Amended in Senate April 6, 2015

Senate Bill No. 436

Introduced by Committee on Education (Senators Liu (Chair), Block, Hancock, Huff, Leyva, Mendoza, Pan, and Vidak)

February 25, 2015

An act to amend Sections begin insert 1042, 11800, end insert 16236, 17070.75, 17088.2, 17463, 17582, 17592.5, begin delete 44320, end delete begin insert 49073.1, end insert 52335.12, and 60900 of, and to repeal Sections 17591, begin insert 32228.5, 35294.14, end insert 48200.7, begin delete and 48200.8 end delete begin insert 48200.8, 52171.6, 52184, and 54006 end insert of, the Education Code, relating to education.

LEGISLATIVE COUNSEL’S DIGEST

SB 436, as amended, Committee on Education. Education: omnibus bill.

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(1) Existing law, until July 1, 2017, authorizes a county board of education, subject to the concurrence of the county superintendent of schools, to loan moneys from the proceeds of revenue anticipation notes to a charter school for which the county board of education or the county superintendent of schools has a supervisory responsibility or, regardless of whether the charter school is within or outside of the county, with which a county board of education or county superintendent of schools has a contractual relationship. Existing law requires the county board of education, as a condition of making a loan to a charter school, to report to the State Department of Education by September 15 of each year specified information on loans made to charter schools within the prior fiscal year, and requires the department to compile that information into one report to be submitted by December 1 of each year to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Legislative Analyst’s Office.

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This bill would instead require the California School Finance Authority within the State Treasurer’s Office to compile the information referenced above into the one report to be submitted by December 1 of each year to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Legislative Analyst’s Office.

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(2) Existing law establishes the K-12 High-Speed Network, as specified, for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public schools. Existing law requires the Superintendent of Public Instruction to use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the network on behalf of the Superintendent. Existing law requires the Superintendent to establish a K-12 HSN advisory board to include the Superintendent, the county superintendent of schools of the Lead Education Agency, the President of the State Board of Education, and other officers of local educational agencies, including 3 schoolsite representatives, as specified.

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This bill would specify that the schoolsite representatives appointed to the advisory board under this provision would serve renewable 2-year terms.

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(1)

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begin insert (3) end insert  Existing law authorizes the State Allocation Board to allocate any amount of the funds designated for purposes of school housing aid for school districts impacted by seasonal agricultural employment that is in excess of the amounts needed for administration to any of specified funds, including the State School Deferred Maintenance Fund, as provided. Existing law separately authorizes the board to transfer any funds within the State School Building Aid Fund that are in excess of the amounts needed by the board for the maintenance of portable buildings or for the purchase of new portable buildings, for that fiscal year, to any of specified funds, including the State School Deferred Maintenance Fund, as provided.

This bill would delete those allocation authorizations to the State School Deferred Maintenance Fund.

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(2)

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begin insert ( end insert begin insert 4) end insert  Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene Act of 1998), requires the State Allocation Board to allocate to applicant school districts and county offices of education prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. Existing law requires the board to require school districts and county offices of education that receive funding under the Greene Act of 1998 to establish a restricted account within the school district’s or county office of education’s general fund and to deposit, in each fiscal year for 20 years, a minimum amount equal to or greater than 3% of the school district’s or county office of education’s total general fund expenditures, including other financing uses, for that fiscal year into the account for maintenance of school facilities. Existing law authorizes annual deposits into the account in excess of 21⁄2% of the school district’s general fund budget to count towards the amount that a school district is required to contribute in order to receive an apportionment from the State School Deferred Maintenance Fund.

This bill would delete that authorization.

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(3)

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begin insert ( end insert begin insert 5) end insert  Existing law authorizes the governing board of a school district to establish a restricted fund known as the “district deferred maintenance fund” for certain school facilities purposes, including, among others, any other items of maintenance approved by the State Allocation Board.

This bill would remove that purpose from the list of specifically authorized purposes, but would no longer limit the use of the fund to the list of specifically authorized purposes.

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(4) Existing law requires that professional preparation, including student teaching, be made available in the upper division course offerings at all California public institutions of higher learning, except the California Maritime Academy and the Hastings College of the Law and prohibits more than 9 semester units, or the equivalent, of professional education courses from being designated as prerequisites for purposes of admission to student teaching, except as specified. Existing law provides that the Commission on Teacher Credentialing shall encourage postsecondary institutions that offer programs of professional preparation to collaborate with school districts, county offices of education, and professional organizations in the design and delivery of local programs to function as part of the California beginning teacher support and assessment program. If local educational agencies and institutions of higher education voluntarily agree to implement the program, existing law requires, in each program of preparation, support, and assessment, the postsecondary institution to make it possible for each candidate to complete all requirements for a valid teaching credential in the equivalent of one year of full-time study.

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This bill would instead require the postsecondary institution to make it possible for each candidate to compete all requirements for a valid teaching credential in the equivalent of 2 years of full-time study.

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(6) Existing law, the Carl Washington School Safety and Violence Prevention Act, among other things, effectuates the intent of the Legislature that public schools serving pupils in any of grades 8 to 12, inclusive, have access to supplemental resources to establish programs and strategies that promote school safety and emphasize violence prevention among children and youth in public schools. A provision of this act requires the Superintendent of Public Instruction to annually report to the Legislature regarding the use of funds pursuant to the act, and to base this report on information provided to the Superintendent by local educational agencies.

