) The member no longer wishes to provide services consistent
32with the adult education plan.
33(B) The member cannot provide services that address the needs
34identified in the adult education plan.
35(C) The member has been consistently ineffective in providing
36services that address the needs identified in the adult education
37plan and reasonable interventions have not resulted in
38improvements.
39(2) For any year for which the chancellor and the
40Superintendent allocate an amount of funds to the consortium less
P119 1than the amount allocated
in the prior year, the amount of funds
2to be distributed to a member of that consortium shall not be
3reduced by a percentage greater than the percentage by which the
4total amount of funds allocated to the consortium decreased, unless
5the consortium makes at least one of the following findings related
6to the member for which the distribution would be reduced further:
7(A) The member no longer wishes to provide services consistent
8with the adult education plan.
9(B) The member cannot provide services that address the needs
10identified in the adult education plan.
11(C) The member has been ineffective in providing services that
12address the needs identified in the adult education plan and
13reasonable interventions have not resulted in improvements.
14(c) A
distribution schedule shall also include preliminary
15projections of the amount of funds that would be distributed to
16each member of the consortium in each of the subsequent two fiscal
17years. The preliminary projections shall not constitute a binding
18commitment of funds.
(a) It is the intent of the Legislature to coordinate
20programs that support education and workforce services for adults.
21(b) No later than January 31, 2016, the chancellor and the
22Superintendent shall submit to the Director of Finance, to the State
23Board of Education, and, in conformity with Section 9795 of the
24Government Code, to the Legislature a plan approved by the
25chancellor and the Superintendent to distribute funds from the
26following programs to the consortia:
27(1) (A) The federal Adult Education and Family Literacy Act
28(Title II of the federal Workforce Innovation and Opportunity Act).
29(B) The plan for allocating funds under this paragraph shall
30comply with the criteria enumerated in subsection (e) of Section
313321 of Title 29 of the United States Code related to base
32disbursement of these funds.
33(2) The federal Carl D. Perkins Career and Technical Education
34Act (Public Law 109-270).
In order to maximize the benefits derived from public
36funds provided for the purpose of addressing the educational needs
37of adults and to ensure the efficient and coordinated use of
38resources, it is the intent and expectation of the Legislature that
39any community college district, school district, or county office of
40education, or any joint powers authority consisting of community
P120 1college districts, school districts, county offices of education, or
2a combination of these, located within the boundaries of the adult
3education region shall be a member of a consortium pursuant to
4this article if it receives funds from any of the following programs
5or allocations:
6(a) The Adults in Correctional Facilities program.
7(b) The federal Adult Education and Family Literacy Act (Title
8II of the federal Workforce Innovation and Opportunity Act).
9(c) The federal Carl D. Perkins Career and Technical Education
10Act (Public Law 109-270).
11(d) Local Control Funding Formula apportionments received
12for students who are 19 years of age or older.
13(e) Community college apportionments received for providing
14instruction in courses in the areas listed in subdivision (a) of
15Section 84913.
16(f) State funds for remedial education and job training services
17for participants in the CalWORKs program.
(a) To inform actions taken by the Governor and the
19 Legislature related to adult education, the chancellor and the
20Superintendent shall submit to the Director of Finance, to the State
21Board of Education, and, in conformity with Section 9795 of the
22Government Code, to the Legislature, by September 30 following
23any fiscal year for which funds are appropriated for the program,
24a report about the use of these funds and outcomes for adults
25statewide and in each adult education region. The report shall
26include at least all of the following:
27(1) A summary of the adult education plan operative for each
28consortium.
29(2) The distribution schedule for each consortium.
30(3) The types and levels of services provided by each consortium.
31(4) The effectiveness of each consortium in meeting the
32educational needs of adults in its respective region.
33(5) Any recommendations related to delivery of education and
34workforce services for adults, including recommendations related
35to improved alignment of state programs.
36(b) (1) The chancellor and the Superintendent may require a
37consortium, as a condition of receipt of an apportionment, to
38submit any reports or data necessary to produce the report
39described in subdivision (a).
P121 1(2) The chancellor and the Superintendent shall align the data
2used to produce the report described in subdivision (a) with
data
3reported by local educational agencies for other purposes, such
4as data used for purposes of the federal Workforce Opportunity
5and Innovation Act (Public Law 113-128).
6(3) The Employment Development Department and the
7California Workforce Investment Board shall provide any
8assistance needed to align delivery of services across state and
9regional workforce, education, and job service programs.
begin insertSection 84920 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
11read:end insert
(a) To the extent that one-time funding is made
13available in the Budget Act of 2015, consistent with the provisions
14of Section 84917, the chancellor and the Superintendent shall
15identify common measures for determining the effectiveness of
16members of each consortium in meeting the educational needs of
17adults. At a minimum, the chancellor and the Superintendent shall
18accomplish both of the following:
19(1) Define the specific data each consortium shall collect.
20(2) Establish a menu of common assessments and policies
21regarding placement of adults seeking education and workforce
22services into adult education programs to be used by each
23consortium to measure educational needs of
adults and the
24effectiveness of providers in addressing those needs.
25(b) It is the intent of the Legislature that both of the following
26occur:
27(1) That the educational needs of adults in the state be better
28identified and understood through better sharing of data across
29state agencies.
30(2) That, at a minimum, the chancellor and the Superintendent
31shall enter into agreements to share data related to effectiveness
32of the consortia between their agencies and with other state
33agencies, including, but not necessarily limited to, the Employment
34Development Department and the California Workforce Investment
35Board.
36(c) The chancellor and the Superintendent shall identify, no
37later than January 1, 2016, the measures for assessing the
38effectiveness of consortia
that will be used in the report that,
39pursuant to Section 84917, is to be submitted by September 30,
P122 12016. These measures shall include, but not necessarily be limited
2to, all of the following:
3(1) How many adults are served by members of the consortium.
4(2) How many adults served by members of the consortium have
5demonstrated the following:
6(A) Improved literacy skills.
7(B) Completion of high school diplomas or their recognized
8equivalents.
9(C) Completion of postsecondary certificates, degrees, or
10training programs.
11(D) Placement into jobs.
12(E) Improved wages.
13(d) No later than November 1, 2015, the chancellor and the
14Superintendent shall submit to the Director of Finance, the state
15board, and the appropriate policy and fiscal committees in the
16Legislature a report of its progress in meeting the requirements
17of subdivisions (a) and (b).
18(e) The chancellor and the Superintendent shall apportion the
19funds appropriated for purposes of this section in the Budget Act
20of 2015 in accordance with both of the following:
21(1) Eighty-five percent of these funds shall be used for grants
22to consortia to establish systems or obtain data necessary to submit
23any reports or data required pursuant to subdivision (b) of Section
2484917.
25(2) Fifteen percent of these funds shall be used for grants for
26development of statewide
policies and procedures related to data
27collection or reporting or for technical assistance to consortia, or
28both.
29(f) The chancellor and the Superintendent shall provide any
30guidance to the consortia necessary to support the sharing of data
31included in systems established by consortia pursuant to this
32section across consortia.
begin insertSection 17581.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert
(a) Funding apportioned pursuant to this section shall
36constitute reimbursement pursuant to Section 6 of Article XIII B
37of the California Constitution for the performance of any state
38mandates included in the statutes and executive orders identified
39in subdivision (e).
P123 1(b) Any school district, county office of education, or charter
2school may elect to receive block grant funding pursuant to this
3section.
4(c) (1) A school district, county office of education, or charter
5school that elects to receive block grant funding pursuant to this
6section in a given fiscal year shall submit a letter requesting
7funding to the Superintendent of Public Instruction on
or before
8August 30 of that fiscal year.
9(2) The Superintendent of Public Instruction shall, in the month
10of November of each year, apportion block grant funding
11appropriated pursuant to Itembegin delete 6110-296-0001end deletebegin insert 6100-296-0001end insert of
12Section 2.00 of the annual Budget Act to all school districts, county
13offices of education, and charter schools that submitted letters
14requesting funding in that fiscal year according to the provisions
15of that item.
16(3) A school district or county office of education that receives
17block grant funding pursuant to this section shall not be eligible
18to submit claims to the Controller for reimbursement pursuant to
19Section 17560 for any costs of any state mandates included in the
20statutes and executive orders identified in subdivision (e) incurred
21in the same fiscal year during which the school district or county
22office of education received funding pursuant to this section.
23(d) Block grant
funding apportioned pursuant to this section is
24subject to annual financial and compliance audits required by
25Section 41020 of the Education Code.
26(e) Block grant funding apportioned pursuant to this section is
27specifically intended to fund the costs of the following programs
28and activities:
29(1) Academic Performance Index (01-TC-22; Chapter 3 of the
30Statutes of 1999, First Extraordinary Session; and Chapter 695 of
31the Statutes of 2000).
