BILL NUMBER: SB 1667 CHAPTERED 07/05/00 CHAPTER 71 FILED WITH SECRETARY OF STATE JULY 5, 2000 PASSED THE SENATE JUNE 15, 2000 PASSED THE ASSEMBLY JUNE 15, 2000 AMENDED IN ASSEMBLY JUNE 15, 2000 INTRODUCED BY Senator Alpert (Coauthors: Senators Alarcon, Chesbro, Escutia, Hughes, McPherson, O'Connell, Ortiz, Perata, Rainey, Solis, Schiff, and Soto) (Coauthors: Assembly Members Alquist, Aroner, Cedillo, Corbett, Davis, Ducheny, Dutra, Gallegos, Havice, Hertzberg, Honda, Jackson, Kuehl, Longville, Lowenthal, Mazzoni, Pescetti, Reyes, Romero, Scott, Shelley, Steinberg, Strom-Martin, Thomson, Torlakson, Villaraigosa, Washington, Wiggins, Wildman, and Zettel) FEBRUARY 22, 2000 An act to amend Sections 313, 2550, 8278, 10551, 10554, 10555, 32228, 32228.1, 33050, 41203.1, 47652, 48664, 49550.3, 54743, 54744, 54745, 54746, 54747, 54748, 54749, 54749.5, 76300, 87885, and 92820 of, to add Sections 2568, 42238.23, and 52052.3 to, to add and repeal Chapter 5 (commencing with Section 420) of Part 1 of, and to add Chapter 4 (commencing with Section 14550) to Part 9 of, the Education Code, to amend Section 6516.6 of, to add Chapter 3.10 (commencing with Section 15820.80) to Part 10b of Division 3 of Title 2 of, and to add and repeal Section 15820.84 of, the Government Code, and to add Section 10299 to the Public Contract Code, relating to government, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. (Approved by Governor July 5, 2000. Filed with Secretary of State July 5, 2000.) I am signing Senate Bill 1667. However, I am deleting Section 41, reducing the appropriations made in Section 42 by a total of $17,566,000, and reducing the appropriations made in Section 43 by a total of $3,626,000. These appropriations are being eliminated because I have specific concerns with the projects. The specific reductions are as follows: I am deleting Section 41 of this bill, which appropriates $8.9 million for county office of education equalization. This augmentation is being eliminated because the 2000-01 Budget continues discretionary funding increases from previous years for county offices of education and provides an increase of $48,000,000 in discretionary funding by eliminating the county offices of education deficit factor. I am also reducing Section 42 of this bill from $32,852,000 to $15,286,000. 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 Elementary School District for Afternoon Transportation Services, in order to fund higher competing priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (43) of subdivision (a), which allocates $469,000 to the Mariposa Unified School District for declining ADA. As current law provides sufficient provisions to cushion the loss of ADA for school districts, I am reducing this appropriation in order to fund competing higher priorities. I am reducing the appropriation in Section 42 by reducing the amount in paragraph (44) of subdivision (a), from $568,000 to $285,000 for the Chatom Union Elementary School District. The original augmentation included funding for declining ADA and for the purchase of school buses. As current law provides sufficient provisions to cushion the loss of ADA for school districts, I am reducing this appropriation maintaining only the funding for the purchase of school buses. I am reducing the appropriation in Section 42 by eliminating paragraph (45) of subd LEGISLATIVE COUNSEL'S DIGEST SB 1667, Alpert. Education and government. (1) Existing law requires a school district that has one or more pupils who are English learners to assess each pupil's English language development in order to determine the pupil's level of proficiency. Existing law, commencing with the 2000-01 school year, requires the assessment to be conducted upon initial enrollment, and annually, thereafter, on the anniversary of the pupil's initial identification by the school district as being an English learner. This bill would, instead, require that the annual assessment be conducted upon initial enrollment during a period of time determined by the Superintendent of Public Instruction and the State Board of Education. (2) Existing law establishes the English Language Acquisition Program designed for pupils enrolled in grades 4 to 8, inclusive, under which a school district conducts an academic assessment of English language learners, provides a program for English language development instruction, provides supplemental instructional support, and coordinates services and funding sources available to English language learners. This bill, in addition, would establish, until January 1, 2004, the English Language and Intensive Literacy Program for pupils in kindergarten and grades 1 to 12, inclusive. The bill would require the Superintendent of Public Instruction to develop, and the State Board of Education to approve guidelines for implementing the program. The bill would require that at least 90% of the funds received for the program be expended on direct services or materials for English language learners. The bill would require that an independent evaluation of the program be completed and submitted to the appropriate committees of the Legislature. (3) Existing law requires the Superintendent of Public Instruction to make certain computations to determine the amount to be allocated for direct services and other purposes provided by county superintendents of schools and to determine each county superintendent's revenue limit for county superintendent responsibilities and direct services. Existing law requires the Superintendent of Public Instruction to apportion equalization funding for the 1999-2000 fiscal year to certain county offices of education in prescribed amounts. This bill would require the Superintendent of Public Instruction to compute a rate per unit of average daily attendance for the 2000-01 fiscal year for certain county offices of education for purposes of equalizing funding for those county offices of education. (4) Existing law requires child development appropriations to be available for expenditure for 3 years, except that funds remaining unencumbered at the end of the first fiscal year are required to revert to the General Fund. This bill would exempt from the requirement that child development appropriations be available for 3 years appropriations for the After School Learning and Safe Neighborhoods Partnerships Program and for CalWORKs child care. (5) Existing law requires the State Department of Education to convene an advisory committee to the governing board of the County Office Fiscal Crisis and Management Assistance Team on establishing telecommunication standards to support the efficient sharing of school business and administrative information and requires that the advisory committee be disbanded as of December 31, 1995. Existing law, until January 1, 2001, establishes the Educational Telecommunication Fund in order for the governing board to carry out its responsibilities regarding the telecommunication standards and requires that the amount of any offset made to the principal apportionments of school districts because the apportionments were not in accordance with law be deposited in the fund for a maximum deposit of $1,000,000. Existing law requires the governing board to make annual reports to the Governor, the Legislature, the State Board of Education, and the Superintendent of Public Instruction. This bill would delete the date that the committee is required to be disbanded and would change to January 1, 2002, the date upon which the provisions regarding the Educational Telecommunication Fund become inoperative. The bill would also increase the maximum amount that may be annually deposited in the fund to $10,000,000 and require the annual report to be given also to the Department of Finance. (6) Existing law authorizes the revenue limit of a school district to be reduced by the decreased employer contributions to the Public Employees' Retirement System resulting from the enactment of specified legislation and to offset that amount by any increase in those contributions resulting from subsequent changes in employer contribution rates. This bill would, notwithstanding any other provision of law, prohibit excluding, from the calculations of the reduction described above, any persons providing services to local education agencies through use of a joint powers authority involving the local education agencies if those persons would otherwise be considered school employees and subject the local educational agency to the reduction described above. (7) Existing law establishes the Carl Washington School Safety and Violence Prevention Act, which requires the Superintendent of Public Instruction to provide funds to school districts serving pupils in any of grades 8 to 12, inclusive, for the purpose for promoting school safety and reducing schoolsite violence. This bill would expand the School Safety and Violence