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This bill would delete this provision.

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(7) Existing law, the School Safety Violence Protection Act, effectuates the intent of the Legislature that all public schools with any combination of instructional settings from kindergarten to grade 7, inclusive, have access to supplemental resources to establish programs and strategies that promote school safety and emphasize violence prevention among children and youth in the public schools. A provision of this act requires the Superintendent of Public Instruction and the Attorney General to cooperatively design an evaluation process for the programs and activities established pursuant to the act and report to the Legislature by January 1 of each year, as specified.

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This bill would delete this provision.

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(5)

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begin insert (8) end insert  Existing law requires the State Department of Education, and authorizes the Compton Unified School District, to identify low-performing schools in the school district, as provided, for purposes of providing extended school year instruction. Former law, repealed by its own provisions on January 1, 2003, authorized the Compton Unified School District to receive funding for extended year classes at those low-performing schools in the school district, as provided. Existing law requires the department, in conjunction with the Legislative Analyst, to contract for 2 independent evaluations, as provided, to determine the effectiveness of the extended school year curriculum, instructional program, and materials in improving pupil academic outcomes at those low-performing schools in the Compton Unified School District. Existing law requires the results of the evaluations to be reported on or before January 1, 2002, and January 1, 2003, respectively, to specified persons.

This bill would delete those obsolete provisions.

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(9) Existing law, the Chacon-Moscone Bilingual-Bicultural Education Act of 1976, which ceased to be operative on June 30, 1987, required, among other things, that the Superintendent of Public Instruction report annually to the Legislature on bilingual education programs, as specified. The act also required the State Department of Education to prepare and submit to the Legislature an annual report regarding the number of participants in the State Bilingual Teacher Training Assistance Program and other topics related to that program.

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This bill would delete those reporting requirements.

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(10) Existing law establishes programs to provide state aid to public schools where pupil performance is affected by factors such as low family income, high pupil transiency rates, and large numbers of homes where a primary language other than English is spoken. Existing law requires the Superintendent of Public Instruction to submit annually to the Governor and to each house of the Legislature a report evaluating these programs and containing information related to specified topics.

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This bill would delete the requirement for this annual report.

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(6)

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begin insert (11) end insert  This bill would also update references, delete other obsolete provisions, make conforming changes, and make other nonsubstantive changes.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1042 of the end insert begin insert Education Code end insert begin insert , as amended
by Section 1 of Chapter 38 of the Statutes of 2012, is amended to
read: end insert

1042.  

County boards of education may do all of the following:

(a) Adopt rules and regulations governing the administration of
the office of the county superintendent of schools.

(b) Review the county superintendent of schools annual itemized
estimate of anticipated revenue and expenditures before the annual
itemized estimate is filed with the auditor as required by Section
29040 of the Government Code, and make revisions, reductions,
or additions in the annual itemized estimate it deems advisable
and proper. An annual itemized estimate shall not be filed by the
county superintendent of schools or be approved by the begin insert county end insert
board of supervisors until it has first been so reviewed and
approved by the county board of education.

(c) In the name by which the county board of education is
designated, acquire, lease, lease-purchase, hold, and convey real
property for the purpose of housing the offices and the services of
the county superintendent of schools, except that this subdivision
shall only apply to the county boards of education to which all or
a portion of the duties and functions of the county board of
supervisors specified in subdivision (b) of Section 1080 have been
transferred, with the exception of the recreational duties and
recreational functions specified in subdivisions (c) and (d) of
Section 1080.

(d) Contract with and employ any persons for the furnishing to
the county board of education of special services and advice in
financial, economic, accounting, engineering, legal, or
administrative matters if these persons are specially trained and
experienced and competent to perform the special services required.
The county board of education may pay to these persons from any
available funds the compensation that it deems proper for the
services rendered.

(e) (1) Notwithstanding Section 25304 of the Government
Code, fill by appointment any vacancy that occurs during the term
of office of the county superintendent of schools. In a county in
which the county superintendent of schools is elected, the appointee
shall hold office until the office is filled by election at the next
gubernatorial election.

(2) The authority described in this subdivision shall be vested
in a county board of education only upon its adoption by the county
board of education at a public meeting held pursuant to Article 1
(commencing with Section 1000).

(f) (1) Subject to the concurrence of the county superintendent
of schools pursuant to paragraph (3), use and expend moneys from
the proceeds of notes issued pursuant to the authority granted in
Article 7.6 (commencing with Section 53850) of Chapter 4 of Part
1 of Division 2 of Title 5 of the Government Code, to make loans
to a charter school for which the county board of education or the
county superintendent of schools has a supervisory responsibility
or, regardless of whether the charter school is within or outside of
the county, with which the county board of education or the county
superintendent of schools has a contractual relationship pursuant
to subdivision (b) of Section 47603. Moneys borrowed by the
county board of education for the purpose of making a loan to a
charter school shall be payable solely from the funds of the charter
school and shall not constitute a debt or liability of the county
board of education or the county superintendent of schools,
notwithstanding begin delete the provisions of end delete Section 53857 of the Government
Code, or any other law.

