Amended in Assembly June 11, 2015

Amended in Senate April 20, 2015

Amended in Senate April 6, 2015

Senate BillNo. 416


Introduced by Senator Huff

February 25, 2015


An actbegin insert to amend Sections 35186, 39820, 41422, 46392, 47634.4, 52240, 52242, 52920, and 52922 of, to repeal Sections 37611.5, 41301.5, 45023.1, 45023.4, 52241, 52243, 52921, and 60118 of,end insert to repeal Article 9 (commencing with Section 1780) of Chapter 6 of Part 2 of Division 1 of Title 1 of, to repeal Article 10 (commencing with Section 1790) of Chapter 6 of Part 2 of Division 1 of Title 1 of,begin insert to repeal Article 17 (commencing with Section 1940) of Chapter 6 of Part 2 of Division 1 of Title 1 of,end insert to repeal Article 4 (commencing with Section 8080) of Chapter 1 of Part 6 of Division 1 of Title 1 of, to repeal Chapter 5.1 (commencing with Section 8820) of Part 6 of Division 1 of Title 1 of,begin insert to repeal Chapter 9 (commencing with Section 8980) of Part 6 of Division 1 of Title 1 of,end insert to repeal Part 10.7 (commencing with Section 17910) of Division 1 of Title 1 of, to repeal Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of, to repeal Article 10.4 (commencing with Section 35294.10) of Chapter 2 of Part 21 of Division 3 of Title 2 of,begin insert to repeal Article 4 (commencing with Section 37252) of Chapter 2 of Part 22 of Division 3 of Title 2 of,end insert to repeal Chapter 12 (commencing with Section 43001.5) of Part 24 of Division 3 of Title 2 of,begin insert to repeal Article 7 (commencing with Section 44570) of Chapter 3 of Part 25 of Division 3 of Title 2 of, to repeal Chapter 3.25 (commencing with Section 44695) of Part 25 of Division 3 of Title 2 of,end insert to repeal Chapter 3.34 (commencing with Section 44730) of Part 25 of Division 3 of Title 2 of,begin insert to repeal Chapter 3.8 (commencing with Section 44740) of Part 25 of Division 3 of Title 2 of, to repeal Chapter 3.5 (commencing with Section 44760) of Part 25 of Division 3 of Title 2 of,end insert to repeal Article 15 (commencing with Section 51870) of Chapter 5 of Part 28 of Division 4 of Title 2 of, to repeal Article 1 (commencing with Section 52130) of Chapter 7 of Part 28 of Division 4 of Title 2 of,begin insert to repeal Article 2 (commencing with Section 52340) of Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Article 3 (commencing with Section 52350) of Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Article 5 (commencing with Section 52381) of Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Article 9 (commencing with Section 52485) of Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Chapter 17 (commencing with Section 53080) of Part 28 of Division 4 of Title 2 of,end insert to repeal Chapter 3 (commencing with Section 54300) of Part 29 of Division 4 of Title 2 of, and to repeal Chapter 3.1 (commencing with Section 58520) of Part 31 of Division 4 of Title 2 of, the Education Code, relating to public schools.

LEGISLATIVE COUNSEL’S DIGEST

SB 416, as amended, Huff. Public schools:begin delete repeal of funding programs.end deletebegin insert elementary and secondary education.end insert

begin insert

Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils.

end insert
begin insert

This bill would revise and recast various provisions relating to elementary and secondary education, including, among others, repealing specified funding programs, revising the uniform complaint process, removing specified prohibitions on which funding programs a charter school can apply to, and expanding the financial assistance a school district can provide to pupils taking advanced placement and International Baccalaureate Diploma Program examinations and tests.

end insert
begin delete

(1) Existing law authorizes the county superintendent of schools, with the approval of the county board of education or the county superintendents of 2 or more counties, to jointly contract with the United States, the state, or any city, county, or city and county, or any combination thereof, for the joint operation and maintenance of programs in youth conservation and training or for assistance in the operation and maintenance of those programs.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(2) Existing law establishes the Garrigus-Lagomarsino Act, which authorizes a county superintendent of schools, with the approval of the county board of education, to establish and operate a technical, agricultural, and natural resource conservation school or schools, for specified purposes.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(3) Existing law authorizes an appropriate governing body, as specified, to propose or initiate the expansion of coursework in cosmetology.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(4) Existing law establishes the Arts Work Visual and Performing Arts Education Program for the purposes of awarding grants to local educational agencies to develop their capacity to implement high-quality, instructional programs based on the state-adopted visual and performing arts content standards for pupils in kindergarten and grades 1 to 12, inclusive.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(5) Existing law establishes the Katz Safe Schoolbus Clean Fuel Efficiency Demonstration Program, under which the State Energy Resources Conservation and Development Commission determines which local educational agencies are to receive replacement schoolbuses pursuant to the program.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(6) Existing law establishes the School Safety and Violence Prevention Act, which provides funds to school districts serving pupils in any of grades 8 to 12, inclusive, for the purpose of promoting school safety and reducing schoolsite violence.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(7) Existing law establishes the School Safety and Violence Prevention Strategy Program for the purpose of promoting school safety and violence prevention programs among children and youth in public schools.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(8) Existing law requires the revenue limit per unit of adult average daily attendance for a school district to be reduced by the amount, if any, per unit of average daily attendance that was included in the establishment of the adult base revenue limit and that was for purposes of the State Teachers’ Retirement System.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(9) Existing law establishes the funding of the Education Technology Staff Development Program, a grant program designed to promote the development of teachers in that specific area.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(10) Existing law requires a school district, as a precondition to receiving a technology grant administered by the State Department of Education, to have a current 3- to 5-year education technology plan, unless this requirement is waived by the State Board of Education.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(11) Existing law establishes the Impacted Languages Act of 1984, which is intended to provide relief to school districts that are highly impacted by the enrollment of refugee pupils or pupils whose primary languages are sufficiently diverse and in low population concentrations, as specified.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(12) Existing law creates various mathematics improvement programs for pupils in grades 1 to 12, inclusive, as specified.

end delete
begin delete

This bill would repeal those provisions.

end delete
begin delete

(13) Existing law establishes the Single Gender Academies Pilot Program Act of 1996 to increase the diversity of California’s public educational offerings by making single gender academies available to those pupils of each gender who will benefit from single gender education because of their unique educational needs.

end delete
begin delete

This bill would repeal those provisions.

end delete

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

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

P4    1

SECTION 1.  

Article 9 (commencing with Section 1780) of
2Chapter 6 of Part 2 of Division 1 of Title 1 of the Education Code
3 is repealed.

4

SEC. 2.  

Article 10 (commencing with Section 1790) of Chapter
56 of Part 2 of Division 1 of Title 1 of the Education Code is
6repealed.