Prevention program to school districts that serve pupils in kindergarten or any of grades 1 to 12, inclusive. (8) Existing law authorizes the governing board of a school district and a county board of education to request the State Board of Education to waive provisions of the Education Code and implementing regulations adopted by the State Board of Education except certain enumerated provisions and requires the State Board of Education to approve requests for waivers unless the board makes certain findings. This bill, in addition, would prohibit the request for, and the granting of, a waiver of provisions of the Leroy F. Greene School Facilities Act of 1998. (9) Existing law requires, for the 1990-91 fiscal year and each fiscal year thereafter, that moneys to be applied by the state for the support of school districts and community college districts be distributed in accordance with certain calculations. This provision does not apply to the fiscal years between the 1992-93 fiscal year and the 1999-2000 fiscal year, inclusive. This bill would, instead, make this provision inapplicable to the fiscal years between the 1992-93 fiscal year and the 2000-01 fiscal year, inclusive. (10) Existing law establishes the State School Fund, provides for the annual transfer from the fund for support of the public schools, and provides for related financial and compliance audits. Existing law authorizes formation of joint powers authorities for local educational purposes. This bill would prohibit a local education agency from avoiding obligations, or from shifting financial obligations to the state through participation in a joint powers authority. Existing law, regarding determination of the base revenue limit for funding public schools, requires prescribed computations to be made, including, but not limited to, computations regarding employer retirement contributions. This bill would require employees providing services to a joint power authority to be considered school employees for the purposes of these retirement computations. (11) Existing law provides for the establishment of charter schools if certain conditions are met, and establishes a method for funding charter schools. Existing law makes a charter school that is in its first year of operation eligible for certain advance apportionments during the 1999-2000 fiscal year. This bill would make this provision applicable to a charter school in its first year of operation in any fiscal year. (12) Existing law authorizes the governing board of a school district to establish one or more community day schools for expelled, probation referred, school attendance review board referred, or district referred pupils. A school district that operates a community day school receives $4 times the number of hours, not to exceed 2, per schoolday that a community day school pupil remains at the community day school under appropriate supervision. This bill would adjust the $4 amount annually commencing in the 2000-01 fiscal year for inflation. (13) Existing law requires the State Department of Education to provide information and limited financial assistance to encourage school breakfast program startup and expansion into all qualified schools. One eligibility criteria is that 30% of the school enrollment apply and qualify for free and reduced-price meals. Existing law limits the amount of a grant to $10,000 per schoolsite for nonrecurring expenses incurred in initiating school breakfast programs. This bill would authorize the grants also to be awarded for the expansion of school breakfast programs and the initiation and expansion of summer food service programs. The bill would change the eligibility criteria to require that 20% of the school enrollment apply and qualify for free and reduced-price meals. The bill would allow grant funds to be used for computer point-of-service systems and the purchase of vehicles for transporting food. (14) Existing law establishes the Public School Performance Accountability Program consisting of an Academic Performance Index, an Immediate Intervention/Underperforming Schools Program, and a Governor's High Achieving/Improving Schools Program. The Public School Performance Accountability Program requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop the Academic Performance Index (API), consisting of a variety of indicators, including pupil test scores, to be used to measure the performance of schools. This bill would include in the API the test scores of pupils who are in the first year of enrollment in a high school, but who, in the prior year, were enrolled in an elementary school district that normally matriculates to the high school district. (15) Existing law establishes the California School Age Families Education Program (Cal-SAFE), a comprehensive, continuous, and community linked school-based program that focuses on youth development and dropout prevention for pregnant and parenting pupils and on child care and development services for their children for the purpose of improving results for pupils and their children. This bill would delay the transition to the Cal-SAFE program for one year. Existing law requires a county service coordination plan that provides for educational and related support services to pregnant and parenting teens and their children to include certain information that is to be collected according to the zip codes of individuals. This bill would replace tracking by zip code with a method to be determined by the State Department of Education and increase the time in which the county service coordination plan must be submitted to the department. Existing law authorizes the governing board of a school district or county superintendent of schools, individually, or jointly as a consortium, to submit an application to establish and maintain a Cal-SAFE program. This bill would eliminate this authorization as to a consortium of governing boards of school districts or county superintendents of schools, or both. Existing law requires the State Department of Education to submit a report every 5 years to the Joint Legislative Budget Committee and appropriate policy and fiscal committees of the Legislature, commencing March 1, 2004. This bill would require the reports to commence on March 1, 2005. Existing law provides state funding for a school district or county superintendent of schools participating in Cal-SAFE pursuant to a formula based on units of average daily attendance generated by pupils served. Existing law provides for the maintenance and use of state funds received under the Cal-SAFE program. This bill would revise the amount of state funds provided to school districts and county superintendents participating in the Cal-SAFE program and add other related provisions pertaining to the computation of average daily attendance. The bill would authorize school districts and county offices of education to submit claims for a one-time service level exemption from the initial allocation reserved for the program for startup costs for the opening of child care and development sites. The bill would authorize a charter school to participate in Cal-SAFE programs and be eligible for funding. Existing law requires pregnant minors programs that continue to operate as Cal-SAFE programs to continue the actual enrollment and authorizes them to continue to receive certain levels of funding. This bill would authorize those pregnant minors programs to continue to claim funding up to certain amounts and make provisions for county offices of education that choose to retain their pregnant minor program revenue limit rather than convert to Cal-SAFE revenue limits. (16) Existing law requires the waiver of student fees charged by community college districts for students who demonstrate financial need or are otherwise eligible for the waiver. Existing law requires the Board of Governors of the California Community Colleges to allocate to community college districts for determining financial need and delivering student financial aid services an amount based on the amount of fees waived. This bill would require the above allocation to be made based on the number of credit units for which fees are waived, as specified. (17) Existing law requires the Chancellor of the California Community Colleges to apportion to each district that establishes a part-time faculty program, as specified, an amount equal up to 50% of the total costs of the compensation paid for office hours of part-time faculty. This bill would instead require the Chancellor to apportion to each of these districts an amount equal to $1 for every $2 that the district provides in compensation under the program. (18) Existing law established in the Neurology Department at the University of California, San Francisco, a research project on substance abuse that has as its major goal the identification of new pharmaceutical agents