(2) The State of California is not liable for any debt or liability
within the meaning of Section 1 of Article XVI of the California
Constitution, or otherwise, for loans made pursuant to this
subdivision.

(3) Before the county board of education makes a loan pursuant
to this subdivision, the county superintendent of schools shall do
all of the following:

(A) Advise the chartering authority of the charter school and
the county office of education in which the charter school is
primarily located that the charter school has requested the loan.

(B) Allow the chartering authority and county office of
education to provide input regarding the advisability of making
the loan.

(C) Solicit a recommendation from a recognized authority on
school district financial management who is not an employee of
the county office of education about the advisability of making
the loan. The recommendation shall consider the financial condition
of the charter school, the level of risk assumed by the county office
of education, and the potential impact on the county office of
education if the charter school is unable to repay the loan.

(D) Disclose the information received pursuant to subparagraphs
(B) and (C) at a regularly scheduled meeting of the county board
of education.

(E) Determine whether to concur with the intent of the county
board of education to make the loan.

(4) In any fiscal year, a charter school shall not receive more
than one loan that is made pursuant to this subdivision.

(5) (A) As a condition of making a loan to a charter school
pursuant to this subdivision, a county board of education shall
report to the department by September 15 of each year the
following information on loans made to charter schools within the
prior fiscal year:

(i) The name and address of each charter school that received
a loan, including the name of the county in which the charter school
is located.

(ii) The amount of the loan, including the interest rate, that each
charter school received.

(iii) The total amount of money loaned to charter schools by
the county board of education.

(iv) The average duration of loans made to charter schools.

(v) The current status of each loan, including whether or not
the charter school has repaid the loan.

(B) No later than December 1 of each year, the begin delete department end delete
begin insert California School Finance Authority within the State Treasurer’s
Office end insert shall compile the information reported by the county boards
of education pursuant to subparagraph (A) into one report and
submit this information to the appropriate policy and fiscal
committees of the Legislature, the Department of Finance, and the
Legislative Analyst’s Office.

(g) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 11800 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

11800.  

(a) (1) The K-12 High-Speed Network (K-12 HSN)
is hereby established for the purpose of enriching pupil educational
experiences and improving pupil academic performance by
providing high-speed, high-bandwidth Internet connectivity to the
public school system, as defined by Section 6 of Article IX of the
California Constitution.

(2) The California Education Network is hereby established,
consisting of the California Research and Education Network
(CalREN) and the K-12 HSN.

(b) The Superintendent shall measure the success of the K-12
HSN and ensure that the benefits of the K-12 HSN are maximized
to the extent possible. The K-12 HSN shall provide critical services
and functions for public primary and secondary local educational
agencies, including, but not limited to, all of the following:

(1) Reliable and cost-effective Internet service.

(2) Reliable and secure interconnectivity among public school
entities offering kindergarten or any of grades 1 to 12, inclusive,
in California, connection to higher education institutions of
California, and connection to state and local agencies to facilitate
efficient interaction, including transmission of data.

(3) Videoconferencing and related distance learning capabilities.

(4) Statewide coordination of network uses to benefit teaching
and learning.

(c) The Superintendent shall use a competitive grant process to
select a local educational agency to serve as the Lead Education
Agency to administer the K-12 HSN on behalf of the
Superintendent.

(d) The Superintendent shall establish a K-12 HSN advisory
board to be composed of all of the following members:

(1) The Superintendent, or his or her designee.

(2) The county superintendent of schools of the Lead Education
Agency.

(3) A county superintendent of schools of a county with an
average daily attendance of more than 60,000 pupils, appointed
by the Superintendent. The member appointed pursuant to this
paragraph shall serve a renewable two-year term.

(4) Three school district superintendents, appointed by the
Superintendent. Members appointed pursuant to this paragraph
shall represent school districts that are diverse as to geography and
size, and that serve socioeconomically and culturally diverse pupil
populations. Members appointed pursuant to this paragraph shall
serve renewable two-year terms.

(5) Two county superintendents of schools appointed by the
majority of the votes of all of the county superintendents of schools.
Members appointed pursuant to this paragraph shall serve
renewable two-year terms.

(6) Three schoolsite representatives, begin delete which end delete begin insert who end insert shall include
not less than two classroom teachers or instructional specialists.
begin insert Members appointed pursuant to this paragraph shall serve
renewable two-year terms. end insert

(7) The president of the state board or his or her designee.

(e) The advisory board shall meet quarterly and shall recommend
policy direction and broad operational guidance to the
Superintendent and the Lead Education Agency. The advisory
board, in consultation with the Lead Education Agency, shall
develop recommendations for measuring the success of the
network, improving network oversight and monitoring,
strengthening accountability, and optimizing the use of the K-12
HSN and its ability to improve education. The advisory board shall
report its recommendations to the Legislature, the Governor, the
Department of Finance, the president of the state board or his or
her designee, and the Legislative Analyst’s Office by March 1,
2007. It is the intent of the Legislature that the report identify and
recommend specific annual performance measures that should be
established to assess the effectiveness of the network.