7begin insert

begin insertSEC. 3.end insert  

end insert

begin insertArticle 17 (commencing with Section 1940) of Chapter
86 of Part 2 of Division 1 of Title 1 of the end insert
begin insertEducation Codeend insertbegin insert is
9repealed.end insert

P5    1

begin deleteSEC. 3.end delete
2begin insertSEC. 4.end insert  

Article 4 (commencing with Section 8080) of Chapter
31 of Part 6 of Division 1 of Title 1 of the Education Code is
4repealed.

5

begin deleteSEC. 4.end delete
6begin insertSEC. 5.end insert  

Chapter 5.1 (commencing with Section 8820) of Part
76 of Division 1 of Title 1 of the Education Code is repealed.

8begin insert

begin insertSEC. 6.end insert  

end insert

begin insertChapter 9 (commencing with Section 8980) of Part 6
9of Division 1 of Title 1 of the end insert
begin insertEducation Codeend insertbegin insert is repealed.end insert

10

begin deleteSEC. 5.end delete
11begin insertSEC. 7.end insert  

Part 10.7 (commencing with Section 17910) of Division
121 of Title 1 of the Education Code is repealed.

13

begin deleteSEC. 6.end delete
14begin insertSEC. 8.end insert  

Article 3.6 (commencing with Section 32228) of
15Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code
16 is repealed.

17begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 35186 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
18read:end insert

19

35186.  

(a) A school district shall use the uniform complaint
20process it has adopted as required by Chapter 5.1 (commencing
21with Section 4600)begin insert of Division 1end insert of Title 5 of the California Code
22of Regulations, with modifications, as necessary, to help identify
23and resolve any deficiencies related to instructional materials,
24emergency or urgent facilities conditions that pose a threat to the
25health and safety of pupils or staff,begin insert andend insert teacher vacancy or
26begin delete misassignment, and intensive instruction and services provided
27pursuant to Section 37254 to pupils who have not passed one or
28both parts of the high school exit examination after the completion
29of grade 12.end delete
begin insert misassignment.end insert

30(1) A complaint may be filed anonymously. A complainant who
31identifies himself or herself is entitled to a response if he or she
32indicates that a response is requested. A complaint form shall
33include a space to mark to indicate whether a response is requested.
34If Section 48985 is otherwise applicable, the response, if requested,
35and report shall be written in English and the primary language in
36which the complaint was filed. All complaints and responses are
37public records.

38(2) The complaint form shall specify the location for filing a
39complaint. A complainant may add as much text to explain the
40complaint as he or she wishes.

P6    1(3) begin deleteExcept as provided pursuant to paragraph (4), a end deletebegin insertA end insertcomplaint
2shall be filed with the principal of the school or his or her designee.
3A complaint about problems beyond the authority of the school
4principal shall be forwarded in a timely manner but not to exceed
510 working days to the appropriate school district official for
6resolution.

begin delete

7(4) A complaint regarding any deficiencies related to intensive
8instruction and services provided pursuant to Section 37254 to
9pupils who have not passed one or both parts of the high school
10exit examination after the completion of grade 12 shall be
11submitted to the district official designated by the district
12superintendent. A complaint may be filed at the school district
13office, or it may be filed at the schoolsite and shall be immediately
14forwarded to the designee of the district superintendent.

end delete

15(b) The principal or the designee of the district superintendent,
16as applicable, shall make all reasonable efforts to investigate any
17problem within his or her authority. The principal or designee of
18the district superintendent shall remedy a valid complaint within
19a reasonable time period but not to exceed 30 working days from
20the date the complaint was received. The principal or designee of
21the district superintendent shall report to the complainant the
22resolution of the complaint within 45 working days of the initial
23filing. If the principal makes this report, the principal shall also
24report the same information in the same timeframe to the designee
25of the district superintendent.

26(c) A complainant not satisfied with the resolution of the
27principal or the designee of the district superintendent has the right
28to describe the complaint to the governing board of the school
29district at a regularly scheduled hearing of the governingbegin delete board.end delete
30begin insert board of the school district.end insert As to complaints involving a condition
31of a facility that poses an emergency or urgent threat, as defined
32in paragraph (1) of subdivision (c) of Section 17592.72, a
33complainant who is not satisfied with the resolution proffered by
34the principal or the designee of the district superintendent has the
35right to file an appeal to the Superintendent, who shall provide a
36written report to the state board describing the basis for the
37complaint and, as appropriate, a proposed remedy for the issue
38described in the complaint.

39(d) A school district shall report summarized data on the nature
40and resolution of all complaints on a quarterly basis to the county
P7    1superintendent of schools and the governing board of the school
2district. The summaries shall be publicly reported on a quarterly
3basis at a regularly scheduled meeting of the governing board of
4the school district. The report shall include the number of
5complaints by general subject area with the number of resolved
6and unresolved complaints. The complaints and written responses
7shall be available as public records.

8(e) The procedure required pursuant to this section is intended
9to address all of the following:

10(1) A complaint related to instructional materials as follows:

11(A) A pupil, including an English learner, does not have
12standards-aligned textbooks or instructional materials or
13state-adopted or district-adopted textbooks or other required
14instructional material to use in class.

15(B) A pupil does not have access to instructional materials to
16use at home or after school.

17(C) Textbooks or instructional materials are in poor or unusable
18condition, have missing pages, or are unreadable due to damage.

19(2) A complaint related to teacher vacancy or misassignment
20as follows:

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

22(B) A teacher who lacks credentials or training to teach English
23learners is assigned to teach a class with more thanbegin delete 20-percentend deletebegin insert 20
24percent ofend insert
English learner pupils in the class. This subparagraph
25does not relieve a school district from complying with state or
26federal law regarding teachers of English learners.

27(C) A teacher is assigned to teach a class for which the teacher
28lacks subject matter competency.

29(3) A complaint related to the condition of facilities that pose
30an emergency or urgent threat to the health or safety of pupils or
31staff as defined in paragraph (1) of subdivision (c) of Section
3217592.72 and any other emergency conditions the school district
33determines appropriate and the requirements established pursuant
34to subdivision (a) of Section 35292.5.

begin delete

35(4) A complaint related to the provision of intensive instruction
36and services pursuant to paragraphs (4) and (5) of subdivision (d)
37of Section 37254.

end delete

38(f) In order to identify appropriate subjects of complaint, a notice
39shall be posted in each classroom in each school in the school
P8    1district notifying parents, guardians, pupils, and teachers of the
2following:

3(1) There should be sufficient textbooks and instructional
4materials. For there to be sufficient textbooks and instructional
5materials each pupil, including English learners, must have a
6textbook or instructional materials, or both, to use in class and to
7take home.

8(2) School facilities must be clean, safe, and maintained in good
9repair.