32(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
33Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
34of 2001).
35(3) AIDS Instruction and AIDS Prevention Instruction (CSM
364422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
371991; and Chapter 403 of the Statutes of 1998).
38(4) California State Teachers’ Retirement System (CalSTRS)
39Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
40Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838
P124 1of the Statutes of 1997; Chapter 965 of the Statutes of 1998;
2Chapter 939 of the Statutes of 1999; and Chapter 1021 of the
3Statutes of 2000).
4(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes
5of 1994).
6(6) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and
799-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
8673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998;
9and Chapter 78 of the Statutes of 1999).
10(7) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes
11of 2002).
12(8) Child Abuse and Neglect Reportingbegin delete (01-TC-21:end deletebegin insert (01-TC-21;end insert
13 Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the
14Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311
15of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and
16Chapters 133 and 754 of the Statutes of 2001).
17(9) Collective Bargaining (CSM 4425; Chapter 961 of the
18Statutes of 1975).
19(10) Comprehensive School Safety Plans (98-TC-01 and
2099-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of
21the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
22(11) Consolidation of Annual Parent Notification/Schoolsite
23Discipline Rules/Alternative Schools (CSM 4488, CSM 4461,
2499-TC-09, 00-TC-12,
97-TC-24, CSM 4453, CSM 4474, CSM
254462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
26Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469
27of the Statutes of 1981; Chapter 459 of the Statutes of 1985;
28Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the
29Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988;
30Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the
31Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter
321296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997;
33Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the
34Statutes of 1999, First Extraordinary Session; Chapter 73 of the
35Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895
36of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
37(12) Consolidation of Law Enforcement Agency Notification
38and Missing Children Reports (CSM 4505; Chapter 1117 of the
39Statutes of 1989 and 01-TC-09;
Chapter 249 of the Statutes of
401986; and Chapter 832 of the Statutes of 1999).
P125 1(13) Consolidation of Notification to Teachers: Pupils Subject
2to Suspension or Expulsion I and II, and Pupil Discipline Records
3(00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
4(14) Consolidated Suspensions, Expulsions, and Expulsion
5Appeals (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23,
697-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters
7915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the
8Statutes of 1997; Chapter 489 of the Statutes of 1998; Chapter
9332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000;
10and Chapter 116 of the Statutes of 2001) (CSM 4455; Chapter
111253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977;
12Chapter 668 of the Statutes of 1978; Chapter
318 of the Statutes
13of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the
14Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter
151231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992;
16Chapters 1255, 1256, and 1257 of the Statutes of 1993; and
17Chapter 146 of the Statutes of 1994) (CSM 4456; Chapter 965 of
18the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter
1973 of the Statutes of 1980; Chapter 498 of the Statutes of 1983;
20Chapter 856 of the Statutes of 1985; and Chapter 134 of the
21Statutes of 1987) (CSM 4463; Chapter 1253 of the Statutes of
221975; Chapter 965 of the Statutes of 1977; Chapter 668 of the
23Statutes of 1978; and Chapter 498 of the Statutes of 1983).
24(14)
end delete
25begin insert(15)end insert County Office of Education Fiscal Accountability Reporting
26(97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
27Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of
28the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter
29323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes
30of 1993; Chapters 650 and 1002 of the Statutes of 1994; and
31Chapter 525 of the Statutes of 1995).
32(15)
end delete
33begin insert(16)end insert Criminal Background Checks (97-TC-16; Chapters 588
34and 589 of the Statutes of 1997).
35(16)
end delete
36begin insert(17)end insert Criminal Background Checks II (00-TC-05; Chapters 594
37and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of
381999).
39(17)
end delete
P126 1begin insert(18)end insert Developer Fees (02-TC-42; Chapter 955 of the Statutes of
21977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
3Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923
4of the Statutes of 1982; Chapter 1254 of the Statutes of 1983;
5Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes
6of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter
71228 of the Statutes of 1994).
8(18)
end delete
9begin insert(19)end insert Differential Pay and Reemployment (99-TC-02; Chapter
1030 of the Statutes of 1998).
11(19)
end delete
12begin insert(20)end insert Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
13Chapter 1253 of the Statutes of 1975).
14(20)
end delete
15begin insert(21)end insert Financial and Compliance Audits (CSM 4498 and CSM
164498-A; Chapter 36 of the Statutes of 1977).
17(21)
end delete
18begin insert(22)end insert Graduation Requirements (CSM 4181; Chapter 498 of the
19Statutes of 1983).
20(22)
end delete
21begin insert(23)end insert Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
221184 of the Statutes of 1975).
23(23)
end delete
24begin insert(24)end insert High School Exit Examination (00-TC-06; Chapter 1 of
25the Statutes of 1999, First Extraordinary Session; and Chapter 135
26of the Statutes of 1999).
27(24)
end delete
28begin insert(25)end insert Immunization Records (SB 90-120; Chapter 1176 of the
29Statutes of 1977).
30(25)
end delete
31begin insert(26)end insert Immunization Records--Hepatitis B (98-TC-05; Chapter
32325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979;
33Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes
34of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of
35the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995;
36Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882
37of the Statutes of 1997).
38(27) Immunization Records--Pertussis (11-TC-02; Chapter 434
39of the Statutes of 2010).
40(26)
end delete
P127 1begin insert(28)end insert Interdistrict Attendance Permits (CSM 4442; Chapters 172
2and 742 of the Statutes of 1986; Chapter 853 of the Statutes of
31989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the
4Statutes of 1992).
5(27)
end delete
6begin insert(29)end insert Intradistrict Attendance (CSM 4454; Chapters 161 and 915
7of the Statutes of 1993).
8(28)
end delete
9begin insert(30)end insert Juvenile Court Notices II (CSM 4475; Chapters 1011 and
101423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994;
11and Chapter 71 of the Statutes of 1995).
12(29)
end delete
13begin insert(31)end insert Notification of Truancy (CSM 4133; Chapter 498 of the
14Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter
1519 of the Statutes of 1995).
16(30)
end delete
17begin insert(32)end insert Parental Involvement Programs (03-TC-16; Chapter 1400
18of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of
191998;begin insert andend insert Chapter 1037 of the Statutes of 2002).
20(31)
end delete
21begin insert(33)end insert Physical Performance Tests (96-365-01; Chapter 975 of
22the Statutes of 1995).
23(32)
end delete
24begin insert(34)end insert Prevailing Wage Rate (01-TC-28; Chapter 1249 of the
25Statutes of 1978).
26(33)
end delete
27begin insert(35)end insert Public Contracts (02-TC-35; Chapter 1073 of the Statutes
28of 1985; Chapter 1408 of the Statutesbegin insert ofend insert 1988; Chapter 330 of the
29Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter
30321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992;
31and Chapter 726 of the Statutes of 1994).
32(34)
end delete
33begin insert(36)end insert Pupil Health Screenings (CSM 4440; Chapter 1208 of the
34Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter
35750 of the Statutes of 1992).
36(35)
end delete
37begin insert(37)end insert Pupil Promotion and Retention (98-TC-19; Chapter 100
38of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
39Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes
40of 1990; and Chapters 742 and 743 of the Statutes of 1998).
P128 1(36)
end delete
2begin insert(38)end insert Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes
3of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the
4Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332
5of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
6Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes
7of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of
8the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
9(37)
end delete
10begin insert(39)end insert begin delete Pupil Expulsions (CSM 4455; Chapter 1253 ofend deletebegin insert Race toend insert
11 thebegin delete Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter begin insert Top
12668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982;
13Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes
14of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the
15Statutes of 1990; Chapter 152 of the Statutes of 1992;end delete
16(10-TC06;end insert Chaptersbegin delete 1255, 1256,end deletebegin insert 2end insert andbegin delete 1257end deletebegin insert 3end insert of the Statutes of
17begin delete 1993; and Chapter 146 of the Statutes of 1994).end deletebegin insert 2009).end insert
18(38) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the
19Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668
20of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
21(39) Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes
22of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the
23Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856
24of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).
25(40) School Accountability Report Cards (97-TC-21, 00-TC-09,
2600-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997;
27Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes
28of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the
29Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
30(41) School District Fiscal Accountability Reporting (97-TC-19;
31Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes
32of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
331452 of the Statutes of 1987; Chapters 1461 and 1462 of the
34Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter
351213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
36Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and
371002 of the Statutes of 1994; and Chapter 525 of the Statutes of
381995).
39(42) School District Reorganization (98-TC-24; Chapter 1192
40of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
P129 1(43) Student Records (02-TC-34; Chapter 593 of the Statutes
2of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the
3Statutes of 1998; and Chapter 67 of the Statutes of 2000).
4(44) The Stull Act (98-TC-25; Chapter 498 of the Statutes of
51983; and Chapter 4 of the Statutes of 1999).
6(45) Threats Against Peace Officers (CSM 96-365-02; Chapter
71249 of the Statutes of 1992; and Chapter 666 of the Statutes of
81995).