(f) The duties of the Lead Education Agency shall include all
of the following:

(1) Entering into appropriate contracts for the provision of
high-speed, high-bandwidth Internet connectivity, provided such
contracts secure the necessary terms and conditions to adequately
protect the interests of the state. Terms and conditions shall include,
but are not limited to, all of the following:

(A) Development of comprehensive service level agreements.

(B) Protection of any ownership rights of intellectual property
of the state that result due to participation of the state in the K-12
HSN.

(C) Appropriate protection of assets of the state acquired due
to its participation in the K-12 HSN.

(D) Assurance that appropriate fee structures are in place.

(E) Assurance that any interest earned on funds of the state for
this purpose are used solely to the benefit of the project.

(2) Development of an annual budget request for the K-12 HSN
for submission to the department and the Department of Finance
to be included in the annual Budget Act.

(3) Development, in consultation with the advisory board
established pursuant to subdivision (d), of specific goals and
objectives for the program with appropriate reporting of success
measures developed by the Superintendent pursuant to subdivision
(b).

(4) Ongoing fiscal oversight of the program, including
mechanisms to control statewide costs and exposure. To
accomplish this objective, the Lead Education Agency shall
contract for an annual independent audit of the program. The
independent auditor shall report the audit findings to the
Superintendent, the Legislature, and the Governor by December
15 of each year.

(5) Ongoing technical oversight of the program, including
external evaluation and independent validation, where appropriate.
To accomplish this objective, the Lead Education Agency shall
contract for an independent evaluation to be completed and
provided to the Superintendent by March 1, 2009. The
Superintendent shall report the results of the evaluation, including
a response and recommendations to correct any adverse findings
from the evaluation, to the Governor and the Legislature by April
30, 2009.

(6) (A) The Lead Education Agency shall administer grant
programs to promote the most cost-effective manner for the
completion of connectivity for all public schools of the state and
cost-effective applications that meet instructional needs to the
extent that funds are provided for these purposes in the annual
Budget Act.

(B) Before the appropriation of any state funds for the purposes
of this paragraph, the Lead Education Agency shall submit
information justifying the need for additional grant funds,
including, but not limited to, all of the following:

(i) The number of schools and school districts that are already
connected.

(ii) The means by which the costs associated with connectivity
were covered for schools and school districts that are already
connected.

(iii) Obstacles to connection for those schools and school
districts that are not yet connected.

(iv) Other local options and funding sources for purposes of
connectivity and applications.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 16236 of the Education Code is amended to
read:

16236.  

Notwithstanding any other law, the board may allocate
any amount of the funds designated for purposes of this article that
is in excess of the amounts needed for the administration of this
article to any of the following:

(a) The Emergency School Classroom Fund for allocation by
the board for any purpose authorized pursuant to that fund.

(b) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.

(c) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.

(d) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.

(e) If the voters approve the Kindergarten-University Public
Education Facilities Bond Act of 2006 at the November 7, 2006,
statewide general election, the 2006 State School Facilities Fund
for allocation by the board for any purpose authorized to that fund.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 17070.75 of the Education Code is amended
to read:

17070.75.  

(a) The board shall require the school district to
make all necessary repairs, renewals, and replacements to ensure
that a project is at all times maintained in good repair, working
order, and condition. All costs incurred for this purpose shall be
borne by the school district.

(b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following before the approval of a project:

(1) 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, according
the highest priority to funding for the purposes set forth in
subdivision (a).

(2) (A) Agree to deposit into the account established pursuant
to paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater
than 3 percent of the total general fund expenditures of the
applicant school district, including other financing uses, for that
fiscal year.

(B) A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant
to Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may
elect to exclude from its total general fund expenditures, for
purposes of this paragraph, the distribution of revenues that are
passed through to participating members of the special education
local plan area.

(C) This paragraph applies only to the following school districts:

(i) High school districts with an average daily attendance greater
than 300 pupils.

(ii) Elementary school districts with an average daily attendance
greater than 900 pupils.

(iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.

(3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or
to be deposited, pursuant to paragraph (2). The plan may provide
that the school district need not expend all of its annual allocation
for ongoing and major maintenance in the year in which it is
deposited if the cost of major maintenance requires that the
allocation be carried over into another fiscal year. However, any
state funds carried over into a subsequent year may not be counted
toward the annual minimum contribution by the school district.

(c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.

(d) For purposes of calculating a county office of education
requirement pursuant to this section, the begin delete 3 percent end delete begin insert 3-percent end insert
maintenance requirement shall be based upon the county office of
education general fund less any restricted accounts.

(e) As a condition of participation in the school facilities
program, a school district shall establish a facilities inspection
system to ensure that each of its schools is maintained in good
repair.

(f) For purposes of this section, “good repair” has the same
meaning as specified in subdivision (d) of Section 17002.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 17088.2 of the Education Code is amended to
read:

17088.2.  

Notwithstanding any other law, the board may transfer
any funds within the State School Building Aid Fund that are in
excess of the amounts needed by the board for the maintenance of
portable buildings or for the purchase of new portable buildings,
for that fiscal year, to any of the following, as appropriate:

(a) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.

(b) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.

(c) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 17463 of the Education Code is amended to
read:

17463.  