10(3) There should be no teacher vacancies or misassignments as
11defined in paragraphs (2) and (3) of subdivision (h).

begin delete

12(4) Pupils who have not passed the high school exit examination
13by the end of grade 12 are entitled to receive intensive instruction
14and services for up to two consecutive academic years after
15completion of grade 12 or until the pupil has passed both parts of
16the high school exit examination, whichever comes first, pursuant
17to paragraphs (4) and (5) of subdivision (d) of Section 37254. The
18information in this paragraph, which is to be included in the notice
19required pursuant to this subdivision, shall only be included in
20notices posted in classrooms in schools with grades 10 to 12,
21inclusive.

end delete
begin delete

22(5)

end delete

23begin insert(4)end insert The location at which to obtain a form to file a complaint
24in case of a shortage. Posting a notice downloadable from the
25Internet Web site of the department shall satisfy this requirement.

26(g) A local educational agency shall establish local policies and
27procedures, post notices, and implement thisbegin delete section on or before
28January 1, 2005.end delete
begin insert section.end insert

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

30(1) “Good repair” has the same meaning as specified in
31subdivision (d) of Section 17002.

32(2) “Misassignment” means the placement of a certificated
33employee in a teaching or services position for which the employee
34does not hold a legally recognized certificate or credential or the
35placement of a certificated employee in a teaching or services
36position that the employee is not otherwise authorized by statute
37to hold.

38(3) “Teacher vacancy” means a position to which a single
39designated certificated employee has not been assigned at the
40beginning of the year for an entire year or, if the position is for a
P9    1one-semester course, a position to which a single designated
2certificated employee has not been assigned at the beginning of a
3semester for an entire semester.

4

begin deleteSEC. 7.end delete
5begin insertSEC. 10.end insert  

Article 10.4 (commencing with Section 35294.10)
6of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education
7Code
is repealed.

8begin insert

begin insertSEC. 11.end insert  

end insert

begin insertArticle 4 (commencing with Section 37252) of Chapter
92 of Part 22 of Division 3 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
10repealed.end insert

11begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 37611.5 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
12

37611.5.  

Notwithstanding Section 37611, a school district that
13establishes and operates a continuous school program in one or
14more schools pursuant to this chapter for the purposes of
15implementing the Class Size Reduction Program set forth in
16Chapter 6.10 (commencing with Section 52120) of Part 28 for the
171996-97 and 1997-98 school years shall not be subject to the
18publication of notice requirements set forth in Section 37611 for
19those school years.

end delete
20begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 39820 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

39820.  

begin delete(a)end deletebegin deleteend deleteNotwithstanding any otherbegin delete provision ofend delete law, the
23governing board ofbegin delete anyend deletebegin insert aend insert school district maybegin delete provide, beginning
24in the 1975-76 fiscal year,end delete
begin insert provideend insert for the transportation to and
25from public school of pupils who have attained the age of three
26years and nine months and are enrolled in classes established
27pursuant to Chapter 4.45 (commencing with Section 56440) of
28Part 30begin insert of Division 4end insert whenever in the judgment of thebegin delete board,end delete
29begin insert governing board of a school district,end insert transportation is advisable
30and good reasonsbegin delete exist therefor.end deletebegin insert exist.end insert A governing boardbegin insert of a
31school districtend insert
may allow for the transportation of parents of pupils
32enrolled in these classes for the purpose of accompanying their
33children to and from the attendance center offering the early
34primary classes.

begin delete

35(b) School districts shall receive state reimbursements for the
36transportation of pupils described in subdivision (a) pursuant to
37Article 10 (commencing with Section 41850) of Chapter 5 of Part
3824.

end delete
39begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 41301.5 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
P10   1

41301.5.  

The amount transferred to Section A of the State
2School Fund by Section 14007 shall be expended pursuant to
3Sections 59030.5, 59124.5, and 59223.

end delete
4begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 41422 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
5read:end insert

6

41422.  

begin deleteA district end deletebegin insert(a)end insertbegin insertend insertbegin insertA school district, county office of
7education, or charter school end insert
that is prevented from maintaining
8its schools during a fiscal year for at least 175 days or is required
9to operate sessions of shorter length than otherwise prescribed by
10law because of fire, flood, earthquake, or epidemic, or because of
11any order of any military officer of the United States or of the state
12to meet an emergency created by war, or of any civil officer of the
13United States, of the state, or of any county, city and county, or
14city authorized to issue that order to meet an emergency created
15by war, or because of other extraordinary conditions, or because
16of inability to secure or hold a teacher, or because of the illness of
17the teacher, which fact shall be shown to the satisfaction of the
18Superintendentbegin delete of Public Instructionend delete by the affidavits of the
19members of the governing board of the schoolbegin delete districtend deletebegin insert district, the
20governing board of the county office of education, or the governing
21board of the charter schoolend insert
and of the county superintendent of
22schools, shall receive the same apportionment from the State
23School Fund as it would have received had it not been so prevented
24from maintaining school for at least 175 full-length days.

25begin insert(b)end insertbegin insertend insertThis section shall also apply tobegin insert schoolend insert districtsbegin delete which,end deletebegin insert county
26offices of education, or charter schools that,end insert
in the absence of one
27or more of the conditions prescribed by this section, would have
28qualified for fundsbegin delete underend deletebegin insert pursuant toend insert Sections 46200begin delete or 46201.end deletebegin insert to
2946208, inclusive, or Section 47612.5, as applicable.end insert

30

begin deleteSEC. 8.end delete
31begin insertSEC. 16.end insert  

Chapter 12 (commencing with Section 43001.5) of
32Part 24 of Division 3 of Title 2 of the Education Code is repealed.

33begin insert

begin insertSEC. 17.end insert  

end insert

begin insertArticle 7 (commencing with Section 44570) of Chapter
343 of Part 25 of Division 3 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
35repealed.end insert

36begin insert

begin insertSEC. 18.end insert  

end insert

begin insertChapter 3.25 (commencing with Section 44695) of
37Part 25 of Division 3 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is repealed.end insert

38

begin deleteSEC. 9.end delete
39begin insertSEC. 19.end insert  

Chapter 3.34 (commencing with Section 44730) of
40Part 25 of Division 3 of Title 2 of the Education Code is repealed.

P11   1begin insert

begin insertSEC. 20.end insert  

end insert

begin insertChapter 3.8 (commencing with Section 44740) of
2Part 25 of Division 3 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is repealed.end insert

3begin insert

begin insertSEC. 21.end insert  

end insert

begin insertChapter 3.5 (commencing with Section 44760) of
4Part 25 of Division 3 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is repealed.end insert

5begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 45023.1 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
6

45023.1.  

