BILL NUMBER: AB 2907 CHAPTERED
BILL TEXT
CHAPTER 1058
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
PASSED THE ASSEMBLY AUGUST 31, 2000
PASSED THE SENATE AUGUST 30, 2000
AMENDED IN SENATE AUGUST 25, 2000
AMENDED IN SENATE JUNE 22, 2000
INTRODUCED BY Committee on Education (Mazzoni (Chair), Leach (Vice
Chair), Alquist, Calderon, Campbell, Correa, Cunneen, Davis, Robert
Pacheco, Scott, Washington, Wildman, and Zettel)
MARCH 14, 2000
An act to amend Sections 8006, 8007, 8070, 8092, 8092.5, 8093,
8100, 8278.3, 33050, 35106, 35500, 35704, 35707, 35720.5, 35756,
37220.6, 41344, 41851.12, 42238, 42239, 42239.2, 42261, 42263, 42267,
45023.1, 47636, 482099, 48664, 51220, 51224, 51225.3, 51225.4,
51226, 51412, 52270, 52300, 52301, 52302, 52302.3, 52302.5, 52302.7,
52302.9, 52303, 52305, 52309, 52329, 52331, 52336, 52336.5, 52342,
52350, 52351, 52353, 52354, 52370, 52371, 52372, 52372.1, 52373,
52375, 52376, 52381, 52382, 52383, 52384, 52388, 52450, 52452, 52453,
52454, 52460, 52461, 52461.5, 52485, 52487, 52488, 52489, 52490,
52495, 52497, 52498, 52499, 52499.3, 52904, 56836.10, and 56836.11
of, to amend the heading of Article 5 (commencing with Section 8090)
of Chapter 1 of Part 6 of, to amend the heading of Article 3
(commencing with Section 52350), Article 4 (commencing with Section
52370), Article 7 (commencing with Section 52450), Article 7.5
(commencing with Section 52460), Article 9 (commencing with Section
52485), and Article 9.5 (commencing with Section 52495) of Chapter 9
of Part 28 of, to amend the heading of Chapter 9 (commencing with
Section 52300) of Part 28 of, to amend and renumber Sections 56375,
56376, 56377, and 56378 of, to add Sections 52334 and 52377 to, and
to repeal Sections 8234, 15720, 16098, 16730, 18185, 35735.3,
44689.5, 49581, 52980, 52981, 52982, 54750, 54751, 54751.1, 54752,
and 56138 of, the Education Code, to amend Sections 19050.8, 53095,
and 66455.9 of the Government Code, to amend Section 104420 of the
Health and Safety Code, to amend Item 6110-104-0001 of Section 2.00
of the Budget Act of 2000, Item 6110-105-001 of Section 2.00 of the
Budget Act of 2000, Item 6110-134-0001 of Section 2.00 of the Budget
Act of 2000, Item 6110-151-0001 of Section 2.00 of the Budget Act of
2000, Item 6110-165-0001 of Section 2.00 of the Budget Act of 2000,
Item 6110-495 of Section 2.00 of the Budget Act of 2000, and to amend
Sections 35 and 42 of Chapter 71 of the Statutes of 2000, relating
to education, and making an appropriation therefor.
(Approved by Governor September 30, 2000. Filed with
Secretary of State September 30, 2000.)
I am signing Assembly Bill 2907. However, I am reducing certain
specified appropriations to maintain my actions taken regarding SB
1667 (Chapter 71/2000), and because I have specific concerns with the
additional project proposed to be added pursuant to paragraph 56 of
subdivision (a). The language below conforms to my action regarding
SB 1667, and also makes this additional reduction:
I am reducing the appropriation made by Section 42 of Chapter 71
of the Statutes of 2000, as proposed to be amended by this Section
129 of this bill, from $33,352,000 to $15,761,000. The specific
reductions are as follows:
I am reducing the appropriation in Section 42 by eliminating
paragraph (6) of subdivision (a), which allocates $300,000 to the San
Francisco Unified School District for expansion of arts education in
grades K-5. Grants for this purpose are available on a competitive
basis through the Department of Education, and I am therefore
deleting this appropriation to fund higher competing priorities.
I am reducing the appropriation in Section 42 by reducing
paragraph (7) of subdivision (a) from $500,000 to $400,000, to the
Culver City Unified School District to repair the track at Culver
City High School, in order to fund higher competing priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (8) of subdivision (a), which allocates $10,000 to the Los
Angeles Unified School District for a school-based/school-linked
health program at the Maclay Middle School. I am reducing this
appropriation in order to fund competing higher priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (9) of subdivision (a), which allocates $10,000 to the Los
Angeles Unified School District for a school-based/school-linked
health program at the Pacoima Middle School. I am reducing this
appropriation in order to fund competing higher priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (11) of subdivision (a), which allocates $20,000 to the
Manhattan Beach Unified School District for the purchase of equipment
for teaching aids to reduce diversity intensity and increase
cultural awareness at Mira Costa High School, to fund higher
competing priorities,
I am reducing the appropriation in Section 42 by eliminating
paragraph (15) of subdivision (a), which allocates $100,000 to Ligget
Elementary for establishment of a Parent Education Center. Grants
are already available for this purpose through the Department of
Education, pursuant to the Parental Involvement Program established
pursuant to Chapter 734 of the Statutes of 1999. Additional, support
for this purpose should be provided from local resources.
I am reducing the appropriation in Section 42 by eliminating
paragraph (18) of subdivision (a), which allocates $200,000 to the
Sunnyvale Elementary School District for Project H.E.L.P. I am
reducing this appropriation in order to fund competing higher
priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (19) of subdivision (a), which allocates $250,000 to the
Lamont Elementary School District for portable classrooms. Funding
for this purpose should be sought through the State Allocation Board
process.
I am reducing the appropriation in Section 42 by eliminating
paragraph (22) of subdivision (a), which allocates $450,000 to the
Los Angeles Unified School District for the San Fernando High School
Health Clinic. I am reducing this appropriation in order to fund
competing higher priorities.
I am sustaining the appropriation of $500,000 in paragraph (23) of
subdivision (a) of Section 42 for the Baldwin Park Unified School
District's Drama, Reading, English, and Mathematics (DREAM) project,
on a one-time basis only, thus any future support for this project
should be provided from local resources.
I am reducing the appropriation in Section 42 by reducing
paragraph (24) of subdivision (a) from $500,000 to $200,000, to the
Montebello Unified School District for natural gas powered delivery
trucks, in order to fund higher competing priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (25) of subdivision (a), which allocates $150,000 to the
Elk Grove Unified School District for a Japanese language academy. I
am deleting this appropriation to fund higher competing priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (26) of subdivision (a), which allocates $500,000 to the
Oakland Unified School District for a reading training program. The
Budget Bill already includes significant funding for reading staff
development, reading programs, and remedial instruction in reading,
and I am therefore unable to support this request.
I am reducing the appropriation in Section 42 by reducing the
amount in paragraph (27) of subdivision (a), from $350,000 to
$200,000 for allocation to the Burbank Unified School District to
continue a literacy program on a one-time basis only, thus any future
support for this project should be provided from local resources.
I am sustaining the appropriation of $300,000 in paragraph (28) of
subdivision (a) of Section 42 for the Temple City Unified School
District's Arts Academy, on a one-time basis only, future support for
this project should be provided from local resources.
I am reducing the appropriation in Section 42 by eliminating
paragraph (29) of subdivision (a), which allocates $400,000 to the
Alum Rock Union Elementary School District for a mathematics/science
center that would provide training and science/mathematics supplies
to teachers. The 2000-01 Budget already contains $246 million for
the Staff Development Day Buy-Out program and $108 million for a
variety of Professional Development Institutes, including institutes
in elementary mathematics and algebra, to help improve teacher's
skills and expertise in classroom instruction.
I am reducing the appropriation in Section 42 by eliminating
paragraph (30) of subdivision (a), which allocates $50,000 to the
Santa Monica Malibu Unified School District for an after school youth
program at Malibu High School. I am reducing this appropriation in
order to fund competing higher priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (32) of subdivision (a), which allocates $200,000 to the
Tahoe-Truckee Unified School District for the North Tahoe Youth
Center. I am reducing this appropriation in order to fund competing
higher priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (34) of subdivision (a), which allocates $675,000 to the
Los Alamitos Unified School District for reimbursement for class size
reduction costs. Funding for this purpose should be sought through
the class size reduction facilities program.
I am reducing the appropriation in Section 42 by reducing the
amount in paragraph (35) of subdivision (a), from $10,000,000 to
$5,000,000 for allocation to the Alvord Unified School District for
construction costs associated with the Center for Primary Education.
The balance of funding required for this project should be sought
through the School Facilities Program or from local resources.
I am reducing the appropriation in Section 42 by eliminating
paragraph (36) of subdivision (a), which allocates $900,000 to the
Riverside County Office of Education for the purpose of screening and
diagnosing pupils for Scotopic Sensitivity Syndrome, to fund higher
competing priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (37) of subdivision (a), which allocates $500,000 to the
Saugus Union Elementary School District for costs associated with
testing air quality in portable classrooms. As indoor air quality in
portable classrooms is an important issue, the Budget provides $1
million to the Air Resources Board and the State Department of Health
Services for purposes of conducting a comprehensive study and review
of the environmental health conditions, including air quality, in
portable classrooms.
I am reducing the appropriation in Section 42 by eliminating
paragraph (38) of subdivision (a), which allocates $275,000 to the
Inyo County Office of Education for facilities costs. Funding for
this project may be available through the School Facilities Program.
I am reducing the appropriation in Section 42 by eliminating
paragraph (39) of subdivision (a), which allocates $500,000 to the
Calaveras Unified School District for swimming pool renovations, in
order to fund higher competing priorities.
I am reducing the appropriation in Section 42 by eliminating
paragraph (40) of subdivision (a), which allocates $27,000 to the
Alta-Dutch Flat Union Element
LEGISLATIVE COUNSEL'S DIGEST
AB 2907, Committee on Education. Education.
(1) Existing law provides for vocational education, skill
training, instruction, and training.
This bill would change the term "vocational" to "career technical"
in certain sections of the Education Code and require that each
reference to vocational education, skill training, instruction, or
training in the Education Code be deemed to be a reference to career
technical education, skill training, instruction, or training.
(2) Existing law requires the Superintendent of Public Instruction
to establish, in the 1994-95 fiscal year, in a specified region, the
Migrant Family Day Care Program as a 3-year pilot program for the
purpose of serving the special needs of migrant children from the
time of birth to the time of their enrollment in kindergarten.
This bill would repeal those obsolete provisions.
(3) Under existing law, the Child Care Facilities Revolving Fund
is established in the State Treasury to provide funding for the
purchase of new relocatable child care facilities for lease to school
districts and contracting agencies who provide child care and
development services. The money in the fund is continuously
appropriated for those purposes. Existing law requires the
Superintendent of Public Instruction, by November 1, 1997, to submit
a plan specifying the application procedures, allowable use of the
fund, and form of the agreement.
This bill would also allow the money in that fund to be used for
the renovation, repair, or improvement of an existing building to
make the building suitable for licensure for child care and
development services. By expanding the purposes for which the money
in this continuously appropriated fund may be allocated, the bill
would make an appropriation. The bill would extend to November 30,
2000, the date by which the Superintendent of Public Instruction is
required to submit the plan.
(4) Existing law, the State School Building Aid Law, 1949,
provides for the allocation of funds to school districts for
providing additional schoolhouse facilities. Under that act payment
or reimbursement to school districts is made in a specified manner.
This bill would delete those provisions pertaining to payment and
reimbursement.
(5) Existing law, the State School Building Aid Law of 1952,
provides for the allocation of funds to school districts for the
purpose of providing new schoolhouse facilities, and requires a
complete detailed report of expenditure of funds allocated under that
act to be made to the State Allocation Board annually to the
Legislature.
This bill would delete that reporting requirement.
(6) Existing law, the Urban School Construction Aid Law of 1968,
authorizes the apportionment of funds to urban school districts for
the sole purpose of reconstructing or replacing existing substandard
buildings constructed prior to 1943, and requires a complete detailed
report of the expenditure of funds allocated under that act to be
made annually by the State Allocation Board to the Legislature.
This bill would delete that reporting requirement.
(7) Existing law states the intent of the Legislature to utilize,
as the basis for future reorganization of districts in each county,
the organization of districts as they existed on January 1, 1981, and
the master plan for school district organization in each county,
which was developed and approved under certain provisions as they
existed prior to January 1, 1981, or any approved updated version of
the master plan not inconsistent with other provisions of law.
This bill would remove the intent to use the master plan for
school districts as a basis for future reorganization of school
districts and replace it with the intent to use local educational
needs and concerns as the basis for future reorganization of
districts in each county.
(8) Existing law prescribes the procedures for an action to
reorganize one or more districts, and requires the county
superintendent of schools, within 20 days after any petition for
reorganization is filed, to examine the petition, and, if he or she
finds it to be sufficient as required by law, transmit the petition
to the county committee on school district organization and to the
State Board of Education.
This bill would instead require the county superintendent of
schools to transmit that petition within 30 days of making that
finding. The bill would make other technical and clarifying changes
in related provisions.
(9) Existing law requires each county committee on school district
organization, at the direction of the State Board of Education, to
formulate plans and recommendations for the organization of the
districts in the county or any portion of the county, including, if
appropriate, a portion of one or more adjacent counties. In
accordance with those requirements, the county committee is required
to adopt a tentative recommendation following which action it is
required to hold on one or more public hearings in the area proposed
for reorganization prior to submitting a final recommendation for
unification or other reorganization to the State Board of Education.
Existing law requires that public hearing to be held when notice is
sent to the governing board of each school district involved at least
10 days prior to the hearing and other requirements regarding
posting the notice of the hearing have been met.
This bill would make a technical change regarding the notice
requirements.
(10) Existing law requires the county superintendent of schools,
within 20 days of receiving notification that the State Board of
Education approves the plans and recommendations for the unification
or other reorganization of school districts, to call an election to
be conducted at the next available regular election.
This bill requires the election to be called within 35 days after
receiving the notification.
(11) Existing law authorizes any county superintendent of schools
or consortium of school districts to apply to the State Board of
Education to establish a pilot project to assist selected school
districts to recruit and select administrative personnel, and
prescribes the purposes for which these pilot projects may be
established, including, among others, gathering and organizing
information regarding effective techniques for selecting and
evaluating management personnel.
This bill would delete those provisions.
(12) Existing law authorizes the governing board of any school
district to accept interdistrict transfers, and requires that any
application for transfer under those provisions be submitted by the
pupil's parent or guardian to the school district of choice that has
elected to accept transfer pupils pursuant to specified provisions
prior to January 1 of the school year preceding the school year for
which the pupil is to be transferred. Those provisions prohibit the
submission of an application after January 1, 1999.
This bill would delete the provisions prohibiting the submission
of an application after January 1, 1999.
(13) Existing law requires the State Department of Education to
develop a testing program to be utilized at a kindergarten grade
level to determine which pupils have a potential for developing
learning disability problems. Existing law requires the department
to develop and implement a pilot program to determine the
effectiveness and feasibility of implementing that testing program.
This bill would delete the requirement to develop and implement
that pilot program.
(14) Existing law requires the State Department of Education to
select 6 school districts maintaining any of grades 7 to 12,
inclusive, to participate in pilot projects in applied academic areas
and programs, commencing in May 1991 and continuing throughout April
1994.
This bill would delete those obsolete provisions.
(15) Existing law requires the Superintendent of Public
Instruction to establish college admissions test preparation pilot
projects for eligible school districts in accordance with certain
requirements. Existing law requires that a college admissions test
preparation pilot project meet specified goals, including, among
others, the identification of students from groups underrepresented
in admissions to public postsecondary educational institutions
eligible to participate in the pilot projects. Existing law states
the intent of the Legislature that the governing board of each school
district operating an approved college admissions test preparation
pilot project enter into agreements with college admissions test
sponsors for the purpose of establishing and maintaining test
preparation activities for the benefit of students, teachers,
counselors, and parents.
This bill would repeal those provisions.
(16) Existing law requires the Superintendent of Public
Instruction to conduct a pilot program for the 1993-94, 1994-95, and
1995-96 fiscal years to authorize school districts, special education
local plan areas, and county offices to establish an alternative
dispute resolution process.
This bill would repeal those provisions.
(17) Existing law requires the State Department of Education to
award and administer grants for projects directed at the prevention
of tobacco use among schoolage children.
Under existing law, the department is required to allocate funds
for administering this grant program to county offices of education,
and, in particular, is required to allocate $25,000 to counties with
less than 25,000 units of average daily attendance. If funds for
this purpose are insufficient, the Superintendent of Public
Instruction is required to prorate available funds among
participating county offices of education with more than 25,000 units
of average daily attendance.
This bill would, with respect to the allocation of funds for
counties with less than 25,000 units of average daily attendance,
require, if funds for that purpose are insufficient, the
Superintendent of Public Instruction to prorate available funds among
participating county offices of education ensuring that all county
offices of education receive a minimum of $25,000, and would make
clarifying changes in related provisions.
(18) This bill would make technical and clarifying changes in
other provisions of the Education Code.
(19) Existing law authorizes the State Personnel Board and its
executive officer to prescribe rules governing the temporary
assignment or loan of employees between agencies for not to exceed 2
years for certain purposes. Existing law allows a temporary
assignment or loan between educational agencies to be extended for up
to 2 additional years upon a finding by the Superintendent of Public
Instruction or the Chancellor of the California Community Colleges,
and with the approval of the Executive Officer of the State Personnel
Board, that the extension is necessary in order to substantially
complete work on an educational improvement project.
This bill would additionally allow the temporary assignment of any
local educator who is performing the duties of a nonrepresented
classification while on loan to a state education agency to be
extended for as many successive 2-year intervals as necessary by the
Superintendent of Public Instruction or the Chancellor of Community
Colleges with the concurrence of the local education agency.
(20) Under existing law, whenever there is consideration of an
area within a development for a public schoolsite, the advisory
agency or subdivision approval is required to give the State
Department of Education written notice of the proposed site. If the
site is within the distance of an airport runway as defined in
specified provisions, the State Department of Education is required
to notify the State Department of Transportation, and the State
Department of Education is required to investigate the proposed site
and to submit to the advisory agency and school district a written
report and its recommendations concerning the site. Existing law
prohibits the governing board of the school district from acquiring
title to the property until the report of the State Department of
Education is received. If that report does not favor the acquisition
of the property for a schoolsite, the governing board is prohibited
from acquiring title to the property until 30 days after the
department's report has been read at a public hearing duly called
after 10 days' notice published once in a newspaper, as specified,
within the county in which the property is located.
This bill would delete those provisions that prohibit the
governing board of a school district from acquiring title to the
property until the report of the State Department of Education has
been received and would delete those other requirements regarding the
reading of the report at a public hearing and the posting of public
notice of that hearing. The bill would also make conforming changes
in those provisions.
(21) Existing law provides for a method of determining revenue
limits for each school district. Under existing law, a local
educational agency's fiscal year average daily attendance may not be
computed pursuant to that method if the average daily attendance of a
local education agency is adjusted by the Superintendent of Public
Instruction pursuant to any audit or review conducted by a
governmental agency.
This bill would instead require a local agency's prior fiscal year
average daily attendance to be reduced by an amount equal to any
average daily attendance disallowed in the current year by an audit
or review.
(22) Existing law requires the Superintendent of Public
Instruction to allocate a certain amount of money for supplemental
summer school programs in each school district for which the prior
fiscal year enrollment was less than 500 units of average daily
attendance and meets other criteria.
This bill would delete "units of average daily attendance" from
this provision.
(23) Existing law establishes the Education Technology Grant
Program to provide one-time grants to school districts and charter
schools for the purposes of acquiring computers for instructional
purposes at public schools. The Office of the Secretary of Education
administers the program.
This bill would authorize the Secretary for Education to adopt
emergency regulations governing the method of allocating program
funds for the 2000-01 fiscal year.
(24) Existing law authorizes a joint powers authority to issue
bonds in order to (1) purchase obligations of local agencies or make
loans to local agencies to finance the local agencies' unfunded
actuarial pension liability or to purchase or make loans to finance
the purchase of delinquent assessments or taxes or (2) acquire any or
all right, title, or interest of a local agency in and to the
enforcement and collection of delinquent and uncollected property
taxes, assessments, and other receivables placed for collection on
the property tax rolls and makes the authority described in (2)
inoperative through June 30, 2001.
This bill would instead require the amount of property tax
receipts to be reported in a fiscal year for certain school districts
that participate in a joint powers authority using financing through
the authority described above to be equal to 100% of the district's
allocable share of the taxes levied for the fiscal year on its
behalf. The bill would require 100% of the school district's
allocable share of delinquent taxes levied for the fiscal year to be
paid by the joint powers authority to the county auditor and
distributed to school districts by the county auditor.
(25) Existing law, the Budget Act of 2000, as approved by the
Governor, appropriates $3,469,000 to the State Department of
Education for local assistance and contains a provision that
$4,000,000 of the funds appropriated by that budget item is for
expansion and growth.