Notwithstanding Section 17462, a school district having
an average daily attendance of less than 10,001 in any fiscal year
may deposit any and all interest earned on the funds derived from
the sale in that fiscal year of surplus property into the general fund
of the school district for any general fund purpose, subject to the
following conditions:

(a) Before that deposit, the school district shall submit to the
State Allocation Board a capital outlay plan for the school district
for a period of five years following that sale, together with a
declaration of the finding by the governing board of the school
district that the school facilities needs of the school district can be
met over that five-year period without funding or other assistance
from any state school facilities funding program. No later than the
date upon which that initial five-year period concludes, the school
district shall submit to the State Allocation Board a capital outlay
plan for the school district for the subsequent five-year period.

(b) Before the decision to place that interest money into the
school district’s general fund, the governing board of the school
district shall consider the extent to which it is necessary or
appropriate to expend that money to meet the school district’s
needs relative to capital outlay, facilities, modernization, and
deferred maintenance. In addition, as to any interest money
deposited into the school district’s general fund pursuant to this
section, the governing board of the school district shall consider
the extent to which it is necessary or appropriate to expend the
money to meet the school district’s needs relative to ongoing
maintenance before expending that money for any other purpose.

(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be eligible
during the 10-year period described in subdivision (a) for funding
or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part
10, or any other state school facilities funding program.

(d) If a school district seeks state funding pursuant to Chapter
12 (commencing with Section 17000) of Part 10, Chapter 14
(commencing with Section 17085) of Part 10, or any other state
school facilities funding program, on or after the expiration of the
10-year period specified in subdivision (c), any state funding
received by the school district from the program shall be reduced
by any remaining funds derived from the sale of that surplus
property by the school district and any unencumbered interest
earned on those funds.

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

Section 17582 of the Education Code is amended to
read:

17582.  

(a) The governing board of a school district may
establish a restricted fund to be known as the “district deferred
maintenance fund” for purposes including, but not limited to, major
repair or replacement of plumbing, heating, air conditioning,
electrical, roofing, and floor systems; the exterior and interior
painting of school buildings; the inspection, sampling, and analysis
of building materials to determine the presence of
asbestos-containing materials; the encapsulation or removal of
asbestos-containing materials; the inspection, identification,
sampling, and analysis of building materials to determine the
presence of lead-containing materials; and the control,
management, and removal of lead-containing materials. Funds
deposited in the district deferred maintenance fund may be received
from any source and shall be accounted for separately from all
other funds and accounts and retained in the district deferred
maintenance fund for purposes of this section. The term “school
building” as used in this article includes a facility that a county
office of education is authorized to use pursuant to Article 3
(commencing with Section 17280) of Chapter 3.

(b) Funds deposited in the district deferred maintenance fund
shall only be expended for maintenance purposes as provided
pursuant to subdivision (a).

(c) The governing board of each school district shall have
complete control over the funds and earnings of funds once
deposited in the district deferred maintenance fund.

begin delete SEC. 6. end delete
begin insert SEC. 8. end insert   

Section 17591 of the Education Code is repealed.

begin delete SEC. 7. end delete
begin insert SEC. 9. end insert   

Section 17592.5 of the Education Code is amended to
read:

17592.5.  

The begin delete Joint Powers end delete Southern California Regional
Occupational Center and the Metropolitan Education District, begin insert each
of which is end insert a joint powers authority, shall be deemed to be school
districts for purposes of Sections 17582, 17589, and 17590.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 32228.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

32228.5.  

(a) The Superintendent of Public Instruction shall
annually report to the Legislature regarding the use of funds
pursuant to this article.

(b) As a condition of receipt of funds pursuant to this article,
local education agencies shall provide information for the purpose
of compiling the annual report required pursuant to subdivision
(a) to the Superintendent of Public Instruction, in a format
determined by the Superintendent of Public Instruction.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 35294.14 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

35294.14.  

The Superintendent of Public Instruction and the
Attorney General shall cooperatively design an evaluation process
for the programs and activities established pursuant to this article
and shall report to the Legislature by January 1 of each year,
commencing in 2001, any recommendations for modifications to
existing law relative to school safety and violence prevention
among children and youth.

end delete

begin delete

SEC. 8.  

Section 44320 of the Education Code is amended to
read:

44320.  

(a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at
all California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the
Law. No more than nine semester units, or the equivalent, of
professional education courses may be designated as prerequisites
for purposes of admission to student teaching, except that, to satisfy
the English language requirement as set forth in paragraph (3) of
subdivision (b) of Section 44259, candidates may be required to
take 12 semester units, or the equivalent, as professional education
prerequisites to student teaching.

(b) The commission shall encourage postsecondary educational
institutions that offer programs of professional preparation to
collaborate with school districts, county offices of education, and
professional organizations in the design and delivery of local
programs to function as part of the California beginning teacher
support and assessment program pursuant to Section 44279.2. If
local educational agencies and institutions of higher education
voluntarily agree to implement the program, the following
provisions shall apply to each collaborative effort:

(1) Postsecondary educational institutions and local educational
agencies shall coordinate and articulate the program of professional
preparation and the beginning teacher support and assessment
program, so the two programs provide continuity in the preparation,
support, and assessment of beginning teachers.