to prevent or treat alcohol and drug addiction. Existing law states the intent of the Legislature that dedicated state funding for this research shall be provided for 5 years and be appropriated in the annual Budget Act. This bill would state that it is further the intent of the Legislature that the augmentation of $1,000,000 per year appropriated in the Budget Act of 2000 for this program be used for permanent ongoing support of the program. (19) Existing law authorizes the State Public Works Board, subject to statutory approval, to finance the acquisition of equipment, or construction, renovation, and equipping of facilities, or both, on sites within the University of California, the California State University, the California Maritime Academy, or the community college districts, utilizing lease or lease-purchase agreements. Existing law authorizes the State Public Works Board to finance these projects through the issuance of certificates, revenue bonds, negotiable notes, or bond anticipation notes. This bill would authorize the Regents of the University of California to acquire, design, construct, or renovate acute care hospital buildings on a site or sites owned by, or subject to a lease or option to purchase held by, the regents to implement its seismic safety compliance plan. The bill would authorize, until June 30, 2010, the State Public Works Board to issue up to $600,000,000 in revenue bonds, negotiable notes, or negotiable bond anticipation notes pursuant to specified provisions of existing law to finance the acquisition, design, construction, or renovation of these acute care hospital buildings to implement the seismic safety compliance plan. The bill would authorize the State Public Works Board and the regents to borrow funds for project costs, excluding preliminary plans and working drawings, from the Pooled Money Investment Account. The bill would authorize the board and the regents, upon mutual agreement, to lease any properties of the regents to facilitate the financing authorized by these provisions. (20) 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. This bill would make the authority described in (2) above inoperative through June 30, 2001. (21) Existing law authorizes the Department of General Services to establish the California Multiple Awards Schedule program, which permits state agencies to purchase information technology services from vendors that hold federal contracts. This bill would authorize the Director of General Services to enter a variety of types of contracts for information technology services, including using master agreements, multiple award schedules, cooperative agreements, and other types of agreements. (22) This bill would provide that, notwithstanding any other provision of law, the cost-of-living adjustment for certain education-related items of the Budget Act of 2000 is 3.17% and would provide that these funds are in lieu of the amounts that otherwise would be appropriated. (23) This bill would appropriate $25,000,000 from the General Fund for transfer by the Controller to the Child Care Facilities Revolving Fund and would appropriate $175,000,000 from the General Fund to the Secretary of Education for the Education Technology Grant Program. These funds would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article IV of the California Constitution for the 1999-2000 fiscal year. (24) This bill would appropriate $100,000,000 to the Chancellor of the California Community Colleges to provide one-time grants to districts for the 2000-01 fiscal year. These funds would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 1999-2000 fiscal year. (25) This bill would appropriate $250,000,000 to the Superintendent of Public Instruction for allocation to school districts, county offices of education, and charter schools on a competitive basis to carry out the English Language and Intensive Literacy Program. These funds would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 1999-2000 fiscal year. (26) This bill would appropriate $139,000,000, as a contingency expenditure, to be authorized by the Department of Finance for transfer to the Controller as necessary for the reimbursement of state-mandated cost claims submitted by school districts and county offices of education. These funds would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 1999-2000 fiscal year. (27) This bill would appropriate $425,000,000 from the General Fund for allocation by the Superintendent of Public Instruction for the purpose of providing funds to each regular public school in the state and for each school district, county office of education, and charter school. The allocation to regular public schools would be made on the basis of units of average daily attendance and used in accordance with proposals of schoolsite councils, schoolwide advisory groups, or school support groups, as approved by school district governing boards, as prescribed. The allocation to school districts, county offices of education, and charter schools would be required to be used for school safety, deferred maintenance, technology staff development, education technology connectivity, or facility improvements. These funds would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 1999-2000 fiscal year. (28) The bill would appropriate $350,000,000 from the General Fund, for transfer by the Controller to Section A of the State School Fund, for allocation on a one-time basis by the Superintendent of Public Instruction to school districts, county offices of education, and charter schools for the Academic Performance Index Schoolsite Employees Performance Bonus. As a condition of receiving these funds, a schoolsite would be required to expend 50% of the funds to provide one-time bonuses, to its employees, to be divided equally among all schoolsite employees on a full-time equivalent basis. The other 50% would be used at the discretion of the schoolsite for any one-time purposes. These funds would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 1999-2000 fiscal year. (29) This bill would appropriate $8,900,000 from the General Fund to the Superintendent of Public Instruction for purposes of allocating funds to county offices of education pursuant to provisions relating to the equalization of revenue limits. These funds would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 2000-01 fiscal year. (30) This bill would appropriate $32,852,000 from the General Fund to the Superintendent of Public Instruction for allocations in various amounts on a one-time basis to various county offices of education and school districts for specified purposes. (31) This bill would appropriate $8,567,000 from the General Fund to the Chancellor of the California Community Colleges for allocations in various amounts on a one-time basis to various community college districts and community colleges for specified purposes. The funds appropriated in (30) and this paragraph would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 1999-2000 fiscal year. (32) This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 313 of the Education Code is amended to read: 313. (a) Each school district that has one or more pupils who are English learners shall assess each pupil's English language development in order to determine the level of proficiency for the purposes of this chapter. (b) The State Department of Education, with the approval of the State Board of Education, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to proficient in English. (c) Commencing with the 2000-01 school year, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent of Public Instruction and the State Board of Education. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily utilize the English language development test identified or developed by the Superintendent of Public Instruction pursuant to Chapter 7 (commencing with Section 60810) of Part 33. Prior to completion of the English language development test, a school district shall use either an assessment instrument developed by the school district or an assessment recommended by the State Department of Education. (d) The reclassification procedures developed by the State Department of Education shall utilize multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following: (1) Assessment of language proficiency using an objective assessment instrument, including but not limited to, the English language development test pursuant to Section 60810. (2) Teacher evaluation, including, but not limited to, a review of the pupil's curriculum mastery. (3) Parental opinion and consultation. (4) Comparison of the pupil's performance in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English. (e) It is the intent of the Legislature that nothing in this section precludes a school district or county office of education from testing English language learners more than once in a school year if the school district or county office of education chooses to do so. SEC. 2. Chapter 5 (commencing with Section 420) is added to Part 1 of the Education Code, to read: CHAPTER 5. ENGLISH LANGUAGE AND INTENSIVE LITERACY PROGRAM 420. This chapter shall be known and may be cited as the English Language and Intensive Literacy Program. 