BILL ANALYSIS Ó
SB 828
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(Without Reference to File)
SENATE THIRD READING
SB
828 (Committee on Budget and Fiscal Review)
As Amended June 12, 2016
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE: Vote not relevant
SUMMARY: This is the Omnibus K-14 Education Trailer Bill for
2016-17. This bill makes various statutory changes to implement
the 2016-17 budget. Specifically, this bill:
Early Care and Education
1)Increases the standard reimbursement rate by 10% beginning
January 1, 2017.
2)Increases the regional market rate (RMR) to the 75th
percentile of the 2014 survey for that region, or at the RMR
for that region as it existed on December 31, 2016, whichever
is greater, beginning January 1, 2017. Increases the RMR to
the 75th percentile of the 2014 survey for that region
beginning January 1, 2018.
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3)Expresses legislative intent to reimburse child care providers
at the 85th percentile of the most recent RMR survey and
update the RMR ceilings with each new survey, based on
available funding. Also expresses legislative intent to
further increase the RMR ceilings through the 2018-19 fiscal
year to reflect increased costs to providers resulting from
the increases in the state minimum wage.
4)Increases the licensed exempt rates from 65% to 70% of the
Family Child Care Home rate beginning January 1, 2017.
5)Establishes the income eligibility limits for the 2016-17
fiscal year at 70% of the state median income that was used
for the 2007-08 fiscal year, adjusted for family size.
6)Allows for only one parent to sign an application for
enrollment in child care services and prohibit requiring the
parent to submit additional documentation regarding the second
parent.
K-12 Education
1)Allocates $2.94 billion in ongoing Proposition 98 of 1988
funding to further implement the Local Control Funding Formula
(LCFF), bringing the total amount provided for LCFF to $55.8
billion in the 2016-17 fiscal year.
2)Provides a total of $1.39 billion in one-time discretionary
funding to pay down the K-14 mandates backlog ($1.28 billion
for K-12 education and $105 million for community colleges).
Specifically, $665 million is attributed to meeting the
2014-15 minimum guarantee, $386 million toward the 2015-16
minimum guarantee, $141 million in reappropriated funds and
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$194 million in settle-up. The funds are to be allocated on a
per student basis and it is intended for school districts to
use these one-time funds for professional development,
induction for beginning teachers with a focus on relevant
mentoring, instructional materials, technology infrastructure
and any other investments necessary to support the
implementation of the state content standards. It is intended
for community colleges to use these one-time funds for
professional development, campus security infrastructure,
technology infrastructure and developing open education
resources and zero-textbook-cost degrees.
3)Establishes the College Readiness Block Grant program, which
includes the following components:
a) Appropriates $200 million in one-time Proposition 98
funding for the College Readiness Block Grant program in
order to provide additional support for "unduplicated"
(low-income, English learner or foster youth) students to
increase the number who enroll in institutions of higher
education and complete in four years.
b) Allocates funds to school districts, county offices of
education and charter schools based on the number of
unduplicated high school students. No school district,
county office of education or charter school would receive
less than $75,000 if they serve at least one unduplicated
student.
c) Block grant funds are provided to support unduplicated
students in successfully matriculating to institutions of
higher education and can be used for activities such as
professional development related to increasing college
readiness, counseling services, materials to support
college readiness, implementing partnerships with
postsecondary institutions, providing subsidies for
unduplicated students to cover advanced placement exam fees
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and expanding access to college preparation coursework.
d) Grant recipients must develop a plan for using the funds
and the plan must be discussed at a public meeting by the
governing board.
e) Grant recipients must report to the Superintendent of
Public Instruction by January 1, 2017 on how they will
measure the impact of the funds on college readiness. The
Department of Education must then compile this information
and report to the Legislature by April 30, 2017.