(a) Commencing with the 2000-01 fiscal year, the
7county superintendent of schools or the county board of education
8may increase, for teachers meeting the requirements prescribed
9by this section, the salary on its adopted certificated employee
10salary schedule as provided in subdivision (b). For purposes of
11this section, a teacher for whom the county superintendent of
12schools or county board of education may increase salaries shall
13meet all of the following criteria:

14(1) Hold a valid California teaching credential, not including
15an emergency permit, intern certificate or credential, or waiver.

16(2) Possess a baccalaureate or higher degree.

17(3) Receive a salary paid through the general fund of the county
18office.

19(b) The county superintendent of schools or county board of
20education that increases its salaries pursuant to subdivision (a)
21shall perform the following computations:

22(1) The county superintendent of schools or county board of
23education shall designate as the lowest salary on the salary schedule
24for a certificated employee meeting the criteria in subdivision (a)
25an amount that is at least an annual salary of thirty-four thousand
26dollars ($34,000) in the 2000-01 fiscal year.

27(2) The county superintendent of schools or county board of
28education shall increase to the annual salary amount in paragraph
29(1) the salary of any certificated employee meeting the criteria in
30subdivision (a) whose salary on the salary schedule for the
311999-2000 fiscal year was less than the amount computed in
32paragraph (1) and, notwithstanding Section 45028, shall incorporate
33that increase into the salary schedule commencing with the
342000-01 fiscal year.

35(c) Each county office of education that increases its beginning
36teacher annual minimum salary to thirty-four thousand dollars
37($34,000) pursuant to subdivision (b) shall elect, except as provided
38in subdivision (j), to receive reimbursement for the cost of the
39increase pursuant to only one of the following two options:

40(1) Option One:

P12   1(A) In fiscal year 2000-01, a county superintendent of schools
2or county office of education that increases salaries pursuant to
3paragraph (2) of subdivision (b) and selects reimbursement Option
4One shall receive an amount equal to six dollars ($6) times the
5county office’s second principal apportionment average daily
6attendance for the 1999-2000 fiscal year, excluding attendance in
7adult education programs and charter schools participating in the
8charter school block grant pursuant to Article 2 (commencing with
9Section 47633) of Chapter 6 of Part 26.8 of Division 4.

10(B) Divide the amount received from the state pursuant to
11subparagraph (A) for the 2000-01 fiscal year by the county office
12of education’s second principal apportionment average daily
13attendance for the 1999-2000 fiscal year, excluding attendance in
14adult education programs and charter schools participating in the
15charter school block grant pursuant to Article 2 (commencing with
16Section 47633) of Chapter 6 of Part 26.8 of Division 4.

17(C) For the 2001-02 fiscal year and each fiscal year thereafter,
18for each county office of education that increases its salaries
19pursuant to subdivision (a), the Superintendent shall add the sum
20of clauses (i) and (ii) to the county office of education revenue
21limit computed pursuant to Section 2550:

22(i) Annually increase the funding rate per unit of average daily
23attendance specified in subparagraph (B) by the percentage increase
24identified pursuant to Section 2557 and multiply the resulting
25product by the county office of education’s second principal
26apportionment average daily attendance for the current fiscal year
27excluding attendance in regional occupational centers/programs,
28adult education programs, and charter schools participating in the
29charter school block grant pursuant to Article 2 (commencing with
30Section 47633) of Chapter 6 of Part 26.8 of Division 4.

31(ii) Annually increase the funding rate per unit of average daily
32attendance specified in subparagraph (B) by the percentage increase
33identified pursuant to Section 2557 and multiply the resulting
34product by the county office of education’s second principal
35apportionment average daily attendance for the current fiscal year
36in regional occupational centers/programs excluding attendance
37in charter schools participating in the charter school block grant
38pursuant to Article 2 (commencing with Section 47633) of Chapter
396 of Part 26.8 of Division 4.

P13   1(D) The county superintendent of schools or county office of
2education shall utilize these incentive funds not only to meet the
3new beginning teacher annual minimum salary of thirty-four
4thousand dollars ($34,000), but may also use the funds to generally
5enhance teachers’ salaries in order to achieve the goals of retention
6of qualified, competent, and experienced teachers and the
7attainment of a reasonable salary commensurate with a teacher’s
8experience, education, and responsibilities.

9(2) Option Two: A county superintendent of schools or county
10office of education may submit a request to the Superintendent,
11on a form supplied by the Superintendent, for state funding
12computed as follows:

13(A) Total the salaries of all certificated employees receiving
14increased salaries up to a maximum of thirty-four thousand dollars
15($34,000) per person pursuant to subdivision (b) for the 2000-01
16fiscal year.

17(B) Total all salaries, based on the salary schedule for the
182000-01 fiscal year before the increase made pursuant to
19subdivision (b), of all certificated employees receiving increased
20salaries pursuant to subdivision (b).

21(C) Subtract the amount in subparagraph (B) from the amount
22in subparagraph (A).

23(D) Multiply the amount in subparagraph (C) by the district’s
24statutory benefit rates.

25(E) For the 2000-01 fiscal year, a county superintendent of
26schools or county office of education that increases salaries
27pursuant to paragraph (2) of subdivision (b) and selects
28reimbursement Option Two shall receive the sum of subparagraphs
29(C) and (D).

30(F) Divide the sum of the amounts received pursuant to
31subparagraphs (C) and (D) for the 2000-01 fiscal year by the
32county office of education average daily attendance for the second
33principal apportionment for the 2000-01 fiscal year, excluding
34attendance in adult education programs and charter schools
35participating in the charter school block grant pursuant to Article
362 (commencing with Section 47633) of Chapter 6 of Part 26.8 of
37Division 4.

38(G) For the 2001-02 fiscal year and each fiscal year thereafter,
39for each county office of education that increases its salaries
40pursuant to subdivision (a), the Superintendent shall add the sum
P14   1of clauses (i) and (ii) to the county office of education revenue
2limit computed pursuant to Section 2550:

3(i) Annually increase the funding rate per unit of average daily
4attendance calculated pursuant to subparagraph (F) by the
5percentage increase identified pursuant to Section 2557 and
6multiply the resulting product by the county office of education’s
7second principal apportionment average daily attendance for the
8current fiscal year excluding attendance in regional occupational
9centers/programs, adult education programs, and charter schools
10participating in the charter school block grant pursuant to Article
112 (commencing with Section 47633) of Chapter 6 of Part 26.8 of
12Division 4.

13(ii) Annually increase the funding rate per unit of average daily
14attendance calculated pursuant to subparagraph (F) by the
15percentage increase identified pursuant to Section 2557 and
16multiply the resulting product by the county office of education’s
17second principal apportionment average daily attendance for the
18current fiscal year in regional occupational centers/programs
19excluding attendance in charter schools participating in the charter
20school block grant pursuant to Article 2 (commencing with Section
2147633) of Chapter 6 of Part 26.8 of Division 4.