421. The English Language and Intensive Literacy Program is hereby established and shall be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction shall develop, and the State Board of Education shall approve, guidelines for implementing this chapter, including, but not limited to, guidelines for reviewing and approving English Learner Literacy grants. 422. (a) A school district, county office of education, or charter school that maintains kindergarten or any of kindergarten or grades 1 to 12, inclusive, may apply for a grant of four hundred dollars ($400) per pupil to operate a program that provides multiple, intensive English language and literacy opportunities for pupils in any one or combination of kindergarten and grades 1 to 12, inclusive, with an emphasis on mastery of English language and literacy skills that will allow pupils to significantly improve achievement in the classroom. Funding for the program established pursuant to this chapter shall be provided in Section 37 of the act adding this chapter. (b) Pupils shall remain eligible for participation in the program established pursuant to this chapter for three calendar months after completing grade 12. (c) The purposes of the program established pursuant to this chapter include, but are not limited to, both of the following: (1) To provide pupils who are experiencing difficulty learning English and difficulty in reading with increased instructional opportunities. (2) To provide stimulating and enriching opportunities for all pupils to increase their English and literacy skills. (d) (1) Instruction provided pursuant to the program shall be consistent with the standards for a comprehensive English language development instruction program that is research-based, as described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259, and shall include all of the following components: (A) The study of organized, systematic, explicit skills, including phonemic awareness, direct, systematic explicit phonics, and decoding skills. (B) A strong literature, language, and comprehension component with a balance of oral and written language. (C) Ongoing diagnostic techniques that inform teaching and assessment. (D) Early intervention techniques. (2) Instruction provided pursuant to the program shall be consistent with state-adopted academic content standards and with the curriculum framework on English language arts and the English language development standards adopted by the State Board of Education. (3) As a condition of receiving funds for this program, participants shall use the English Language Development exam, developed pursuant to Section 60811, to evaluate pupil improvement toward becoming fully English proficient, if this assessment is available. To the extent that the English Language Development exam is not available, participants may use other assessment instruments that measure English language proficiency if the instruments have been proven to be valid and reliable. 423. (a) Except as provided in subdivision (b), intensive English and literacy instruction provided pursuant to this chapter shall be offered four hours per day for six continuous weeks during the summer or intersession. (b) Due to facilities constraints or for other educational reasons, a school may offer intensive instruction before school, after school, on Saturdays, or during intersession, or in a combination of summer school, after school, Saturday, or intersession instruction. Schools that utilize an after-school program to provide these services may establish an age appropriate schedule that still provides 120 hours of instruction. (c) It is the intent of the Legislature that school districts, county offices of education, or charter schools that operate the program established by this chapter utilize credentialed persons and, to the extent possible, persons holding appropriate authorization to teach limited-English pupils. Tutors and other assistants may provide services to English language learners, if they are working under the supervision of instructors who fulfill the requirements of Sections 44830 and 44831, and who may fulfill the requirements of Section 44253.7. Tutors and other assistants serving English language learners under this chapter shall also have appropriate training in the teaching of English language learners. (d) Notwithstanding Section 49550 or any other provision of law, a school district, county office of education, or charter school that operates a program pursuant to this chapter is not required to provide a meal or snack to pupils participating in the program. 424. (a) Any school district, county office of education, or charter school that serves English language learners may apply for funding under this chapter if they submit an application and a plan that meets the requirements set forth in subdivision (b) and certifies the English language learners are participating in the program outlined in the school plan. (b) The application submitted pursuant to subdivision (a) for program participation shall include a plan for a classroom-based program of intensive English language instruction that will provide 120 hours of language and literacy instruction to English language learners enrolled in kindergarten or any of grades 1 to 12, inclusive, that is modeled after the intensive reading program, as authorized by Article 1 (commencing with Section 53025) of Chapter 16 of Part 28, including: (1) The number and percentage of English language learners in the participating schools. (2) The proposed schedule for providing 120 hours of instruction. Class schedules should be offered during summer, intersession breaks, after school, Saturdays or during the evening. (3) A proposed program budget and a proposal that specifies the type of information that will be provided to the State Department of Education to verify that services were provided to English language learners. (c) School districts, county offices of education, or charter schools that receive funding pursuant to this chapter shall spend at least 90 percent of program funds received for direct services or instructional materials for English language learners. (d) To the extent possible, the Superintendent of Public Instruction shall provide a mix of grants to elementary schools, middle schools, and high schools in order to ensure that the results of the evaluation are applicable to all grade levels. (e) Applications from prospective program participants shall be received by October 1, 2000. (f) To the extent funding is available in subsequent years, applications must be received by October 1, and annually thereafter. 425. (a) The Superintendent of Public Instruction, with input from the Legislative Analyst's office, the Office of the Secretary of Education, and the Department of Finance, shall contract with an independent evaluator for the purpose of determining the effectiveness of this program, including, but not limited to, improving English language proficiency and identifying the most effective practices for teaching English language learners. The evaluation shall be submitted to the appropriate legislative committees, on or before November 1, 2003. If funds are needed for this purpose, it is the intent of the Legislature that funds be appropriated for this purpose in the annual Budget Act. (b) The State Department of Education shall provide interim reports to the Legislature that include, but are not limited to, the following: (1) The amount of funding allocated. (2) The number of schools participating in the program. (3) The number of English language learners participating in this program. (c) The first interim report is due March 1, 2001. The second interim report is due March 1, 2002. The final interim report is due March 1, 2003. However, these interim reports shall only be required if funds are available for allocation for this program. 426. (a) The State Librarian, with input from the Legislative Analyst's office, the Office of the Secretary of Education, and the Department of Finance, shall contract with an independent evaluator to evaluate the portion of the English Language and Intensive Literacy Program that is administered by the State Library, as listed in Item 6120-212-0001 of Section 2.00 of the Budget Act of 2000. The evaluation shall determine the effectiveness of this program, including, but not limited to, improving English language proficiency and identifying the most effective practices for teaching English language learners and their families in improving English language proficiency. (b) The State Librarian shall provide interim reports to the Legislature that include, but are not limited to, the following: (1) The amount of funding allocated. (2) The number of libraries or schools participating in the program. (3) The number of English language learners participating in this program. (4) The number of parents participating in the program. (c) The first report is due March 1, 2001. The second report is due March 1, 2002. The final interim report is due March 1, 2003. However, these reports shall be required only if funds are available for allocation for this program. 