9(46) Uniform Complaint Procedures (03-TC-02; Chapter 1117
10of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and
11Chapter 914 of the Statutes of 1998).
12(47) Williams Case Implementation I, II, and III (05-TC-04,
1307-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the
14Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704
15of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
16(48) Pupil Expulsions II, Pupil Suspensions II, and Educational
17Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
1801-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
19Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
201996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
21Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
22of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).
23(f) Notwithstanding Section 10231.5, on or before November
241 of each fiscal year, the Superintendent of Public Instruction shall
25produce a report that indicates the total amount of block grant
26funding each school district, county office of education, and charter
27school received in that fiscal year pursuant to this section. The
28Superintendent of Public Instruction shall provide this report to
29the appropriate fiscal and policy committees of the Legislature,
30the Controller, the Department of Finance, and the Legislative
31Analyst’s Office.
begin insertSection 17581.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
33to read:end insert
(a) (1) begin delete Theend deletebegin insert For the 2014-15 fiscal year, theend insert sum
35of two hundred eighty-seven million one hundred forty-nine
36thousand dollars ($287,149,000) is hereby appropriated from the
37General Fund to the Superintendent of Public Instruction for
38allocation to school districts in the manner, and for the purposes,
39set forth in this section.
P130 1(2) begin delete Theend deletebegin insert For the 2014-15 fiscal year, theend insert sum of forty-nine
2million five hundred thousand dollars ($49,500,000) is hereby
3appropriated from the General Fund to the Chancellor of the
4California Community Colleges for allocation to community
5college districts in the manner, and for the purposes, set forth in
6this section.
7(3) For purposes of this section, a school district includes a
8county office of education and a charter school.
9(b) (1) The Superintendent of Public Instruction shall allocate
10the funds appropriated pursuant to paragraph (1) of subdivision
11(a), and the funds appropriated for purposes of this section pursuant
12to Item 6110-488 ofbegin insert
Section 2.00 ofend insert the Budget Act of 2014, to
13school districts on the basis of an equal amount per unit of regular
14average daily attendance, as thosebegin insert average daily attendanceend insert
15 numbers are reported at the time of the second principal
16apportionment for the 2013-14 fiscal year.
17(2) The Chancellor shall allocate the funds appropriated pursuant
18to paragraph (2) of subdivision (a) to community college districts
19on the basis of an equal amount per enrolled full-time equivalent
20student, as those numbersbegin insert of studentsend insert are reported at the time of
21the second principal apportionment for the 2013-14 fiscal year.
22(c) Allocations made pursuant to
this section shall first satisfy
23any outstanding claims pursuant to Section 6 of Article XIII B of
24the California Constitution for reimbursement of state-mandated
25local program costs for any fiscal year. Notwithstandingbegin insert Section
2612419.5 andend insert any amounts that are paid in satisfaction of
27outstanding claims for reimbursement of state-mandated local
28program costs, the Controller may audit any claim as allowed by
29law, and maybegin delete reduceend deletebegin insert recoverend insert any amount owed by school districts
30or community college districts pursuant to an auditbegin insert onlyend insert by
31reducing amounts owed by the state to school districts or
32community college districts for any other mandate claims.begin insert Under
33no circumstances shall a school district or community college
34district be required to remit funding back to the state to pay for
35disallowed costs identified by a Controller audit of claimed
36reimbursable state-mandated local program costs.end insert The Controller
37shallbegin insert not recover any amount owed by a school district or
38community
college district pursuant to an audit of claimed
39reimbursable state-mandated local program costs by reducing any
40amount owed a school district or community college district for
P131 1any purpose other than amounts owed for any other mandate
2claims. The Controller shallend insert apply amounts received by each school
3district or community college district against any balances of
4unpaid claims for reimbursement of state-mandated local program
5costs and interest in chronological order beginning with the earliest
6claim. The Controller shall report to each school district and
7community college district the amounts of any claims and interest
8that are offset from funds provided pursuant to this section, and
9shall report a summary of the amounts offset for each mandate for
10each fiscal year to the Department of Finance and the fiscal
11committees of the Legislature.
12(d) (1) The governing board of a school district or
community
13college district may expend funds received pursuant to this section
14for any one-time purpose, as determined by the governing board.
15(2) It is the intent of the Legislature that school districts will
16prioritize the use of these one-time funds for professional
17development, instructional materials, technology infrastructure,
18and any other investments necessary to support implementation
19of the common core standards in English language arts and
20mathematics, the implementation of English language development
21standards, and the implementation of the Next Generation Science
22standards.
begin insertSection 17581.9 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
24to read:end insert
(a) (1) The sum of three billion ninety-eight million
26four hundred fifty-five thousand dollars ($3,098,455,000) is hereby
27appropriated from the General Fund to the Superintendent of
28Public Instruction for allocation to school districts and county
29superintendents of schools in the manner, and for the purposes,
30set forth in this section.
31(2) The sum of six hundred four million forty-three thousand
32dollars ($604,043,000) is hereby appropriated from the General
33Fund to the Chancellor of the California Community Colleges for
34allocation to community college districts in the manner, and for
35the purposes, set forth in this section.
36(3) For purposes of this section, a school district
includes a
37county office of education and a charter school.
38(b) (1) (A) The Superintendent of Public Instruction shall
39allocate forty million dollars ($40,000,000) of the funds
P132 1appropriated pursuant to paragraph (1) of subdivision (a) to county
2superintendents of schools, as follows:
3(i) Each county superintendent of schools shall be allocated the
4greater of: (i) thirty thousand dollars ($30,000), multiplied by the
5number of school districts for which the county superintendent of
6schools has jurisdiction pursuant to Section 1253 of the Education
7Code; or (ii) eighty thousand dollars ($80,000).
8(ii) After the allocations pursuant to subparagraph (A), the
9balance shall be allocated in an equal amount per unit of regular
10average daily attendance, as those average daily
attendance
11numbers are reported at the time of the second principal
12apportionment for the 2014-15 fiscal year.
13(B) For purposes of allocating funding pursuant to this
14paragraph only, “regular average daily attendance” means the
15aggregate number of units of average daily attendance within the
16county attributable to all school districts for which the county
17superintendent of schools has jurisdiction pursuant to Section
181253 of the Education Code, charter schools within the county,
19and the schools operated by the county superintendent of schools.
20(2) It is the intent of the Legislature that county offices of
21education will prioritize the use of funds allocated pursuant to
22paragraph (1) for investments necessary to support new
23responsibilities required under the evolving accountability
24structure of the local control funding formula and develop greater
25capacity and consistency within
and between county offices of
26education. A county office of education may encumber funds
27apportioned pursuant to this section at any time during the
282015-16 or 2016-17 fiscal year.
29(3) The Superintendent shall allocate three billion fifty-eight
30million four hundred fifty-five thousand dollars ($3,058,455,000)
31of the funds appropriated pursuant to paragraph (1) of subdivision
32(a) to school districts on the basis of an equal amount per unit of
33regular average daily attendance, as those average daily
34attendance numbers are reported at the time of the second principal
35apportionment for the 2014-15 fiscal year.
36(c) The Chancellor of the California Community Colleges shall
37allocate the funds appropriated pursuant to paragraph (2) of
38subdivision (a) to community college districts on the basis of an
39equal amount per enrolled full-time equivalent student, as those
P133 1numbers of students are
reported at the time of the second principal
2apportionment for the 2014-15 fiscal year.
3(d) Allocations made pursuant to this section shall first satisfy
4any outstanding claims pursuant to Section 6 of Article XIII B of
5the California Constitution for reimbursement of state-mandated
6local program costs for any fiscal year. Notwithstanding Section
712419.5 and any amounts that are paid in satisfaction of
8outstanding claims for reimbursement of state-mandated local
9program costs, the Controller may audit any claim as allowed by
10law, and may recover any amount owed by school districts or
11community college districts pursuant to an audit only by reducing
12amounts owed by the state to school districts or community college
13districts for any other mandate claims. Under no circumstances
14shall a school district or community college district be required
15to remit funding back to the state to pay for disallowed costs
16identified by a Controller audit of
claimed reimbursable
17state-mandated local program costs. The Controller shall not
18recover any amount owed by a school district or community college
19district pursuant to an audit of claimed reimbursable
20state-mandated local program costs by reducing any amount owed
21a school district or community college district for any purpose
22other than amounts owed for any other mandate claims. The
23Controller shall apply amounts received by each school district
24or community college district against any balances of unpaid
25claims for reimbursement of state-mandated local program costs
26and interest in chronological order beginning with the earliest
27claim. The Controller shall report to each school district and
28community college district the amounts of any claims and interest
29that are offset from funds provided pursuant to this section, and
30shall report a summary of the amounts offset for each mandate for
31each fiscal year to the Department of Finance and the fiscal
32committees of the Legislature.