This bill would delete the provision regarding expansion and
growth.
(26) Existing law, the Budget Act of 2000, appropriates $7,022,000
to the State Department of Education for local assistance and
contains a provision that states that $7,022,000 is available for
matching federal Workforce Investment Act funds.
This bill would delete the provision making the funds available
for matching funds and would instead require the Superintendent of
Public Instruction to allocate those funds to adult schools, Regional
Occupational Centers and Programs, school districts operating high
schools, and county offices of education that operate alternative
programs for high school youth.
(27) Existing law appropriates $337,373,000 for purposes of
Regional Occupational Centers and Programs and authorizes the direct
apportionment to joint powers authorities of revenue limits funds for
those centers and programs.
This bill would delete this authorization.
(28) Existing law appropriates $118,650,000 for local assistance
to the State Department of Education.
This bill would require these funds to be allocated for purposes
of teacher recruitment and retention as specified in Chapter 70 of
the Statutes of 2000.
(29) Existing law, the Budget Act of 2000, provides that specified
amounts shall revert to the Proposition 98 Reversion Account.
This bill would add to the items that would revert to the
Proposition 98 Reversion Account.
(30) Existing law, Chapter 72 of the Statutes of 2000,
appropriates $32,852,000 from the General Fund to the Superintendent
of Public Instruction for allocation to various purposes.
This bill would increase the appropriation to $33,352,000 by
adding a $500,000 allocation to the Los Angeles Unified School
District for the renovation of the San Fernando Middle School
Auditorium. The bill would reappropriate $100,000 to the Hispanic
Media Education Group for an evaluation of the Cada Cabeza Es Un
Mundo Latino-Chicano High School Dropout Prevention Program.
(31) The bill would, notwithstanding any other provision of law,
modify the formula for average daily attendance for the Compton
Unified School District for the 1999-2000 fiscal year.
(32) This bill would incorporate additional changes in Section
42238 of the Education Code, proposed by AB 2907, to be operative
only if AB 2907 and this bill are both chaptered and become effective
January 1, 2001, and this bill is chaptered last.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8006 of the Education Code is amended to read:
8006. (a) There is, in the State Department of Education a career
technical education staff responsible for the design,
implementation, and maintenance of a basic integrated statewide
information system for career technical education and technical
training. The Board of Governors of the California Community
Colleges shall collect and maintain information related to career
technical education and technical training within the California
Community Colleges for inclusion within the integrated statewide
information system.
(b) The data gathering and analysis capabilities of the system
described in subdivision (a) shall include, but not be limited to,
maintaining comprehensive inventory of all programs of all career
technical education and technical training programs which are
maintained by the public schools.
SEC. 2. Section 8007 of the Education Code is amended to read:
8007. The State Department of Education and the Board of
Governors of the California Community Colleges shall submit the
following reports each year to the Legislature:
(a) An annual descriptive report containing information on career
technical education and technical training programs, including
regional occupational centers and programs. The report shall be
coordinated with federal evaluation requirements pursuant to Public
Law 101-392 and shall contain all of the following:
(1) Enrollment defined in terms of secondary pupils, postsecondary
students, and adults.
(2) The number of graduates of programs and dropout rates.
(3) The number of students trained for specific entry level
occupations.
(4) Fiscal information, including income by source and expenditure
by category.
(5) Other factors as determined in Budget Act language pursuant to
Section 33404.
(b) An annual individual program evaluation derived from a
representative sample of participating districts and schools
containing information on program effectiveness as measured by:
(1) The extent to which persons who complete the program:
(A) Find employment in occupations related to their training.
(B) Are considered by their employers to be well trained and
prepared for employment.
(2) Other factors as determined in Budget Act language pursuant to
Section 33404.
(c) A copy of the annual state plan for career technical
education.
SEC. 3. Section 8070 of the Education Code is amended to read:
8070. The governing board of each school district participating
in a career technical education program shall appoint a career
technical education advisory committee to develop recommendations on
the program and to provide liaison between the district and potential
employers.
The committee shall consist of one or more representatives of the
general public knowledgeable about the disadvantaged, students,
teachers, business, industry, school administration, and the field
office of the Department of Employment Development.
SEC. 4. The heading of Article 5 (commencing with Section 8090) of
Chapter 1 of Part 6 of the Education Code is amended to read:
Article 5. Career Technical Education Contracts
SEC. 5. Section 8092 of the Education Code is amended to read:
8092. (a) Any school district or districts, any county
superintendent or superintendents, or the governing body of any
agency maintaining a regional occupational center or program may
contract with a private postsecondary school that is authorized or
approved pursuant to Chapter 3 (commencing with Section 94300) of
Part 59 and has been in operation not less than two full calendar
years prior to the effective date of the contract, to provide career
technical skill training authorized by this code. Any school
district, community college district, or county superintendent of
schools may contract with an activity center, work activity center,
or sheltered workshop to provide career technical skill training
authorized by this code in any adult education program for
substantially handicapped persons operated pursuant to subdivision
(a) of Section 41976.
(b) All contracts between a public entity and a private
postsecondary school entered into pursuant to this section, or an
activity center, work activity center, or sheltered workshop shall do
all of the following:
(1) Provide that the amount contracted for per student shall not
exceed the total direct and indirect costs to provide the same
training in the public schools or the tuition the private
postsecondary school charges its private students, whichever is
lower.
(2) Provide that the public school receiving training in a private
postsecondary school, or an activity center, work activity center,
or sheltered workshop pursuant to that contract may not be charged
additional tuition for any training included in the contract. The
attendance of those students pursuant to a contract authorized by
this section shall be credited to the public entity for the purposes
of apportionments from the State School Fund.
(3) Provide that all programs, courses, and classes of instruction
shall meet the standards set forth in the California State Plan for
Career Technical Education, or is a course of study for adult schools
approved by the State Department of Education under Section 51056.
(c) The students who attend a private postsecondary school or an
activity center, work activity center, or sheltered workshop pursuant
to a contract under this section shall be enrollees of the public
entity and the career technical instruction provided pursuant to that
contract shall be under the exclusive control and management of the
governing body of the contracting public entity.
(d) The Department of Finance and the State Department of
Education may audit the accounts of both the public entity and the
private party involved in these contracts to the extent necessary to
assure the integrity of the public funds involved.
SEC. 6. Section 8092.5 of the Education Code is amended to read:
8092.5. (a) A community college district may contract with a
public or private postsecondary educational institution in a
neighboring state that borders on the district boundary to provide
career technical skill training for district students authorized by
this code. The contracts shall meet the requirements of Section 8092
and shall meet the general intent of Chapter 7 (commencing with
Section 94700) of Part 59.
(b) This section shall become operative on January 1, 1997.
SEC. 7. Section 8093 of the Education Code is amended to read:
8093. The provisions of Article 3 (commencing with Section 39140)
of Chapter 2 of Part 23 of Division 3 of Title 2, or Article 7
(commencing with Section 81130) of Chapter 1 of Part 49 of Division 7
of Title 3 shall not apply to any building which is used by a
private postsecondary school for purposes of providing career
technical skill training for pupils pursuant to a contract under
Section 8092 entered into by a public school entity and a private
educational institution; provided that all of the following
requirements are met:
(a) The building is not owned, leased, rented, or being purchased
by, nor situated on property owned or being purchased by, a public
school entity.
(b) The only public school purpose for which that building is used
is pursuant to a contract entered into pursuant to Section 8092.
(c) The building is not reconstructed, altered, or added to by a
public school entity at a cost exceeding ten thousand dollars
($10,000).
SEC. 8. Section 8100 of the Education Code is amended to read:
8100. The Superintendent of Public Instruction shall approve
courses of career technical training for the purposes of loans
authorized by Section 7185 of the Financial Code.
SEC. 9. Section 8234 of the Education Code is repealed.
SEC. 10. Section 8278.3 of the Education Code is amended to read:
8278.3. (a) (1) The Child Care Facilities Revolving Fund is
hereby established in the State Treasury to provide funding for the
renovation, repair, or improvement of an existing building to make
the building suitable for licensure for child care and development
services and for the purchase of new relocatable child care
facilities for lease to school districts and contracting agencies who
provide child care and development services, pursuant to this
chapter. The Superintendent of Public Instruction may transfer state
funds appropriated for child care facilities into this fund for
allocation to school districts and contracting agencies, as
specified, for the purchase, transportation, and installation of
facilities for replacement and expansion of capacity. School
districts and contracting agencies using facilities made available by
the use of these funds shall be charged a leasing fee, either at a
fair market value for those facilities or at an amount sufficient to
amortize the cost of purchase and relocation, whichever is lower,
over a 10-year period. Upon full repayment of the purchase and
relocation costs, title shall transfer from the State of California
to the school district or contracting agency. The Superintendent of
Public Instruction shall deposit all revenue derived from the lease
payments into the Child Care Facilities Revolving Fund.
(2) Notwithstanding Section 13340 of the Government Code, all
moneys in the fund, including moneys deposited from lease payments,
shall be continuously appropriated, without regard to fiscal year, to
the Superintendent of Public Instruction for expenditure pursuant to
this article.
(b) On or before November 30, 2000, the Superintendent of Public
Instruction shall submit a plan to the Office of the Secretary for
Education, the Department of Finance, and the Legislative Analyst's
Office. This plan shall specify the application procedures to
request funding for the renovation, repair, or improvement of an
existing building to make the building suitable for licensure for
child care and development services, the allowable uses of the funds,
and the form of the agreement, including, but not necessarily
limited to, provisions to protect the state's interest, including
provisions relating to maintenance and the event of contract
termination.
(c) On or before August 1, 1998, and on or before August 1 of each
fiscal year thereafter, the Superintendent of Public Instruction
shall submit to the Office of the Secretary for Education, the
Department of Finance, and the Legislative Analyst's Office a report
detailing the number of funding requests received and their purpose,
the types of agencies which received this facilities funding, the
increased capacity that these facilities generated, a description of
how the facilities are being used, and a projection of the lease
payments collected and the funds available for future use.
SEC. 11. Section 15720 of the Education Code is repealed.
SEC. 12. Section 16098 of the Education Code is repealed.
SEC. 13. Section 16730 of the Education Code is repealed.
SEC. 14. Section 18185 of the Education Code is repealed.
SEC. 15. Section 33050 of the Education Code, as amended by
Chapter 71 of the Statutes of 2000, is amended to read:
33050. (a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the State Board of Education to
waive all or part of any section of this code or any regulation
adopted by the State Board of Education that implements a provision
of this code that may be waived, except:
(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part 10.
(2) Chapter 6 (commencing with Section 16000) of Part 10.
(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14 (commencing with
Section 17085) of Part 10.
(4) Part 13 (commencing with Section 22000).
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7) The following provisions of Part 10.5 (commencing with Section
17211):
(A) Chapter 1 (commencing with Section 17211).
(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462
and subdivision (a) of Section 17464; and Sections 17582 to 17592,
inclusive.
(8) The following provisions of Part 24 (commencing with Section
41000):
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Sections 41600 to 41866, inclusive.
(D) Sections 41920 to 42911, inclusive.
(9) Article 3 (commencing with Section 44930) of Chapter 4 of Part
25 and regulations in Title 5 of the California Code of Regulations
adopted pursuant to Article 3 (commencing with Section 44930) of
Chapter 4 of Part 25.
(10) Part 26 (commencing with Section 46000).
(11) Chapter 6 (commencing with Section 48900) and Chapter 6.5
(commencing with Section 49060) of Part 27.
(12) Section 51513.
(13) Chapter 6.10 (commencing with Section 52120) of Part 28,
relating to class size reduction.
(14) Section 52163.
(15) The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.
(16) Sections 52165, 52166, and 52178.
(17) Article 3 (commencing with Section 52850) of Chapter 12 of
Part 28.
(18) Section 56364.1, except that this restriction shall not
prohibit the State Board of Education from approving any waiver of
Section 56364 or Section 56364.2, as applicable, relating to full
inclusion.
(19) Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33, relating to the STAR Program, and any other provisions of
Chapter 5 (commencing with Section 60600) of Part 33 that establish
requirements for the STAR Program.
(b) Any waiver of provisions related to the programs identified in
Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28.
(c) The waiver of an advisory committee required by law shall be
granted only pursuant to Article 4 (commencing with Section 52870) of
Chapter 12 of Part 28.
(d) Any request for a waiver submitted by the governing board of a
school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:
(1) Whether the exclusive representative of employees, if any, as
provided in Chapter 10.7 (commencing with Section 3540) of Division 4
of Title 1 of the Government Code, participated in the development
of the waiver.
(2) The exclusive representative's position regarding the waiver.
(e) Any request for a waiver submitted pursuant to subdivision (a)
relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of
Part 28, that is operated by a joint powers entity established
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 of the Government Code, shall be submitted as a joint waiver
request for each participating school district and shall meet both
of the following conditions:
(1) Each joint waiver request shall comply with all of the
requirements of this article.
(2) The submission of a joint waiver request shall be approved by
a unanimous vote of the governing board of the joint powers agency.
(f) The governing board of any school district requesting a waiver
under this section of any provision of Article 5 (commencing with
Section 39390) of Chapter 3 of Part 23 shall provide written notice
of any public hearing it conducted pursuant to subdivision (a), at
least 30 days prior to the hearing, to each public agency identified
under Section 39394.
SEC. 16. Section 35106 of the Education Code is amended to read:
35106. When a member of the governing board of a school district
which is being reorganized and which will cease to exist takes office
as a member of the initial or interim governing board of a newly
formed school district, he or she shall cease to be a member of the
governing board of the district being reorganized unless he or she
elects to remain a member of that board. If the member does not
elect to remain on the board of the district being reorganized, the
county board of education shall then appoint another person who is
eligible to serve on the governing board of the district being
reorganized to the vacant position for the duration of the existence
of the district being reorganized, but in no case for longer than 12
months.
SEC. 17. Section 35500 of the Education Code is amended to read:
35500. It is the intent of the Legislature to utilize the
organization of districts as they existed on January 1, 1981, and
local educational needs and concerns shall serve as the basis for
future reorganization of districts in each county.
SEC. 18. Section 35704 of the Education Code is amended to read:
35704. The county superintendent of schools, within 30 days after
any petition for reorganization is filed, shall examine the petition
and, if he or she finds it to be sufficient and signed as required
by law, transmit the petition simultaneously to the county committee
and to the State Board of Education.
SEC. 19. Section 35707 of the Education Code is amended to read:
35707. (a) Except for petitions for the transfer of territory,
the county committee shall expeditiously transmit the petition to the
State Board of Education together with its recommendations thereon.
It shall also report whether any of the following, in the opinion of
the committee, would be true regarding the proposed reorganization
as described in the petition:
(1) It would adversely affect the school district organization of
the county.
(2) It would comply with the provisions of Section 35753.
(b) Petitions for transfers of territory shall be transmitted
pursuant to Section 35704.
SEC. 20. Section 35720.5 of the Education Code is amended to read:
35720.5. (a) The county committee shall adopt a tentative
recommendation following which action it shall hold one or more
public hearings in the area proposed for reorganization at least 30
days prior to submission of a final recommendation for unification or
other reorganization to the State Board of Education.
(b) The public hearing required by this section shall be called
when both of the following conditions are met :
(1) Notice is sent to the governing board of each school district
involved at least 10 days before the hearing.
(2) Notice of the hearing is either published in a newspaper of
general circulation or posted in every schoolhouse and at least three
public places in the affected territory, district, or districts.
(c) The notice shall contain information as to the time, place,
and purpose of the hearing.
SEC. 21. Section 35735.3 of the Education Code is repealed.
SEC. 22. Section 35756 of the Education Code is amended to read:
35756. The county superintendent of schools, within 35 days after
receiving the notification provided by Section 35755, shall call an
election, in the manner prescribed in Part 4 (commencing with Section
5000), to be conducted at the next available regular election, in
the territory of districts as determined by the State Board of
Education.
SEC. 23. Section 37220.6 of the Education Code, as added by
Chapter 213 of the Statutes of 2000, is amended to read:
37220.6. (a) There is hereby created the Cesar Chavez Day of
Service and Learning program to promote service to the communities of
California in honor of the life and work of Cesar Chavez. The
program shall be administered by the California Commission on
Improving Life Through Service in collaboration with the California
Conservation Corps.
(b) The California Commission on Improving Life Through Service
may make grants to local and state operated Americorps or
Conservation Corps programs that submit proposals to engage pupils
through their schools and school districts in community service that
qualifies as instructional time on Cesar Chavez Day, pursuant to
Section 37220.5, and that honors the life and work of Cesar Chavez.
The programs shall be created and organized in consultation with
community groups. The Americorps or Conservation Corps programs may
implement or administer the programs in collaboration with community
groups and nonprofit organizations. The proposals shall demonstrate
all of the following:
(1) The ways and extent to which the program will be a
collaborative effort between schools and the Americorps program or
Conservation Corps program.
(2) The ways that the service will be connected to instruction on
the life and work of Cesar Chavez provided on Cesar Chavez Day.
(3) The way in which the service provided will make a meaningful
contribution to the community.
(c) Grants made pursuant to subdivision (b) shall be in the amount
of one dollar ($1) for each participating pupil, or two hundred
fifty dollars ($250) for each school, whichever is greater. The
California Commission on Improving Life Through Service may, at its
discretion, adjust the grant amount to account for school district
size, the size of the project, and the demand on existing funding.
Under no circumstances may the amount granted exceed the amount of
funding appropriated to carry out this section.
(d) In order for the community service performed under this
program to be counted as instructional time, the service shall be
performed under the supervision of a teacher, as defined in
subdivision (a) of Section 46300.
(e) The Superintendent of Public Instruction shall develop or
revise, as needed, a model curriculum on the life and work of Cesar
Chavez and submit the model curriculum to the State Board of
Education for adoption pursuant to subdivision (b) of Section
37220.5. Upon adoption, the Superintendent of Public Instruction
shall distribute the model curriculum to each school.
(f) It is the intent of the Legislature that nothing in this
section, or in the act that adds this section, shall be construed to
impose a mandate on school districts.
(g) For the purposes of this section, "school district" includes
school districts, charter schools, and county offices of education.
SEC. 24. Section 41344 of the Education Code is amended to read:
41344. (a) If, as the result of an audit or review, a local
education agency is required to repay an apportionment significant
audit exception, the Superintendent of Public Instruction and the
Director of Finance, or their designees, within 90 days of the date
on which a local education agency receives the final report of the
audit or review, shall jointly establish a plan for repayment of
state school funds that the local education agency received on the
basis of average daily attendance, or other data, that did not comply
with statutory or regulatory requirements that were conditions of
the apportionments. At the time the local education agency is
notified, the Controller shall also be notified of the repayment
plan. The repayment plan shall be established in accordance with the
following:
(1) The Controller shall withhold the disallowed amount at the
next principal apportionment or pursuant to paragraph (2), unless
subdivision (d) applies, in which case the disallowed amount shall be
withheld, at the next principal apportionment or pursuant to
paragraph (2) following the determination regarding the appeal. In
calculating the disallowed amount, the Controller shall determine the
total amount of overpayment received by the local education agency
on the basis of average daily attendance, or other data, reported by
the local education agency that did not comply with one or more
statutory or regulatory requirements that are conditions of
apportionment.
(2) If the Superintendent of Public Instruction and the Director
of the Department of Finance concur that repayment of the full
liability in the current fiscal year would constitute a severe
financial hardship for the local agency, they may approve a repayment
plan of equal annual payments over a period of up to eight years.
The repayment plan shall include interest on each year's outstanding
balance at the rate earned on the state's short-term pooled
investment fund during that year. The Superintendent of Public
Instruction and the Director of the Department of Finance shall
jointly establish this repayment plan. The Controller shall withhold
amounts pursuant to the repayment plan.
(3) If the Superintendent of Public Instruction and the Director
of the Department of Finance do not jointly establish a schedule for
repayment and notify the State Controller's Office of that repayment
schedule within 90 days following the date on which the local
education agency received the final report of the audit or review,
the State Controller shall withhold the entire disallowed amount
determined pursuant to paragraph (1) at the next principal
apportionment.
(b) For purposes of computing average daily attendance pursuant to
Section 42238.5, a local educational agency's prior fiscal year
average daily attendance shall be reduced by an amount equal to any
average daily attendance disallowed in the current year, by an audit
or review, as defined in subdivision (e).
(c) Notwithstanding any other provision of law, this section may
not be waived under any authority set forth in this code except that
a local educational agency may request a waiver of strict compliance
in accordance with Section 41609.
(d) Within 60 days of the date on which a local education agency
receives a final audit report resulting from an audit or review, a
local agency may appeal a finding contained in the final report to a
panel consisting of the Superintendent of Public Instruction, the
Director of the Department of Finance, and a Chief Administrative
Officer of the Fiscal Crisis and Management Assistance Team
established pursuant to Section 42127.8, or one of their designees.