4)Allocates $218 million in the 2016-17 fiscal year to offset
the outstanding balance from the 2009-10 Proposition 98
minimum guarantee. Of this amount, $194.2 million is provided
to school districts on a per student basis in order to pay
down the K-12 education mandate backlog. Additionally, $23.8
million is provided to community colleges on a per student
basis to be used for deferred maintenance, instructional
materials and other activities.
5)Provides $24 million in one-time Proposition 98 funding for
the California Collaborative of Educational Excellence
(Collaborative) to do the following activities:
a) Dedicates $20 million to establish a statewide process
to provide professional development and training to local
educational agencies on using the evaluation rubrics and
the Local Control Accountability Plan and Annual Update
templates adopted by the State Board of Education. The
Collaborative will ensure that training is provided in each
region of the state and is available to all local
educational agencies. The Collaborative must submit an
implementation plan to the Legislature and Department of
Finance within 30 days of the state board's adoption of the
evaluation rubrics and begin training by October 15, 2016.
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b) Provides $4 million for the Collaborative to implement a
pilot program to inform its long-term efforts to advise and
assist local educational agencies in improving outcomes.
The Collaborative must submit a plan to the Legislature and
Department of Finance by August 15, 2016 on the goals and
activities of the pilot program, including the timeline and
anticipated expenditures. The Collaborative is required to
report to the Legislature and Department of Finance by
November 1, 2018 on the lessons learned from the pilot
program and implications for the Collaborative's ongoing
work.
6)Reestablishes the California School Paraprofessional Teacher
Training Program as the Classified School Employee Teacher
Credentialing Program in order to recruit classified school
employees to obtain their teaching credential and teach in
their home school district. Specifically, this program
includes the following:
a) Provides $20 million in one-time Proposition 98 funding
over five years for the Commission on Teacher Credentialing
to allocate grants of up to $4,000 per participant per
year, for up to 1,000 new participants per year.
b) Allows school districts, county offices of education and
charter schools that meet certain criteria to participate
in the program, including providing a plan for recruitment
to meet the demand for teachers in shortage areas.
c) Participating classified employees must pass a criminal
background check and have earned an associate degree (or
higher), or completed at least two years of postsecondary
education. Participants must also commit to obtaining a
bachelor's degree, teaching credential and complete one
year of classroom instruction in the school district,
county office of education or charter school providing
assistance.
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d) Requires the commission to contract with an independent
evaluator to conduct an evaluation of the success of the
program by July 1, 2021, which shall be submitted to the
Legislature.
e) Requires the commission to report to the Legislature
January 1st of each year on the status of the program,
including how many classified school employees have been
recruited.
7)Provides $20 million for the Superintendent of Public
Instruction to allocate charter school startup grants of
$575,000 for classroom-based charter schools and $375,000 for
nonclassroom-based charter schools. New charter schools
authorized in counties with few or no active charter schools
and located in low-income communities will receive priority.
Grant funds can be used for any one-time costs associated with
the startup of a new charter school. The Superintendent is
required to use all federal carryover funds provided for this
purpose before allocating state funds.
8)Appropriates $20 million in one-time Proposition 98 funding
for the Orange County Office of Education to provide grants to
local educational agencies to implement programs aligned to
the Multi-Tiered Systems of Support (MTSS) framework. The
Orange County Office of Education shall consult with the
Superintendent of Public Instruction and Executive Director of
the State Board of Education in awarding grants and may use up
to $1 million to administer the grants and provide support to
the grantees.
9)Allocates $18 million in one-time Proposition 98 funding for
the Superintendent of Public Instruction to provide grants to
local educational agencies for drop-out and truancy prevention
programs, pursuant to legislation governing the use of the
savings generated from the Safe Neighborhoods and Schools Act
(Proposition 47). This one-time funding is in addition to the
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$9.9 million in ongoing funding provided for this purpose.