(2) At the discretion of a postsecondary educational institution
that participates in a collaborative effort, the program of
professional preparation may be submitted to the commission for
approval as a program of preparation, support, and assessment that
is at least two years long.

(3) In each program of preparation, support, and assessment,
the postsecondary educational institution shall make it possible
for each candidate to complete all requirements for a valid teaching
credential in the equivalent of two years of full-time study.

(4) A postsecondary educational institution that participates in
a collaborative effort may, at its discretion, determine that
successful completion of the support and assessment components
of an articulated program of professional preparation, support, and
assessment fulfills some or all of the requirements of subdivision
(c) of Section 44259, and may accordingly recommend applicants
for the professional teaching credential. The standards and criteria
for making these determinations and recommendations shall be
included in the institution’s proposal for a program.

(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary educational institution in the
design and delivery of an articulated program of professional
preparation, support, and assessment that meets the standards and
criteria pursuant to subdivision (c) of Section 44279.2, and that
receives funds pursuant to the annual Budget Act, may contract
with the postsecondary educational institution to pay the
institution’s costs of designing and delivering the support and
assessment components of the program.

(c) Local educational agencies that are approved by the
commission to provide programs of personalized preparation to
candidates for designated subjects teaching credentials are
encouraged to participate in the design and delivery of local
programs under the California beginning teacher support and
assessment program pursuant to Article 4.5 (commencing with
Section 44279.2), in a manner consistent with subdivision (b).

(d) Before admission to either student teaching under any
professional preparation program approved by the commission,
or participation in a field experience program as described in
Section 44324, a candidate for a credential shall obtain a certificate
of clearance from the commission that shall be issued when the
commission has verified the candidate’s personal identification
and health status. The fee for the certificate of clearance shall not
exceed one-half of the regular fee for a credential and shall be
deducted from the fee for the initial credential applied for by the
certificate holder.

end delete

begin delete SEC. 9. end delete
begin insert SEC. 12. end insert   

Section 48200.7 of the Education Code is repealed.

begin delete SEC. 10. end delete
begin insert SEC. 13. end insert   

Section 48200.8 of the Education Code is repealed.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 49073.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

49073.1.  

(a) A local educational agency may, pursuant to a
policy adopted by its governing board or, in the case of a charter
school, its governing body, enter into a contract with a third party
for either or both of the following purposes:

(1) To provide services, including cloud-based services, for the
digital storage, management, and retrieval of pupil records.

(2) To provide digital educational software that authorizes a
third-party provider of digital educational software to access, store,
and use pupil records in accordance with the contractual provisions
listed in subdivision (b).

(b) A local educational agency that enters into a contract with
a third party for purposes of subdivision (a) shall ensure the
contract contains all of the following:

(1) A statement that pupil records continue to be the property
of and under the control of the local educational agency.

(2) Notwithstanding paragraph (1), a description of the means
by which pupils may retain possession and control of their own
pupil-generated content, if applicable, including options by which
a pupil may transfer pupil-generated content to a personal account.

(3) A prohibition against the third party using any information
in the pupil record for any purpose other than those required or
specifically permitted by the contract.

(4) A description of the procedures by which a parent, legal
guardian, or eligible pupil may review personally identifiable
information in the pupil’s records and correct erroneous
information.

(5) A description of the actions the third party will take,
including the designation and training of responsible individuals,
to ensure the security and confidentiality of pupil records.
Compliance with this requirement shall not, in itself, absolve the
third party of liability in the event of an unauthorized disclosure
of pupil records.

(6) A description of the procedures for notifying the affected
parent, legal guardian, or eligible pupil in the event of an
unauthorized disclosure of the pupil’s records.

(7) (A) A certification that a pupil’s records shall not be retained
or available to the third party upon completion of the terms of the
contract and a description of how that certification will be enforced.

(B) The requirements provided in subparagraph (A) shall not
apply to pupil-generated content if the pupil chooses to establish
or maintain an account with the third party for the purpose of
storing that content pursuant to paragraph (2).

(8) A description of how the local educational agency and the
third party will jointly ensure compliance with the federal Family
Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).

(9) A prohibition against the third party using personally
identifiable information in pupil records to engage in targeted
advertising.

(c) In addition to any other penalties, a contract that fails to
comply with the requirements of this section shall be rendered
void if, upon notice and a reasonable opportunity to cure, the
noncompliant party fails to come into compliance and cure any
defect. Written notice of noncompliance may be provided by any
party to the contract. All parties subject to a contract voided under
this subdivision shall return all pupil records in their possession
to the local educational agency.

(d) For purposes of this section, the following terms have the
following meanings:

(1) “Deidentified information” means information that cannot
be used to identify an individual pupil.

(2) “Eligible pupil” means a pupil who has reached 18 years of
age.

(3) “Local educational agency” includes school districts, county
offices of education, and charter schools.

(4) “Pupil-generated content” means materials created by a
pupil, including, but not limited to, essays, research reports,
portfolios, creative writing, music or other audio files, photographs,
and account information that enables ongoing ownership of pupil
content. “Pupil-generated content” does not include pupil responses
to a standardized assessment where pupil possession and control
would jeopardize the validity and reliability of that assessment.