Within 90 days of the date on which the appeal is received by the
panel, a hearing shall be held at which the local agency may present
evidence or arguments if the local education agency believes that the
final report contains any finding that was based on errors of fact.
A repayment schedule may not commence until the panel reaches a
determination regarding the appeal. If the panel determines that the
local agency is correct in its assertion in whole or in part, the
allowable portion of any
apportionment payment that was withheld shall be paid at the next
principal apportionment.
(e) As used in this section, "audit or review" means an audit
conducted by the Controller's office, an annual audit conducted by a
certified public accountant or a public accountant firm pursuant to
Section 41020, and an audit or review conducted by a governmental
agency that provided the local education agency with an opportunity
to provide a written response.
SEC. 25. Section 41851.12 of the Education Code is amended to
read:
41851.12. For purposes of this article:
(a) "Approved costs of home-to-school transportation" means the
approved home-to-school transportation expense determined pursuant to
the Annual Report of Pupil Transportation as utilized by the State
Department of Education.
(b) "Approved costs of special education transportation" means the
approved special education transportation expense determined
pursuant to the Annual Report of Pupil Transportation as utilized by
the State Department of Education.
SEC. 26. Section 42238 of the Education Code is amended to read:
42238. (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for the current fiscal year shall be
determined by adding to the base revenue limit for the prior fiscal
year the following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount received per unit of
average daily attendance in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(c) Except for districts subject to subdivision (d), the base
revenue limit computed pursuant to subdivision (b) shall be
multiplied by the district average daily attendance computed pursuant
to Section 42238.5.
(d) (1) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is greater
for the current fiscal year than for the 1982-83 fiscal year, compute
the following amount, in lieu of the amount computed pursuant to
subdivision (c):
(A) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed pursuant to
Section 42238.5 for the 1982-83 fiscal year.
(B) Multiply the lesser of the amount in subdivision (c) or 1.05
times the statewide average base revenue limit per unit of average
daily attendance for districts of similar type for the current fiscal
year by the difference between the average daily attendance computed
pursuant to Section 42238.5 for the current and 1982-83 fiscal
years.
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (3) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(f) For the 1984-85 fiscal year only, the county superintendent
shall reduce the total revenue limit computed in this section by the
amount of the decreased employer contributions to the Public
Employees' Retirement System resulting from enactment of Chapter 330
of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
(g) The reduction required by subdivision (f) shall be calculated
as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately prior to the enactment of Chapter 330 of the Statutes of
1982 were in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 were in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for any of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported by funds received pursuant to Section
42243.6.
(C) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by any single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent of Public Instruction with the
approval of the Director of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent of Public
Instruction.
(h) The Superintendent of Public Instruction shall apportion to
each school district the amount determined in this section less the
sum of:
(1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of the Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount of motor vehicle license fees distributed pursuant
to Section 11003.4 of the Revenue and Taxation Code.
(7) The amount, if any, received pursuant to any provision of the
Community Redevelopment Law (Part 1 (commencing with Section 33000)
of Division 24 of the Health and Safety Code), except for any amount
received pursuant to Section 33401 or 33676 of the Health and Safety
Code that is used for land acquisition, facility construction,
reconstruction, or remodeling, or deferred maintenance, except for
any amount received pursuant to Section 33492.15, paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(8) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the State Department of Education pursuant to Section 47633,
multiplied by the average daily attendance, in corresponding grade
level ranges, of any pupils who attend charter schools funded
pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8
for which the district is the sponsoring local educational agency, as
defined in Section 47632, and who reside in and would otherwise have
been eligible to attend a noncharter school of the district.
(i) No transfer of seventh and eighth grade pupils between an
elementary school district and a high school district shall result in
the receiving district receiving a revenue limit apportionment for
those pupils that exceeds 105 percent of the statewide average
revenue limit for the type and size of the receiving school district.
SEC. 26.5. Section 42238 of the Education Code is amended to read:
42238. (a) For the 1984-85 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall determine a
revenue limit for each school district in the county pursuant to this
section.
(b) The base revenue limit for the current fiscal year shall be
determined by adding to the base revenue limit for the prior fiscal
year the following amounts:
(1) The inflation adjustment specified in Section 42238.1.
(2) For the 1995-96 fiscal year, the equalization adjustment
specified in Section 42238.4.
(3) For the 1996-97 fiscal year, the equalization adjustments
specified in Sections 42238.41, 42238.42, and 42238.43.
(4) For the 1985-86 fiscal year, the amount received per unit of
average daily attendance in the 1984-85 fiscal year pursuant to
Section 42238.7.
(5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount
per unit of average daily attendance received in the prior fiscal
year pursuant to Section 42238.8.
(c) Except for districts subject to subdivision (d), the base
revenue limit computed pursuant to subdivision (b) shall be
multiplied by the district average daily attendance computed pursuant
to Section 42238.5.
(d) (1) For districts for which the number of units of average
daily attendance determined pursuant to Section 42238.5 is greater
for the current fiscal year than for the 1982-83 fiscal year, compute
the following amount, in lieu of the amount computed pursuant to
subdivision (c):
(A) Multiply the base revenue limit computed pursuant to
subdivision (c) by the average daily attendance computed pursuant to
Section 42238.5 for the 1982-83 fiscal year.
(B) Multiply the lesser of the amount in subdivision (c) or 1.05
times the statewide average base revenue limit per unit of average
daily attendance for districts of similar type for the current fiscal
year by the difference between the average daily attendance computed
pursuant to Section 42238.5 for the current and 1982-83 fiscal
years.
(C) Add the amounts in subparagraphs (A) and (B).
(2) This subdivision shall become inoperative on July 1, 1998.
(e) For districts electing to compute units of average daily
attendance pursuant to paragraph (3) of subdivision (a) of Section
42238.5, the amount computed pursuant to Article 4 (commencing with
Section 42280) shall be added to the amount computed in subdivision
(c) or (d), as appropriate.
(f) For the 1984-85 fiscal year only, the county superintendent
shall reduce the total revenue limit computed in this section by the
amount of the decreased employer contributions to the Public
Employees' Retirement System resulting from enactment of Chapter 330
of the Statutes of 1982, offset by any increase in those
contributions, as of the 1983-84 fiscal year, resulting from
subsequent changes in employer contribution rates.
(g) The reduction required by subdivision (f) shall be calculated
as follows:
(1) Determine the amount of employer contributions that would have
been made in the 1983-84 fiscal year if the applicable Public
Employees' Retirement System employer contribution rate in effect
immediately prior to the enactment of Chapter 330 of the Statutes of
1982 were in effect during the 1983-84 fiscal year.
(2) Subtract from the amount determined in paragraph (1) the
greater of subparagraph (A) or (B):
(A) The amount of employer contributions that would have been made
in the 1983-84 fiscal year if the applicable Public Employees'
Retirement System employer contribution rate in effect immediately
after the enactment of Chapter 330 of the Statutes of 1982 were in
effect during the 1983-84 fiscal year.
(B) The actual amount of employer contributions made to the Public
Employees' Retirement System in the 1983-84 fiscal year.
(3) For purposes of this subdivision, employer contributions to
the Public Employees' Retirement System for any of the following
shall be excluded from the calculation specified above:
(A) Positions supported totally by federal funds that were subject
to supplanting restrictions.
(B) Positions supported by funds received pursuant to Section
42243.6.
(C) Positions supported, to the extent of employer contributions
not exceeding twenty-five thousand dollars ($25,000) by any single
educational agency, from a revenue source determined on the basis of
equity to be properly excludable from the provisions of this
subdivision by the Superintendent of Public Instruction with the
approval of the Director of Finance.
(4) For accounting purposes, the reduction made by this
subdivision may be reflected as an expenditure from appropriate
sources of revenue as directed by the Superintendent of Public
Instruction.
(h) The Superintendent of Public Instruction shall apportion to
each school district the amount determined in this section less the
sum of:
(1) The district's property tax revenue received pursuant to
Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with
Section 95) of Part 0.5 of the Revenue and Taxation Code.
(2) The amount, if any, received pursuant to Part 18.5 (commencing
with Section 38101) of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing
with Section 16140) of the Government Code.
(4) Prior years' taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section
41603.
(6) The amount of motor vehicle license fees distributed pursuant
to Section 11003.4 of the Revenue and Taxation Code.
(7) The amount, if any, received pursuant to any provision of the
Community Redevelopment Law (Part 1 (commencing with Section 33000)
of Division 24 of the Health and Safety Code), except for any amount
received pursuant to Section 33401 or 33676 of the Health and Safety
Code that is used for land acquisition, facility construction,
reconstruction, or remodeling, or major maintenance, except for any
amount received pursuant to Section 33492.15, paragraph (4) of
subdivision (a) of Section 33607.5, or Section 33607.7 of the Health
and Safety Code that is allocated exclusively for educational
facilities.
(8) For a unified school district, other than a unified school
district that has converted all of its schools to charter status
pursuant to Section 47606, the amount of statewide average
general-purpose funding per unit of average daily attendance received
by school districts for each of four grade level ranges, as computed
by the State Department of Education pursuant to Section 47633,
multiplied by the average daily attendance, in corresponding grade
level ranges, of any pupils who attend charter schools funded
pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8
for which the district is the sponsoring local educational agency, as
defined in Section 47632, and who reside in and would otherwise have
been eligible to attend a noncharter school of the district.
(i) No transfer of seventh and eighth grade pupils between an
elementary school district and a high school district shall result in
the receiving district receiving a revenue limit apportionment for
those pupils that exceeds 105 percent of the statewide average
revenue limit for the type and size of the receiving school district.
SEC. 27. Section 42239 of the Education Code, as added by Chapter
72 of the Statutes of 2000, is amended to read:
42239. For the 2000-01 fiscal year, and each fiscal year
thereafter, the Superintendent of Public Instruction shall compute
funding for supplemental instruction for each school district or
charter school in the following manner:
(a) Multiply the number of pupil hours of supplemental instruction
claimed pursuant to Sections 37252, 37252.2, and 37252.5 by the
pupil hour allowance specified in subdivision (c), or by a pupil hour
allowance specified in the annual Budget Act in lieu of the amount
computed in subdivision (c).
(b) Multiply the number of pupil hours of supplemental instruction
claimed pursuant to Sections 37252.6, 37252.8, and 37253 by the
pupil hour allowance specified in subdivision (c), or by a per-pupil
hour allowance specified in the annual Budget Act in lieu of the
amount computed in subdivision (c). The total number of pupil hours
of supplemental instruction that may be claimed pursuant to Section
37253 may not exceed the limits on pupil hours that may be claimed as
established by subdivisions (c) and (d) of Section 37253. The total
number of pupil hours of supplemental instruction that may be
claimed pursuant to Section 37252.6 may not exceed the limits on
pupil hours that may be claimed as established in subdivision (g) of
that section.
(c) Commencing with the 2000-01 fiscal year, hours of supplemental
instruction shall be reimbursed at a rate of three dollars and 25
cents ($3.25) per pupil hour, adjusted in future years as specified
in this section, provided that a different reimbursement rate may be
specified for each fiscal year in the annual Budget Act that
appropriates funding for that fiscal year. This amount shall be
increased annually by the percentage increase pursuant to subdivision
(b) of Section 42238.1 granted to school districts or charter
schools for base revenue limit cost-of-living increases.
(d) (1) If appropriated funding is insufficient to pay all claims
made in any fiscal year pursuant to Section 37252, 37252.2, or
37252.5, the superintendent shall use any available funding
appropriated for the purposes of reimbursing school districts
pursuant to Section 37252, 37252.2, 37252.5, or subdivision (d) of
Section 37253.
(2) If appropriated funding is still insufficient to pay all
claims made in any fiscal year pursuant to Section 37252, 37252.2, or
37252.5, the superintendent shall use any available funding
appropriated for the purposes of reimbursing school districts for
supplemental instruction in the prior fiscal year.
(3) If appropriated funding is still insufficient to pay all
claims made in any fiscal year pursuant to Section 37252, 37252.2, or
37252.5, the superintendent shall use any available funding
appropriated for the purposes of reimbursing school districts for
supplemental instruction in the current fiscal year.
(4) The superintendent shall notify the Director of Finance that
there is a deficiency of funding appropriated for the purposes of
Sections 37252, 37252.2, and 37252.5 only after the superintendent
has exhausted all available balances of appropriations made for the
current or prior fiscal years for the reimbursement of school
districts for supplemental instruction.
(e) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
SEC. 28. Section 42239.2 of the Education Code, as amended by
Chapter 72 of the Statutes of 2000, is amended to read:
42239.2. (a) The Superintendent of Public Instruction shall
allocate a minimum of six thousand seven hundred sixty-six dollars
($6,766) for supplemental summer school programs established pursuant
to Article 1 (commencing with Section 53025) of Chapter 16 of Part
28, from funds appropriated therefor in each school district for
which the prior fiscal year enrollment was less than 500 and that
offers at least 1,500 hours of supplemental summer school
instruction. A school district for which the prior fiscal year
enrollment was less than 500 that offers less than 1,500 hours of
supplemental summer school offerings shall receive a proportionately
reduced allocation.
(b) Minimum allocations for supplemental summer school programs
required pursuant to subdivision (a) shall be adjusted for inflation
in the 2000-01 fiscal year, and each fiscal year thereafter, in
accordance with Section 42238.1.
(c) For purposes of this section a charter school is a schoolsite
and is not a school district.
(d) Notwithstanding any other provision of law, neither the State
Board of Education nor the Superintendent of Public Instruction may
waive any provision of this section.
SEC. 29. Section 42261 of the Education Code is amended to read:
42261. Commencing in the 1990-91 fiscal year, a school district
may apply for a year-round school grant pursuant to this article, if
the school district demonstrates to the Superintendent of Public
Instruction all of the following:
(a) There is substantial overcrowding in the school district or
its high school attendance areas, as demonstrated by current
enrollment, capacity of facilities, and growth projections.
(b) The school district will use the grant to implement or operate
multitrack year-round educational programs in one or more of its
schools in order to increase the capacity of its facilities.
(c) The school district would be eligible to construct new
facilities under Chapter 12.5 (commencing with Section 17070.10) of
Part 10 absent the use of multitrack year-round educational programs.
SEC. 30. Section 42263 of the Education Code is amended to read:
42263. (a) Commencing in the 1990-91 fiscal year, year-round
school grants, in addition to those grants authorized under Section
42262, shall be awarded annually for the operation of multitrack
year-round education programs to school districts that meet the
criteria specified in this section, in addition to the criteria
otherwise applicable under this article.
(b) For each fiscal year, for each schoolsite for which a school
district applies for funding under this article, the district shall
certify the number of pupils in excess of the capacity of the
schoolsite, as determined by State Allocation Board or court-mandated
pupil loading standards, for which the district elects to claim
funding under this article. The excess pupil capacity calculated for
purposes of this subdivision shall reflect only the additional
capacity that has been generated as a result of operation on a
multitrack year-round basis, and shall not reflect increased capacity
generated by any other means. A school district shall be eligible
for funding under this section only as to any schoolsite for which
the pupil population certified by the district exceeds the capacity
of the schoolsite by not less than 5 percent.
(c) To the extent funding is made available for the purposes of
this section, the Superintendent of Public Instruction shall allocate
to an applicant school district, for each schoolsite that qualifies
for funding under subdivision (b), an amount equal to the district's
share of the product of the statewide average cost avoided per pupil,
as established under subdivision (e), and the number of pupils
certified by the district under subdivision (b). For purposes of
this subdivision, a district's share shall be determined according to
the percentage by which the number of certified pupils reflects an
increase in the capacity of the schoolsite, as follows:
District's Share
1. Less than 5% 0%
2. Equal to or greater than 5%
but less than 10% 50%
3. Equal to or greater than 10%
but less than 15% 67%
4. Equal to or greater than 15%
but less than 20% 75%
5. Equal to or greater than 20%
but less than 25% 85%
6. Equal to or greater than 25% 90%
(d) (1) The State Allocation Board shall calculate the statewide
average cost avoided per pupil under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 through the operation of school
facilities on a multitrack year-round basis, based on the following
school facilities cost components:
(A) The cost of facilities construction.
(B) The cost of land acquisition.
(C) Relocation costs in connection with land acquisition.
(D) State costs incurred as a result of interest that would be
paid by the state for debt service on state general obligation bond
financing to construct new school facilities under Chapter 12.5
(commencing with Section 17070.10) of Part 10.
(2) The calculation of costs under subparagraphs (B) and (C) of
paragraph (1) shall exclude data from the lowest quartile and the
highest quartile.
(3) The State Allocation Board shall calculate the statewide
average cost avoided per pupil, pursuant to this subdivision, on the
basis of the 1990-91 and 1991-92 fiscal years and every two-year
period thereafter. No later than December 1, 1992, and biennially
thereafter, the board shall report to the Legislature the result of
its calculation for the prior two-year period.
(e) For the 1990-91 and 1991-92 fiscal years, the "statewide
average cost avoided per pupil," for purposes of this section, shall
be one thousand one hundred fifty-one dollars ($1,151). For the
1992-93 fiscal year, and each fiscal year thereafter, the "statewide
average cost avoided per pupil" shall be established by the statute
that appropriates funding for the purposes of this section for that
fiscal year.
SEC. 31. Section 42267 of the Education Code is amended to read:
42267. (a) Each school district that receives funding for a
schoolsite pursuant to Section 42263 for any fiscal year shall report
to the Superintendent of Public Instruction, no later than June 30
of that fiscal year, the number of pupils enrolled for the schoolsite
in excess of the capacity of the schoolsite, as determined by State
Allocation Board or court-mandated pupil loading standards.
(b) The amount of funding otherwise calculated for a schoolsite
for any fiscal year pursuant to Section 42263 shall be reduced by the
superintendent to reflect the extent to which the number of pupils
estimated for that schoolsite for the prior fiscal year is greater
than the number of pupils certified in excess of the capacity of the
schoolsite for that prior fiscal year. If the amount of that
reduction exceeds the funding entitlement for that schoolsite for the
current fiscal year, the superintendent shall reduce the first
principal apportionment to that school district in the current fiscal
year by the amount of that excess.
(c) If the number of pupils estimated for a schoolsite for the
prior fiscal year is less than the number of pupils certified in
excess of the capacity of
the schoolsite for that prior fiscal year, the school district may
elect to increase accordingly the number of pupils it subsequently
claims for the prior fiscal year. In that event, the superintendent
shall increase the district's funding entitlement under Section 42263
for the schoolsite for the current fiscal year, and the district's
building area eligibility under Chapter 12.5 (commencing with Section
17070.10) of Part 10 shall be reduced accordingly pursuant to
Section 17746.8.
SEC. 32. Section 44689.5 of the Education Code is repealed.
SEC. 33. Section 45023.1 of the Education Code, as added by
Chapter 69 of the Statutes of 2000, is amended to read:
45023.1. (a) Commencing with the 2000-01 fiscal year, the
governing board of a school district, the county superintendent of
schools, or the county board of education may increase, for teachers
meeting the requirements prescribed by this section, the salary on
its adopted certificated employee salary schedule as provided in
subdivision (b). For purposes of this section, any teacher for whom
the governing board, county superintendent of schools, or county
board of education may increase salaries shall meet all of the
following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern certificate or credential, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid through the general fund of the district
or county office.
(b) The governing board, county superintendent of schools, or
county board of education that increases its salaries pursuant to
subdivision (a) shall perform the following computations:
(1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting the criteria in
subdivision (a) an amount that is at least an annual salary of
thirty-four thousand dollars ($34,000) in the 2000-01 fiscal year.
(2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule for
the 1999-2000 fiscal year was less than the amount computed in
paragraph (1) and, notwithstanding Section 45028, shall incorporate
that increase into the salary schedule commencing with the 2000-01
fiscal year.
(c) Each school district or county office of education that
increases its beginning teacher annual minimum salary to thirty-four
thousand dollars ($34,000) pursuant to subdivision (b) shall elect,
except as provided in subdivision (j), to receive reimbursement for
the cost of the increase pursuant to only one of the following two
options:
(1) Option One:
(A) In fiscal year 2000-01, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option One shall receive an amount equal to six
dollars ($6) times the district's or county office's second
principal apportionment average daily attendance for the 1999-2000
fiscal year, excluding attendance in adult education programs and
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(B) Divide the amount received from the state pursuant to
subparagraph (A) for the 2000-01 fiscal year by the school district
or county office of education second principal apportionment average
daily attendance for the 1999-2000 fiscal year, excluding attendance
in adult education programs and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8.
(C) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent of Public Instruction shall sum
the results of paragraphs (i) and (ii) and add that figure to the
total school district revenue limit computed pursuant to Section
42238:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(D) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent of Public Instruction shall add
the sum of paragraphs (i) and (ii) to the county office of education
revenue limit computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(E) The school district, county superintendent of schools, or
county office of education shall utilize these incentive funds not
only to meet the new beginning teacher annual minimum salary of
thirty-four thousand dollars ($34,000), but may also use the funds to
generally enhance teachers' salaries in order to achieve the goals
of retention of qualified, competent, and experienced teachers and
the attainment of a reasonable salary commensurate with a teacher's
experience, education, and responsibilities.