33(e) (1) The governing board of a school district or community
34college district may expend the one-time funds received pursuant
35to this section for any purpose, as determined by the governing
36board.
37(2) It is the intent of the Legislature that school districts shall
38prioritize the use of these one-time funds for professional
39development, induction for beginning teachers with a focus on
40relevant mentoring, instructional materials, technology
P134 1infrastructure, and any other investments necessary to support
2implementation of the common core standards in English language
3arts and mathematics, the implementation of English language
4development standards, and the implementation of the Next
5Generation Science standards.
6(f) For purposes of making the computations required by Section
78 of Article XVI of the
California Constitution, three hundred
8nineteen million two hundred thirty-one thousand dollars
9($319,231,000) of the appropriations made by subdivision (a) shall
10be deemed to be “General Fund revenues appropriated for school
11districts,” as defined in subdivision (c) of Section 41202 of the
12Education Code, for the 2013-14 fiscal year, and included within
13the “total allocations to school districts and community college
14districts from General Fund proceeds of taxes appropriated
15pursuant to Article XIII B,” as defined in subdivision (e) of Section
1641202 of the Education Code, for the 2013-14 fiscal year.
17(g) For purposes of making the computations required by
18Section 8 of Article XVI of the California Constitution, ninety-three
19million five hundred twenty-nine thousand dollars ($93,529,000)
20of the appropriations made by subdivision (a) shall be deemed to
21be “General Fund revenues appropriated for community college
22districts,” as defined in
subdivision (d) of Section 41202 of the
23Education Code, for the 2013-14 fiscal year, and included within
24the “total allocations to school districts and community college
25districts from General Fund proceeds of taxes appropriated
26pursuant to Article XIII B,” as defined in subdivision (e) of Section
2741202 of the Education Code, for the 2013-14 fiscal year.
28(h) For purposes of making the computations required by
29Section 8 of Article XVI of the California Constitution, two billion
30seven hundred forty-eight million three hundred forty-nine
31thousand dollars ($2,748,349,000) of the appropriations made by
32subdivision (a) shall be deemed to be “General Fund revenues
33appropriated for school districts,” as defined in subdivision (c)
34of Section 41202 of the Education Code, for the 2014-15 fiscal
35year, and included within the “total allocations to school districts
36and community college districts from General Fund proceeds of
37taxes appropriated pursuant to
Article XIII B,” as defined in
38subdivision (e) of Section 41202 of the Education Code, for the
392014-15 fiscal year.
P135 1(i) For purposes of making the computations required by Section
28 of Article XVI of the California Constitution, three hundred
3ninety-three million two hundred twenty thousand dollars
4($393,220,000) of the appropriations made by subdivision (a) shall
5be deemed to be “General Fund revenues appropriated for
6community college districts,” as defined in subdivision (d) of
7Section 41202 of the Education Code, for the 2014-15 fiscal year,
8and included within the “total allocations to school districts and
9community college districts from General Fund proceeds of taxes
10appropriated pursuant to Article XIII B,” as defined in subdivision
11(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
12year.
13(j) For purposes of making the computations required by Section
148 of
Article XVI of the California Constitution, one hundred
15seventeen million two hundred ninety-four thousand dollars
16($117,294,000) of the appropriations made by subdivision (a) shall
17be deemed to be “General Fund revenues appropriated for
18community college districts,” as defined in subdivision (d) of
19Section 41202 of the Education Code, for the 2015-16 fiscal year,
20and included within the “total allocations to school districts and
21community college districts from General Fund proceeds of taxes
22appropriated pursuant to Article XIII B,” as defined in subdivision
23(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
24year.
25(k) For purposes of making the computations required by Section
268 of Article XVI of the California Constitution, thirty million eight
27hundred seventy-five thousand dollars ($30,875,000) of the
28appropriations made by subdivision (a) shall be deemed to be
29“General Fund revenues appropriated for school districts,” as
30
defined in subdivision (c) of Section 41202 of the Education Code,
31for the 2015-16 fiscal year, and included within the “total
32allocations to school districts and community college districts
33from General Fund proceeds of taxes appropriated pursuant to
34Article XIII B,” as defined in subdivision (e) of Section 41202 of
35the Education Code, for the 2015-16 fiscal year.
begin insertSection 33607.5 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert
(a) (1) This section shall apply to each
39redevelopment project area that, pursuant to a redevelopment plan
40which contains the provisions required by Section 33670, is either:
P136 1(A) adopted on or after January 1, 1994, including later
2amendments to these redevelopment plans; or (B) adopted prior
3to January 1, 1994, but amended, after January 1, 1994, to include
4new territory. For plans amended after January 1, 1994, only the
5tax increments from territory added by the amendment shall be
6subject to this section. All the amounts calculated pursuant to this
7section shall be calculated after the amount required to be deposited
8in the Low and Moderate Income Housing Fund pursuant to
9Sections 33334.2, 33334.3, and 33334.6 has been deducted from
10the total amount of tax increment funds received by the agency in
11
the applicable fiscal year.
12(2) The payments made pursuant to this section shall be in
13addition to any amounts the affected taxing entities receive
14pursuant to subdivision (a) of Section 33670. The payments made
15pursuant to this section to the affected taxing entities, including
16the community, shall be allocated among the affected taxing
17entities, including the community if the community elects to receive
18payments, in proportion to the percentage share of property taxes
19each affected taxing entity, including the community, receives
20during the fiscal year the funds are allocated, which percentage
21share shall be determined without regard to any amounts allocated
22to a city, a city and county, or a county pursuant to Sections 97.68
23and 97.70 of the Revenue and Taxation Code, and without regard
24to any allocation reductions to a city, a city and county, a county,
25a special district, or a redevelopment agency pursuant to Sections
2697.71, 97.72, and
97.73 of the Revenue and Taxation Code and
27Section 33681.12. The agency shall reduce its payments pursuant
28to this section to an affected taxing entity by any amount the agency
29has paid, directly or indirectly, pursuant to Section 33445, 33445.5,
3033445.6, 33446, or any other provision of law other than this
31section for, or in connection with, a public facility owned or leased
32by that affected taxing agency, except: (A) any amounts the
33agency has paid directly or indirectly pursuant to an agreement
34with a taxing entity adopted prior to January 1, 1994; or (B) any
35amounts that are unrelated to the specific project area or
36amendment governed by this section. The reduction in a payment
37by an agency to a school district, community college district, or
38county office of education, or for special education, shall be
39subtracted only from the amount that otherwise would be available
40 for use by those entities for educational facilities pursuant to
P137 1paragraph (4). If the
amount of the reduction exceeds the amount
2that otherwise would have been available for use for educational
3facilities in any one year, the agency shall reduce its payment in
4more than one year.
5(3) If an agency reduces its payment to a school district,
6community college district, or county office of education, or for
7special education, the agency shall do all of the following:
8(A) Determine the amount of the total payment that would have
9been made without the reduction.
10(B) Determine the amount of the total payment without the
11reduction which: (i) would have been considered property taxes;
12and (ii) would have been available to be used for educational
13facilities pursuant to paragraph (4).
14(C) Reduce the amount available to be used for educational
15
facilities.
16(D) Send the payment to the school district, community college
17district, or county office of education, or for special education,
18with a statement that the payment is being reduced and including
19the calculation required by this subdivision showing the amount
20to be considered property taxes and the amount, if any, available
21for educational facilities.
22(4) (A) Except as specified in subparagraph (E), of the total
23amount paid each year pursuant to this section to school districts,
2443.3 percent shall be considered to be property taxes forbegin delete theend delete
25 purposes of paragraph (1) of subdivision (h) of Section 42238 of
26the Educationbegin delete Code, as it read on January 1, 2013,end deletebegin insert Codeend insert and
27paragraph (1) of subdivision (j) of Section 42238.02 of the
28Education Code, and 56.7 percent shall not be considered to be
29property taxes forbegin delete theend delete purposes of that section and shall be available
30to be used for educational facilities, including,begin delete in the case of land acquisition, facility construction,
31amounts paid during the 2011-12 fiscal year through the 2015-16
32fiscal year, inclusive,end delete
33reconstruction, remodeling, maintenance, or deferred maintenance.
34(B) Except as specified in subparagraph (E), of the total amount
35paid each year pursuant to this section to community college
36districts, 47.5 percent shall be considered to be property taxes for
37begin delete theend delete purposes of Section 84751 of the Education Code, and 52.5
38percent shall not be considered to be property taxes forbegin delete theend delete purposes
39of that section and shall be available to be used for educational
40facilities, including,begin delete in the case of amounts paid during the 2011-12 land
P138 1fiscal year through the 2015-16 fiscal year, inclusive,end delete
2acquisition, facility construction, reconstruction, remodeling,
3maintenance, or deferred maintenance.