(5) (A) “Pupil records” means both of the following:

(i) Any information directly related to a pupil that is maintained
by the local educational agency.

(ii) Any information acquired directly from the pupil through
the use of instructional software or applications assigned to the
pupil by a teacher or other local educational agency employee.

(B) “Pupil records” does not mean any of the following:

(i) Deidentified information, including aggregated deidentified
information, used by the third party to improve educational
begin delete products end delete begin insert products, end insert for adaptive learning begin delete purposes end delete begin insert purposes, end insert and
for customizing pupil learning.

(ii) Deidentified information, including aggregated deidentified
information, used to demonstrate the effectiveness of the operator’s
products in the marketing of those products.

(iii) Deidentified information, including aggregated deidentified
information, used for the development and improvement of
educational sites, services, or applications.

(6) “Third party” refers to a provider of digital educational
software or services, including cloud-based services, for the digital
storage, management, and retrieval of pupil records.

(e) If the provisions of this section are in conflict with the terms
of a contract in effect before January 1, 2015, the provisions of
this section shall not apply to the local educational agency or the
third party subject to that agreement until the expiration,
amendment, or renewal of the agreement.

(f) Nothing in this section shall be construed to impose liability
on a third party for content provided by any other third party.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 52171.6 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

52171.6.  

(a) The superintendent shall report annually to the
Legislature on bilingual education programs as part of the
multiple-funded program evaluation required pursuant to Section
33403. The superintendent shall coordinate the design of school
district and state evaluations to minimize the data collection and
reporting requirements at the school and district levels. Pupil
performance data for bilingual programs may be collected and
analyzed on a sample basis with appropriate controls for pupil and
instructional program characteristics.

The multiple-funded program evaluation shall include all of the
following:

(1) A summary of district reports submitted pursuant to
subdivision (a) of Section 52170 on the number of identified pupils
of limited-English proficiency, funds from all sources available
for programs to meet the needs of those identified pupils, and the
numbers of identified pupils who are not being provided with
services pursuant to subdivision (a), (b), (c), (d), (e), or (f) of
Section 52163.

(2) Information on bilingual programs conducted pursuant to
Section 52165, on all of the following:

(A) The number of limited-English proficiency and
fluent-English-speaking pupils served in the program.

(B) The number of teachers holding bilingual credentials or
certificates of competency, bilingual aides, teachers who have
waivers, and language development specialists.

(C) Expenditures made from bilingual education funds by
category of expenditure.

(D) The number of pupils reclassified and district level
procedures for reclassification pursuant to Section 52164.6.

(E) A summary report of programs conducted pursuant to
subparagraph (B) of paragraph (1) of subdivision (c) of Section
52163.

(3) An assessment of the educational needs of pupils of
limited-English proficiency and the extent to which such needs
are being met from federal, state and local efforts, pursuant to
subdivision (e) of Section 52177.

(4) For pupils learning a substantive amount of the curriculum
through their primary language, basic skills assessment shall be
conducted in the primary language only; assessment of language
proficiency shall be conducted in English.

For pupils learning through both English and the primary
language, basic skills assessment shall be in English; assessment
of language proficiency shall be conducted in English. Pupils
participating in the individual learning plan shall be assessed as
appropriate pursuant to regulations, instruction, and guidelines to
be issued by the superintendent. Assessment of pupils in the
primary language shall be required only to the extent that
appropriate instruments are available.

(5) It is the intent of the Legislature that the evaluation of
programs conducted pursuant to this article shall be designed to
provide the Legislature, the board, the superintendent, and program
administrators at district and school levels with information
necessary to assist in all of the following:

(A) Refining and improving policies, regulations, guidelines,
and procedures on a continuing basis.

(B) Assessing the overall merits of local programs.

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 52184 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

52184.  

The department shall prepare and submit to the
Legislature an annual report regarding the number of participants
in the State Bilingual Teacher Training Assistance Program, the
success of the program in assisting teachers under waiver in the
geographic areas of the state with high concentrations of pupils of
limited-English-proficiency and teachers under waiver, and the
number of teachers who have received assistance under the program
and who have been certified as bilingual-crosscultural teachers.

end delete

begin delete SEC. 11. end delete
begin insert SEC. 17. end insert   

Section 52335.12 of the Education Code is amended
to read:

52335.12.  

(a) As a condition of receiving additional funding
based on average daily attendance, the regional occupational center
or program shall report annually to the department the academic
and workforce preparation progress of the secondary pupils
enrolled in the center or program. Indicators to measure that
progress shall include, but are not limited to, the California
Assessment of Student Performance and Progress, pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part
33; the high school exit examination, pursuant to Chapter 9
(commencing with 60850) of Part 33; and other indicators of
academic and workforce preparation success, such as reduced
dropout rates, workforce preparation, increased matriculation into
postsecondary educational institutions, and other measures as
determined by the department.

(b) This section shall become effective only when the
longitudinal data on pupils enrolled in regional occupational centers
and programs can be disaggregated from the California begin delete longitudinal
pupil achievement data system end delete begin insert Longitudinal Pupil Achievement
Data System end insert (CALPADs) database, established pursuant to Chapter
10 (commencing with Section 60900) of Part 33.