(2) Option Two: A school district, county superintendent of
schools, or county office of education may submit a request to the
Superintendent of Public Instruction, on a form supplied by the
Superintendent of Public Instruction, for state funding computed as
follows:
(A) Total the salaries of all certificated employees receiving
increased salaries up to a maximum of thirty-four thousand dollars
($34,000) per person pursuant to subdivision (b) for the 2000-01
fiscal year.
(B) Total all salaries, based on the salary schedule for the
2000-01 fiscal year before the increase made pursuant to subdivision
(b), of all certificated employees receiving increased salaries
pursuant to subdivision (b).
(C) Subtract the amount in subparagraph (B) from the amount in
subparagraph (A).
(D) Multiply the amount in subparagraph (C) by the district's
statutory benefit rates.
(E) For the 2000-01 fiscal year, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option Two shall receive the sum of paragraphs
(C) and (D).
(F) Divide the sum of the amounts received pursuant to paragraphs
(C) and (D) for the 2000-01 fiscal year by the school district and
county office of education average daily attendance for the second
principal apportionment for the 2000-01 fiscal year, excluding
attendance in adult education programs and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
(G) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent of Public Instruction shall sum
the results of paragraphs (i) and (ii) and add that figure to the
total school district revenue limit computed pursuant to Section
42238:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(H) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent of Public Instruction shall add
the sum of paragraphs (i) and (ii) to the county office of education
revenue limit computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year excluding attendance in regional occupational
centers/programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year in regional occupational centers/programs excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8.
(d) Any state funds received pursuant to this section and not used
pursuant to the conditions of this section shall be returned to the
state.
(e) If the funds requested by the school districts, the county
superintendents of schools, and the county offices of education for
the 2000-01 fiscal year exceed the state appropriation for this
section, the Superintendent of Public Instruction shall reduce all
requests by the application of a single, common percentage factor for
apportionment purposes, so as not to exceed the amount appropriated
for this purpose.
(f) A school district or county office of education shall receive
reimbursement pursuant to subdivision (c) only. However, this
section does not prohibit a school district and its employees from
negotiating salary schedules.
(g) The adjustments to school district and county office of
education revenue limits prescribed in subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall continue so
long as the increase in the salary schedule made pursuant to
paragraph (2) of subdivision (b) or subdivision (i) is maintained.
(h) The Superintendent of Public Instruction shall issue
appropriate forms to school districts and county offices of education
no later than September 1, 2000. School districts, county
superintendents of schools, or county offices of education shall
notify the Superintendent of Public Instruction no later than
December 31, 2000, regarding which option they wish to exercise for
the 2000-01 fiscal year. School districts, county superintendents of
schools, or county offices of education shall file their claim form
for state funds with the Superintendent of Public Instruction no
later than March 1, 2001.
(i) Adjustments made to school district or county office of
education revenue limits pursuant to subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments or determining other
wealth-related differences in school funding.
(j) Notwithstanding subdivision (c), a school district or county
office of education that already has as the annual minimum salary for
beginning teachers who meet the criteria in subdivision (a) in an
amount equal to or greater than thirty-four thousand dollars
($34,000) shall be eligible to receive reimbursement pursuant to
Option One.
SEC. 34. Section 47636 of the Education Code is amended to read:
47636. (a) This chapter may not be construed to prevent charter
schools from applying for, or receiving, operational funding under
state or federal categorical programs, the funding of which is not
included in the computation of the block grant entitlement. Unless
specifically prohibited, a charter school shall only apply for
federal or state categorical programs as follows:
(1) A charter school that elects to receive its funding directly,
pursuant to Section 47651, may apply for federal and state
categorical programs individually. Except as otherwise provided in
this chapter, for purposes of determining eligibility for, and
allocations of federal or state categorical aid, a charter school
that applies individually shall be deemed to be a school district.
(2) A charter school that does not elect to receive its funding
directly may apply for federal and state categorical programs in
cooperation with its authorizing local educational agency.
(b) This chapter may not be construed to prevent a charter school
from negotiating with a local educational agency for a share of
operational funding from sources not otherwise set forth in this
chapter including, but not limited to, all of the following:
(1) Forest reserve revenues and other operational revenues
received due to harvesting or extraction of minerals or other natural
resources.
(2) Sales and use taxes, to the extent that the associated
revenues are available for noncapital expenses of public schools.
(3) Parcel taxes, to the extent that the associated revenues are
available for noncapital expenses of public schools.
(4) Ad valorem property taxes received by a school district which
exceed its revenue limit entitlement.
(5) "Basic aid" received by a school district pursuant to Section
6 of Article IX of the California Constitution.
SEC. 35. Section 48209.9 of the Education Code is amended to read:
48209.9. (a) Commencing January 1, 1994, any application for
transfer under this article shall be submitted by the pupil's parent
or guardian to the school district of choice that has elected to
accept transfer pupils pursuant to Section 48209.1 prior to January 1
of the school year preceding the school year for which the pupil is
to be transferred. This application deadline may be waived upon
agreement of the pupil's school district of residence and the school
district of choice.
(b) The application shall be submitted on a form provided for this
purpose by the State Department of Education and may request
enrollment of the pupil in a specific school or program of the
district.
(c) Not later than 90 days after the receipt by a school district
of an application for transfer, the governing board of the district
shall notify the parent or guardian in writing whether the
application has been provisionally accepted or rejected or of the
pupil's position on any waiting list. Final acceptance or rejection
shall be made by May 15 preceding the school year for which the pupil
is to be transferred. In the event of an acceptance, that notice
shall be provided also to the school district of residence. If the
application is rejected, the district governing board shall set forth
in the written notification to the parent or guardian the specific
reason or reasons for that determination, and shall ensure that the
determination, and the specific reason or reasons therefor, are
accurately recorded in the minutes of the board meeting in which the
determination was made.
(d) The parent or guardian of a pupil who is prohibited from
transferring pursuant to either subdivision (b) of Section 48209.1 or
Section 48209.7 may appeal the decision to the county board of
education.
(e) Final acceptance of the transfer is applicable for one school
year and will be renewed automatically each year unless the school
district of choice through the adoption of a resolution withdraws
from participation in the program and no longer will accept any
transfer pupils from other districts. However, if a school district
of choice withdraws from participation in the program, high school
pupils admitted under this article may continue until they graduate
from high school.
SEC. 36. Section 48664 of the Education Code, as amended by
Chapter 71 of the Statutes of 2000, is amended to read:
48664. (a) (1) In addition to funds from all other sources, the
Superintendent of Public Instruction shall apportion to each school
district that operates a community day school four thousand dollars
($4,000) per year, and for each county office of education that
operates a community day school three thousand dollars ($3,000) per
year, for each unit of average daily attendance reported at the
annual apportionment for pupil attendance at community day schools,
adjusted annually commencing with the 1999-2000 fiscal year for the
inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1. Average daily attendance reported for this program
shall not exceed 0.375 percent of a district's prior year P2 average
daily attendance in an elementary school district, 0.5 percent of a
district's prior year P2 average daily attendance in a unified school
district, or 0.625 percent of a district's prior year P2 average
daily attendance in a high school district. The units of average
daily attendance of a community day school operated by a county
office of education shall not exceed the unused units of average
daily attendance of the community day schools operated by the school
districts within the jurisdiction of that county office of education.
(2) The Superintendent of Public Instruction may reallocate to any
school district any unexpended balance of the appropriations made
for the purposes of this subdivision for actual pupil attendance in
excess of the percentage specified in this subdivision for the school
district in an amount not to exceed one-half of that percentage.
However, the average daily attendance generated by pupils expelled
pursuant to subdivision (d) of Section 48915, shall not be subject to
these percentage caps on average daily attendance.
(b) The average daily attendance of a community day school shall
be determined by dividing the total number of days of attendance in
all full school months, by a divisor of 70 in the first period of
each fiscal year, by a divisor of 135 in the second period of each
fiscal year, and by a divisor of 180 at the annual time of each
fiscal year.
(c) The Superintendent of Public Instruction shall apportion to
each school district that operates a community day school an amount
equal to four dollars ($4), adjusted annually commencing with the
1999-2000 fiscal year for inflation pursuant to subdivision (b) of
Section 42238.1, multiplied by the total of the number of hours each
schoolday, up to a maximum of two hours daily, that each community
day school pupil remains at the community day school under the
supervision of an employee of the school district, or a consortium of
school districts pursuant to Section 48916.1, reporting the
attendance of the pupils for apportionment funding following
completion of the full six-hour instructional day.
(d) It is the intent of the Legislature that districts enter into
consortia, as feasible, for the purpose of providing community day
school programs. Any school district with fewer than 2,501 units of
average daily attendance may request a waiver for any fiscal year of
the funding limitations set forth in this section. The
Superintendent of Public Instruction shall approve a waiver if he or
she deems it necessary in order to permit the operation of a
community day school of reasonably comparable quality to those
offered in a school district with 2,501 or more units of average
daily attendance. In no event shall the amount allocated pursuant to
a waiver exceed the amount provided for one teacher pursuant to
Section 42284, for pupils enrolled in kindergarten and grades 1 to 6,
inclusive, or the amount provided for one teacher pursuant to
Section 42284, for pupils enrolled in grades 7 to 12, inclusive. The
provisions of this act shall not apply to any school district that
applied for a waiver within the funding limits established by this
subdivision but was denied funding or not fully funded.
(e) The State Department of Education shall evaluate and report to
the appropriate legislative policy committees and budget committees
on or before October 1, 1998, and for two years thereafter the
following programmatic and fiscal issues:
(1) The number of expulsions statewide.
(2) The number of school districts operating community day
schools.
(3) Status of the countywide plans as defined in Section 48926.
(4) An evaluation of the community day school average daily
attendance funding percentage cap.
(5) Number of small school districts requesting and the number
receiving a waiver under this section.
(6) The effect of hourly accounting under Section 48663 for
purposes of receiving the additional funding under Section 48664.
(7) The number of pupils and average daily attendance served in
community day programs, further identified as the number expelled
pursuant to subdivision (b) of Section 48915, subdivision (d) of
Section 48915, other expulsion criteria, or referred through a formal
district process.
(8) Pupil outcome data and other data as required under Section
48916.1.
(9) Other programmatic or fiscal matters as determined by the
State Department of Education.
(f) The additional funds provided in subdivisions (a) (c), and (d)
shall only be allocated to the extent that funds are appropriated
for this purpose in the annual Budget Act or other legislation, or
both, except for pupils expelled pursuant to subdivision (d) of
Section 48915. For pupils expelled pursuant to subdivision (d) of
Section 48915, the funds apportioned under subdivision (a) are
continuously appropriated from the General Fund to Section A of the
State School Fund.
(g) A one-time adjustment shall be made to the amount specified in
subdivision (a), for the 1998-99 fiscal year and subsequent fiscal
years, by increasing that amount by the statewide average quotient
resulting from dividing the average daily attendance specified in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
42238.8 by the amount specified in subparagraph (C) of paragraph (3)
of subdivision (a) of Section 42238.8.
SEC. 37. Section 49581 of the Education Code is repealed.
SEC. 38. Section 51220 of the Education Code is amended to read:
51220. The adopted course of study for grades 7 to 12, inclusive,
shall offer courses in the following areas of study:
(a) English, including knowledge of and appreciation for
literature, language, and composition, and the skills of reading,
listening, and speaking.
(b) Social sciences, drawing upon the disciplines of anthropology,
economics, geography, history, political science, psychology, and
sociology, designed to fit the maturity of the pupils. Instruction
shall provide a foundation for understanding the history, resources,
development, and government of California and the United States of
America; instruction in our American legal system, the operation of
the juvenile and adult criminal justice systems, and the rights and
duties of citizens under the criminal and civil law and the State and
Federal Constitutions; the development of the American economic
system, including the role of the entrepreneur and labor; the
relations of persons to their human and natural environment; eastern
and western cultures and civilizations; human rights issues, with
particular attention to the study of the inhumanity of genocide,
slavery, and the Holocaust, and contemporary issues.
(c) Foreign language or languages, beginning not later than grade
7, designed to develop a facility for understanding, speaking,
reading, and writing the particular language.
(d) Physical education, with emphasis given to physical activities
that are conducive to health and to vigor of body and mind.
(e) Science, including the physical and biological aspects, with
emphasis on basic concepts, theories, and processes of scientific
investigation and on the place of humans in ecological systems, and
with appropriate applications of the interrelation and
interdependence of the sciences.
(f) Mathematics, including instruction designed to develop
mathematical understandings, operational skills, and insight into
problem-solving procedures.
(g) Visual and performing arts, including art, music, or drama,
with emphasis upon development of aesthetic appreciation and the
skills of creative expression.
(h) Applied arts, including instruction in the areas of consumer
and homemaking education, industrial arts, general business
education, or general agriculture.
(i) Career technical education designed and conducted for the
purpose of preparing youth for gainful employment in the occupations
and in the numbers that are appropriate to the personnel needs of the
state and the community served and relevant to the career desires
and needs of the pupils.
(j) Automobile driver education, designed to develop a knowledge
of the provisions of the Vehicle Code and other laws of this state
relating to the operation of motor vehicles, a proper acceptance of
personal responsibility in traffic, a true appreciation of the
causes, seriousness and consequences of traffic accidents, and to
develop the knowledge and attitudes necessary for the safe operation
of motor vehicles. A course in automobile driver education shall
include education in the safe operation of motorcycles.
(k) Other studies as may be prescribed by the governing board.
SEC. 39. Section 51224 of the Education Code is amended to read:
51224. The governing board of any school district maintaining a
high school shall prescribe courses of study designed to provide the
skills and knowledge required for adult life for pupils attending the
schools within its school district. The governing board shall
prescribe separate courses of study, including, but not limited to, a
course of study designed to prepare prospective pupils for admission
to state colleges and universities and a course of study for career
technical training.
SEC. 40. Section 51225.3 of the Education Code is amended to read:
51225.3. (a) Commencing with the 1988-89 school year, no pupil
shall receive a diploma of graduation from high school who, while in
grades 9 to 12, inclusive, has not completed all of the following:
(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified.
(A) Three courses in English.
(B) Two courses in mathematics.
(C) Two courses in science, including biological and physical
sciences.
(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics, and a
one-semester course in economics.
(E) One course in visual or performing arts or foreign language.
For the purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be deemed a
course in foreign language.
(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.
(2) Other coursework as the governing board of the school district
may by rule specify.
(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study which may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience, career
technical education classes offered in high schools, courses offered
by regional occupational centers or programs, interdisciplinary
study, independent study, and credit earned at a postsecondary
institution. Requirements for graduation and specified alternative
modes for completing the prescribed course of study shall be made
available to pupils, parents, and the public.
SEC. 41. Section 51225.4 of the Education Code is amended to read:
51225.4. The governing board of each elementary school district
shall certify to the Superintendent of Public Instruction that it has
adopted a policy to implement a course of instruction that
sufficiently prepares the pupils in the district for the course of
study required in Section 51225.3. This certification shall be
submitted to the superintendent at the same time the district submits
its apportionment reports.
SEC. 42. Section 51226 of the Education Code is amended to read:
51226. The Superintendent of Public Instruction shall coordinate
the development, on a cyclical basis, of model curriculum standards
for the course of study required by Section 51225.3 and for a career
technical education course of study necessary to assist school
districts with complying with subdivision (b) of Section 51228. The
superintendent shall set forth these standards in terms of a wide
range of specific competencies, including higher level skills, in
each academic subject area. The superintendent shall review
currently available textbooks in conjunction with the curriculum
standards. The superintendent shall seek the advice of classroom
teachers, school administrators, parents, postsecondary educators,
and representatives of business and industry in developing these
curriculum standards. The superintendent shall recommend policies to
the State Board of Education for consideration and adoption by the
board. The State Board of Education shall adopt these policies no
later than January 1, 1985. However, neither the superintendent nor
the board shall adopt rules or regulations for course content or
methods of instruction.
The superintendent shall, to the extent applicable, incorporate
the integration of career technical and academic education into the
development of curriculum standards for career technical education
courses. The standards for a career technical education course of
study shall be adopted no later than May 1, 1991.
SEC. 43. Section 51412 of the Education Code is amended to read:
51412. No diploma, certificate or other document, except
transcripts and letters of recommendation, shall be conferred on a
pupil as evidence of completion of a prescribed course of study or
training, or of satisfactory attendance, unless the pupil has met the
standards of proficiency in basic skills prescribed by the
governing board of the high school district, or equivalent thereof.
SEC. 44. Section 52270 of the Education Code, as added by Chapter
78 of the Statutes of 2000, is amended to read:
52270. The Education Technology Grant Program is hereby
established to provide one-time grants to school districts and
charter schools for purposes of acquiring computers for instructional
purposes at public schools. The Office of the Secretary for
Education shall administer the application process for the award of
grants.
(a) The first priority for the use of the funds is to ensure that
high school pupils in schools offering three or fewer advanced
placement courses have access to advanced placement courses online.
Grants awarded for the first priority may be expended to purchase or
lease computers and related equipment and for wiring or
infrastructure necessary to achieve connectivity to on-line advanced
placement courses.
(b) The second priority for the use of the funds is to increase
the number of computers available to all other public schools that
offer instruction in kindergarten or any of grades 1 to 12,
inclusive. Grants awarded for the purposes of the second priority
shall be awarded at the school district level and shall be based on a
ratio of pupils per computer, as determined by the Office of the
Secretary for Education. A school district that receives a grant
shall award the funds to its schools that have the highest number of
pupils per computer. Each education technology grant awarded based
on the second priority shall only be used for the purchase or lease
of computers including system configuration, software, and
instructional material. The grant amount awarded to each school
district or charter school for the second priority shall be
determined by the Office of the Secretary for Education.
(c) All funds awarded pursuant to this section shall be used
solely to purchase or lease equipment and related materials for
instructional purposes and limited to classroom, library, or
technology and media centers in order to provide access to on-line
advanced placement courses for pupil and increase the number of
computers per pupil. These grant funds are to supplement, not
supplant, existing local, state, and federal education technology
funds, including Digital High School funds.
(d) To receive a grant pursuant to this section, school districts
and charter schools shall have developed an education technology plan
or shall develop a plan with the assistance of the California
Technology Assistance Project specifically for the use of the funds
available pursuant to this section within 90 days after submission of
the application for a grant pursuant to this chapter. The plan
shall address the use of these and other technology funds to ensure
they are used effectively and in a manner consistent with other
education technology available at the schoolsite. School districts
and charter schools that choose to lease equipment shall include in
their technology plan a payment schedule and shall identify the
funding source or sources for lease payments over the life of the
lease, including, but not limited to, establishing a technology
leasing account and amortizing the available state funding over the
term of the lease, if appropriate. In addition, the term of the
lease shall be no longer than four years unless authorized at local
discretion, in which case the lease or purchase shall be funded at
local expense. A school district or charter school with an existing
certified or approved education technology plan developed pursuant to
other provisions of law may utilize the existing plan for the
purposes of this program but shall, if necessary, amend that plan to
meet the requirements of this subdivision if the school district or
charter school chooses to lease the computers.
(e) School districts and charter schools may purchase or lease
computers, related equipment and materials, and other goods and
services using any statewide or cooperative contracts, schedules, or
other agreements, established by the Department of General Services.
(f) Funding for the purposes of this section is contingent on an
appropriation made in the annual Budget Act or other legislation, or
both.
(g) Funds appropriated to carry out this section in the 2000-01
fiscal year shall only be available to high schools, or charter
schools, that serve any of grades 9 to 12, inclusive.
(h) The Secretary for Education may adopt emergency regulations
governing the method of allocating funds for the Education Technology
Grant Program for the 2000-01 fiscal year.
SEC. 45. The heading of Chapter 9 (commencing with Section 52300)
of Part 28 of the Education Code is amended to read:
CHAPTER 9. CAREER TECHNICAL EDUCATION
SEC. 46. Section 52300 of the Education Code is amended to read:
52300. In enacting this article, it is the intent of the
Legislature to provide qualified students with the opportunity to
attend a technical school or enroll in a career technical or
technical training program, regardless of the geographical location
of their residence in a county or region. The Legislature hereby
declares that a regional occupational center will serve the state and
national interests in providing career technical and technical
education to prepare students for an increasingly technological
society in which generalized training and skills are insufficient to
prepare high school students and graduates, and out-of-school youth
and adults for the many employment opportunities which require
special or technical training and skills. The Legislature also
declares that regional occupational centers will enable a broader
curriculum in technical subjects to be offered, and will avoid
unnecessary duplication of courses and expensive training equipment,
and will provide a flexibility in operation which will facilitate
rapid program adjustments and meeting changing training needs as they
arise.
It is recognized by the Legislature that career technical programs
may achieve great flexibility of planning, scope and operation by
the conduct of these programs in a variety of physical facilities at
various training locations.