10)Requires the Commission on Teacher Credentialing to develop
and implement a grant program for institutions of higher
education to create or expand a four-year integrated teaching
credential program, including student teaching. The 2016
Budget Act provides $10 million in General Fund for the
commission to provide grants of up to $250,000 to each
eligible institution of higher education. Grant recipients
can use the funds for activities such as providing faculty
release time, program coordinators, creating summer courses,
and recruiting students to participate in the four-year
integrated teaching credential program. Grant recipients must
also provide outcome data to the commission for at least three
years after receiving the grant.
11)Provides $9.5 million in one-time Proposition 98 funding for
the State Water Board, in consultation with the Department of
Education, to award grants to local educational agencies to
improve access and the quality of drinking water in schools.
Grant funding can be used to install water bottle filling
stations, drinking water fountains that remove contaminants,
and point-of-entry treatment devices for drinking fountains,
including replacement filters. The State Water Board is
charged with implementing the program and is required to give
priority to projects in schools within a small disadvantaged
community and projects that will be highly effective in
increasing access to safe drinking water in schools.
12)Allocates $5 million in one-time Proposition 98 funding for
the Commission on Teacher Credentialing to provide a
multi-year award to a local educational agency to establish
the California Center on Teaching Careers in order to recruit
qualified individuals into the teaching profession. The
center shall prioritize recruitment efforts in the shortage
areas of math, science and bi-lingual education and for
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low-income schools. The Commission on Teacher Credentialing
is required to conduct an evaluation of the outcomes of the
center, including expenditure data, survey results, and any
other outcome data collected.
13)Provides an additional $2 million in one-time Proposition 98
funding for the existing School Breakfast Startup Grant
program to be encumbered through the 2018-19 fiscal year. The
one-time funds are to be prioritized for school districts or
county offices of education to start or expand "breakfast
after the bell," or breakfast served after the start of the
school day, where at least 60% of students are low-income,
English learner or foster youth students. This funding is in
addition to the $1 million provided annually for the School
Breakfast Startup Grant program.
14)Requires the Department of Finance, by June 30, 2017, to
adjust funding provided to the Department of Education, if the
amount of revenues distributed to local educational agencies
for special education programs are more, or less, than the
estimated amount reflected in the 2016 Budget Act. Also
requires up to $27.4 million to be appropriated to the
Department of Education to the extent that the amount of
property tax revenues distributed to local educational
agencies for special education programs are less than the
estimated amount reflected in the 2015 Budget Act.
15)Requires the Superintendent of Public Instruction to report
to the Legislature by July 1, 2017 with an estimate of average
costs, including fixed and marginal costs, associated with
full-day and part-day kindergarten and options for
incentivizing full-day kindergarten, including providing
differentiated funding rates for full-day and part-day
programs.
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16)Establishes the Mathematics Readiness Challenge Grant program
to develop grade 12 math courses, or other experiences, in
order to better prepare high school students for college level
math courses. The 2016 Budget Act provides $6.4 million in
federal Title II carryover to implement this program.
Specifically, the program requires the Department of Education
to award grants of $1.28 million each to five eligible
partnerships selected by a committee consisting of
representatives from the department, the California State
University, and the California Mathematics Project.
a) Eligible partnerships must include participation from at
least one teacher preparation program, higher education
institution of arts and sciences and a high-need local
educational agency.
b) The committee must give preference to partnerships with
high school graduates with high math remediation rates and
select partnerships that provide different grade 12 math
experiences.
c) Grants may be used for professional development for
teachers, paraprofessionals, and principals, consistent
with federal law.
d) Grant recipients must make any new course materials
widely available and share information about the
effectiveness of their program with entities in their
region and across the state.
17)Appropriates $6.6 million in one-time Proposition 98 funding
to the Fiscal Crisis Management Assistance Team, including
$5.8 million for the California School Information Services
(CSIS), pursuant to the memorandum of understanding with the
Department of Education, and $800,000 for local educational
agencies to support data submission to the California
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Longitudinal Pupil Achievement Data System (CALPADS).