427. (a) It is the intent of the Legislature that data developed through the English Language and Intensive Literacy Program be used to inform curriculum, instruction, assessment, research, and teacher preparation programs regarding use of the most effective practices for teaching English language learners. (b) It is the intent of the Legislature that, once the most effective programs and processes have been identified, schools be required to incorporate those effective practices into the regular classroom instruction as a condition of receiving funds pursuant to Section 404. (c) It is further the intent of the Legislature that this program be administered consistent with research-based strategies for teaching English language learners, as well as the English language for immigrant children, set forth in Chapter 3 (commencing with Section 300), as applicable. 428. This chapter shall become inoperative on July 1, 2003, and as of January 1, 2004, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2004, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 3. Section 2550 of the Education Code is amended to read: 2550. For each fiscal year, the Superintendent of Public Instruction shall make the following computations to determine the amount to be allocated for direct services and other purposes provided by county superintendents of schools: (a) For programs operated pursuant to subdivision (a) of Section 14054, the Superintendent of Public Instruction shall: (1) Determine the allowances that county superintendents received per unit of average daily attendance in the prior fiscal year. The Superintendent of Public Instruction shall increase each amount by a percentage equal to the inflation allowance calculated for the current fiscal year pursuant to Section 2557. (2) Multiply each amount determined in paragraph (1) by the actual number of units of average daily attendance in the prior fiscal year for programs maintained by each county superintendent. For purposes of this paragraph, the number of units of average daily attendance shall include only units generated by elementary districts with less than 901 units of average daily attendance, high school districts with less than 301 units of average daily attendance, and unified school districts with less than 1,501 units of average daily attendance within each county superintendent's jurisdiction. (b) For programs operated pursuant to subdivision (b) of Section 14054, the Superintendent of Public Instruction shall: (1) (A) For the 1999-2000 fiscal year, determine the rate per unit of average daily attendance calculated for each county office of education pursuant to subdivision (b) of Section 2567 and increase each rate by a percentage equal to the inflation allowance calculated in Section 2557. (B) For the 2000-01 fiscal year, determine the rate per unit of average daily attendance calculated for each county office of education pursuant to subdivision (b) of Section 2568 and increase each rate by a percentage equal to the inflation allowance calculated in Section 2557. (C) For the 2001-02 fiscal year and each fiscal year thereafter, determine the allowances that county superintendents received per unit of average daily attendance in the prior fiscal year. The Superintendent of Public Instruction shall increase each amount by a percentage equal to the inflation allowance calculated for the current fiscal year pursuant to Section 2557. (2) Multiply each amount determined in paragraph (1) by the units of average daily attendance in the current fiscal year for programs for kindergarten and grades 1 to 12, inclusive, maintained by each county superintendent. For the purposes of this paragraph, average daily attendance shall include only the total units of average daily attendance credited to all elementary, high school, and unified school districts within each county superintendent's jurisdiction and to the county superintendent. SEC. 4. Section 2568 is added to the Education Code, to read: 2568. (a) To compute, pursuant to subdivision (b), a rate per unit of average daily attendance for county offices of education for the 2000-01 fiscal year, the Superintendent of Public Instruction shall use the amounts listed below, which amounts shall be used for the purposes of school accountability, pursuant to Chapter 3 of the Statutes of the 1999-2000 First Extraordinary Session; the high school exit examination, pursuant to Chapter 1 of the Statutes of the 1999-2000 First Extraordinary Session; peer assistance and review, pursuant to Chapter 4 of the Statutes of the 1999-2000 First Extraordinary Session; reading development and early intervention, pursuant to Chapter 2 of the Statutes of the 1999-2000 First Extraordinary Session; schoolsite safety, pursuant to Chapter 51 of the Statutes of 1999; education technology, pursuant to Chapter 650 of the Statutes of 1994; and fiscal accountability and oversight, pursuant to Chapter 1213 of the Statutes of 1991 and Chapter 650 of the Statutes of 1994: Alameda ............................. $ 214,455 Butte ............................... 40,092 Calaveras ........................... 37,078 Colusa .............................. 36,508 Contra Costa ........................ 534,659 El Dorado ........................... 44,037 Fresno .............................. 825,455 Glenn ............................... 12,847 Humboldt ............................ 47,121 Imperial ............................ 200,468 Kern ................................ 43,638 Kings ............................... 100,296 Lassen .............................. 18,138 Los Angeles ......................... 2,225,005 Madera .............................. 93,180 Merced .............................. 99,068 Nevada .............................. 51,991 Orange .............................. 553,780 Placer .............................. 906 Sacramento .......................... 749,990 San Benito .......................... 42,240 San Bernardino ...................... 767,187 San Joaquin ......................... 430,828 Shasta .............................. 70,202 Solano .............................. 355,421 Stanislaus .......................... 413,666 Sutter .............................. 99,896 Tehama .............................. 44,241 Trinity ............................. 5,715 Tulare .............................. 526,149 Tuolumne ............................ 30,811 Ventura ............................. 112,267 Yolo ................................ 47,383 Yuba ................................ 45,282 __________ $8,900,000 (b) For purposes of subparagraph (A) of paragraph (1) of subdivision (b) of Section 2550, the Superintendent of Public Instruction shall compute a rate per unit of average daily attendance for each county office of education as follows: (1) For each county office of education, the sum of the following amounts: (A) The amount, if any, listed for the county office of education in subdivision (a) to the extent an appropriation is provided for this purpose. (B) The amounts received by the county office of education in the 1999-2000 fiscal year for the apportionments set forth in paragraph (1) of subdivision (c) of Section 2561. (2) Divide the amount computed pursuant to paragraph (1) by the 1999-2000 countywide average daily attendance. SEC. 5. Section 8278 of the Education Code is amended to read: 8278. (a) Notwithstanding any other provision of law, child development appropriations, with the exception of funds appropriated for the After School Learning and Safe Neighborhoods Partnerships Program pursuant to Article 22.5 (commencing with Section 8482) and for CalWORKs child care pursuant to Sections 8353 and 8354, shall be available for expenditure for three years, except that funds remaining unencumbered at the end of the first fiscal year shall revert to the General Fund. (b) The Superintendent of Public Instruction shall establish criteria and procedures for the reallocation of unearned contract funds in the second and third years of availability, in accordance with the following priorities: (1) First, for the accounts payable of the State Department of Education. (2) Second, to reimburse alternative payment programs for the provision of additional services, in accordance with Section 