(c) On or before October 1, 2007, the department shall submit
to the Department of Finance a detailed proposal for the
implementation of the outcome reports required in subdivision (a).
The proposal shall identify the specific data elements to be
collected and the costs associated with the data collection and
preparation of the report. The department shall consult with the
Department of Finance and the office of the Legislative Analyst
during the development of this proposal.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 54006 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

54006.  

The Superintendent of Public Instruction shall submit
annually to the Governor and to each house of the Legislature a
report evaluating the programs established pursuant to this chapter,
together with his recommendations concerning whether the same
should be continued in operation.

The evaluation submitted to the Legislature pursuant to this
section shall contain information concerning: (a) the total number
of students at each grade level participating in the programs funded
under this chapter, and (b) the effectiveness of the programs funded
under this chapter based to the maximum extent possible on
objective measurements.

end delete

begin delete SEC. 12. end delete
begin insert SEC. 19. end insert   

Section 60900 of the Education Code is amended to
read:

60900.  

(a) The department shall contract for the development
of proposals that will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter
7 (commencing with Section 60810), and Chapter 9 (commencing
with Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.

(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from
both a fiscal and a technological perspective, for the state to own
the system. The proposals shall additionally evaluate and determine
the most effective means of housing the system.

(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state
rules and regulations governing information technology projects.

(d) The system or systems developed pursuant to this section
shall be used to accomplish all of the following goals:

(1) To provide school districts and the department access to
data necessary to comply with federal reporting requirements
delineated in the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).

(2) To provide a better means of evaluating educational progress
and investments over time.

(3) To provide local educational agencies information that can
be used to improve pupil achievement.

(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.

(5) To facilitate the ability of the state to publicly report data,
as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the
federal American Recovery and Reinvestment Act of 2009 (Public
Law 111-5).

(6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).

(e) In order to comply with federal law as delineated in the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
et seq.), the local educational agency shall retain individual pupil
records for each test taker, including all of the following:

(1) All demographic data collected from the California
Assessment of Student Performance and Progress (CAASPP), high
school exit examination, and English language development tests.

(2) Pupil achievement data from assessments administered
pursuant to the CAASPP, high school exit examination, and
English language development testing programs. To the extent
feasible, data should include subscore data within each content
area.

(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information
on the header sheets of the CAASPP tests, high school exit
examination, and the English language development test.

(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.

(5) Other data elements deemed necessary by the
Superintendent, with the approval of the state board, to comply
with the federal reporting requirements delineated in the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
and the federal American Recovery and Reinvestment Act of 2009
(Public Law 111-5), after review and comment by the advisory
board convened pursuant to subdivision (h). Before the
implementation of this paragraph with respect to adding data
elements to the California Longitudinal Pupil Achievement Data
System for the purpose of complying with the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), the
department and the appropriate postsecondary educational agencies
shall submit an expenditure plan to the Department of Finance
detailing any administrative costs to the department and costs to
any local educational agency, if applicable. The Department of
Finance shall provide to the Joint Legislative Budget Committee
a copy of the expenditure plan within 10 days of receipt of the
expenditure plan from the department.

(6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community Colleges to meet the requirements prescribed by the
federal American Recovery and Reinvestment Act of 2009 (Public
Law 111-5), these entities shall be authorized to obtain quarterly
wage data, commencing July 1, 2010, on students who have
attended their respective systems, to assess the impact of education
on the employment and earnings of those students, to conduct the
annual analysis of district-level and individual district or
postsecondary education system performance in achieving priority
educational outcomes, and to submit the required reports to the
Legislature and the Governor. The information shall be provided
to the extent permitted by federal statutes and regulations.

(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:

(1) The ability to sort by demographic element collected from
the CAASPP tests, high school exit examination, and English
language development test.

(2) The capability to be expanded to include pupil achievement
data from multiple years.

(3) The capability to monitor pupil achievement on the CAASPP
tests, high school exit examination, and English language
development test from year to year and school to school.

(4) The capacity to provide data to the state and local educational
agencies upon their request.

(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
1.8 of Part 4 of Division 3 of the Civil Code), and with the federal
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Sec. 1232g), Section 1232h of Title 20 of the United States Code,
and related federal regulations.

(h) The department shall convene an advisory board consisting
of representatives or designees from the state board, the Department
of Finance, the State Privacy Ombudsman, the Legislative
Analyst’s Office, representatives of parent groups, school districts,
and local educational agencies, and education researchers to
establish privacy and access protocols, provide general guidance,
and make recommendations relative to data elements. The
department is encouraged to seek representation broadly reflective
of the general public of California.

(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the
appropriate policy and fiscal committees of the Legislature. The
report shall include an evaluation of the extent to which the
California Longitudinal Pupil Achievement Data System is meeting
the goals described in subdivision (d) and recommendations to
improve the data system in ensuring the privacy of individual pupil
information and providing the data needed by the state and school
districts.

(j) This section shall be implemented using federal funds
received pursuant to the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.), which are appropriated for purposes
of this section in Item 6110-113-0890 of Section 2.00 of the Budget
Act of 2002 (Chapter 379 of the Statutes of 2002). The release of
these funds is contingent on approval of an expenditure plan by
the Department of Finance.

(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, and a charter
school.