22(3) For purposes of the calculation required by clause (ii) of
23subparagraph (C) of paragraph (1) and clause (ii) of subparagraph
24(G) of paragraph (2), in the 2008-09, 2009-10, 2010-11, 2011-12,
252012-13, 2013-14, and 2014-15 fiscal years, a county office of
26education’s second principal apportionment average daily
27attendance for the current fiscal year shall be the second principal
28apportionment average daily attendance for the 2007-08 fiscal
29year.

30(d)  State funds received pursuant to this section and not used
31pursuant to the conditions of this section shall be returned to the
32state.

33(e) If the funds requested by the county superintendents of
34schools and the county offices of education for the 2000-01 fiscal
35year exceed the state appropriation for this section, the
36Superintendent shall reduce all requests by the application of a
37single, common percentage factor for apportionment purposes, so
38as not to exceed the amount appropriated for this purpose.

39(f) A county office of education shall receive reimbursement
40pursuant to subdivision (c) only. However, this section does not
P15   1prohibit a school district and its employees from negotiating salary
2 schedules.

3(g) The adjustments to county office of education revenue limits
4prescribed in subparagraph (C) of paragraph (1) of subdivision (c)
5and subparagraph (G) of paragraph (2) of subdivision (c) shall
6continue so long as the increase in the salary schedule made
7pursuant to paragraph (2) of subdivision (b) or subdivision (i) is
8maintained.

9(h) The Superintendent shall issue appropriate forms to county
10offices of education no later than September 1, 2000. County
11superintendents of schools or county offices of education shall
12notify the Superintendent no later than September 30, 2001,
13regarding which option they wish to exercise for the 2000-01 fiscal
14year. County superintendents of schools or county offices of
15education shall file their claim form for state funds with the
16Superintendent no later than September 30, 2001.

17(i) Adjustments made to county office of education revenue
18limits pursuant to subparagraph (C) of paragraph (1) of subdivision
19(c) and subparagraph (G) of paragraph (2) of subdivision (c) shall
20not be considered part of the base revenue limit for the purpose of
21computing equalization adjustments or determining other
22wealth-related differences in school funding.

23(j) Notwithstanding subdivision (c), a county office of education
24that already has as the annual minimum salary for beginning
25teachers who meet the criteria in subdivision (a) an amount equal
26to or greater than thirty-four thousand dollars ($34,000) shall be
27eligible to receive reimbursement pursuant to Option One.

28(k) This section shall become operative on July 1, 2010.

end delete
29begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 45023.4 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
30

45023.4.  

(a) This section shall be known, and may be cited,
31as the Jack O’Connell Beginning-Teacher Salary Incentive
32Program. Commencing in the 1999-2000 fiscal year the county
33superintendent of schools or the county board of education may
34increase, for teachers who meet the requirements of this
35subdivision, the salary on its adopted certificated employee salary
36schedule as provided in subdivision (b). For purposes of this
37section, a teacher for whom the county superintendent of schools
38or county board of education may increase salaries shall meet all
39of the following criteria:

P16   1(1) Hold a valid California teaching credential, not including
2an emergency permit, intern permit, or waiver.

3(2) Possess a baccalaureate or higher degree.

4(3) Receive a salary paid from the general fund of the district
5or county office.

6(b) The county superintendent of schools or county board of
7education that elects to increase teachers’ salaries as authorized
8pursuant to subdivision (a) shall perform the following
9computations:

10(1) The county superintendent of schools or county board of
11education shall designate as the lowest salary on the salary schedule
12for a certificated employee meeting or exceeding the criteria in
13subdivision (a) an amount equal to a minimum annual salary of
14thirty-two thousand dollars ($32,000). If this salary change results
15in costs to the county office of education that are equal to or greater
16than the incentive received pursuant to subdivision (c), the
17minimum salary shall be thirty-two thousand dollars ($32,000). If
18this salary change results in costs to the county offices of education
19that are less than the incentive received, the remainder shall be
20used to increase the beginning salary by an amount above
21thirty-two thousand dollars ($32,000) which fully applies the
22incentive received.

23(2) The county superintendent of schools or county board of
24education shall increase to the annual salary amount in paragraph
25(1) the salary of a certificated employee meeting the criteria in
26subdivision (a) whose salary on the salary schedule is less than
27the amount computed in paragraph (1) and, notwithstanding Section
2845028, shall incorporate that increase into the salary schedule.

29(3) The newly adopted salary schedule shall contain only one
30cell that meets the amount set forth in paragraph (1), which most
31often is the first-year step of a salary schedule column for
32certificated personnel who meet the criteria set forth in subdivision
33(a). All other salary schedule cells shall exceed the level set forth
34in paragraph (1) for personnel that meet the criteria in subdivision
35(a).

36(c) In the 1999-2000 fiscal year, the Superintendent shall divide
37the amount appropriated for the purposes of this section by the
381998-99 second principal apportionment average daily attendance
39for all county offices of education in the state. Each county office
40of education that certifies to the Superintendent that it is in full
P17   1compliance with this section shall receive following that
2certification an amount equal to the results of the calculation
3multiplied by the participating county office’s 1998-99 second
4principal apportionment average daily attendance.

5(d) For the 2000-01 fiscal year and each fiscal year thereafter,
6 for each county office of education that meets the requirements of
7subdivision (b), the Superintendent shall add the sum of paragraphs
8(1) and (2) to the county office of education revenue limit
9computed pursuant to Section 2550.

10(1) Annually increase the statewide average funding rate per
11unit of average daily attendance calculated pursuant to subdivision
12(c) by the percentage increase identified pursuant to Section 2557
13and multiply the resulting product by the county office of
14education’s second period average daily attendance for the prior
15fiscal year excluding attendance in regional occupational centers
16or programs, adult education programs, and charter schools
17participating in the charter school block grant pursuant to Article
182 (commencing with Section 47633) of Chapter 6 of Part 26.8 of
19Division 4.

20(2) Annually increase the statewide average funding rate per
21unit of average daily attendance calculated pursuant to subdivision
22(c) by the percentage increase identified pursuant to Section 2557
23and multiply the resulting product by the county office of
24education’s second period average daily attendance for the prior
25fiscal year in regional occupational centers or programs excluding
26attendance in charter schools participating in the charter school
27block grant pursuant to Article 2 (commencing with Section 47633)
28of Chapter 6 of Part 26.8 of Division 4.

29(3) For purposes of the calculation required by paragraph (2),
30in the 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14,
31and 2014-15 fiscal years, the second period average daily
32attendance for the prior fiscal year shall be the second period
33average daily attendance for the 2007-08 fiscal year.

34(e) The adjustment to the county office of education revenue
35limit prescribed in subdivision (d) shall continue so long as the
36increase in the salary schedule made pursuant to paragraph (2) of
37subdivision (b) is maintained.