4(C) Except as specified in subparagraph (E), of the total amount
5paid each year pursuant to this section to county offices of
6education, 19 percent shall be considered to be property taxes for
7begin delete theend delete purposes ofbegin delete Sectionend deletebegin insert Sectionsend insert 2558begin delete of the Education Code, as and
8it read on January 1, 2013,end deletebegin delete Sectionend delete 2575 of the Education
9Code, and 81 percent shall not be considered to be property taxes
10forbegin delete theend delete purposes ofbegin delete that sectionend deletebegin insert those sectionsend insert and shall be available
11to be used for educational facilities, including,begin delete in the case of land acquisition, facility construction,
12amounts paid during the 2011-12 fiscal year through the 2015-16
13fiscal year, inclusive,end delete
14reconstruction, remodeling, maintenance, or deferred maintenance.
15(D) Except as specified in subparagraph (E), of the total amount
16paid each year pursuant to this section for special education, 19
17percent shall be considered to be property taxes forbegin insert purposes of
18Sections 2558 and 2575 ofend insert thebegin insert Education Code, or forend insert purposes
19ofbegin insert paragraph (1) of subdivision (h) ofend insert Sectionbegin delete 56712end deletebegin insert 42238end insert of the
20Educationbegin insert Code and paragraph (1) of subdivision (j) of Section
2142238.02 of the Educationend insert Code,begin insert as applicable,end insert and 81 percent
22shall not be considered to be property taxes forbegin delete theend delete purposes of
23begin delete that sectionend deletebegin insert those sectionsend insert and shall be available to be used for
24education facilities, including,begin delete in the case of amounts paid during
25the 2011-12 fiscal year through the 2015-16 fiscal year, inclusive,end delete
26 land acquisition, facility construction, reconstruction, remodeling,
27maintenance, or deferred maintenance.
28(E) If, pursuant to paragraphs (2) and (3), an agency reduces its
29payments to an educational entity, the calculation made by the
30agency pursuant to paragraph (3) shall determine the amount
31considered to be property taxes and the amount available to be
32used for educational facilities in the year the reduction was made.
33(5) Local education agencies that use funds received pursuant
34to this section for school facilities shall spend these funds at schools
35that are: (A) within the project area, (B) attended by students from
36the project area, (C) attended by students generated by projects
37that are assisted directly by the
redevelopment agency, or (D)
38determined by the governing board of a local education agency to
39be of benefit to the project area.
P139 1(b) Commencing with the first fiscal year in which the agency
2receives tax increments and continuing through the last fiscal year
3in which the agency receives tax increments, a redevelopment
4agency shall pay to the affected taxing entities, including the
5community if the community elects to receive a payment, an
6amount equal to 25 percent of the tax increments received by the
7agency after the amount required to be deposited in the Low and
8Moderate Income Housing Fund has been deducted. In any fiscal
9year in which the agency receives tax increments, the community
10that has adopted the redevelopment project area may elect to
11receive the amount authorized by this paragraph.
12(c) Commencing with the 11th fiscal year in which the agency
13receives tax increments
and continuing through the last fiscal year
14in which the agency receives tax increments, a redevelopment
15agency shall pay to the affected taxing entities, other than the
16community which has adopted the project, in addition to the
17amounts paid pursuant to subdivision (b) and after deducting the
18amount allocated to the Low and Moderate Income Housing Fund,
19an amount equal to 21 percent of the portion of tax increments
20received by the agency, which shall be calculated by applying the
21tax rate against the amount of assessed value by which the current
22year assessed value exceeds the first adjusted base year assessed
23value. The first adjusted base year assessed value is the assessed
24value of the project area in the 10th fiscal year in which the agency
25receives tax increment revenues.
26(d) Commencing with the 31st fiscal year in which the agency
27receives tax increments and continuing through the last fiscal year
28in which the agency receives tax
increments, a redevelopment
29agency shall pay to the affected taxing entities, other than the
30community which has adopted the project, in addition to the
31amounts paid pursuant to subdivisions (b) and (c) and after
32deducting the amount allocated to the Low and Moderate Income
33Housing Fund, an amount equal to 14 percent of the portion of tax
34increments received by the agency, which shall be calculated by
35applying the tax rate against the amount of assessed value by which
36the current year assessed value exceeds the second adjusted base
37year assessed value. The second adjusted base year assessed value
38is the assessed value of the project area in the 30th fiscal year in
39which the agency receives tax increments.
P140 1(e) (1) Prior to incurring any loans, bonds, or other
2indebtedness, except loans or advances from the community, the
3agency may subordinate to the loans, bonds, or other indebtedness
4the amount required to be paid to an
affected taxing entity by this
5section, provided that the affected taxing entity has approved these
6subordinations pursuant to this subdivision.
7(2) At the time the agency requests an affected taxing entity to
8subordinate the amount to be paid to it, the agency shall provide
9the affected taxing entity with substantial evidence that sufficient
10funds will be available to pay both the debt service and the
11payments required by this section, when due.
12(3) Within 45 days after receipt of the agency’s request, the
13affected taxing entity shall approve or disapprove the request for
14subordination. An affected taxing entity may disapprove a request
15for subordination only if it finds, based upon substantial evidence,
16that the agency will not be able to pay the debt payments and the
17amount required to be paid to the affected taxing entity. If the
18affected taxing entity does not act within 45
days after receipt of
19the agency’s request, the request to subordinate shall be deemed
20approved and shall be final and conclusive.
21(f) (1) The Legislature finds and declares both of the following:
22(A) The payments made pursuant to this section are necessary
23in order to alleviate the financial burden and detriment that affected
24taxing entities may incur as a result of the adoption of a
25redevelopment plan, and payments made pursuant to this section
26will benefit redevelopment project areas.
27(B) The payments made pursuant to this section are the exclusive
28payments that are required to be made by a redevelopment agency
29to affected taxing entities during the term of a redevelopment plan.
30(2) Notwithstanding any otherbegin delete provision ofend delete law, a redevelopment
31agency shall not be required, either directly or indirectly, as a
32measure to mitigate a significant environmental effect or as part
33of any settlement agreement or judgment brought in any action to
34contest the validity of a redevelopment plan pursuant to Section
3533501, to make any other payments to affected taxing entities, or
36to pay for public facilities that will be owned or leased to an
37affected taxing entity.
38(g) As used in this section, a “local education agency” is a school
39district, a community college district, or a county office of
40education.
begin insertSection 33607.7 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert
(a) This section shall apply to a redevelopment plan
4amendment for any redevelopment plans adopted prior to January
51, 1994, that increases the limitation on the number of dollars to
6be allocated to the redevelopment agency or that increases, or
7eliminates pursuant to paragraph (1) of subdivision (e) of Section
833333.6, the time limit on the establishing of loans, advances, and
9indebtedness established pursuant to paragraphs (1) and (2) of
10subdivision (a) of Section 33333.6, as those paragraphs read on
11December 31, 2001, or that lengthens the period during which the
12redevelopment plan is effective if the redevelopment plan being
13amended contains the provisions required by subdivision (b) of
14Section 33670. However, this section shall not apply to those
15redevelopment plans that add new territory.
16(b) If a redevelopment agency adopts an amendment that is
17governed by the provisions of this section, it shall pay to each
18affected taxing entity either of the following:
19(1) If an agreement exists that requires payments to the taxing
20entity, the amount required to be paid by an agreement between
21the agency and an affected taxing entity entered into prior to
22January 1, 1994.
23(2) If an agreement does not exist, the amounts required pursuant
24to subdivisions (b), (c), (d), and (e) of Section 33607.5, until
25termination of the redevelopment plan, calculated against the
26amount of assessed value by which the current year assessed value
27exceeds an adjusted base year assessed value. The amounts shall
28be allocated between property taxes and educational facilities,
29including, in the case of amounts paidbegin delete duringend deletebegin insert commencing withend insert
30 the 2011-12 fiscalbegin delete year through the 2015-16 fiscalend delete year,begin delete inclusive,end delete
31 land acquisition, facility construction, reconstruction, remodeling,
32maintenance, or deferred maintenance, according to the appropriate
33formula in paragraph (3) of subdivision (a) of Section 33607.5. In
34determining the applicable amount under Section 33607.5, the first
35fiscal year shall be the first fiscal year following the fiscal year in
36which the adjusted base year value is determined.
37(c) The adjusted base year assessed value shall be the assessed
38value of the project area in the year in which the limitation being
39amended would have taken effect without the amendment or, if
40more than one limitation is being amended, the first year in which
P142 1one or more of the limitations would have taken effect without the
2amendment. The agency shall commence making these payments
3pursuant to the terms of the agreement, if applicable, or, if an
4agreement does not exist, in the first fiscal
year following the fiscal
5year in which the adjusted base year value is determined.
begin insertSection 11 of Chapter 325 of the Statutes of 2012 is
7amended to read:end insert
(a) Notwithstanding Sections 17456, 17457, 17462,
9and 17463 of the Education Code, or any other law, from
10September 1, 2012, to June 30, 2018, inclusive, the Inglewood
11Unified School District may sell property owned by the school
12district and use the proceeds from the sale to reduce or retire the
13emergency loan provided in Section 8 of this act. The sale only of
14property pursuant to this subdivision is not subject to Section
1517459 or 17464 of the Education Code.