18)Allocates $3.5 million in ongoing Proposition 98 funding for
San Francisco Unified School District to be made available to
the Exploratorium in San Francisco for the purposes of
providing professional development and leadership training for
education professionals, expanding access to quality science,
technology, engineering and math (STEM) education and
supporting the implementation of the Next Generation Science
Standards.
19)Provides $3 million in one-time Proposition 98 funding for
the Superintendent of Public Instruction to contract with a
county office of education to contract with a vendor to
replace the state's outdated Standardized Account Code
Structure (SACS) education data system. The funds are
available upon approval of the Department of Finance and
notification of the Joint Legislative Budget Committee.
20)Allocates $1 million in one-time Proposition 98 funding to
the Los Angeles County Office of Education to be made
available to the Special Olympics Northern and Southern
California in order to expand Special Olympics in schools.
21)Appropriates $500,000 annually in the 2016-17 through 2018-19
fiscal year for the San Joaquin County Office of Education to
support the development of a web based system for the LCFF
evaluation rubrics and school accountability report card.
22)Extends the authorization of the Superintendent of Public
Instruction's authority to suspend the Academic Performance
Index (API), with approval of the State Board of Education.
The API has been suspended since the 2013-14 school year due
to a transition to new standards-based assessments that
compromise comparability of results across schools or school
districts.
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23)Requires the Superintendent of Public Instruction to
apportion three-fourths of the total funding for the K-12 High
Speed Network by August 31st and up to one-fourth by January
31st each year. Also appropriates $3.5 million in Proposition
98 funding for part of the K-12 High Speed Network's operating
budget.
24)Amends the funding formula for the Foster Youth Services
Coordinating Program, beginning in 2016-17, to include a base
grant of $75,000 for each participating county office of
education that serves at least one foster youth and then
allocate the remaining funding to participating county offices
of education based on the following:
a) Seventy percent based on the number of foster youth
students in the county, and
b) Thirty percent based on the number of school districts
in the county.
25)Allows the Superintendent of Public Instruction, in
collaboration with the Executive Director of the State Board
of Education, to adjust the grant amounts for the Career
Technical Education Incentive Grant program, designated for
specific average daily attendance categories. Also requires
the Superintendent to review the expenditures of the grant
recipients and adjust the grant amount the following year if
the match requirement is not met.
26)Clarifies that charter schools must complete a Local Control
Accountability Plan and Annual Update.
27)Expresses legislative intent that the Department of Education
utilize the Smarter Balanced assessment delivery system
infrastructure and hosting platform for all computer-based
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statewide assessments, to the extent possible.
28)Clarifies that documents related to independent study may be
maintained electronically and allows for an electronic file of
the original document to be used for auditing purposes.
29)Shifts $7.8 million of the $300 million provided for the
Career Technical Incentive Grant program from the 2016-17
fiscal year to the 2015-16 fiscal year, for accounting
purposes. This change is technical and does not impact the
total amount of funding provided for the Career Technical
Education Incentive Grant program.
30)Maintains the existing funding rates for foster students
receiving special education services and specified capacity
for group homes for the 2016-17 school year.
31)Suspends the statutorily-specified split of the Proposition
98 minimum guarantee for 2016-17 between K-12, community
college, and other state agencies. This section of statute
has been suspended each year since 1992-93.
32)Eliminates an outdated code section that prohibits a person
employed by a local educational agency within the last 365
days to be employed by a non-public agency contracted with a
local educational agency for special education related
services.
33)Provides that, if the Commission on State Mandates determines
that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to
existing law.
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34)Declares that it is to take effect immediately as a bill
providing for appropriations related to the budget bill.
COMMENTS: This bill is the budget trailer bill within the
overall 2016-17 budget package related to K-14 education
programs, including the Department of Education, California
Community Colleges, and the Commission on Teacher Credentialing.
Analysis Prepared by:
Katie Hardeman / BUDGET / (916) 319-2099 FN:
0003425