It is the further intent of the Legislature that regional
occupational centers and programs provide career technical and
occupational instruction related to the attainment of skills so that
trainees are prepared for gainful employment in the area for which
training was provided, or are upgraded so they have the higher level
skills required because of new and changing technologies or so that
they are prepared for enrollment in more advanced training programs.
SEC. 47. Section 52301 of the Education Code is amended to read:
52301. (a) The county superintendent of schools of each county,
with the consent of the State Board of Education, may establish and
maintain, or with one or more counties may establish and maintain, at
least one regional occupational center, or regional occupational
program, in the county to provide education and training in career
technical courses. The governing boards of any school districts
maintaining high schools in the county may, with the consent of the
State Board of Education and of the county superintendent of schools,
cooperate in the establishment and maintenance of a regional
occupational center or program, except that if a school district also
maintains 500 or more schools, its governing board may establish and
maintain one or more regional occupational centers or programs,
without those restrictions. A regional occupational center or
program may be established by two or more school districts
maintaining high schools through the use of the staff and facilities
of a community college or community colleges serving the same
geographic area as the school districts maintaining the high schools,
with the consent of the State Board of Education and the county
superintendent of schools.
The establishment and maintenance of a regional occupational
center or program, by two or more school districts may be undertaken
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code. In a regional
occupational center or program, the functions of the county auditor
undertaken pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code shall be
performed by the county superintendent of schools in a county in
which the board of supervisors has transferred educational functions
from the county auditor to the county superintendent of schools
pursuant to Sections 42649, as added by Chapter 533 of the Statutes
of 1977, and 85265.5. If a school district or school districts
establish and maintain a regional occupational center or program,
pursuant to this chapter, the county superintendent of schools may,
with the consent of the State Board of Education, establish and
maintain a separate regional occupational center or centers or
program or programs.
(b) Notwithstanding other provisions of this section, a single
school district located in a class 1 county, as defined in Section
1205, and having an average daily attendance of 50,000 or more, or a
single school district located in a class 2 county, as defined in
Section 1206, and having an average daily attendance of 100,000 or
more, may apply to the State Board of Education through the county
superintendent of schools for permission to establish a regional
occupational center or program. Except as provided in subdivision
(c), the State Board of Education shall, within 90 days of receipt of
an application, prescribe a procedure whereby the district may
establish a center or program in accordance with its application and
in compliance with the provisions of the State Plan for Career
Technical Education. The county superintendent of schools may
supervise establishment of the center or program.
(c) The State Board of Education may disapprove a waiver
application submitted by a single school district pursuant to Article
3 (commencing with Section 33050) of Chapter 1 of Part 20 for
permission to establish a regional occupational center or program
which does not meet the requirements of this section if the board
determines that the establishment of the center or program would have
an adverse effect upon existing regional occupational centers or
programs located in school districts which are contiguous to the
applicant school district.
The State Board of Education shall establish criteria to measure
adverse effect. The criteria shall include, but not be limited to,
hardship on (1) districts operating regional occupational centers or
programs which are contiguous to the applicant district and (2)
students of districts operating regional occupational centers or
programs which are contiguous to the applicant district.
(d) Notwithstanding any other provision of law, any regional
occupational center or program operated by a single district under
provisions of Section 33050 shall be granted permanent status if the
single district has previously been granted two waivers from the
State Board of Education to operate a single district regional
occupational center or program and the single district maintains at
least three but not more than five comprehensive high schools within
the district. The revenue limit for a regional occupational center
or program established under this subdivision shall be the lower of
either: (1) the revenue limit under which the center or program
operates as of January 1, 1985, or (2) the district's revenue limit
as of January 1, 1985, except that this revenue limit shall be
subject to annual percentage cost-of-living adjustments provided for
regional occupational centers and programs. The governing board of
the school district shall retain authority to decide whether or not
to operate the regional occupational center or program under this
subdivision.
SEC. 48. Section 52302 of the Education Code is amended to read:
52302. The school or community college district or districts, or
county superintendent or superintendents, sponsoring the regional
occupational center or program shall conduct a job market study in
the labor market area in which they propose to establish a regional
occupational center or program. The study shall use the State-Local
Cooperative Labor Market Information Program established in Section
10533 of the Unemployment Insurance Code, or if this program is not
available in the labor market area, other available sources of labor
market information. The study shall include a California
Occupational Information System supply analysis of existing career
technical and occupational training programs maintained by high
schools, community colleges, and private postsecondary schools in the
area to ensure that the anticipated employment demand for trainees
in the proposed regional occupational centers and programs justifies
the establishment of the proposed courses of instruction.
SEC. 49. Section 52302.3 of the Education Code is amended to read:
52302.3. (a) Every career technical course or program offered by
a school district or districts or county superintendent or
superintendents sponsoring a regional occupational center or program
shall be reviewed every two years by the appropriate governing body
to assure that each course or program does all of the following:
(1) Meets a documented labor market demand.
(2) Does not represent unnecessary duplication of other manpower
training programs in the area.
(3) Is of demonstrated effectiveness as measured by the employment
and completion success of its students.
(b) Any course or program that does not meet the requirements of
subdivision (a) and the standards promulgated by the governing body
shall be terminated within one year.
(c) The review process required by this section shall include the
review and comments by the local private industry council established
pursuant to Division 8 (commencing with Section 15000) of the
Unemployment Insurance Code, which review and comments shall occur
prior to any decision by the appropriate governing body.
(d) This section shall apply to each course or program commenced
subsequent to the effective date of this section.
SEC. 50. Section 52302.5 of the Education Code is amended to read:
52302.5. A regional occupational center or regional occupational
program shall:
(a) Provide individual counseling and guidance in career technical
matters.
(b) Provide a curriculum which includes skill training in
occupational fields having current and future needs for the training.
(c) Provide an opportunity for students to acquire entry level
career technical skills which may lead to a combination work-study
schedule.
(d) Provide for the upgrading of the career technical skills of
students and for retraining where necessary.
(e) Maintain a pupil-teacher ratio which will enable students to
achieve optimum benefits from the instructional program.
(f) Assign the highest priority in services to youth from the age
of 16 to 18 years, inclusive.
SEC. 51. Section 52302.7 of the Education Code is amended to read:
52302.7. A regional occupational center may provide, on an
individual referral basis, academic and personal development
instruction for adult students enrolled in a career technical
education course conducted by the regional occupational center when
it is determined that it is essential for this instruction to be
given to ensure the employability of the adult student.
SEC. 52. Section 52302.9 of the Education Code is amended to read:
52302.9. Regional occupational centers and programs may jointly
establish, operate, and share the enrollments and costs of career
technical education instruction with adult education programs offered
by school districts serving the same geographic area. These
programs shall be approved by the State Board of Education and the
county superintendent of schools and shall be subject to guidelines
established by the Superintendent of Public Instruction. These
programs shall also be funded at the adult revenue limit amount
provided pursuant to Section 42238.
SEC. 53. Section 52303 of the Education Code is amended to read:
52303. "Regional occupational program," as used in this chapter,
means a career technical or technical training program which meets
the criteria and standards of instructional programs in regional
occupational centers and which is conducted in a variety of physical
facilities which are not necessarily situated in one single plant or
site.
SEC. 54. Section 52305 of the Education Code is amended to read:
52305. A regional occupational center or regional occupational
program may:
(a) Be established pursuant to Section 52301 to provide day,
including Saturday and Sunday, and evening full-time and part-time
career technical education programs for minors and adults, the year
around.
(b) Include within its career technical training programs, the
establishment and operation of a sheltered workshop.
(c) Permit the establishment and operation of business,
commercial, trade, manufacturing, or construction activities as will
best serve the aims and purposes of career technical education.
These activities shall also permit the sale of products or services
to private or public corporations or companies, or to the general
public.
SEC. 55. Section 52309 of the Education Code is amended to read:
52309. (a) The curriculum initially provided by a regional
occupational center or regional occupational program upon commencing
operation shall be subject to the approval of the department and
shall comply with all requirements and standards set forth in the
State Plan for Career Technical Education. The department shall
approve regional occupational centers only after giving due
consideration to career technical education opportunities offered by
community colleges serving the same geographical area. The State
Board of Education shall adopt rules and regulations establishing
guidelines and criteria for differentiating between courses
appropriate for regional occupational centers or regional
occupational programs and those appropriate for high schools.
(b) The Superintendent of Public Instruction shall prepare and
distribute by April 1, 1977, and thereafter maintain, a detailed
handbook for use by the local educational agencies and regional
councils established pursuant to Section 8020. The handbook shall
contain course approval criteria, job market study criteria,
implementation plans for administrative regulations, and procedures
for securing course and program approvals.
(c) Notwithstanding subdivision (a), the curriculum provided by a
regional occupational center or program shall not be subject to the
approval of the department as to any curriculum that is certified, by
resolution of the governing body of the regional occupational center
or program, to comply with the course approval criteria set forth in
the handbook described in subdivision (b).
SEC. 56. Section 52329 of the Education Code is amended to read:
52329. The governing board of a school district located in a
county, or the county superintendent of schools maintaining a
regional occupational program in a county, any of the boundaries of
which are contiguous to the State of Arizona, may enter into an
agreement with a public or private educational agency located in that
state to provide to students living in the district and enrolled in
a regional occupational program, career technical or technical
training which, due to geographical isolation, is not otherwise
available to these students.
The program of training at the public or private educational
agency shall be approved by the Superintendent of Public Instruction
of California and shall conform to the California State Plan for
Career Technical Education.
The attendance of pupils receiving career technical or technical
training at a public or private educational agency as authorized by
this section shall be included in the computation of average daily
attendance as prescribed by Sections 52324 and 52325, and shall be
credited to the county school service fund of the county of
residence. In no event, however, shall the county school service
fund be credited with more than one unit of average daily attendance
per calendar year on account of a pupil participating in a program
authorized by this section.
SEC. 57. Section 52331 of the Education Code is amended to read:
52331. A regional occupational program or center, established
pursuant to Section 52301, may contract with a community college
district to provide career technical education instruction and
services for students enrolled, or seeking to enroll, in a regional
occupational center or program. The instruction and services shall
comply with the requirements and standards for regional occupational
programs and centers as set forth in the State Plan for Career
Technical Education.
SEC. 58. Section 52334 is added to the Education Code, to read:
52334. Indirect costs charged to regional occupational centers
and programs may not exceed the lesser of the school district or
county office of education, as appropriate, prior year indirect cost
rate as approved by the State Department of Education.
The indirect costs charged by county offices of education and
school districts that provide regional occupational centers and
programs services on behalf of the county office of education or
joint powers authority, when added together, may not exceed the
indirect cost rate approved by the State Department of Education for
the county office of education or the school district, whichever is
higher.
Revenue limit funds apportioned to a county office of education or
school district for regional occupational centers and programs must
be expended on programs and services offered by the regional
occupational centers and programs.
SEC. 59. Section 52336 of the Education Code is amended to read:
52336. (a) Any business, trade or professional association,
union, or state or local governmental agency operating within this
state may establish and operate, under the auspices of the local
school district, a career preparatory program within this state that
meets the requirements of this article.
(b) As part of a career preparatory program, an entity
establishing and operating the program shall develop and implement a
course of instruction for all pupils enrolled in the program that
satisfies the requirements of Section 51225.3 applicable to grades 11
and 12.
(c) Subject to the development of the course of instruction
delineated in subdivision (b) and to continuing certification by the
State Department of Education, an entity establishing and operating a
career preparatory program may propose and implement a program that
is designed to provide on-the-job training and instruction in
specific career technical skills to prepare students for future
employment.
(d) An entity establishing and operating a career preparatory
program shall present pupils who have successfully completed all
aspects of the program with a certificate of completion that shall
supplement a high school diploma.
SEC. 60. Section 52336.5 of the Education Code is amended to read:
52336.5. (a) A private entity establishing a career preparatory
program pursuant to this article shall not be eligible for any moneys
from the state or any school district.
(b) An entity establishing a career preparatory program pursuant
to Section 52336 may contract for assistance in the development or
administration of that program with one or more of the following:
(1) A community college district.
(2) A school district that operates an adult education program.
(3) A regional occupational center or program.
(4) Any other public career technical education program.
SEC. 61. Section 52342 of the Education Code is amended to read:
52342. In the implementation of this article, the State
Department of Education shall, on a regular basis, advise and consult
with representatives of the Employment Development Department, the
Board of Governors of the California Community Colleges, the
California Postsecondary Education Commission, the University of
California, the Chancellor of the California State University, the
Commission on Teacher Credentialing, the Department of Industrial
Relations, the Department of Consumer Affairs, the California
Advisory Council on Career Technical Education and Technical
Training, and the State Personnel Board.
SEC. 62. The heading of Article 3 (commencing with Section 52350)
of Chapter 9 of Part 28 of the Education Code is amended to read:
Article 3. Precareer Technical Education
SEC. 63. Section 52350 of the Education Code is amended to read:
52350. It is the intent and purpose of the Legislature by the
enactment of this chapter to curtail the growing rate of pupil
dropouts or premature enrollment terminations in the public
elementary and secondary schools, by authorizing special emphasis to
be given precareer technical training courses of study for the
benefit of pupils who are oriented toward career technical employment
and who are potential school dropouts, have demonstrated aptitudes
for precareer technical training, and who voluntarily elect to
undertake a concentration of educational effort in precareer
technical training and whose parents or guardian consents to that
training.
SEC. 64. Section 52351 of the Education Code is amended to read:
52351. The county superintendent or the governing board of any
school district, as the case may be, maintaining any of grades 7, 8,
and 9, may, upon application to, and approval by, the Superintendent
of Public Instruction, establish a program having the following
essential elements:
(a) Identification, by appraisal and recommendation of teachers
and other school authorities, aptitude tests, and other tests and
means as may be authorized by the State Board of Education, of pupils
whose academic attainment level and behavior as school pupils
indicate that in all probability they will terminate public school
enrollment prior to completion of grade 12, but who demonstrate
aptitude for one or more types of precareer technical training
afforded in the schools of the district.
(b) Precareer technical courses of study arranged and conducted in
a manner as will permit pupils to concentrate educational effort in
those courses of study pursuant to this chapter.
(c) Counseling and guidance procedures which will effectuate the
purposes of this chapter.
The county superintendent shall have primary authority to
establish the program within his or her county. Should he or she
fail, for any reason, to establish or initiate action for the
establishment of a program after receiving a written request therefor
from the governing board of a school district, the governing board
shall have full authority to establish a program.
SEC. 65. Section 52353 of the Education Code is amended to read:
52353. Any pupil coming within the provisions of subdivision (a)
of Section 52351 shall, as a matter of free personal choice, and with
the consent of the pupil's parent or guardian, without duress or
coercion, be authorized to elect to enroll in precareer technical
courses for which the pupil possesses demonstrated aptitudes, as
follows:
(a) In grade 7, one course of study in each semester of the school
year.
(b) In grade 8, two courses of study in each semester of the
school year, provided that the pupil successfully completed any
course of study in which enrolled under subdivision (a) during the
preceding school year.
(c) In grade 9, three courses of study in each semester of the
school year, provided that the pupil successfully completed any
course of study in which enrolled under subdivision (b) during the
preceding school year.
SEC. 66. Section 52354 of the Education Code is amended to read:
52354. It shall be unlawful, for the governing board of a school
district, a county board of education, a county superintendent of
schools, or any officer or employee whatever of the public school
system, to willfully:
(a) Cause, or aid or abet in the forced or coerced enrollment of a
public school pupil in any precareer technical course of study as a
disciplinary measure, whether pursuant to this chapter or otherwise.
(b) Cause, or aid or abet in effecting any distinction in the
form, appearance, or content of any diploma issued upon graduation
from elementary school or high school based on a pupil's having
enrolled in a program under this chapter as distinguished from the
regular educational programs of the district involved.
SEC. 67. The heading of Article 4 (commencing with Section 52370)
of Chapter 9 of Part 28 of the Education Code is amended to read:
Article 4. High School Career Technical Courses
SEC. 68. Section 52370 of the Education Code is amended to read:
52370. The governing board of any high school district may
provide for the maintenance on Saturday of special day and evening
classes in career technical training authorized and provided for by
any program of national defense of the federal government, or any
agency thereof, acting through the State Department of Education.
No apportionments from state funds based upon average daily
attendance in special day or evening classes, whether maintained on
Saturday or other days, shall be made where the total cost of the
classes is borne by the federal government, or any agency thereof.
SEC. 69. Section 52371 of the Education Code is amended to read:
52371. Pilot programs may be established by school districts to
provide for the maintenance on Saturday of classes in career
technical training, upon the approval of the Superintendent of Public
Instruction. Career technical training may be a part of, but is not
limited to, a program of national defense of the federal government,
or any agency thereof.
No apportionments to districts from state funds based upon average
daily attendance in these classes, whether maintained on Saturday or
other days, shall be made where the total cost of the classes is
borne by the federal government, or any agency thereof.
SEC. 70. Section 52372 of the Education Code is amended to read:
52372. The governing board of any high school district, subject
to the provisions of this code relating to courses of study for high
schools, the governing board of any joint powers regional
occupational center or program, or the county superintendent of
schools which conducts any county-operated regional occupational
center or program, may establish and maintain, in connection with any
high school or regional occupational center or program under its or
his or her jurisdiction, cooperative career technical education
programs or community classrooms as part of a career technical
education course in accordance with rules and regulations prescribed
by the Superintendent of Public Instruction.
SEC. 71. Section 52372.1 of the Education Code is amended to read:
52372.1. (a) The Superintendent of Public Instruction shall adopt
rules and regulations for cooperative career technical education
programs and community classrooms. The rules and regulations shall
include, but need not necessarily be limited to, all of the
following:
(1) Selection and approval of work and training stations.
(2) Related classroom instruction.
(3) Supervision of students while in training.
(4) Joint venture training agreements and plans.
(5) Student teacher ratios.
(6) Paid and unpaid on-the-job experiences.
(7) Credit for participation in cooperative career technical
education programs and community classrooms.
(b) As used in this section, "cooperative career technical
education programs" includes cooperative agreements between schools
and employers to provide students with paid on-the-job experiences,
as well as career technical education instruction contributing to the
student's education and employability.
(c) As used in this section, "community classrooms" includes
instructional methodologies which are part of a career technical
education course, and which may utilize the facilities and equipment
of a public agency or private business to provide students the
opportunity to expand competencies developed in a career technical
course in unpaid on-the-job experiences.
(d) Joint venture agreements shall be entered into between the
director and the management of the community classroom site to ensure
that students will be provided, through unpaid on-the-job
experiences, the opportunity to expand the competencies developed in
the classroom instruction portion of their training.
Each instructor, in cooperation with the business or agency in
which the student will be placed, shall develop an individualized
training plan for each pupil enrolled in a community classroom.
(e) All statutes and regulations applicable to minors in
employment relationships apply to cooperative career technical
education programs and to community classrooms.
(f) For purposes of this section, "public agency" means any public
agency capable of providing unpaid on-the-job experience meeting all
of the following requirements:
(1) The on-the-job experiences are in occupations for which there
is a local job market.
(2) The on-the-job experiences are equivalent to those which could
be received for each specific occupational area as if they were held
at a private business site.
SEC. 72. Section 52373 of the Education Code is amended to read:
52373. (a) The governing board of any high school district
maintaining an agriculture course may transport pupils, instructors,
or supervisors of classes to and from any classes or places where the
work of the classes is being done, whether within or without the
district, in the same manner and subject to the same limitations as
in transporting pupils to and from school.
(b) No pupil shall be required to pay any fee or charge for
transportation associated with activities of career technical student
organizations which are a part of a career technical class or course
of instruction offered for credit, when those activities are
integral to assisting the pupil to achieve the career objectives of
the class or course.
SEC. 73. Section 52375 of the Education Code is amended to read:
52375. No pupil shall be required to pay any fee or charge for
enrollment or participation in activities of career technical student
organizations which are a part of a career technical class or course
of instruction offered for credit, when those activities are
integral to assisting the pupil to achieve the career objectives of
the class or course. This section shall apply to activities which
occur during or outside of the regular schoolday.
This section does not constitute a change in, but is declaratory
of, existing law. Furthermore, this section shall not be construed
to authorize a fee or charge for any pupil to enroll or participate
in any activity other than career technical student organizations.
SEC. 74. Section 52376 of the Education Code is amended to read:
52376. (a) The governing board of any school district that
maintains a high school may expend supplemental funding apportioned
pursuant to Section 54761 for the purposes of this section. Any
governing board that expends supplemental grant funding pursuant to
this section or accepts other funds made available for purposes of
this section shall do all of the following:
(1) By May 1, 1991, establish procedures and policies required
pursuant to subdivision (b).
(2) By July 1, 1992, establish a program required pursuant to
subdivision (c).
(b) The governing board of each school district that elects to
utilize supplemental grant funding or accept other funds for the
purposes of this section shall do the following:
(1) Establish district policies and procedures to systematically
review career technical education classes offered by the district to
determine the degree to which each class may offer an alternative
means for completing and receiving credit for specific portions of
the district's prescribed course of study to graduate from high
school. The governing board shall ensure that those classes are
equivalent, in terms of content and rigor, to the courses prescribed
in subdivision (a) of Section 51225.3.