16(b) Notwithstanding any other law, from June 1, 2012, to June
1730, 2018, inclusive, the Inglewood Unified School District is not
18eligible for financial hardship assistance pursuant to Article 8
19(commencing with Section 17075.10) of Chapter 12.5 of Part 10
20of Division 1 of Title 1 of the Education
Code.
It is the intent of the Legislature that when the local
22control funding formula is fully implemented pursuant to
23subdivision (g) of Section 42238.03 of the Education Code, local
24educational agencies shall be required to report to the
25Superintendent of Public Instruction for compilation on the State
26Department of Education’s Internet Web site both of the following:
27(a) The amount of funds received on the basis of the number
28and concentration of unduplicated pupils in the current year and,
29to the extent available, prior fiscal years.
30(b) The amount of local control funding formula funds expended
31on services for unduplicated pupils in the current year and, to the
32extent available, prior fiscal years commencing with the 2013-14
33fiscal year.
(a) On or before June 30, 2016, an amount to be
35determined by the Director of Finance, not to exceed the amount
36of the shortfall specified in subdivision (b), shall be appropriated
37from the General Fund to the Superintendent of Public Instruction
38in augmentation of Schedule (1) of Item 6110-161-0001 of Section
392.00 of the Budget Act of 2015.
P143 1(b) The funds appropriated in subdivision (a) shall not exceed
2the amount by which revenues distributed to local educational
3agencies for special education programs pursuant to Sections
4
34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code
5are less than the estimated amount reflected in the Budget Act of
62015, as determined by the Director of Finance.
7(c) On or before June 30, 2016, the Director of Finance shall
8determine if the revenues distributed to local educational agencies
9for special education programs pursuant to Sections 34177,
1034179.5, 34179.6, and 34188 of the Health and Safety Code exceed
11the estimated amount reflected in the Budget Act of 2015 and shall
12reduce Schedule (1) of Item 6110-161-0001 of Section 2.00 of the
13Budget Act of 2015 by the amount of that excess.
14(d) In making the determinations pursuant to subdivisions (b)
15and (c), the Director of Finance shall consider any other local
16property tax revenues collected in excess or in deficit of the
17estimated amounts reflected in the Budget Act of 2015.
18(e) The Director of Finance shall notify the Chairperson of the
19Joint Legislative Budget Committee, or his or her designee, of his
20or her intent to notify the Controller of the necessity to release
21funds appropriated in subdivision (a) or to make the reduction
22pursuant to subdivision (c), and the amount needed to address the
23property tax shortfall determined pursuant to subdivision (b) or
24the amount of the reduction made pursuant to subdivision (c). The
25Controller shall make the funds available pursuant to subdivision
26(a) not sooner than five days after this notification, and the State
27Department of Education shall work with the Controller to allocate
28these funds to local educational agencies as soon as practicable.
29(f) For purposes of making the computations required by Section
308 of Article XVI of the California Constitution, the appropriations
31made by subdivision (a) shall be
deemed to be “General Fund
32revenues appropriated for school districts,” as defined in
33subdivision (c) of Section 41202 of the Education Code, for the
342015-16 fiscal year, and included within the “total allocations to
35school districts and community college districts from General
36Fund proceeds of taxes appropriated pursuant to Article XIII B,”
37as defined in subdivision (e) of Section 41202 of the Education
38Code, for the 2015-16 fiscal year.
(a) The State Department of Education shall convene,
40by September 1, 2015, a stakeholder group to provide
P144 1recommendations to streamline data and other reporting
2requirements for child care and early learning providers that
3contract with the State Department of Education to provide state
4preschool and other state subsidized child care and early learning
5programs under Title 5 of the California Code of Regulations. The
6recommendations shall address the challenges and redundancies
7in reporting faced by contractors and providers that deliver
8services to children through multiple contracts from
different
9sources, including federal Head Start and Early Head Start, state
10preschool, and other Title 5 programs, programs administered by
11the California Children and Families Commission, and other
12federal, state, and local programs.
13(b) The stakeholder group shall identify current reporting
14requirements for the programs identified in subdivision (a) in
15statute, regulations, and other administering documents, including
16funding terms and conditions and management bulletins, and shall
17find redundancies that can be eliminated, similar requirements
18that can be aligned, and other changes that could result in
19efficiencies for providers and contractors. The recommendations
20made by the stakeholder group shall reduce the administrative
21workload for contractors and providers that deliver services under
22multiple contracts without increasing administrative workload for
23contractors and providers that deliver services under a single state
24contract.
25(c) The stakeholder group shall consist of no more than seven
26members, including one designee of the State Department of
27Education, one designee of the California Children and Families
28Commission, one designee of the State Department of Social
29Services, one state preschool contractor, one Title 5 contractor,
30one federal Head Start contractor, and one entity receiving funding
31through a program administered by the California Children and
32Families Commission. Contractors and providers shall represent,
33to the extent practicable, the regional and care environment
34diversity of state child care and early learning programs, including
35family child care home networks and local educational agencies.
36(d) The stakeholder group shall provide its recommendations
37to the Legislature, the Department of Finance, and the State Board
38of Education no later than April 1, 2016. At least one month before
39
presenting its recommendations, the group shall make a draft of
40its findings available to the Department of Finance and the
P145 1Governor’s State Advisory Council for Early Learning and Care
2for review and comment.
(a) The State Department of Education shall convene,
4by September 1, 2015, a stakeholder group to examine CalWORKs
5Stage 2, CalWORKs Stage 3, and alternative payment program
6child care contract requirements, program and fiscal audits, and
7the process by which contractors are informed of and implement
8new contract requirements, with the purpose of identifying
9redundancies and efficiencies in program implementation and
10reducing the workload in program administration.
11(b) The stakeholder group shall identify existing
requirements
12for the administration of the programs identified in subdivision
13(a), as described in program contracts and funding terms and
14conditions. The group shall examine the current requirements, as
15well as the existing protocols in place for ensuring contract
16compliance through program and fiscal audits, and identify
17recommended actions the state could take to reduce redundant
18workload for contractors and allow for efficiencies in program
19administration, especially by utilizing technology. The group shall
20also examine recent management bulletins and other documents
21that alert contractors to changes in program administration
22requirements, and recommend ways that future changes could be
23implemented to reduce program disruption and allow contractors
24more implementation flexibility.
25(c) The stakeholder group shall consist of no more than seven
26members, including one designee of the State Department of
27Education, one designee of the California
Children and Families
28Commission, one designee of the State Department of Social
29Services, and four representatives of alternative payment program
30agencies that contract with the state to provide child care vouchers.
31Contractors shall represent, to the extent practicable, the regional
32and size diversity of alternative payment programs.
33(d) The stakeholder group shall provide its recommendations
34to the Legislature, the Department of Finance, and the State Board
35of Education no later than April 1, 2016. At least one month before
36presenting its recommendations, the group shall make a draft of
37its findings available to the Department of Finance and the
38Governor’s State Advisory Council for Early Learning and Care
39for review and comment.
(a) The sum of fifty thousand dollars ($50,000) is
2hereby appropriated from the General Fund to the State
3Department of Education for transfer to Section A of the State
4School Fund and allocation by the Controller for payment of claims
5for costs incurred in the 2013-14 and 2014-15 fiscal years
6pursuant to paragraph (1) of subdivision (f) of Section 44944 of
7the Education Code. Notwithstanding any other law, the Controller
8shall encumber the funds appropriated in this section by June 30,
92016.
10(b) For purposes of making the
computations required by
11Section 8 of Article XVI of the California Constitution, the
12appropriations made by subdivision (a) shall be deemed to be
13“General Fund revenues appropriated for school districts,” as
14defined in subdivision (c) of Section 41202 of the Education Code,
15for the 2014-15 fiscal year, and included within the “total
16allocations to school districts and community college districts
17from General Fund proceeds of taxes appropriated pursuant to
18Article XIII B,” as defined in subdivision (e) of Section 41202 of
19the Education Code, for the 2014-15 fiscal year.
(a) For purposes of making the computations
21required by Section 8 of Article XVI of the California Constitution,
22one hundred fifty million dollars ($150,000,000) of the
23appropriation made by paragraph (1) of subdivision (a) of Section
2453070 of the Education Code shall be deemed to be “General
25Fund revenues appropriated for school districts,” as defined in
26subdivision (c) of Section 41202 of the Education Code, for the
272014-15 fiscal year, and included within the “total allocations to
28school districts and community college districts from General
29Fund proceeds of taxes appropriated pursuant
to Article XIII B,”
30as defined in subdivision (e) of Section 41202 of the Education
31Code, for the 2014-15 fiscal year.