8222.1. (3) Third, for one-time expenditures that will benefit children in subsidized child care, which include, but are not limited to, the purchase of materials approved by the State Department of Education for deferred and major maintenance of existing facilities, respite care, and implementation of capacity building activities, which include new facilities, training, and technical assistance. Notwithstanding any other provision of law, the allocation for these one-time expenditures may not be made unless approved in the annual Budget Act. SEC. 6. Section 10551 of the Education Code is amended to read: 10551. (a) For purposes of this chapter, "governing board" means the governing board set forth in subdivision (b) of Section 42127.8. (b) It is the intent of the Legislature that Section 10550 be implemented by the governing board. (c) The governing board shall be supported by a team of persons having extensive experience in the development of telecommunications systems, local and statewide area computer networks, as well as knowledge of the data and system needs of school business and administration. This team shall be operated under the immediate direction and supervision of an appropriate county superintendent of schools selected, in response to an application process, by the Superintendent of Public Instruction. (d) The State Department of Education shall convene a committee of volunteers, to advise the governing board. This committee shall be composed of individuals who are school district or county office of education personnel and who have knowledge of financial and administrative data processing matters. Members of the committee shall assume their own expenses for service on the committee, and the state shall not provide reimbursement for either the time served by, or the expenses of, the committee members. Two individuals shall be appointed to the committee by each of the following: (1) The president of the California Association of School Business Officials. (2) The president of the Association of California School Administrators. (3) The president of the California School Boards Association. (4) The president of the California Educational Data Processing Association. (5) The Superintendent of Public Instruction. SEC. 7. Section 10554 of the Education Code is amended to read: 10554. (a) In order for the governing board to carry out its responsibilities pursuant to this chapter, there is hereby established the Educational Telecommunication Fund. The amount of moneys to be deposited in the fund shall be the amount of any offset made to the principal apportionments made pursuant to Sections 1909, 2558, 42238, 52616, Article 1.5 (commencing with Section 52335) of Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section 56836) of Part 30, based on a finding that these apportionments were not in accordance with law. The maximum amount that may be annually deposited in the fund from the offset shall be ten million dollars ($10,000,000). The Controller shall establish an account to receive and expend moneys in the fund. The placement of the moneys in the fund shall occur only upon a finding by the Superintendent of Public Instruction and the Director of Finance that the principal apportionments made pursuant to Sections 1909, 2558, 42238, 52616, and Article 1.5 (commencing with Section 52335) of Chapter 9 of Part 28, and Chapter 7.2 (commencing with Section 56836) of Part 30 were not in accordance with existing law and were so identified pursuant to Sections 1624, 14506, 41020, 41020.2, 41320, 42127.2, and 42127.3, or an independent audit that was approved by the State Department of Education. (b) Moneys in the fund established pursuant to subdivision (a) shall only be available for expenditure upon appropriation by the Legislature in the Budget Act. (c) The moneys in the fund established pursuant to subdivision (a) may be expended by the governing board to carry out the purposes of this chapter, including for the following purposes: (1) To support the activities of the team established pursuant to subdivision (c) of Section 10551. (2) To assist the school districts and county superintendents of schools in purchasing both hardware and software to allow school districts, county superintendents of schools, and the State Department of Education to be linked for school business and administrative purposes. The governing board shall establish a matching share requirement that applicant school districts and county superintendents of schools must fulfill to receive those funds. It is the intent of the Legislature to encourage the distribution of grants to school districts and county superintendents of schools to the widest extent possible. (3) To provide technical assistance through county offices of education to school districts in implementing the standards established pursuant to subdivision (a) of Section 10552. (d) This section shall become inoperative as of January 1, 2002. SEC. 8. Section 10555 of the Education Code is amended to read: 10555. By March 15 of each year, the governing board shall report to the Governor, the Legislature, the State Board of Education, the Superintendent of Public Instruction, and the Department of Finance on the progress that has been made to meet the objectives of this chapter, the status of activities related to meeting the objectives of this chapter, and any plan of the governing board for subsequent fiscal years to meet the objectives of this chapter. SEC. 9. Chapter 4 (commencing with Section 14550) is added to Part 9 of the Education Code, to read: CHAPTER 4. RETENTION OF LOCAL OBLIGATIONS 14550. (a) Notwithstanding any other provision of law, a local education agency's obligations pursuant to law may not be avoided through participation in a joint powers authority. (b) A local education agency's financial obligations to the state may not be avoided through participation in a joint powers authority. (c) A local education agency's participation in a joint powers authority may not relieve the local education agency of any financial obligation or responsibility in such a way as to shift costs or liability to the state unless the state entity undertaking the obligation is a party to the joint powers agreement and expressly agrees in the agreement to undertake the obligation. (d) A local educational entity retains ultimate responsibility over its obligations in case of default by a joint powers authority in which it participates. SEC. 10. Section 32228 of the Education Code is amended to read: 32228. (a) It is the intent of the Legislature that public schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, have access to supplemental resources to establish programs and strategies that promote school safety and emphasize violence prevention among children and youth in the public schools. (b) It is further the intent of the Legislature that schoolsites receiving funds pursuant to this article accomplish all of the following goals: (1) Teach pupils techniques for resolving conflicts without violence. (2) Train school staff and administrators to support and promote conflict resolution and mediation techniques for resolving conflicts between and among pupils. (3) Reduce incidents of violence at the schoolsite. SEC. 11. Section 32228.1 of the Education Code is amended to read: 32228.1. (a) The School Safety and Violence Prevention Act is hereby established. This statewide program shall be administered by the Superintendent of Public Instruction, who shall provide funds to school districts serving pupils in kindergarten or any of grades 1 to 12, inclusive, for the purpose of promoting school safety and reducing schoolsite violence. As a condition of receiving funds pursuant to this article, an eligible school district shall certify, on forms and in a manner required by the Superintendent of Public Instruction, that the funds will be used as described in this section. (b) From funds appropriated in the annual Budget Act or any other measure, funds shall be allocated to school districts on the basis of prior year enrollment, as reported by the California Basic Educational Data System, of pupils in kindergarten or any of grades 1 to 12, inclusive, for any one or more of the following purposes: (1) Providing schools with personnel, including, but not limited to, licensed or certificated school counselors, school social workers, school nurses, and school psychologists, who are trained in conflict resolution. Any law enforcement personnel hired pursuant to this article shall be trained and sworn peace officers. (2) Providing effective and accessible on-campus communication devices and other school safety infrastructure needs. (3) Establishing an in-service training program for school staff to learn to identify at-risk pupils, to communicate effectively with those pupils, and to refer those pupils to appropriate counseling. (4) Establishing cooperative arrangements with local law enforcement agencies for appropriate school-community relationships. (5) For any other purpose that the school or school district determines that would materially contribute to meeting the goals and objectives of current law in providing for safe schools and preventing violence among pupils. SEC. 12. Section 33050 of the Education Code 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) and Chapter 6.8 (commencing with Section 52080) 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. 