(2) Establish district policies and procedures to compare, not
less than every three years, the local curriculum, course content,
and course sequence of career technical education programs in the
district with the state model curriculum standards for career
technical education.
(c) Each governing board expending supplemental grant funding or
accepting other funds made available for the purposes of this section
shall develop and implement, in consultation with the regional
occupational center or program and community college serving the
geographic area of the school district, a career technical education
program that meets at least the following criteria:
(1) Provides a series of career technical education programs, each
of which offers a sequence of courses leading to specific
competencies that will enable pupils to manage personal and work
life and attain entry level employment in business or industry upon
graduation from high school. The plan to provide a series of career
technical education programs shall be consistent with local
agreements with regional occupational centers and programs and
community colleges regarding the responsibilities for the provision
and articulation of services among those local agencies. Each
governing board shall also develop and implement plans for
articulation of career technical courses, or both career technical
and technical courses, with the community colleges to extend the
sequence of courses through grades 13 and 14.
(2) Conducts or obtains access to needs data and assessment of
local business and industry to ensure that the career technical
education programs offered will prepare pupils in competencies for
which employment opportunities exist.
(3) Provides counseling and guidance services to pupils to help
them meet all necessary requirements for high school graduation and
make informed career preparation choices. Counseling and guidance
services provided to promote the purposes of this section may include
counseling for pupils in grades 6 to 12, inclusive.
(4) Involves business and industry in cooperative projects with
the schools to provide work experience opportunities, instructors
from business and industry, assistance with needs assessments and
program evaluations, and access to business and industry employment
placement services.
(5) Provides access to employment placement services to help
graduating pupils obtain employment.
(6) Includes a system of data collection to report annually to the
governing board on the success or failure of each career technical
education program in terms of all of the following:
(A) Pupils achieving the desired competencies.
(B) Pupils securing employment, particularly in jobs related to
the area of their career technical preparation.
(C) Pupils proceeding to advanced education and training at the
postsecondary level.
(D) Number and types of career technical classes offered and the
number of those classes that qualify as alternative means to complete
the prescribed course of study pursuant to subdivision (b) of
Section 51225.3.
(E) Number of pupils enrolled in career technical classes.
SEC. 75. Section 52377 is added to the Education Code, to read:
52377. Any reference to "vocational" education, skill training,
instruction, or training in this code shall be deemed to be a
reference to "career technical" education, skill training,
instruction, or training.
SEC. 76. Section 52381 of the Education Code is amended to read:
52381. The Legislature finds that it is urgently necessary to
reduce the continuing high level of unemployment among the youth and
young adults by broadening and strengthening the existing career
technical education programs to provide them with the necessary work
skills in order that they will be equipped to participate in a
meaningful manner in our ever increasingly technical society.
It is the intent of the Legislature by the provisions of this
article to afford a means whereby school districts may broaden and
strengthen the existing career technical education programs and to
provide the districts with necessary financial support to enable them
to implement career technical training and work programs during the
summer months for the unemployed youth and young adults so that they
may be trained in marketable work skills and earn funds as may be
necessary to enable them to continue their education.
SEC. 77. Section 52382 of the Education Code is amended to read:
52382. A program of summer career technical and technical
education may be established pursuant to this article by the
governing board of any school district maintaining one or more high
schools. Pupils who have completed grades 9 to 12, inclusive, may be
permitted to participate in a program.
Summer career technical and technical education programs shall
consist of training and instruction in any skills and crafts in which
ample opportunities for gainful employment are to be found. The
program may include work experience involving the gainful employment
of pupils. The provisions of Article 2 (commencing with Section
1940) of Chapter 2 of Part 7 of the Labor Code, limiting the
employment of aliens by public agencies shall not be applicable to
the employment of pupils under this article.
SEC. 78. Section 52383 of the Education Code is amended to read:
52383. Wages earned by pupils participating in a program of
summer career technical and technical education, shall be paid
weekly, or, if not reasonably possible, biweekly.
SEC. 79. Section 52384 of the Education Code is amended to read:
52384. Any program of summer career technical and technical
education established pursuant to this article shall be subject to
the prior approval of the State Department of Education, and no
average daily attendance of pupils in such a program shall be
credited to a district unless the program has been approved and is
conducted pursuant to the rules, regulations, and standards
prescribed by the department. School districts desiring to
participate under the provisions of this article shall submit to the
department applications which shall include plans for the
establishment of a summer career technical and technical education
program, and describing in detail its proposed content and operation.
SEC. 80. Section 52388 of the Education Code is amended to read:
52388. The department shall adopt rules and regulations that are
necessary to implement the provisions of this article. The rules and
regulations shall include standards for the career technical and
technical education programs provided for under this article.
SEC. 81. The heading of Article 7 (commencing with Section 52450)
of Chapter 9 of Part 28 of the Education Code is amended to read:
Article 7. Agricultural Career Technical Education
SEC. 82. Section 52450 of the Education Code is amended to read:
52450. The Legislature of the State of California recognizes that
agriculture is the most basic and singularly important industry in
the state, that agriculture is of central importance to the welfare
and economic stability of the state, and that the maintenance of this
vital industry requires a continued source of trained and qualified
individuals for employment in agriculture and agribusiness. The
Legislature hereby declares that it is within the best interests of
the people of the State of California that a comprehensive career
technical education program in agriculture be created and maintained
by the state's school system in order to ensure an adequate supply of
trained and skilled individuals and to ensure appropriate
representation of racial and ethnic groups in all phases of the
industry. For this purpose, the Legislature affirms that a state
program for agricultural career technical education shall be
established. It is the intent of the Legislature that a state
program for agricultural education shall be a part of the curriculum
of the state school system and made readily available to all school
districts who may, at their option, include programs in career
technical education in agriculture as a part of the curriculum of
that district.
SEC. 83. Section 52452 of the Education Code is amended to read:
52452. (a) There is hereby created within the State Department of
Education an agricultural career technical education unit to assist
school districts in the establishment and maintenance of educational
programs established pursuant to the provisions of this article.
(b) The staffing of the unit shall at all times be comprised of an
appropriate number of full-time employees; provided, that any
decrease in federal support of this staffing unit shall be applied in
direct proportion to all other staffs so funded, including the State
Supervisor of Agricultural Career Technical Education who shall,
under the direction of the Superintendent of Public Instruction,
assume responsibility for the administration of the state program
adopted under this article throughout the public school system as
well as the articulation of the state program to the requirements and
mandates of federally assisted career technical education.
(c) An appropriate number of employees shall serve as program
consultants in agricultural career technical education and shall be
available to provide assistance to local school districts. To the
extent that it is possible, the program consultants shall be
geographically located in those areas most readily accessible to the
school districts they assist. At least one consultant shall be
responsible for the coordination of the state program. At least one
consultant shall be responsible for the coordination of the
activities of student agricultural organizations and associations.
(d) The State Department of Education shall accomplish the
staffing of the agricultural career technical education unit in
compliance with this article by reassigning priorities in staff
assignments within the department in a manner that will not result in
new costs to the state as a consequence.
SEC. 84. Section 52453 of the Education Code is amended to read:
52453. (a) The State Director of Career Technical Education shall
establish and convene an Agricultural Advisory Committee
representative of the various and diverse areas of the agricultural
industry in California.
(b) The committee shall be composed of the following:
(1) A representative from a university conducting teacher training
in career technical agriculture.
(2)
A representative from a community college conducting career
technical education in agriculture.
(3) A representative from a high school conducting a program of
career technical education in agriculture.
(4) A representative from a school conducting general education in
agriculture.
(5) A parent of a pupil enrolled in career technical education in
agriculture.
(6) Nine other individuals representing diverse agricultural
interests from various geographic locations in the state.
The State Supervisor of Agricultural Education shall serve as the
committee consultant.
(c) It shall be the purpose of this committee to advise, in an
ongoing manner, the State Supervisor of Agricultural Education, the
Superintendent of Public Instruction, and the State Board of
Education on policy matters pertaining to the state program of
agricultural career technical education. The advice of the committee
shall include, but not be limited to, the development of a
curriculum and a strategy for the purpose of establishing a source of
trained and qualified individuals in agriculture, a strategy for
articulating the state program in agricultural career technical
education throughout the state school system, and a consumer
education outreach strategy regarding the importance of agriculture
in California.
(d) The committee shall serve without compensation, including
travel and per diem and shall operate in accordance with the
established policies of the State Department of Education.
SEC. 85. Section 52454 of the Education Code is amended to read:
52454. (a) The curriculum of school districts that choose to
participate in the state program of agricultural career technical
education shall include all of the following components:
(1) Organized classes in the study of agricultural science and
technology.
(2) A student-supervised occupational experience program in
agriculture.
(3) A program of leadership, organization, and personal
development.
(b) Student learning activity developed to supplement these
components shall be considered curricular and shall contribute to the
grade of the participating student when those activities are
integral to assisting the student to achieve the career objective of
the class or course.
It is the intent of the Legislature that opportunities are
provided for teachers to be employed on a 12-month basis in order to
maintain supervised occupational experience on a year-round basis for
students enrolled in agricultural career technical programs.
SEC. 86. The heading of Article 7.5 (commencing with Section
52460) of Chapter 9 of Part 28 of the Education Code is amended to
read:
Article 7.5. Agricultural Career Technical Education Incentive
Program
SEC. 87. Section 52460 of the Education Code is amended to read:
52460. The governing board of a school district which operates an
agricultural career technical education program may apply to the
Superintendent of Public Instruction for an incentive grant, pursuant
to this article, for the purpose of purchasing or leasing
agricultural career technical education equipment.
SEC. 88. Section 52461 of the Education Code is amended to read:
52461. The Superintendent of Public Instruction shall award
grants to applicant school districts which meet the following
requirements:
(a) The school district shall contribute an amount of funds equal
to the amount of the grant to the purchase or lease of equipment for
use in agricultural career technical education programs.
(b) The school district shall certify to the Superintendent of
Public Instruction that the grant funds received and the matching
funds contributed by the district shall be used solely for the
purpose of purchasing or leasing equipment for use in agricultural
career technical education programs.
SEC. 89. Section 52461.5 of the Education Code is amended to read:
52461.5. (a) For purposes of this article, "agricultural career
technical education equipment" shall mean any nonsalary item of
expenditure, including, but not limited to, capital outlay, for
approved agricultural career technical education programs.
(b) Notwithstanding any other provision of law, any requirement of
this article or any other provision chaptered during the 1983-84
fiscal year that school districts contribute local matching funds to
be eligible for state funds for nonsalary costs of career technical
agriculture programs may be waived by the Superintendent of Public
Instruction if he or she finds that a matching requirement would
create a financial hardship for any school district.
SEC. 90. The heading of Article 9 (commencing with Section 52485)
of Chapter 9 of Part 28 of the Education Code is amended to read:
Article 9. Home Economics Careers and Technology Career
Technical Education
SEC. 91. Section 52485 of the Education Code is amended to read:
52485. (a) The Legislature recognizes that home economics career
technical education includes two distinct programs, consumer home
economics education which is crucial to the economic and social
well-being of individuals and families, and home economics-related
occupation programs, which provide a continued source of trained and
qualified individuals for employment in various fields, including
child development and education, consumer services, fashion design,
manufacturing and merchandising, food science, dietetics and
nutrition, food service and hospitality, hospitality, tourism and
recreation, interior design, furnishings, and maintenance. These
industries are of central importance to the economic growth and
development of the state, and their maintenance require a continued
source of trained and qualified individuals in order to maintain a
productive workforce.
(b) The Legislature hereby declares that it is in the best
interests of the people of the State of California that a
comprehensive home economics careers and technology career technical
program be created and maintained by the public school system to
include instruction in consumer home economics education, which
prepares individuals for effective personal life management and to be
a member of a well-functioning family, and instruction in home
economics related occupations education, in order to ensure both an
adequate supply of trained and skilled individuals, and appropriate
representation of racial and ethnic groups in all phases of the
industries.
(c) For this purpose, the Legislature affirms that a program of
home economics career technical education shall be a part of the
curriculum of the public school system and made readily available to
all school districts which may, at their option, include programs in
career technical home economics education as a part of the curriculum
of that district.
SEC. 92. Section 52487 of the Education Code is amended to read:
52487. (a) There is hereby created within the State Department of
Education the Home Economics Careers and Technology Career Technical
Education Unit, to be staffed by qualified home economics
education-trained personnel, to assist school districts in the
establishment and maintenance of the educational programs provided
for by this article.
(b) The staffing of the unit shall be at least 3.3
personnel-years.
(c) The State Supervisor of the Home Economics Careers and
Technology Career Technical Education Unit, under the direction of
the Superintendent of Public Instruction, shall have responsibility
for the administration of the program set forth in this article, as
well as for the articulation of the program to the requirements and
mandates of federally assisted career technical education.
(d) An appropriate number of employees shall serve as program
consultants in the Home Economics Careers and Technology Career
Technical Education Unit, and shall be available to provide
assistance to school districts. To the extent possible, the program
consultants shall be geographically located in areas that are most
readily accessible to the school districts they assist. At least one
consultant shall be responsible for the coordination of the
leadership development activities of pupil home economics careers and
technology organizations and associations.
(e) The State Department of Education shall accomplish the
staffing of the Home Economics Careers and Technology Career
Technical Education Unit in compliance with this article by
reassigning priorities in staff assignments within the department so
that the staffing results in no new costs to the state.
SEC. 93. Section 52488 of the Education Code is amended to read:
52488. (a) The Superintendent of Public Instruction shall
establish on July 1, 1997, and convene the Home Economics Careers and
Technology Advisory Committee. The committee shall develop
recommendations for state programs in home economics careers and
technology education for presentation to the Legislature for review
and to the State Board of Education to be used in the development and
adoption pursuant to Section 52486 of the rules and regulations
necessary to implement the provisions of this article.
Recommendations shall include, but not be limited to, the development
of a curriculum and a strategy for the purpose of establishing a
source of trained and qualified instructors for home economics
careers and technology programs throughout the public school system,
and a public information outreach strategy regarding the importance
of consumer home economics education and home economics-related
occupations in California. Members of the advisory committee shall
serve without compensation, including travel and per diem. The
advisory committee shall cease to exist on January 1, 2000.
(b) The committee shall be representative of consumer home
economics education and home economics-related occupation specialists
and representatives of the various fields and industries in
California described in Section 52485. Nominations for the committee
shall be solicited from the various task forces that have assisted
in the development of curriculum standards for home economics careers
and technology career technical education programs.
(c) The committee shall be composed of the following:
(1) A voluntary representative from a university conducting a
teacher education program in home economics careers and technology.
(2) A voluntary representative from a community college conducting
a program in home economics careers and technology education.
(3) A voluntary representative from a high school conducting a
consumer home economics program in home economics careers and
technology.
(4) A voluntary representative from a high school conducting a
home economics-related occupations program in home economics careers
and technology.
(5) A voluntary representative from a middle level school
conducting an exploratory program in home economics careers and
technology.
(6) A former student of a home economics careers and technology
education program.
(7) A parent of a pupil enrolled in home economics careers and
technology education.
(8) Eight other individuals representing diverse industries
related to established career paths in home economics careers and
technology education from various geographic locations in the state.
The State Supervisor of the Home Economics Careers and Technology
Vocational Education Unit shall serve as the committee consultant.
SEC. 94. Section 52489 of the Education Code is amended to read:
52489. (a) The curriculum of school districts that choose to
participate in the state program of home economics careers and
technology career technical education shall include all of the
following components:
(1) Organized classes in the study of home economics careers and
technology, both for consumer home economics and home
economics-related occupations.
(2) A pupil-supervised worksite learning experience appropriate to
the specific home economics career and technology program.
(3) A program of leadership, organization, personal development,
and service learning.
(b) Pupil learning activities developed to supplement these
components shall be considered curricular and shall contribute to the
grade of the participating pupil when those activities are integral
to assisting the pupil to achieve the personal or career objective of
the class or course.
SEC. 95. Section 52490 of the Education Code is amended to read:
52490. (a) In order to ensure effective instruction in home
economics careers and technology career technical education,
instructors need access to updated curricula that prepares pupils
with the knowledge, skills, and attitudes to function as effective
family members, citizens, and community leaders as well as productive
employees in industries critical to the economic growth of
California, including, but not limited to, hospitality, tourism, and
food service. In addition, an ongoing professional development
program tied to the latest research, educational trends,
industry-validated curriculum standards, and effective teaching
strategies is crucial if instructors are to provide quality, relevant
instruction.
(b) It is the intent of the Legislature that a statewide home
economics careers and technology curriculum and professional
development project be established to do the following:
(1) Create opportunities for researchers, higher education,
faculty, and elementary and secondary school faculty to work together
to accomplish all of the following:
(A) Identify exemplary teaching practices.
(B) Examine and develop research on learning, knowledge, and
educational materials.
(C) Give consideration to the implementation of statewide
curriculum standards in the content areas of both consumer home
economics education and home economics-related occupations education,
with particular attention to the learning needs and styles of an
increasingly diverse pupil population, many of whom are
underachieving.
(2) Be modeled after projects that have been successful in
strengthening systematically the subject matter knowledge and
instructional strategies of project participants, including, but not
limited to, the California Writing Project and the California
Mathematics Project.
(3) Include an evaluation plan designed to measure the degree of
implementation of the statewide project and local sites, changes in
the instructional practices of participating teachers, and
improvements in the learning and involvement by pupils in career
technical home economics careers and technology education.
(c) The project shall be established by contract at a university
with a viable teacher education program that prepares instructors to
teach in both consumer home economics education and home
economics-related occupations education programs. The contract shall
be awarded under the request for proposal provisions of Section
10344 of the Public Contract Code.
(d) The project shall operate under the direction of the Home
Economics Careers and Technology Career Technical Education Unit
within the State Department of Education to ensure effective
collaboration and articulation of programs in kindergarten and grades
1 to 12, inclusive.
(e) The project shall be funded only from available federal funds.
SEC. 96. The heading of Article 9.5 (commencing with Section
52495) of Chapter 9 of Part 28 of the Education Code is amended to
read:
Article 9.5. Home Economics Careers and Technology Career
Technical Education Incentive Program
SEC. 97. Section 52495 of the Education Code is amended to read:
52495. An incentive grant program shall be established for the
purpose of improving, expanding, and establishing instructional
programs in home economics careers and technology career technical
education to improve the academic achievement and career preparation
of pupils in those fields.
SEC. 98. Section 52497 of the Education Code is amended to read:
52497. The governing board of a school district that operates a
home economics careers and technology career technical education
program may apply to the Superintendent of Public Instruction for an
incentive grant pursuant to this article.
SEC. 99. Section 52498 of the Education Code is amended to read:
52498. The Superintendent of Public Instruction shall award
two-year grants of an amount to be determined by the Superintendent
of Public Instruction, on a competitive basis, to applicant school
districts that meet the following requirements:
(a) The school district shall demonstrate that the home economics
careers and technology career technical education program for which
grant funds are sought meets specified criteria developed by the
Superintendent of Public Instruction.
(b) The participating school district shall contribute an amount
of funds equal to the amount of its grant for use in improving,
expanding, and establishing instructional programs in home economics
careers and technology career technical education.
(c) The school district shall certify to the Superintendent of
Public Instruction that the grant funds received and the matching
funds contributed by the school district will be used solely for the
purposes described in this article.
(d) The school district shall, evaluate the program funded with a
grant pursuant to this article according to outcome indicators
determined by the Superintendent of Public Instruction.
SEC. 100. Section 52499 of the Education Code is amended to read:
52499. For the purposes of this article, home economics careers
and technology career technical education programs means the purchase
of instructional resources and equipment appropriate for the
instructional program, professional development activities for home
economics careers and technology career technical education teachers
and members of interdisciplinary teams working to implement selected
career paths in home economics careers and technology career
technical education, and pupil development activities.
SEC. 101. Section 52499.3 of the Education Code is amended to
read:
52499.3. Notwithstanding any other provision of law, any
requirement of this article that requires school districts to
contribute local matching funds to be eligible for state funds for
nonsalary costs of home economics careers and technology career
technical education incentive programs may be waived by the
Superintendent of Public Instruction if he or she finds that a
matching requirement would create a financial hardship for any school
district.
SEC. 102. Section 52904 of the Education Code is amended to read:
52904. This article shall become inoperative on June 30, 2001,
and, as of January 1, 2002, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2002, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 103. Section 52980 of the Education Code is repealed.
SEC. 104. Section 52981 of the Education Code is repealed.
SEC. 105. Section 52982 of the Education Code is repealed.
SEC. 106. Section 54750 of the Education Code is repealed.
SEC. 107. Section 54751 of the Education Code is repealed.
SEC. 108. Section 54751.1 of the Education Code is repealed.
SEC. 109. Section 54752 of the Education Code is repealed.
SEC. 110. Section 56138 of the Education Code is repealed.