38(f) The adjustment made to county office of education revenue
39limits pursuant to subdivision (d) shall not be considered part of
40the base revenue limit for purposes of computing equalization
P18   1adjustments or determining other differences in school funding
2that are based on the amount of funding received by a school
3district or county office of education.

4(g) This section shall become operative on July 1, 2010.

end delete
5begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 46392 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
6read:end insert

7

46392.  

(a) begin deleteWhenever end deletebegin insertIf end insertthe average daily attendance ofbegin delete anyend deletebegin insert aend insert
8 school district, county office of education, orbegin delete regional occupational
9center or programend delete
begin insert charter schoolend insert duringbegin delete anyend deletebegin insert aend insert fiscal year has been
10materially decreased duringbegin delete anyend deletebegin insert aend insert fiscal year because of any of
11the following, the fact shall be established to the satisfaction of
12the Superintendentbegin delete of Public Instructionend delete by affidavits of the
13members of the governing board of the schoolbegin delete district orend deletebegin insert district,end insert
14 county office of education,begin insert or charter schoolend insert and the county
15superintendent of schools:

16(1) Fire.

17(2) Flood.

18(3) Impassable roads.

19(4) begin deleteAn epidemic. end deletebegin insertEpidemic.end insert

20(5) begin deleteAn earthquake. end deletebegin insertEarthquake.end insert

21(6) The imminence of a major safety hazard as determined by
22the local law enforcement agency.

23(7) A strike involving transportation services to pupils provided
24by a nonschool entity.

25(8) An order provided for in Section 41422.

26(b) In the event a state of emergency is declared by the Governor
27in a county,begin delete anyend deletebegin insert aend insert decrease in average daily attendance in the
28county below the approximate total average daily attendance that
29would have been credited to a school district, county office of
30education, orbegin delete regional occupational center or programend deletebegin insert charter
31schoolend insert
had the state of emergency not occurred shall be deemed
32material. Thebegin delete superintendentend deletebegin insert Superintendentend insert shall determine the
33length of the period during which average daily attendance has
34been reduced by the state of emergency. This periodbegin delete whichend deletebegin insert thatend insert is
35determined by thebegin delete superintendentend deletebegin insert Superintendentend insert shall not extend
36into the next fiscal year following the declaration of the state of
37emergency by the Governor, except upon a showing by a school
38district, county office of education, orbegin delete regional occupational center
39or program,end delete
begin insert charter school,end insert to the satisfaction of thebegin delete superintendent,end delete
40begin insert Superintendent,end insert that extending the period into the next fiscal year
P19   1is essential to alleviate continued reductions in average daily
2attendance attributable to the state of emergency.

3(c) The average daily attendance of the district, county office
4of education, orbegin delete regional occupational center or programend deletebegin insert charter
5schoolend insert
for the fiscal year shall be estimated by thebegin delete superintendentend delete
6begin insert Superintendentend insert in a manner that credits to the school district,
7county office of education, orbegin delete regional occupational center or
8programend delete
begin insert charter schoolend insert for determining the apportionments to be
9made to thebegin insert schoolend insert district, county office of education, orbegin delete regional
10occupational center or programend delete
begin insert charter schoolend insert from the State
11School Fund approximately the total average daily attendance that
12would have been credited to the school district, county office of
13education, orbegin delete regional occupational center or programend deletebegin insert charter
14schoolend insert
had the emergency not occurred or had the order not been
15issued.

16(d) This section applies to any average daily attendance that
17occurs during any part of a school year.

18begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 47634.4 of the end insertbegin insertEducation Codeend insertbegin insert is amended
19to read:end insert

20

47634.4.  

(a) A charter school that elects to receive its funding
21directly, pursuant to Section 47651, may apply individually for
22federal and state categorical programs, not excluded in this section,
23but only to the extent it is eligible for funding and meets the
24provisions of the program. For purposes of determining eligibility
25for, and allocation of, state or federal categorical aid, a charter
26school that applies individually shall be deemed to be a school
27district, except as otherwise provided in this chapter.

28(b) A charter school that does not elect to receive its funding
29directly, pursuant to Section 47651, begin delete may, in cooperation with its
30chartering authority, applyend delete
begin insert may apply, in cooperation with its
31chartering authority,end insert
for federal and state categorical programs
32not specified in this section, but only to the extent it is eligible for
33funding and meets the provisions of the program.

34(c) Notwithstanding any otherbegin delete provision ofend delete law,begin delete for the 2006-07
35fiscal year and each fiscal year thereafter,end delete
a charter schoolbegin delete mayend delete
36begin insert shallend insert not apply directly for categorical programs for which services
37are exclusively or almost exclusively provided by a county office
38of education.

P20   1(d) Consistent with subdivision (c), a charter schoolbegin delete mayend deletebegin insert shallend insert
2 not receive direct funding for any of the following
3county-administered categorical programs:

4(1) American Indian Education Centers.

begin delete

5(2) The California Association of Student Councils.

end delete
begin delete

6(3) California Technology Assistance Project established
7pursuant to Article 15 (commencing with Section 51870) of
8Chapter 5 of Part 28.

end delete
begin delete

9(4) The Center for Civic Education.

end delete
begin delete

10(5)

end delete

11begin insert(2)end insert County Office Fiscal Crisis and Management Assistance
12Team.

begin delete

13(6)

end delete

14begin insert(3)end insert The K-12 High Speed Network.

15(e) A charter school may apply separately for district-level or
16school-level grants associated with any of the categorical programs
17specified in subdivision (d).

begin delete

18(f) Notwithstanding any other provision of law, for the 2006-07
19fiscal year and each fiscal year thereafter, in addition to the
20programs listed in subdivision (d), a charter school may not apply
21for any of the following categorical programs:

22(1) Agricultural Career Technical Education Incentive Program,
23as set forth in Article 7.5 (commencing with Section 52460) of
24Chapter 9 of Part 28.

25(2) Bilingual Teacher Training Assistance Program, as set forth
26in Article 4 (commencing with Section 52180) of Chapter 7 of
27Part 28.

28(3) California Peer Assistance and Review Program for
29Teachers, as set forth in Article 4.5 (commencing with Section
3044500) of Chapter 3 of Part 25.

31(4) College preparation programs, as set forth in Chapter 12
32(commencing with Section 11020) of Part 7, Chapter 8.3
33(commencing with Section 52240) of Part 28, and Chapter 8
34(commencing with Section 60830) of Part 33.

35(5) Foster youth programs pursuant to Chapter 11.3
36(commencing with Section 42920) of Part 24.

37(6) Gifted and talented pupil programs pursuant to Chapter 8
38(commencing with Section 52200) of Part 28.