13. Section 41203.1 of the Education Code is amended to read: 41203.1. (a) For the 1990-91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for the purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for the purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989-90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution. (b) If the single calculation made pursuant to Section 41203 yields a guaranteed amount of funding that is less than the sum of the amounts calculated pursuant to subdivision (a), then the amount calculated pursuant to Section 41203 shall be prorated for the three segments of public education. (c) Notwithstanding any other provision of law, this section shall not apply to the fiscal years between the 1992-93 fiscal year and the 2000-01 fiscal year, inclusive. SEC. 14. Section 42238.23 is added to the Education Code, to read: 42238.23. Notwithstanding any other provision of law, persons providing services to local education agencies through use of a joint powers authority involving the local education agency who would, in absence of the joint powers authority, otherwise be considered school employees and subject to the Public Employees' Retirement System rate reduction to revenue limits authorized in Section 42238, shall not be excluded from the calculations of the Public Employees' Retirement System reduction authorized in that section. SEC. 15. Section 47652 of the Education Code is amended to read: 47652. Notwithstanding Section 41330, a charter school in its first year of operation shall be eligible to receive funding for the advance apportionment based on an estimate of average daily attendance for the current fiscal year, as approved by the local educational agency that granted its charter and the county office of education in which the charter-granting agency is located. Not later than five business days following the end of the first 20 school days, a charter school receiving funding pursuant to this section shall report to the Department of Education its actual average daily attendance for that first month, and the Superintendent of Public Instruction shall adjust immediately, but not later than 45 days, the amount of its advance apportionment accordingly. SEC. 16. Section 48664 of the Education Code 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 2000-01 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. 17. Section 49550.3 of the Education Code is amended to read: 49550.3. (a) Because a hungry child cannot learn, the Legislature intends, as a state nutrition and health policy, that the School Breakfast Program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. (b) The State Department of Education shall, in cooperation with school districts and county superintendents of schools, provide information and limited financial assistance to encourage program startup and expansion into all qualified schools, as follows: (1) Provide information to school districts and county superintendents of schools concerning the benefits and availability of the School Breakfast Program. (2) Each year, provide additional information and financial assistance to schools in the state, selected on the following criteria: (A) Twenty percent or more of the school enrollment consists of children who have applied and qualify for free and reduced-price meals. (B) The school has not been awarded federal startup funds to initiate a school breakfast program or a summer food service program. (c) The department shall award grants of up to fifteen thousand dollars ($15,000) per schoolsite on a competitive basis to school districts, county superintendents of schools, or entities approved by the State Department of Education, limited to an amount subject to budget appropriations each fiscal year, for nonrecurring expenses incurred in initiating or expanding a school breakfast program under this section or a summer food service program pursuant to Article 10.7 (commencing with Section 49547). (d) Grants awarded under this section shall be used for nonrecurring costs of initiating or expanding a school breakfast program or a summer food service program, including the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize new or expanded school breakfast programs or summer food service programs, minor alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools. Funds may not be used for salaries and benefits of staff, food, computers, except computer point-of-service systems, or capital outlay. (e) In making grant awards under this section in any fiscal year, the department shall give a preference to school districts and county superintendents of schools that do all of the following: (1) Submit to the department a plan to start or expand school breakfast programs or summer food service programs in the district or the county, including a description of the following: (A) The manner in which the district or county will provide technical assistance and funding to schoolsites to expand those programs. (B) Detailed information on the nonrecurring expenses needed to initiate a program. (C) Public or private resources that have been assembled to carry out expansion of these programs during that year. (2) Agree to operate the breakfast program or the summer food service program for a period of not less than three years. (3) Assure that the expenditure of funds from state and local resources for the maintenance of the breakfast program or the summer food service program shall not be diminished as a result of grant awards received under this section. SEC. 18. Section 52052.3 is added to the Education Code, to read: 52052.3. Test scores of pupils who are in the first year of enrollment in a high school, but who, in the prior year, were enrolled in an elementary school district that normally matriculates to the high school district, shall be included in the Academic Performance Index, as provided in Section 52052. SEC. 19. Section 54743 of the Education Code is amended to read: 54743. For the purposes of this chapter, the following definitions shall apply: (a) "Case management" means a process that ensures that the pupil and child receive identified needed services in an efficient, supportive, and cost-effective manner. The process is interactive, pupil-centered, culturally appropriate, and goal-oriented. (b) "Child care and development program" means developmentally appropriate learning activities for the children of enrolled teen parents that are provided when the child's teen parent is, or parents are, participating in a school-approved activity both during and outside the school day. (c) "Intake process" means the interactive process upon entry into the Cal-SAFE program through which academic and service needs are inventoried and demographic data are collected. (d) "Interventions" means services needed to correct or ameliorate a pupil's health, psychosocial, educational, vocational, daily living, or economic problems, which may impede the pupil from achieving the program goals. (e) "Local education agency" means a school district or county office of education. (f) "Support services" means services, as referenced in subdivision (b) of Section 54746, that will enhance the academic ability of the enrolled pupil in order for her or him to earn a high school diploma or its equivalent and for healthy development of their children. (g) "Title IX of the Education Amendments of 1972 Regulations" refers to federal Public Law 92-318 and the regulations set forth in Section 106.1 and following of Title 34 of the Code of Federal Regulations, which prohibit discrimination against pupils, among other things, because of their pregnant or parenting status. SEC. 20. Section 54744 of the Education Code is amended to read: 54744. (a) It is the intent of the Legislature that communities implementing new programs or initiatives connect with existing program strategies and build upon existing local collaboratives, when possible, to provide a unified integrated system of service for children and families. (b) No application for participation in the Cal-SAFE program is complete unless each county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, have developed a county service coordination plan for providing educational and related support services to pregnant and parenting teens and their children. (c) The county service