SEC. 111. Section 56375 of the Education Code is amended and
renumbered to read:
56390. Notwithstanding Section 51412 or any other provision of
law, a local educational agency may award an individual with
exceptional needs a certificate or document of educational
achievement or completion if the requirements of subdivision (a),
(b), or (c) are met.
(a) The individual has satisfactorily completed a prescribed
alternative course of study approved by the governing board of the
school district in which the individual attended school or the school
district with jurisdiction over the individual and identified in his
or her individualized education program.
(b) The individual has satisfactorily met his or her
individualized education program goals and objectives during high
school as determined by the individualized education program team.
(c) The individual has satisfactorily attended high school,
participated in the instruction as prescribed in his or her
individualized education program, and has met the objectives of the
statement of transition services.
SEC. 112. Section 56376 of the Education Code is amended and
renumbered to read:
56391. An individual with exceptional needs who meets the
criteria for a certificate or document described in Section 56375
shall be eligible to participate in any graduation ceremony and any
school activity related to graduation in which a pupil of similar age
without disabilities would be eligible to participate. The right to
participate in graduation ceremonies does not equate a certificate
or document described in Section 56375 with a regular high school
diploma.
SEC. 113. Section 56377 of the Education Code is amended and
renumbered to read:
56392. It is not the intent of the Legislature by enacting this
chapter to eliminate the opportunity for an individual with
exceptional needs to earn a standard diploma issued by a local or
state educational agency when the pupil has completed the prescribed
course of study and has passed the proficiency requirements with or
without differential standards pursuant to Section 51215.
SEC. 114. Section 56378 of the Education Code is amended and
renumbered to read:
56393. On or before July 1, 2000, the Advisory Commission on
Special Education shall, pursuant to Section 33595, study and report
to the State Board of Education, the Superintendent of Public
Instruction, the Legislature, and the Governor on the practice of
awarding certificates or documents of educational achievement or
completion and diplomas, as appropriate, to individuals with
exceptional needs. The report shall contain recommendations for
improving the system of recognition for educational achievement or
completion of studies to individuals with exceptional needs.
SEC. 115. Section 56836.10 of the Education Code is amended to
read:
56836.10. (a) The superintendent shall make the following
computations to determine the amount of funding per unit of average
daily attendance for each special education local plan area for the
1998-99 fiscal year:
(1) Divide the amount of funding for the special education local
plan area computed for the 1997-98 fiscal year pursuant to Section
56836.09 by the number of units of average daily attendance,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010 as that subdivision read on July
1, 1997, reported for the special education local plan area for the
1997-98 fiscal year.
(2) Add the amount computed in paragraph (1) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, the superintendent shall make the following computations
to determine the amount of funding per unit of average daily
attendance for each special education local plan area for the fiscal
year in which the computation is made:
(1) For the 1999-2000 fiscal year, divide the amount of funding
for the special education local plan area computed for the 1998-99
fiscal year pursuant to subdivision (a) of Section 56836.08 by the
number of units of average daily attendance upon which funding is
based pursuant to subdivision (a) of Section 56836.15 for the special
education local plan area for the 1998-99 fiscal year.
(2) For the 2000-01 fiscal year, and each fiscal year thereafter,
divide the amount of funding for the special education local plan
area computed for the prior fiscal year pursuant to subdivision (b)
of Section 56836.08 by the number of units of average daily
attendance upon which funding is based pursuant to subdivision (a) of
Section 56836.15 for the special education local plan area for the
prior fiscal year.
SEC. 116. Section 56836.11 of the Education Code is amended to
read:
56836.11. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the statewide target amount per unit of average daily
attendance for special education local plan areas:
(1) Total the amount of funding computed for each special
education local plan area exclusive of the amount of funding computed
for the special education local plan area identified as the Los
Angeles County Juvenile Court and Community School/Division of
Alternative Education Special Education Local Plan Area, pursuant to
Section 56836.09 for the 1997-98 fiscal year.
(2) Total the number of units of average daily attendance reported
for each special education local plan area for the 1997-98 fiscal
year, exclusive of average daily attendance for absences excused
pursuant to subdivision (b) of Section 46010 as that section read on
July 1, 1996, and exclusive of the units of average daily attendance
computed for the special education local plan area identified as the
Los Angeles County Juvenile Court and Community School/Division of
Alternative Education Special Education Local Plan Area.
(3) Divide the sum computed in paragraph (1) by the sum computed
in paragraph (2) to determine the statewide target amount for the
1997-98 fiscal year.
(4) Add the amount computed in paragraph (3) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year to determine the statewide target amount
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, to determine the statewide target amount per unit of
average daily attendance for special education local plan areas, the
superintendent shall multiply the statewide target amount per unit of
average daily attendance computed for the prior fiscal year pursuant
to this section by one plus the inflation factor computed pursuant
to subdivision (b) of Section 42238.1 for the fiscal year in which
the computation is made.
SEC. 117. Section 6516.6 of the Government Code is amended to
read:
6516.6. (a) Notwithstanding any other provision of law, a joint
powers agency established pursuant to a joint powers agreement in
accordance with this chapter may issue bonds pursuant to Article 2
(commencing with Section 6540) or Article 4
(commencing with Section 6584), in order to
purchase obligations of local agencies or make loans to local
agencies, which moneys the local agencies are hereby authorized to
borrow, to finance the local agencies' unfunded actuarial pension
liability or to purchase, or to make loans to finance the purchase
of, delinquent assessments or taxes levied on the secured roll by the
local agencies, the county, or any other political subdivision of
the state. Notwithstanding any other provision of law, including
Section 53854, the local agency obligations or loans, if any, shall
be repaid in the time, manner and amounts, with interest, security,
and other terms as agreed to by the local agency and the joint powers
authority.
(b) Notwithstanding any other provision of law, a joint powers
authority established pursuant to a joint powers agreement in
accordance with this chapter may issue bonds pursuant to Article 2
(commencing with Section 6540) or Article 4 (commencing with Section
6584), in order to purchase or acquire, by sale, assignment, pledge,
or other transfer, any or all right, title, and interest of any local
agency in and to the enforcement and collection of delinquent and
uncollected property taxes, assessments, and other receivables that
have been levied by or on behalf of the local agency and placed for
collection on the secured, unsecured, or supplemental property tax
rolls. Local agencies, including, cities, counties, cities and
counties, school districts, redevelopment agencies, and all other
special districts that are authorized by law to levy property taxes
on the county tax rolls, are hereby authorized to sell, assign,
pledge, or otherwise transfer to a joint powers authority any or all
of their right, title, and interest in and to the enforcement and
collection of delinquent and uncollected property taxes, assessments,
and other receivables that have been levied by or on behalf of the
local agency for collection on the secured, unsecured, or
supplemental property tax rolls in accordance with the terms and
conditions that may be set forth in an agreement with a joint powers
authority.
(c) Notwithstanding Division 1 (commencing with Section 50) of the
Revenue and Taxation Code, upon any transfer authorized in
subdivision (b), the following shall apply:
(1) A local agency shall be entitled to timely payment of all
delinquent taxes, assessments, and other receivables collected on its
behalf on the secured, unsecured, and supplemental tax rolls, along
with all penalties, interest, costs, and other charges thereon, no
later than 30 calendar days after the close of the preceding monthly
or four week accounting period during which the delinquencies were
paid by or on account of any property owner.
(2) Upon its receipt of the delinquent taxes, assessments, and
receivables that it had agreed to be transferred, a local agency
shall pay those amounts, along with all applicable penalties,
interest, costs, and other charges, to the joint powers authority in
accordance with the terms and conditions that may be agreed to by the
local agency and the joint powers authority.
(3) The joint powers authority shall be entitled to assert all
right, title, and interest of the local agency in the enforcement and
collection of the delinquent taxes, assessments, and receivables,
including without limitation, its lien priority, its right to receive
the proceeds of delinquent taxes, assessments, and receivables, and
its right to receive all penalties, interest, administrative costs,
and any other charges, including attorney fees and costs, if
otherwise authorized by law to be collected by the local agency.
(4) (A) For any school district that participates in a joint
powers authority using financing authorized by this section and that
does not participate in the alternative method of distribution of tax
levies under Chapter 3 of Division 1 of Part 8 of the Revenue and
Taxation Code, the amount of property tax receipts to be reported in
a fiscal year for the district under subdivision (f) of Section 75.70
of the Revenue and Taxation Code, or any other similar law requiring
reporting of school district property tax receipts, shall be equal
to 100 percent of the school district's allocable share of the taxes
levied for the fiscal year on its behalf. One hundred percent of the
school district's allocable share of the delinquent taxes levied for
the fiscal year, whether or not the delinquent taxes are ever
collected, shall be paid by the joint powers authority to the county
auditor and shall be distributed to the school district by the county
auditor in the same time and manner otherwise specified for the
distribution of tax revenues generally to school districts pursuant
to current law. Any additional amounts shall not be so reported and
may be provided directly to a school district by a joint powers
authority.
(B) A joint powers authority financing delinquent school district
taxes and related penalties pursuant to this subdivision shall be
solely responsible for, and shall pay directly to the county, all
reasonable and identifiable administrative costs and expenses of the
county which are incurred as a direct result of the compliance of the
county tax collector or county auditor, or both, with any new or
additional administrative procedures required for the county to
comply with this subdivision. Where reasonably possible, the county
shall provide a joint powers authority with an estimate of the amount
of and basis for any additional administrative costs and expenses
within a reasonable time after written request for an estimate.
(C) In no event shall the state be responsible or liable for a
joint powers authority's failure to actually pay the amounts required
by subparagraphs (A) and (B), nor shall a failure constitute a basis
for a claim against the state by a school district, county, or joint
powers authority.
(D) The phrase "school district," as used in this section,
includes all school districts of every kind or class, including,
without limitation, community college districts and county
superintendents of school.
(d) The powers conferred by this section upon joint powers
authorities and local agencies shall be complete, additional, and
cumulative to all other powers conferred upon them by law. Except as
otherwise required by this section, the agreements authorized by
this section need not comply with the requirements of any other laws
applicable to the same subject matter.
(e) An action to determine the validity of any bonds issued, any
joint powers agreements entered into, any related agreements,
including, without limitation, any bond indenture or any agreements
relating to the sale, assignment, or pledge entered into by a joint
powers authority or a local agency, the priority of any lien
transferred in accordance with this section, and the respective
rights and obligations of any joint powers authority and any party
with whom the joint powers authority may contract pursuant to this
chapter, may be brought by the joint powers authority pursuant to
Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the
Code of Civil Procedure. Any appeal from a judgment in the action
shall be commenced within 30 days after entry of judgment.
(f) This section shall not be construed to affect the manner in
which an agency participates in or withdraws from the alternative
distribution method established by Chapter 3 (commencing with Section
4701) of Part 8 of Division 1 of the Revenue and Taxation Code.
SEC. 118. Section 19050.8 of the Government Code is amended to
read:
19050.8. The board may prescribe rules governing the temporary
assignment or loan of employees within an agency or between agencies
for not to exceed two years or between jurisdictions for not to
exceed four years for any of the following purposes:
(a) To provide training to employees.
(b) To enable an agency to obtain expertise needed to meet a
compelling program or management need.
(c) To facilitate the return of injured employees to work.
These temporary assignments or loans shall be deemed to be in
accord with this part limiting employees to duties consistent with
their class and may be used to meet minimum requirements for
promotional as well as open examinations. An employee participating
in that arrangement shall have the absolute right to return to his or
her former position. Any temporary assignment or loan of an
employee made for the purpose specified in subdivision (b) shall be
made only with the voluntary consent of the employee.
In addition, out-of-class experience obtained in a manner not
described in this section may be used to meet minimum requirements
for promotional as well as open examinations, only if it was obtained
by the employee in good faith and was properly verified under
standards prescribed by board rule.
For purposes of this section, a temporary assignment or loan
between educational agencies shall be extended for up to two
additional years upon a finding by the Superintendent of Public
Instruction or the Chancellor of the California Community Colleges,
and with the approval of the Executive Officer of the State Personnel
Board, that the extension is necessary in order to substantially
complete work on an educational improvement project. However, the
temporary assignment of any local educator who is performing the
duties of a nonrepresented classification while on loan to a state
education agency may be extended for as many successive two year
intervals as necessary by the Superintendent of Public Instruction or
the Chancellor of Community Colleges with the concurrence of the
local education agency. Public and private colleges and universities
shall be considered educational jurisdictions within the meaning of
this section.
A temporary assignment within an agency or between agencies may be
extended by the board for up to two additional years in order for an
employee to complete an apprenticeship program.
SEC. 119. Section 53095 of the Government Code is amended to read:
53095. The provisions of this article shall prevail over Sections
17215 and 81035 of the Education Code and over Section 65402 of the
Government Code.
SEC. 120. Section 66455.9 of the Government Code is amended to
read:
66455.9. Whenever there is consideration of an area within a
development for a public schoolsite, the advisory agency shall give
the affected districts and the State Department of Education written
notice of the proposed site. The written notice shall include the
identification of any existing or proposed runways within the
distance specified in Section 17215 of the Education Code. If the
site is within the distance of an existing or proposed airport runway
as described in Section 17215 of the Education Code, the department
shall notify the State Department of Transportation as required by
the section and the site shall be investigated by the State
Department of Transportation required by Section 17215.
SEC. 121. Section 104420 of the Health and Safety Code is amended
to read:
104420. The State Department of Education shall provide the
leadership for the successful implementation of this article in
programs administered by local public and private schools, school
districts, and county offices of education. The State Department of
Education shall do all of the following:
(a) Provide a planning and technical assistance program to carry
out its responsibilities under this article.
(b) Provide guidelines for schools, school districts, and school
district consortia to follow in the preparation of plans for
implementation of antitobacco use programs for schoolage populations.
The guidelines shall:
(1) Require the applicant agency to select one or more model
program designs and shall permit the applicant to modify the model
program designs to take special local needs and conditions into
account.
(2) Require the applicant agency to prepare for each target
population to be served a description of the service to be provided,
an estimate of the number to be served, an estimate of the success
rate and a method to determine to what extent goals have been
achieved.
(3) Require plan submissions to include a staffing configuration
and a budget setting forth use and distribution of funds in a clear
and detailed manner.
(c) Prepare model program designs and information for schools,
school districts, consortia, and county offices of education to
follow in establishing direct service programs to targeted
populations. Model program designs shall, to the extent feasible, be
based on studies and evaluations that determine which service
delivery systems are effective in reducing tobacco use and are
cost-effective. The State Department of Education shall consult with
the department, and school districts with existing antitobacco
programs in the preparation of model program designs and information.
(d) Provide technical assistance for schools, school districts,
and county offices of education regarding the prevention and
cessation of tobacco use. In fulfilling its technical assistance
responsibilities, the State Department of Education may establish a
center for tobacco use prevention that shall identify, maintain, and
develop instructional materials and curricula encouraging the
prevention or cessation of tobacco use. The State Department of
Education shall consult with the department and others with expertise
in antitobacco materials or curricula in the preparation of these
materials and curricula.
(e) Monitor the implementation of programs that it has approved
under this article to ensure successful implementation.
(f) Prepare guidelines within 180 days of the effective date of
this article for a school-based program of outreach, education,
intervention, counseling, peer counseling, and other activities to
reduce and prevent smoking among schoolage youth.
(g) Assist county offices of education to employ a tobacco use
prevention coordinator to assist local schools and local public and
community agencies in preventing tobacco use by pupils.
(h) Train the tobacco use prevention coordinators of county
offices of education so that they are:
(1) Familiar with relevant research regarding the effectiveness of
various kinds of antitobacco use programs.
(2) Familiar with department guidelines and requirements for
submission, review, and approval of school-based plans.
(3) Able to provide effective technical assistance to schools and
school districts.
(i) Establish a tobacco use prevention innovation program effort
directed at specific pupil populations.
(j) Establish a competitive grants program to develop innovative
programs promoting the avoidance, abatement, and cessation of tobacco
use among pupils.
(k) Establish a tobacco-free school recognition awards program.
(l) As a condition of receiving funds pursuant to this article,
the State Department of Education, county offices of education, and
school districts shall ensure that they coordinate their efforts
toward smoking prevention and cessation with the lead local agency in
the community where the local school district is located.
(m) (1) Develop, in coordination with the county offices of
education, a formula that allocates funds for school-based,
antitobacco education programs to school districts and county offices
of education for all pupils in grades 4 to 8, inclusive, on the
basis of the average daily attendance (ADA) of pupils. School
districts shall provide tobacco-use prevention instruction for
pupils, grades 4 to 8, inclusive, that address the following
essential topics:
(A) Immediate and long-term undesirable physiologic, cosmetic, and
social consequences of tobacco use.
(B) Reasons that adolescents say they smoke or use tobacco.
(C) Peer norms and social influences that promote tobacco use.
(D) Refusal skills for resisting social influences that promote
tobacco use.
(2) Develop a competitive grants program administered by the State
Department of Education directed at pupils in grades 9 to 12,
inclusive. The purpose of the grant program shall be to conduct
tobacco-use prevention and cessation activities targeted to high-risk
pupils and groups in order to reduce the number of persons beginning
to use tobacco, or continuing to use tobacco. The State Department
of Education shall consult with local lead agencies, the Tobacco
Education and Research Oversight Committee, and representatives from
nonprofit groups dedicated to the reduction of tobacco-associated
disease in making grant award determinations. Grant award amounts
shall be determined by available funds. The State Department of
Education shall give priority to programs, including, but not limited
to, the following:
(A) Target current smokers and pupils most at risk for beginning
to use tobacco.
(B) Offer or refer pupils to cessation classes for current
smokers.
(C) Utilize existing antismoking resources, including local
antismoking efforts by local lead agencies and competitive grant
recipients.
(n) Allocate funds for administration to county offices of
education for implementation of Tobacco Use Prevention Programs. The
funds shall be allocated to all participating county offices of
education at a minimum amount of up to twenty-five thousand dollars
($25,000). If funds appropriated for purposes of allocating at least
twenty-five thousand dollars ($25,000) to all participating county
offices of education are insufficient, the Superintendent of Public
Instruction shall prorate available funds among participating county
offices of education ensuring that all participating county offices
of education receive an equal minimum level of funding of up to
twenty-five thousand dollars ($25,000). If funds are sufficient to
provide all participating county offices of education a minimum of up
to twenty-five thousand dollars ($25,000), the remaining funds shall
be allocated according to the following schedule based on average
daily attendance in the prior year credited to all elementary, high,
and unified school districts, and to the county superintendent of
schools within the county as certified by the Superintendent of
Public Instruction:
(1) For counties with over 550,000 units of average daily
attendance, thirty cents ($0.30) per average daily attendance.
(2) For counties with more than 100,000 and less than 550,000
units of average daily attendance, sixty-five cents ($0.65) per
average daily attendance.
(3) For counties with more than 50,000 and less than 100,000 units
of average daily attendance, ninety cents ($0.90) per average daily
attendance.
(4) For counties with more than 25,000 and less than 50,000 units
of average daily attendance, one dollar ($1) per average daily
attendance.
(5) For counties with less than 25,000 units of average daily
attendance, twenty-five thousand dollars ($25,000).
(o) Allocate funds appropriated by the act adding this subdivision
for local assistance to school districts and county offices of
education based on average daily attendance reported in the second
principal apportionment in the prior fiscal year. Those school
districts and county offices of education that receive one hundred
thousand dollars ($100,000) or more of local assistance pursuant to
this part shall target 30 percent of those funds for allocation to
schools that enroll a disproportionate share of pupils at risk for
tobacco use.
(p) (1) Provide that all school districts and county offices of
education that receive funding under subdivision (o) make reasonable
progress toward providing a tobacco-free environment in school
facilities for pupils and employees.
(2) All school districts and county offices of education that
receive funding pursuant to paragraph (1) shall adopt and enforce a
tobacco-free campus policy no later than July of each fiscal year.
The policy shall prohibit the use of tobacco products, any time, in
district-owned or leased buildings, on district property and in
district vehicles. Information about the policy and enforcement
procedures shall be communicated clearly to school personnel,
parents, pupils, and the larger community. Signs stating "Tobacco
use is prohibited" shall be prominently displayed at all entrances to
school property. Information about smoking cessation support
programs shall be made available and encouraged for pupils and staff.
Any school district or county office of education that does not
have a tobacco-free district policy implemented by July 1, shall not
be eligible to apply for funds from the Cigarette and Tobacco
Products Surtax Fund for that fiscal year. Funds that are withheld
from school districts that fail to comply with the tobacco-free
policy shall be available for allocation to school districts
implementing a tobacco-use prevention education program, pursuant to
subdivision (m).