39(7) Home-to-school transportation programs, as set forth in
40Article 2 (commencing with Section 39820) of Chapter 1 of Part
P21   123.5 and Article 10 (commencing with Section 41850) of Chapter
25 of Part 24.

3(8) International Baccalaureate Diploma Program, as set forth
4in Chapter 12.5 (commencing with Section 52920) of Part 28.

5(9) Mathematics and Reading Professional Development
6Program, as set forth in Article 3 (commencing with Section 99230)
7of Chapter 5 of Part 65.

8(10) Principal Training Program, as set forth in Article 4.6
9(commencing with Section 44510) of Chapter 3 of Part 25.

10(11) Professional Development Block Grant, as set forth in
11Article 5 (commencing with Section 41530) of Chapter 3.2 of Part
1224.

13(12) Program to Reduce Class Size in Two Courses in Grade 9
14(formerly The Morgan-Hart Class Size Reduction Act of 1989),
15as set forth in Chapter 6.8 (commencing with Section 52080) of
16Part 28.

17(13) Pupil Retention Block Grant, as set forth in Article 2
18(commencing with Section 41505) of Chapter 3.2 of Part 24.

19(14) Reader services for blind teachers, as set forth in Article
208.5 (commencing with Section 45370) of Chapter 5 of Part 25.

21(15) School and Library Improvement Block Grant, as set forth
22in Article 7 (commencing with Section 41570) of Chapter 3.2 of
23Part 24.

24(16) School Safety Consolidated Competitive Grant, as set forth
25in Article 3 (commencing with Section 41510) of Chapter 3.2 of
26Part 24.

27(17) School safety programs, as set forth in Article 3.6
28(commencing with Section 32228) and Article 3.8 (commencing
29with Section 32239.5) of Chapter 2 of Part 19.

30(18) Specialized secondary schools pursuant to Chapter 6
31(commencing with Section 58800) of Part 31.

32(19) State Instructional Materials Fund, as set forth in Article
333 (commencing with Section 60240) of Chapter 2 of Part 33.

34(20) Targeted Instructional Improvement Block Grant, as set
35forth in Article 6 (commencing with Section 41540) of Chapter
363.2 of Part 24.

37(21) Teacher dismissal apportionment, as set forth in Section
3844944.

39(22) The deferred maintenance program, as set forth in Article
401 (commencing with Section 17565) of Chapter 5 of Part 10.5.

P22   1(23) The General Fund contribution to the State Instructional
2Materials Fund pursuant to Article 3 (commencing with Section
360240) of Chapter 2 of Part 33.

4(24) Year-Round School Grant Program, as set forth in Article
53 (commencing with Section 42260) of Chapter 7 of Part 24.

end delete
6

begin deleteSEC. 10.end delete
7begin insertSEC. 26.end insert  

Article 15 (commencing with Section 51870) of
8Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code
9 is repealed.

10

begin deleteSEC. 11.end delete
11begin insertSEC. 27.end insert  

Article 1 (commencing with Section 52130) of
12Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code
13 is repealed.

14begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 52240 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
15read:end insert

16

52240.  

(a) The Legislature hereby finds and declares all of the
17following:

18(1) Advanced placement courses, for which school credit is
19awarded, provide rigorous academic coursework opportunities for
20high school pupils and help to improve the overall curriculum at
21schools where those courses are provided.

22(2) The successful completion of advanced placement courses
23and the subsequent advanced placement examinations, which are
24conducted by the College Entrance Examination Board and for
25which college credit is awarded, provide a cost-effective means
26for high school pupils to obtain college-level coursework
27experience.

28(3) To the extentbegin delete thatend delete economically disadvantaged pupils are
29provided financial assistance to take advanced placement
30examinations, they will be provided with successful college-level
31experience and be encouraged to pursue postsecondary education
32opportunities.

begin delete

33(b) It is the intent of the Legislature, therefore, that certain state
34funding that currently is provided to school districts be made
35available to provide financial assistance to economically
36disadvantaged pupils for the payment of advanced placement
37examination fees. It is further the intent of the Legislature that a
38competitive grant program also be established for the purpose of
39awarding grants to economically disadvantaged pupils to cover
40the costs of advanced placement examination fees, thereby creating
P23   1a second source of financial assistance for economically
2disadvantaged pupils taking advanced placement examinations.

end delete
begin delete

3(c)

end delete

4begin insert(b)end insert The Superintendent shall annually update the information
5on advanced placement available on the department’s Internet Web
6site to include current information on the various means available
7to school districts to offer or access advanced placement courses,
8including online courses. The Superintendent shall annually
9communicate with high schools that offer advanced placement
10courses in fewer than five subjects, and inform them of the various
11options for making advanced placement courses and other rigorous
12courses available to pupils who may benefit from them.

13begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 52241 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
14

52241.  

For purposes of this chapter, the following terms have
15the following meanings:

16(a) “Advanced placement examinations” means the advanced
17placement examinations conducted by the College Entrance
18Examination Board, on the basis of which participating institutions
19of postsecondary education award postsecondary academic credit.

20(b) “Economically disadvantaged pupil” means a high school
21pupil who is any one of the following:

22(1) A pupil who comes from a low-income household. As used
23in this chapter, “low-income” refers to a household the taxable
24income of which for the preceding tax year did not exceed 200
25percent of an amount equal to the poverty level determined by
26using the criteria of poverty established by the Census Bureau of
27the United States Department of Commerce. Documentation of a
28pupil’s low-income status for the purposes of this subdivision shall
29be made in accordance with the following:

30(A) In the case of a pupil who is 17 years of age or younger or
31who is a dependent within the meaning of the federal Internal
32Revenue Code, a signed financial need statement shall be submitted
33by the pupil’s parent or legal guardian, along with verification of
34this financial need from another governmental entity or a
35photocopy of the most recent federal income tax return filed by
36the pupil’s parent or legal guardian.

37(B) In the case of a pupil who is 18 years of age or older or who
38is not a dependent within the meaning of the federal Internal
39Revenue Code, a signed financial need statement shall be submitted
40by the pupil, along with verification of this financial need from
P24   1another governmental entity or a photocopy of the most recent
2federal income tax return filed by the pupil.

3(2) A pupil who is eligible for federal free or reduced meal
4programs.

5(3) A pupil who attends a school where at least 75 percent of
6all pupils enrolled are eligible for federal free or reduced meal
7programs.

end delete
8begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 52242 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
9read:end insert

10

52242.  

begin deleteNotwithstanding any other provision of law, a end deletebegin insertA end insertschool
11districtbegin delete receiving funds pursuant to Chapter 1 (commencing with
12Section 54000) of Part 29 may expend any portion of those funds
13toend delete
begin insert may helpend insert pay for all or part of the costs of one or more advanced
14placement examinations that are charged to economically
15disadvantaged pupils.

16begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 52243 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
17

52243.  

No later than January 1, 2004, the Superintendent of
18Public Instruction shall submit a report to the Legislature describing
19the effectiveness of the pilot grant program established pursuant
20to Section 52244. The report shall include specific
21recommendations to continue, discontinue, modify, or expand the
22program. The report shall include information on at least all of the
23following:

24(a) The total number of pupils participating in advanced
25placement examinations, separately identifying the number of
26economically disadvantaged pupils, and any increases in those
27numbers as a result of the funding made available pursuant to
28Section 52244.

29(b) The performance and pass rates on advanced placement
30examinations on the part of economically disadvantaged pupils,
31including any increase in those rates.

32(c) The number of pupils receiving financial assistance pursuant
33to Section 52244 for advanced placement examination fees.

34(d) The number of economically disadvantaged pupils in
35advance placement programs who enroll in higher education
36institutions, separated by institutional segment.

37(e) The number of economically disadvantaged pupils who have
38passed an advanced placement examination with a score of 3 or
39better in any subject and have taken an advanced placement course
40in that subject.

end delete
P25   1begin insert

begin insertSEC. 32.end insert  

end insert

begin insertArticle 2 (commencing with Section 52340) of Chapter
29 of Part 28 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
3repealed.end insert

4begin insert

begin insertSEC. 33.end insert  

end insert

begin insertArticle 3 (commencing with Section 52350) of Chapter
59 of Part 28 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
6repealed.end insert

7begin insert

begin insertSEC. 34.end insert  

end insert

begin insertArticle 5 (commencing with Section 52381) of Chapter
89 of Part 28 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
9repealed.end insert

10begin insert

begin insertSEC. 35.end insert  

end insert

begin insertArticle 9 (commencing with Section 52485) of Chapter
119 of Part 28 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
12repealed.end insert

13begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 52920 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert

15

52920.  

(a) The Legislature hereby finds and declares that the
16International Baccalaureate Diploma Program is a comprehensive
17and rigorous two-year curriculum, leading to examinations for
18high school pupils. Its objectives are to provide pupils with a
19balanced education, to facilitate geographic and cultural mobility,
20and to promote international understanding through a shared
21academic experience. Successful International Baccalaureate
22Diploma candidates pursue a specific, intensive, balanced liberal
23arts course of study and must pass rigorous examinations in seven
24curricula areas. Successful International Baccalaureate Diploma
25candidates are typically granted substantial advanced placement
26credit at the finest colleges and universities in the nation. The
27academic content and rigor of the instruction and examinations in
28International Baccalaureate Diploma Programs is governed and
29continuously monitored by the International Baccalaureate
30Organization in Geneva, Switzerland.

31(b) It is the intent of the Legislaturebegin delete to establish a system of
32appropriate incentivesend delete
to encourage high schools to offer the
33intensive, rigorous course of instruction leading to International
34Baccalaureate Diplomas and to encourage pupils in these schools
35to enroll in, attempt, and pass the rigorous International
36Baccalaureate Diploma course of study and the rigorous
37examinations leading to the International Baccalaureate Diploma.

38(c) The Superintendent shall annually update information on
39the International Baccalaureate Diploma Program available on the
40department’s Internet Web site. The Superintendent also shall
P26   1provide support to high schools that offer International
2Baccalaureate (IB) courses to facilitate communication with the
3Academic Senate for the California Community Colleges, the
4Academic Senate of the California State University, and the
5Academic Senate of the University of California about the rigor
6of those courses and to ensure that college credit is given to pupils
7who participate so that they benefit from successful efforts in IB
8programs.

9begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 52921 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
10

52921.  

School districts that operate an International
11Baccalaureate Diploma Program shall submit by October 1 of each
12school year the following information to the State Department of
13Education:

14(a) The number of pupils enrolled in courses leading to an
15International Baccalaureate Diploma in each school district.

16(b) The number of teachers in each school district attending
17training programs offered by the International Baccalaureate North
18America, Inc.

19(c) The number of teachers in each school district participating
20in pre-International Baccalaureate support programs for the
21International Baccalaureate Diploma Program.

22(d) The amount of money spent by the school district to provide
23or participate in the programs specified in subdivisions (a) to (c),
24inclusive.

end delete
25begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 52922 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
26read:end insert

27

52922.  

begin delete(a)end deletebegin deleteend deletebegin deleteFrom funds appropriated for the purpose of this
28chapter, the Superintendent shall annually allocate to each school
29district, on behalf of each high school or middle school within the
30district end delete
begin insertA school districtend insertbegin insert end insertthat offers an International Baccalaureate
31Diplomabegin delete Program, the amount of up to twenty-five thousand dollars
32($25,000) for each participating high school and middle school to
33cover the ongoing costs of professional development required by
34the program and toend delete
begin insert Program mayend insert help pay the test fees forbegin delete low-
35and middle-incomeend delete
pupils in need of financialbegin delete assistance, in
36accordance with criteria adopted by the Superintendent.end delete
begin insert assistance.end insert

begin delete

37(b) The amount provided in subdivision (a) shall be increased
38annually by a cost-of-living adjustment, based on the same
39percentage increase that is provided to the revenue limits of unified
P27   1school districts with 2,501 or more units of average daily
2attendance.

end delete
begin delete

3(c) The total amount allocated pursuant to subdivision (a) shall
4not exceed the total amount of the funds appropriated for those
5purposes in the annual Budget Act or another statute. If funds are
6insufficient to fully fund all grants authorized, annual grants shall
7first be allocated pursuant to subdivision (a) to those schools that
8were funded in the prior fiscal year and in the amount of the prior
9fiscal year grant with second priority given to high schools and
10middle schools that have the highest percentage of pupils from
11low-income families.

end delete
12begin insert

begin insertSEC. 39.end insert  

end insert

begin insertChapter 17 (commencing with Section 53080) of Part
1328 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is repealed.end insert

14

begin deleteSEC. 12.end delete
15begin insertSEC. 40.end insert  

Chapter 3 (commencing with Section 54300) of Part
1629 of Division 4 of Title 2 of the Education Code is repealed.

17

begin deleteSEC. 13.end delete
18begin insertSEC. 41.end insert  

Chapter 3.1 (commencing with Section 58520) of
19Part 31 of Division 4 of Title 2 of the Education Code is repealed.

20begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 60118 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
21

60118.  

County offices of education may, at their option, be
22eligible to receive funds pursuant to this article. Allocations to
23county offices of education shall be based upon prior year average
24daily attendance in county operated educational programs and at
25the average amount allocated to school districts per unit of average
26daily attendance. For the purposes of this article, the terms
27“governing board of a school district” and “governing board” are
28deemed to include county boards of education.

end delete


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