32(b) For purposes of making the computations required by
33Section 8 of Article XVI of the California Constitution, two hundred
34fifty million dollars ($250,000,000) of the appropriation made by
35paragraph (1) of subdivision (a) of Section 53070 of the Education
36Code shall be deemed to be “General Fund revenues appropriated
37for school districts,” as defined in subdivision (c) of Section 41202
38of the Education Code, for the 2015-16 fiscal year, and included
39within the “total allocations to school districts and community
40college districts from General Fund proceeds of taxes appropriated
P147 1pursuant to Article XIII B,” as defined in subdivision (e) of Section
241202 of the Education Code, for the 2015-16 fiscal year.
3(c) For
purposes of making the computations required by Section
48 of Article XVI of the California Constitution, three hundred
5million dollars ($300,000,000) of the appropriation made by
6paragraph (2) of subdivision (a) of Section 53070 of the Education
7Code shall be deemed to be “General Fund revenues appropriated
8for school districts,” as defined in subdivision (c) of Section 41202
9of the Education Code, for the 2016-17 fiscal year, and included
10within the “total allocations to school districts and community
11college districts from General Fund proceeds of taxes appropriated
12pursuant to Article XIII B,” as defined in subdivision (e) of Section
1341202 of the Education Code, for the 2016-17 fiscal year.
14(d) For purposes of making the computations required by
15Section 8 of Article XVI of the California Constitution, two hundred
16million dollars ($200,000,000) of the appropriation made by
17paragraph (3) of subdivision (a) of Section
53070 of the Education
18Code shall be deemed to be “General Fund revenues appropriated
19for school districts,” as defined in subdivision (c) of Section 41202
20of the Education Code, for the 2017-18 fiscal year, and included
21within the “total allocations to school districts and community
22college districts from General Fund proceeds of taxes appropriated
23pursuant to Article XIII B,” as defined in subdivision (e) of Section
2441202 of the Education Code, for the 2017-18 fiscal year.
(a) The sum of three hundred fifty thousand dollars
26($350,000) is hereby appropriated to the Superintendent of Public
27Instruction for support and development of the evaluation rubrics
28adopted pursuant to Section 52064.5 of the Education Code.
29(b) For the purposes outlined in subdivision (a), the State
30Department of Education, in collaboration with and subject to the
31approval of the executive director of the State Board of Education,
32shall enter into a contract with the San Joaquin County Office of
33Education to perform
activities that ensure alignment of the
34evaluation rubrics with California’s accountability system,
35accommodate state and local data availability, and reflect
36consistency with implementation of the local control funding
37formula.
38(c) For purposes of making the computations required by Section
398 of Article XVI of the California Constitution, the appropriation
40made by subdivision (a) shall be deemed to be “General Fund
P148 1revenues appropriated for school districts,” as defined in
2subdivision (c) of Section 41202 of the Education Code, for the
32014-15 fiscal year, and included within the “total allocations to
4school districts and community college districts from General
5Fund proceeds of taxes appropriated pursuant to Article XIII B,”
6as defined in subdivision (e) of Section 41202 of the Education
7Code, for the 2014-15 fiscal year.
For purposes of apportionments calculated pursuant
9to Section 47663 of the Education Code for the 2009-10 and
102010-11 fiscal years, the Superintendent of Public Instruction
11shall include in the amount of property taxes as referenced in
12paragraph (1) of subdivision (b) of Section 47663 of the Education
13Code, as that section read at that time, and property taxes
14transferred to a charter school or schools as referenced in
15paragraph (2) of subdivision (b) of Section 47663 of the Education
16Code, as that section read at that time, allocations from the
17Supplemental Educational Revenue Augmentation Fund pursuant
18to
subdivision (j) of Section 33690 of the Health and Safety Code.
Commencing with the 2015-16 fiscal year, the
20Superintendent of Public Instruction shall add two million dollars
21($2,000,000) to the amount to be apportioned pursuant to Sections
222574 and 2575 of the Education Code for the Los Angeles County
23Office of Education for the purpose of supporting professional
24development and leadership training for education professionals
25related to antibias education and the creation of inclusive and
26equitable schools.
Of the amount allocated in Schedule (1) of Item
286110-161-0001 of Section 2.00 of the Budget Act of 2012, sixteen
29million five hundred forty-nine thousand dollars ($16,549,000)
30shall be allocated to fund the 2010-11 fiscal year maintenance of
31effort in the special education program, and nineteen million one
32hundred seventy-three thousand dollars ($19,173,000) shall be
33allocated to fund the 2011-12 maintenance of effort in the special
34education program.
(a) The sum of ten million dollars ($10,000,000) is
36hereby appropriated from the General Fund to the Superintendent
37of Public Instruction on a one-time basis to apportion to a
38designated county office of education or two designated county
39offices of education applying jointly to provide technical assistance
40and to develop and disseminate statewide resources that encourage
P149 1and assist local educational agencies and charter schools in
2establishing and aligning schoolwide, data-driven systems of
3learning and behavioral supports for the purpose of meeting the
4needs of California’s diverse
learners in the most inclusive
5environments possible. The designated county office of education
6or county offices of education shall be selected by the State
7Department of Education and the executive director of the State
8Board of Education from among applicants that submit a detailed
9proposal for how they will effectively meet the criteria described
10in subdivisions (b), (c), and (e). These proposals shall include a
11detailed description of how the designated county office of
12education or county offices of education would use the funds,
13including how much funding it proposes to allocate to local
14educational agencies and charter schools for start-up and
15demonstration grants pursuant to paragraphs (8) and (9) of
16subdivision (c). If two county offices of education apply jointly,
17their application shall describe how their collaboration will not
18result in a duplication of effort. The designated county office of
19education or county offices of education shall encumber or expend
20the funds provided through this
section by June 30, 2018.
21(b) The designated county office of education or county offices
22of education shall identify existing evidence-based resources,
23professional development activities, and other efforts currently
24available at the state, federal, and local levels, as well as develop
25new evidence-based resources and activities, designed to help
26local educational agencies and charter schools across the state
27do all the following:
28(1) Implement integrated multi-tiered systems of standards-based
29instruction, interventions, mental health, and academic and
30behavioral supports aligned with accessible instruction and
31curriculum using the principles of universal design, such as
32universal design for learning, established in the state curriculum
33frameworks and local control and accountability plans.
34(2) Provide services
that can reduce the need for a pupil’s
35referral to special education or placement in more restrictive,
36isolated settings.
37(3) Leverage and coordinate multiple school and community
38resources, including collaborations with local mental health
39agencies to provide school-based mental health services.
P150 1(4) Implement multi-tiered, evidence-based, data-driven school
2districtwide and schoolwide systems of support in both academic
3and behavioral areas including, but not limited to, positive
4behavior interventions and support, restorative justice, bullying
5prevention, social and emotional learning, trauma-informed
6practice, and cultural competency.
7(5) Incorporate the types of practices, services, and efforts
8described in this subdivision into the local control and
9accountability plans of local educational agencies and charter
10
schools.
11(c) The designated county office of education or county offices
12of education shall identify and develop the resources and activities
13pursuant to subdivision (b) with the goal of maximizing their
14availability, efficacy, and usage across the state. To achieve this
15goal, the designated county office of education or county offices
16of education shall employ strategies that may include the following:
17(1) Collect and disseminate evidence-based best practices.
end insertbegin insert
18(2) Develop train-the-trainer models and online training
19modules.
20(3) Offer regional conferences and workshops.
end insertbegin insert
21(4) Provide technical assistance to local educational agencies
22and charter schools.
23(5) Develop a network of educators who can provide coaching
24and training to other local educational agencies and charter
25schools.
26(6) Provide stipends for school personnel to attend training
27sessions.
28(7) Develop evaluation tools to measure the effectiveness of
29evidence-based strategies.
30(8) Provide competitive startup grants to help local educational
31agencies and charter schools implement the practices described
32in subdivision (b).
33(9) Provide demonstration grants to local educational agencies
34and charter schools for the purpose of identifying, evaluating,
35learning about, or testing the feasibility of effective approaches,
36for the purposes of informing the other activities and resources
37
developed pursuant to this subdivision.
38(d) A local educational agency or charter school that receives
39a grant from the designated county office of education or county
40offices of education, as described in paragraphs (8) and (9) of
P151 1subdivision (c), shall, as a condition of receiving the grant, provide
2to the designated county office of education or county offices of
3education any available outcome data resulting from the new
4practices implemented. Such outcome data may include, but is not
5limited to, changes in rates of suspension or expulsion, discipline
6referrals, referrals to special education, pupil attendance, incidents
7of bullying or harassment, graduation rates, dropout rates, and
8measures of pupil academic achievement.