SEC. 122. Item 6110-104-0001 of Section 2.00 of the Budget Act of
2000 is amended to read:
6110-104-0001--For local assistance, Department of
Education (Proposition 98), Program 10.10.011-
School Apportionments--Remedial Summer School
Programs, for transfer to Section A of the
State School Fund, for summer school and
remedial programs pursuant to legislation to
be enacted in the 1999-00 Regular Session that
becomes operative on or before January 1,
2001.................................... 418,743,000
Schedule:
(a) 10.10.011.003-School Apportionments,
for Remedial Summer School Programs,
for the purposes of Section 42239 of
the Education Code.................. 144,454,000
(b) 10.10.011.004-School Apportionments,
for Core Academic Summer School Pro-
grams, for the purposes of Section
42239 of the Education Code......... 148,102,000
(c) 10.10.0.11.007-School Apportionments,
for Remedial Instruction Programs for
pupils enrolled in grades 2-6, inclusive,
pursuant to Sections 37252.5
and 37252.6 of the Education Code.... 86,187,000
(d) Unallocated Funds .................. 40,000,000
Provisions:
1. Notwithstanding any other provision of law,
the 2000-01 fiscal year the Superintendent
of Public Instruction shall allocate a
minimum of $6,980 for supplemental summer
school programs in each school district for
which the prior fiscal year enrollment was
less than 500 and that, in the 2000-01
fiscal year, offers at least 1,500 hours of
supplemental school instruction. A small
school district, as described above, that
offers less than 1,500 hours of supplemental
summer school offerings shall receive a pro-
portionate reduction in its allocation. For
the purpose of this provision, supplemental
summer school programs shall be defined as pro-
grams authorized under paragraph (2) of sub-
division (f) of Section 42239 of the Education
Code as it read on July 1, 1999.
2. Of the funds appropriated in this item,
$10,467,697 is for the purpose of providing a
cost-of-living adjustment (COLA) to summer
school and remedial programs, in lieu of the
amount that would otherwise be provided pur-
suant to statute.
3. Notwithstanding any other provision of law, the
Director of Finance may, to prevent deficien-
cies in any of the programs funded by the ap-
propriation in this item, use the authority
granted by Section 26.00 of this act to trans-
fer funding between schedules of this item.
4. Notwithstanding any other provision of law, the
rate of reimbursement shall be $3 per hour of
supplemental instruction unless specified
otherwise through legislation enacted in the
1999-2000 Regular Session. The funds in
Schedule (d) shall be contingent on the pas-
sage of that legislation.
5. Notwithstanding any other provision of law, the
Department of Finance may transfer amounts be-
tween Items 6110-104-0001, 6110-204-001, and
6110-205-0001 of this act in order to minimize
deficiencies for any of the programs budgeted
in those items.
SEC. 123. Item 6110-105-0001 of Section 2.00 of the Budget Act of
2000 is amended to read:
6110-105-0001--For local assistance, Department of
Education (Proposition 98), for transfer to
Section A of the State School Fund for the
purposes of Article 1 (commencing with Section
52300) of Chapter 9 of Part 28 of the
Education Code .................................. 337,373,000
Schedule:
(a) 10.10.004-Instruction Program--
School Apportionments, Regional
Occupational Centers and
Programs ........................... 344,690,000
(b) Reimbursements ..................... -7,317,000
Provisions:
1. Notwithstanding any other provision of law, the
funds appropriated in this item are for transfer
by the Controller to Section A of the State
School Fund, in lieu of the amount that otherwise
would be appropriated for transfer from the General
Fund in the State Treasury to Section A of the State
School Fund for the 1999-00 fiscal year pursuant to
Sections 14002 and 14004 of the Education Code, in
an amount as needed for apportionment pursuant to
Article 1 (commencing with Section 52300) of Chapter
9 of Part 28 of the Education Code.
2. Funds appropriated in this item shall be apportioned
by the Superintendent of Public Instruction pursuant
to Article 1.5 (commencing with Section 52335) of
Chapter 9 of Part 28 of the Education Code.
3. Because Chapter 482 of the Statutes of 1984 was
chaptered after Chapter 268 of the Statutes of
1984, the Legislature's intent regarding the
eligibility of regional occupational centers
and programs for incentive funding for a longer
instructional year under Section 46200 of the
Education Code was not carried out. It is the
intent of the Legislature that regional
occupational centers and programs not be eligible for
that incentive funding.
Notwithstanding any other provision of law, the
funds appropriated in this item may not be expended
for the purposes of providing or continuing incentive
funding for a longer instructional year pursuant to
Section 46200 of the Education Code.
4. Notwithstanding any other provision of law, funds
appropriated in this item for average daily attendance
(ADA) generated by participants in welfare-to-work
activities under the CalWORKs program established in
Article 3.2 (commencing with Section 11320) of Chapter 2
of Part 3 of Division 9 of the Welfare and Institutions
Code may be apportioned on an advance basis to local
education agencies based on anticipated units of ADA if
a prior application for this additional ADA funding has
been approved by the Superintendent of Public Instruction.
5. Of the amount appropriated in this item, $1,161,000 is
to fund remedial education services for participants in
welfare-to-work activities under the CalWORKs program.
5.5. Of the funds appropriated in this item, $16,000,000
is to provide equalization of centers and programs and
$16,000,000 is for a rate increase. Both are subject to the
establishment of these activities by legislation, enacted
during the 2000-01 Regular Session, which becomes
effective on or before January 1, 2001.
6. Of the funds appropriated in this item, $6,624,000 is
provided for increases in average daily attendance at a
rate of 2.07 percent and $10,366,000 is for the purpose of
providing a cost-of-living adjustment at a rate of 3.17
percent.
7. Indirect costs charged to Regional Occupational
Centers and Programs may not exceed the school district
or county office of education, as appropriate, prior year
indirect cost rate as approved by the State Department of
Education.
The indirect costs charged by the county office of
education and school districts that provide Regional
Occupational Centers and Programs services on behalf
of the county office of education or a joint powers
authority, when added together, may not exceed the
indirect cost rate approved by the State Department of
Education for the county office of education or the school
district, whichever is higher.
Revenue limit funds apportioned to a county office
of education or school district for Regional Occupational
Centers and Programs must be expended on programs and
services offered by the Regional Occupational Centers
and Programs.
SEC. 124. Item 6110-134-0001 of Section 2.00 of the Budget Act of
2000 is amended to read:
6110-134-0001-For local assistance, Department of Education
(Proposition 98), Program 10-Instruction, for allocation
to local education agencies ..................... 118,650,000
Provisions:
1. The funds appropriated in this item shall be allocated for
purposes of teacher recruitment and retention as specified
in Chapter 70 of the Statutes of 2000.
SEC. 125. Item 6110-151-0001 of Section 2.00 of the Budget Act of
2000 is amended to read:
6110-151-0001--For local assistance, Department
of Education (Proposition 98), for transfer to
Section A of the State School Fund, Program
10.30.050-California Indian Education Centers
established pursuant to Article 6 (commencing
with Section 33380) of Chapter 3 of Part 20 of
the Education Code...................... 3,469,000
Provisions:
1. Of the funds appropriated in this item,
$45,000 is for the purpose of providing
an adjustment for increases in average
daily attendance at a rate of 1.45 per-
cent and $101,000 is for the purpose of
providing a cost-of-living adjustment
(COLA) a rate of 3.17 percent.
SEC. 126. Item 6110-165-0001 of Section 2.00 of the Budget Act of
2000 is amended to read:
6110-165-0001--For local assistance, Department
of Education............................ 7,022,000
Schedule:
(a) 10.70-Vocational Edu-
cation............... 20,868,000
(b) Reimbursements....... -13,846,000
Provisions:
1. $13,846,000 of the funds appropriated in
this item are for the purpose of implemen-
ting the federal Workforce Investment Act.
2. The Superintendent of Public Instruction shall
allocate the funds appropriated in this item to
adult schools, Regional Occupational Centers and
Programs, to school districts operating high
schools, and to county offices of education that
operate alternative programs for high school
youth to support capacity-building activities re-
lated to youth services including, but not limited
to, supporting educational opportunities and de-
velopment of career-technical skills, youth
councils, One-Stop Career Centers, for building
regional collaboratives, for assessing student
outcomes, student performance, retention and
accountability. The Superintendent of Public
Instruction shall give priority in allocating
these funds to support CalWORKS participants
who are eligible for youth services in the
federal Workforce Investment Act.
SEC. 127. Item 6110-495 of Section 2.00 of the Budget Act of 2000
is amended to read:
6110-495--Reversion, Department of Education,
Proposition 98. The following amounts shall re-
vert to the Proposition 98 Reversion Account:
1. $965,330 from Chapter 975 of the Statutes of
1995, as reappropriated by subdivision (a)
of Section 57 of Chapter 330 of the Statutes
of 1998.
2. $70,000,000 from Item 6110-112-0001 of Sec-
tion 2.00 of the Budget Act of 1998 (Ch. 324,
Stats. 1998) as reappropriated pursuant to
Ch. 313, Stats. 1998.
3. $15,221,252 from Item 6110-295-0001 of Sec-
tion 2.00 of the Budget Act of 1998 (Ch. 324,
Stats. 1998).
4. $27,000,000, or whatever lesser or greater
amount reflects the remaining unencumbered
balance after the reappropriation specified
in Item 6110-494(1) of Item 6110-196-0001 of
Section 2.00 of the Budget Act of 1999 (Ch.
50, Stats. 1999), for after school programs.
5. $75,000,000, or whatever lesser or greater
amount reflects the unencumbered balance of
the appropriation specified in Item 6110-
112-0001 of the Budget Act of 1999 (Ch. 50,
Stats. 1999).
6. $5,000,000 or whatever greater or lesser
amounts reflects the unencumbered balance of
the appropriation specified in Item 6110-
211-0001 of the Budget Act of 1999 (Ch. 50,
Stats. 1999).
7. $20,000,000 from the appropriation specified
in Provision 1 of Item 6110-133-0001 of Sec-
tion 2.00 of the Budget Act of 1999 (Ch. 50,
Stats. 1999).
8. $20,600,000 or whatever greater or lesser
amount reflects the unencumbered balance of
the appropriation specified in Schedule (a)
of Item 6110-156-0001 of Section 2.00 of
the Budget Act of 1998 (Ch. 324, Stats. 1998).
9. $40,608,000 from Provision (i) of Item 6110-
485 of Section 2.00 of the Budget Act of 1999
(Ch. 50, Stats. 1999).
10. $380,000 from Provision (d) of Item 6110-485
of Section 2.00 of the Budget Act of 1999
(Ch. 50, Stats. 1999).
SEC. 128. Section 35 of Chapter 71 of the Statutes of 2000 is
amended to read:
Sec. 35. (a) (1) The sum of twenty-five million dollars
($25,000,000) is hereby appropriated from the General Fund for
transfer by the Controller to the Child Care Facilities Revolving
Fund established pursuant to Section 8278.3 of the Education Code.
(2) The sum of one hundred seventy-five million dollars
($175,000,000) is hereby appropriated from the General Fund to the
Secretary for Education for allocation to school districts for high
schools and to charter schools serving any of grades 9 to 12,
inclusive, pursuant to the Education Technology Grant Program
established pursuant to legislation enacted during the 1999-2000
Regular Session. The allocation shall be based on enrollment in
grades 9 to 12, inclusive. Any unencumbered balance on March 15,
2001, of these funds shall be transferred by the Controller to the
Superintendent of Public Instruction for allocation pursuant to the
school district block grant authorized pursuant to Section 39 of this
act. The funds shall be available for allocation pursuant to
subdivision (c) of Section 39 of this act.
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
1999-2000 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code for
the 1999-2000 fiscal year.
SEC. 129. Section 42 of Chapter 71 of the Statutes of 2000 is
amended to read:
Sec. 42. (a) The sum of thirty-three million three hundred
fifty-two thousand dollars ($33,352,000) is hereby appropriated from
the General Fund to the Superintendent of Public Instruction in
accordance with the following schedule:
(1) One hundred thousand dollars ($100,000) for allocation on a
one-time basis to the Hispanic Media Education Group for an
evaluation of the Cada Cabeza Es Un Mundo Latino-Chicano High School
Dropout Prevention Program.
(2) One hundred ten thousand dollars ($110,000) for allocation on
a one-time basis to the Orange County Department of Education for
kitchen facilities at the Katharine Irvine Day School.
(3) Eighty thousand dollars ($80,000) for allocation on a
one-time basis to the Santa Ana Unified School District for
playground equipment for the Romero Cruz Elementary School.
(4) One hundred fifty-five thousand dollars ($155,000) for
allocation on a one-time basis to the Centralia Elementary School
District for playground equipment for the San Marino and Danbrook
elementary schools.
(5) Two hundred thousand dollars ($200,000) for allocation on a
one-time basis to the Long Beach Unified School District for
renovation of the swimming pool at Jordan High School.
(6) Three hundred thousand dollars ($300,000) for allocation on a
one-time basis to the San Francisco Unified School District to expand
instruction in arts education in kindergarten and grades 1 to 5,
inclusive.
(7) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Culver City Unified School District to repair
the track at Culver City High School.
(8) Ten thousand dollars ($10,000) for allocation on a one-time
basis to Los Angeles Unified School District for a
school-based/school-linked health program at Maclay Middle School.
(9) Ten thousand dollars ($10,000) for allocation on a one-time
basis to Los Angeles Unified School District for a
school-based/school-linked health program at Pacoima Middle School.
(10) Fifteen thousand dollars ($15,000) for allocation on a
one-time basis to Raisin City Elementary School District for the
Raisin City library.
(11) Twenty thousand dollars ($20,000) for allocation on a
one-time basis to the Manhattan Beach Unified School District for
purchase of equipment for teaching aids to reduce diversity intensity
and increase cultural awareness at Mira Costa High School.
(12) Fifty thousand dollars ($50,000) for allocation on a one-time
basis to the El Nido Elementary School District for air-conditioning
at El Nido Elementary.
(13) Sixty-two thousand dollars ($62,000) on a one-time basis to
the Hilmar Unified School District for street access at Hilmar High
School.
(14) Seventy-five thousand dollars ($75,000) for allocation on a
one-time basis to the Wasco Union High School District for
air-conditioning for the Wasco High School auditorium.
(15) One hundred thousand dollars ($100,000) for allocation on a
one-time basis to the Los Angeles Unified School District for a
parent education center at the Ligget Elementary School.
(16) One hundred thirty thousand dollars ($130,000) for allocation
on a one-time basis to the San Diego City Unified School District
for an ADA Tot Lot upgrade at the Alcott Elementary School.
(17) One hundred thirty-nine thousand dollars ($139,000) for
allocation on a one-time basis to the Las Deltas Unified School
District for a water well.
(18) Two hundred thousand dollars ($200,000) for allocation on a
one-time basis to the Sunnyvale Elementary School District for
Project H.E.L.P.
(19) Two hundred fifty thousand dollars ($250,000) for allocation
on a one-time basis to the Lamont Elementary School District for
portable classrooms.
(20) Two hundred fifty thousand dollars ($250,000) for allocation
on a one-time basis to the Compton Unified School District for a pool
at Compton High School.
(21) Three hundred fifty thousand dollars ($350,000) for
allocation on a one-time basis to the Fremont Union High School
District for a swimming pool at Fremont High School.
(22) Four hundred fifty thousand dollars ($450,000) for allocation
on a one-time basis to the Los Angeles Unified School District for
the San Fernando High School Health Clinic.
(23) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Baldwin Park Unified School District for the
DREAM project.
(24) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to Montebello Unified School District for natural gas
powered delivery trucks and a natural gas fueling station.
(25) One hundred fifty thousand dollars ($150,000) for allocation
to the Elk Grove Unified School District for a statewide Japanese
language academy.
(26) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Oakland Unified School District for a reading
training program.
(27) Three hundred fifty thousand dollars ($350,000) for
allocation on a one-time basis to the Burbank Unified School District
to continue an innovative literacy program.
(28) Three hundred thousand dollars ($300,000) for allocation on a
one-time basis to the Temple City Unified School District Arts
Academy.
(29) Four hundred thousand dollars ($400,000) for allocation on a
one-time basis to the Alum Rock Union Elementary School District for
a mathematics/science center.
(30) Fifty thousand dollars ($50,000) for allocation on a one-time
basis to the Santa Monica Malibu Unified School District for an
after school youth program at Malibu High School.
(31) One hundred fifty thousand dollars ($150,000) for allocation
on a one-time basis to the Pasadena Unified School District for the
Pasadena Multipurpose Athletic Field.
(32) Two hundred thousand dollars ($200,000) for allocation on a
one-time basis to the Tahoe-Truckee Unified School District for the
North Tahoe Youth Center.
(33) Three hundred sixty thousand dollars ($360,000) for
allocation on a one-time basis to the Santa Barbara High School
District for soccer and baseball fields.
(34) Six hundred seventy-five thousand dollars ($675,000) for
allocation on a one-time basis to the Los Alamitos Unified School
District for reimbursement for class size reduction costs.
(35) Ten million dollars ($10,000,000) for allocation on a
one-time basis to the Alvord Unified School District for construction
costs associated with the Center for Primary Education.
(36) Nine hundred thousand dollars ($900,000) for allocation on a
one-time basis to the Riverside County Office of Education for
purposes of screening and diagnosing pupils for Scotopic Sensitivity
Syndrome.
(37) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Saugus Union Elementary School District for
costs associated with testing air quality in portable classrooms.
(38) Two hundred seventy-five thousand dollars ($275,000) for
allocation on a one-time basis to the Inyo County Office of Education
for facilities costs.
(39) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Calaveras Unified School District for swimming
pool renovations.
(40) Twenty-seven thousand dollars ($27,000) for allocation on a
one-time basis to the Alta-Dutch Flat Union Elementary School
District to provide pupil transportation services.
(41) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Gonzales Unified School District for slough
repair costs.
(42) Two hundred seventy thousand dollars ($270,000) for
allocation on a one-time basis to the Madera Unified School District
for the Madera Safe Schools and Recreation Route.
(43) Four hundred sixty-nine thousand dollars ($469,000) for
allocation on a one-time basis to the Mariposa Unified School
District to offset declining average daily attendance funding.
(44) Five hundred sixty-eight ($568,000) for allocation on a
one-time basis to the Chatom Union Elementary School District to
offset declining average daily attendance funding and to purchase
school buses.
(45) Three million seven hundred thousand dollars ($3,700,000) for
allocation on a one-time basis to the Clovis Unified School District
for the Central Valley Applied Agriculture and Technology Center.
(46) Six hundred thousand dollars ($600,000) for allocation on a
one-time basis to the Orinda Union Elementary School District to
improve pedestrian and vehicle safety.
(47) One hundred twelve thousand dollars ($112,000) for allocation
on a one-time basis to the Alameda County Office of Education for
the Smart Kids, Safe Kids Program.
(48) Four hundred seventy-five thousand dollars ($475,000) for
allocation on a one-time basis to the Millbrae Elementary School
District for declining enrollment.
(49) Four hundred thousand dollars ($400,000) for allocation on a
one-time basis to the Los Angeles Unified School District to renovate
Olive Vista Middle School.
(50) Fifty thousand dollars ($50,000) for allocation on a one-time
basis to the Escalon Unified School District for a new swimming
pool.
(51) One hundred five thousand dollars ($105,000) for allocation
on a one-time basis to the Borrego Springs Unified School District
for a football field facility at the Borrego Springs High School.
(52) One hundred sixty thousand dollars ($160,000) for allocation
on a one-time basis to the Soledad Enrichment Action Charter School
for Operation Y.E.S.
(53) Four hundred fifty thousand dollars ($450,000) for allocation
on a one-time basis to the Del Norte County Unified School District
for construction of the Mountain School multipurpose building.
(54) One hundred thousand dollars ($100,000) for allocation on a
gone-time basis to the L.A.'s Best for afterschool programs.
(55) Five million dollars ($5,000,000) for allocation on a
one-time basis to the Clovis and Fresno Unified School Districts for
the Center for Advanced Research and Technology.
(56) Five hundred thousand dollars ($500,000) for allocation on a
one-time basis to the Los Angeles Unified School District for the
renovation of the San Fernando Middle School auditorium.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a), except the amount specified in paragraph (1),
shall be deemed to be "General Fund revenues appropriated to school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code for the 1999-2000 fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202 of
the Education Code, for the 1999-2000 fiscal year.
SEC. 130. (a) Notwithstanding any other provision of law, average
daily attendance for the Compton Unified School District for the
first principal, second principal, and annual apportionments for the
1999-2000 fiscal year shall be deemed to be the product of 1.0075
multiplied by the average daily attendance reported for the first
principal, second principal, and the annual apportionments for the
1998-99 fiscal year, respectively, as adjusted to reflect any
corrections arising from subsequent audits.
(b) Notwithstanding any other provision of law, all California
Basic Educational Data System (CBEDS) enrollment numbers for the
Compton Unified School District for 1999 shall be deemed to be the
product of 1.0075 multiplied by the October 1998 CBEDS enrollment
numbers for Compton Unified School District.
SEC. 131. Section 26.5 of this bill incorporates amendments to
Section 42238 of the Education Code proposed by both this bill and AB
148. It shall only become operative if (1) both bills are enacted
and become effective on January 1, 2001, (2) each bill amends Section
42238 of the Education Code, and (3) this bill is enacted after AB
148, in which case Section 26 of this bill shall not become
operative.