9(e) By September 30 of each fiscal year until the designated
10county office of education or county offices of education have fully
11expended the funds
allocated pursuant to subdivision (a), the
12designated county office of education or county offices of education
13shall submit an annual report to the Superintendent of Public
14Instruction summarizing how the designated county office of
15education or county offices of education used the funds in the prior
16fiscal year. The Superintendent of Public Instruction shall provide
17copies of these reports to the appropriate fiscal and policy
18committees of the Legislature, the Department of Finance, the
19State Board of Education, and the Legislative Analyst’s Office.
20Each annual report shall include all of the following:
21(1) A summary of the activities conducted and resources
22developed.
23(2) The number of local educational agencies and charter
24schools, educators, and pupils served by the activities and
25resources.
26(3) A description of
effective evidence-based strategies identified
27for implementing the practices described in subdivision (b).
28(4) A summary of any data that is available on outcomes
29resulting from the activities conducted, including any data reported
30by local educational agencies or charter schools pursuant to
31subdivision (d). Such outcome data may include, but is not limited
32to, changes in rates of suspension or expulsion, discipline referrals,
33referrals to special education, pupil attendance, incidents of
34bullying or harassment, graduation rates, dropout rates, and
35measures of pupil academic achievement.
36(5) Recommendations for improving state-level activities or
37policies.
38(f) For purposes of making the computations required by Section
398 of Article XVI of the California Constitution, the appropriation
40made by subdivision (a) shall
be deemed to be “General Fund
P152 1revenues appropriated for school districts,” as defined in
2subdivision (c) of Section 41202 of the Education Code, for the
32014-15 fiscal year, and included within the “total allocation to
4school districts and community college districts from General
5Fund proceeds of taxes appropriated pursuant to Article XIII B,”
6as defined in subdivision (e) of Section 41202 of the Education
7Code, for the 2014-15 fiscal year.
(a) The sum of five hundred million dollars
9($500,000,000) is hereby appropriated from the General Fund to
10the Superintendent of Public Instruction for transfer to Section A
11of the State School Fund for the purposes set forth in subdivisions
12(b) and (c).
13(b) Of the funds appropriated pursuant to this section, four
14hundred ninety million dollars ($490,000,000) shall be apportioned
15to school districts, county offices of education, charter schools,
16and the state special schools in an equal amount per certificated
17staff in the
2014-15 fiscal year.
18(1) A school district, county office of education, charter school,
19or state special school shall expend funds allocated pursuant to
20this subdivision for any of the following purposes:
21(A) Beginning teacher and administrator support and mentoring,
22including, but not limited to, programs that support new teacher
23and administrator ability to teach or lead effectively and to meet
24induction requirements adopted by the Commission on Teacher
25Credentialing and pursuant to Section 44259 of the Education
26Code.
27(B) Professional development, coaching, and support services
28for teachers who have been identified as needing improvement or
29additional support by local educational agencies.
30(C) Professional development for teachers and administrators
31
that is aligned to the state content standards adopted pursuant to
32Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.8,
3360605.11, 60605.85, as that section read on June 30, 2014, and
3460811.3, as that section read on June 30, 2013, of the Education
35Code.
36(D) To promote educator quality and effectiveness, including,
37but not limited to, training on mentoring and coaching certificated
38staff and training certificated staff to support effective teaching
39and learning.
P153 1(2) As a condition of receiving funds allocated pursuant to this
2subdivision, a school district, county office of education, charter
3school, or state special school shall do both of the following:
4(A) Develop and adopt a plan delineating how funds allocated
5pursuant to this section shall be spent. The plan shall be explained
6in a public meeting of the
governing board of the school district,
7county board of education, or governing body of the charter school,
8before its adoption in a subsequent public meeting.
9(B) On or before July 1, 2018, report detailed expenditure
10information to the State Department of Education, including, but
11not limited to, specific purchases made and the number of teachers,
12administrators, or paraprofessional educators that received
13professional development. The State Department of Education
14shall determine the format for this report.
15(3) A school district, county office of education, charter school,
16or state special school may expend the funds received pursuant to
17this subdivision over the 2015-16 fiscal year, 2016-17 fiscal year,
18and the 2017-18 fiscal year. It is the intent of the Legislature that
19school districts, county offices of education, charter schools, and
20state special schools coordinate the
use of any federal funds
21received under Title II of the federal No Child Left Behind Act of
222001 (Public Law 107-110) to support teachers and administrators
23with the provisions of this subdivision.
24(4) The State Department of Education shall summarize the
25information reported pursuant to paragraph (2) and shall submit
26the summary to the appropriate budget subcommittees and policy
27committees of the Legislature and to the Department of Finance
28on or before January 1, 2019.
29(c) Of the funds appropriated pursuant to this section, ten
30million dollars ($10,000,000) shall be provided to the K-12
31High-Speed Network for the purpose of providing professional
32development and technical assistance to local educational agencies
33related to network management.
34(1) Professional development and technical assistance shall
35include
training of local educational agency staff, and development
36and distribution of best practices, guidance, and other elements
37of technical support to implement network infrastructure within
38schools and to provide school districts with utilization information
39for optimal decisions.
P154 1(2) The K-12 High-Speed Network may partner with county
2offices of education or other local educational agencies to provide
3statewide access to training and resources.
4(d) Funding apportioned pursuant to this section is subject to
5the annual audits required by Section 41020 of the Education
6Code.
7(e) For purposes of making the computations required by Section
88 of Article XVI of the California Constitution, the funds
9appropriated pursuant to this section shall be deemed to be
10“General Fund revenues appropriated for school districts,” as
11
defined in subdivision (c) of Section 41202 of the Education Code,
12for the 2014-15 fiscal year, and included within the “total
13allocations to school districts and community college districts
14from General Fund proceeds of taxes appropriated pursuant to
15Article XIII B,” as defined in subdivision (e) of Section 41202 of
16the Education Code, for the 2014-15 fiscal year.
Commencing with the 2015-16 fiscal year, and for
18every fiscal year thereafter, the Superintendent of Public
19Instruction shall reduce any home-to-school transportation funding
20of the county local control funding formula calculated pursuant
21to Sections 2574 and 2575 of the Education Code allocated to the
22Los Angeles County Superintendent of Schools by two million
23seven hundred eighty-five thousand four hundred forty-eight dollars
24($2,785,448), and shall increase the home-to-school transportation
25funding of the school district local control funding formula
26calculated pursuant to Sections 42238.02 and 42238.03 of
the
27Education Code in the following amounts for the following school
28districts:
29(a) Two hundred ninety-two thousand three hundred ninety-three
30dollars ($292,393) for the Azusa Unified School District.
31(b) Five hundred thirty-two thousand three hundred eighty-eight
32dollars ($532,388) for the Baldwin Park Unified School District.
33(c) One hundred thirty-two thousand six hundred twenty-nine
34dollars ($132,629) for the Bassett Unified School District.
35(d) Two hundred forty-three thousand five hundred four dollars
36($243,504) for the Bonita Unified School District.
37(e) One hundred fifty-two thousand seven hundred forty-six
38dollars ($152,746) for the Charter Oak Unified School District.
39(f) One hundred ninety-four thousand three hundred eighty-three
40dollars ($194,383) for the Claremont Unified School District.
P155 1(g) Three hundred eighty-six thousand eight hundred ninety-four
2dollars ($386,894) for Covina-Valley Unified School District.
3(h) Two hundred forty-four thousand nine hundred eight dollars
4($244,908) for the Glendora Unified School District.
5(i) Two hundred eighty thousand four hundred sixty-three dollars
6($280,463) for the Walnut Valley Unified School District.
7(j) Three hundred twenty-five thousand one hundred forty dollars
8($325,140) for the West Covina Unified School District.
The Legislature finds and declares that a special law,
10as set forth in Sections 8 to 13, inclusive, of this act, is necessary
11and that a general law cannot be made applicable within the
12meaning of Section 16 of Article IV of the California Constitution
13because of the unique circumstances concerning the City and
14County of San Francisco.
The Legislature finds and declares that a special law,
16as set forth in Section 46 of this act, is necessary and that a general
17law cannot be made applicable within the meaning of Section 16
18of Article IV of the California Constitution because of the unique
19circumstances relating to the fiscal emergency in the Inglewood
20Unified School District.
If the Commission on State Mandates determines
22that this act contains costs mandated by the state, reimbursement
23to local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
This act is a bill providing for appropriations related
27to the Budget Bill within the meaning of subdivision (e) of Section
2812 of Article IV of the California Constitution, has been identified
29as related to the budget in the Budget Bill, and shall take effect
30immediately.
It is the intent of the Legislature to enact statutory
32changes relating to the Budget Act of 2015.
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