coordination plan shall include, at a minimum, all of the following information: (1) Incidence of live births to teen mothers by a method to be determined by the State Department of Education. (2) Incidence of pregnant and parenting pupils receiving welfare aid by a method to be determined by the State Department of Education. (3) Incidence of low birth weight children born to teen mothers by a method to be determined by the State Department of Education. (4) Educational alternatives for pregnant and parenting teens. (5) Child care and development resources for the children of teen parents. (6) Public and private resources providing support services necessary for pregnant and parenting teens to achieve academically. (7) Gaps and overlaps in educational and support services for pregnant and parenting pupils and their children. (8) Proposed strategies to address identified gaps and overlaps in services. (d) The county service coordination plan shall be submitted to the State Department of Education no later than June 1, 2000. (e) If the county service coordination plan is not submitted to the State Department of Education by June 1, 2000, a local education agency may only operate a Cal-SAFE program on an interim basis until January 1, 2001. (f) The county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, shall annually review the county service coordination plan, update the plan as needed, disseminate the revised plan to superintendents of school districts within its jurisdiction, and submit a copy of the revised plan to the State Department of Education. SEC. 21. Section 54745 of the Education Code is amended to read: 54745. (a) In the administration of the Cal-SAFE program, the following provisions shall apply: (1) Participation by a school district or county superintendent of schools in the Cal-SAFE program is voluntary. (2) The governing board of a school district or county superintendent of schools may submit an application to the State Department of Education in the manner, form, and date specified by the department to establish and maintain a Cal-SAFE program. (3) A school district or county superintendent of schools approved to implement the Cal-SAFE program shall be funded as one program to be operated at one or multiple sites depending upon the need within the service area. (4) Notwithstanding any other provision of law, a school district or county superintendent of schools operating, by October 1, 1999, a School Age Parent and Infant Development Program pursuant to Article 17 (commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant Minors Program pursuant to Chapter 6 (commencing with Section 8900) of Part 6 and Section 2551.3, or a Pregnant and Lactating Students Program pursuant to Sections 49553 and 49559, as those provisions existed prior to the operative date of the act that adds this article, or any combination thereof, that chooses to participate in the Cal-SAFE program shall have priority for Cal-SAFE program funding for an amount up to the dollar amount provided to each school district or county superintendent of schools under those provisions in the fiscal year prior to participation in the Cal-SAFE program, provided that an application is submitted and approved. (5) If a school district or county superintendent of schools operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof, chooses not to participate in the Cal-SAFE program, it is the intent of the Legislature that the funding it would have received for the operation of those programs shall be redirected to the Cal-SAFE program and the school district or county superintendent of schools may apply in a subsequent school year to operate a Cal-SAFE program. (6) A school district or county superintendent of schools that terminates its Cal-SAFE program may reapply to establish a Cal-SAFE program. (7) In order to continue implementation of the Cal-SAFE program beyond the initial three years of funding, each funded agency shall be reviewed by the department to determine progress towards achieving the goals set forth in Section 54742. Thereafter, funded agencies shall be reviewed and reauthorized every five years based upon a process determined by the department to continue implementation of a Cal-SAFE program. (b) All of the following requirements shall apply to an application for the Cal-SAFE program: (1) The governing board of a participating local education agency shall adopt a policy or resolution declaring its commitment to provide a comprehensive, continuous, community-linked program for pregnant and parenting pupils and their children that reflects the cultural and linguistic diversity of the community. (2) The local education agency shall provide assurance for participation in the development of the County Service Coordination Plan as described in Section 54744. (3) A school district or county superintendent of schools shall agree to participate in the data collection and evaluation of the Cal-SAFE program. (c) To implement a Cal-SAFE program, the funded school district, or county superintendent of schools shall meet all of the following criteria: (1) Be in compliance with Title IX of the Education Amendments of 1972 Regulations. (2) Ensure that enrolled pupils retain their right to participate in the regular school or educational alternative programs. School placement and instructional strategies shall be based upon the needs and styles of learning of the individual pupils. The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the individual parent, child, or both. (3) Enroll pupils into the Cal-SAFE program on an open entry and open exit basis. (4) Provide a quality education program to pupils in a supportive and accommodating learning environment with appropriate classroom strategies to ensure school access and academic credit for all work completed. (5) Provide a parenting education and life skills class to enrolled pupils. (6) Make maximum utilization of available programs and facilities to serve pregnant and parenting pupils and their children. (7) Provide a quality child care and development program for the children of enrolled teen parents located on or near the schoolsite. (8) Make maximum utilization of its local school food service program. (9) Provide special school nutrition supplements, as defined by subdivision (b) of Section 49553, to pregnant and lactating pupils. (10) Enter into formal partnership agreements, as necessary, with community-based organizations and other governmental agencies to assist pupils in accessing support services. (11) Provide staff development and community outreach in order to establish a positive learning environment and school policies supportive of pregnant and parenting pupils' academic achievement and to promote the healthy development of their children. (12) Maintain an annual program budget and expenditure report to document that funds are expended pursuant to Section 54749. (13) Assess no fees to enrolled pupils or their families for services provided through the Cal-SAFE program. (14) Establish and maintain a data base in the manner and form prescribed by the State Department of Education for purposes of program evaluation. SEC. 22. Section 54746 of the Education Code is amended to read: 54746. (a) In meeting the goals of the program and responding to the individual needs and differences of pupils and their children to be served, the funded agency shall complete an intake procedure regarding each pupil and child upon entry into the program and periodically as needed thereafter. (b) Based upon the information provided during the intake procedure pursuant to subdivision (a), the funded agency shall determine appropriate levels and types of services to be provided. These services may not duplicate services currently provided to the pupil by a local Adolescent Family Life Program or Cal-Learn program. In addition to an academic program that meets district standards, necessary support services for pupils shall be funded by the calculation pursuant to paragraph (1) of subdivision (a) of Section 54749. Allowable expenditures for support services are as follows: (1) Parenting education and life skills class. (2) Perinatal education and care, including childbirth preparation. (3) Safe home-to-school transportation. (4) Case management services. (5) Comprehensive health education including reproductive health care. (6) Nutrition education, counseling, and meal supplements. (7) School safety and violence prevention strategies targeted to pregnant and parenting teens and their children. (8) Academic support and youth development services, such as tutoring, mentoring, and community service internships. (9) Career counseling, preemployment skills, and job training. (10) Substance abuse prevention education, counseling, and treatment services. (11) Mental health assessment, interventions, and referrals. (12) Crisis intervention counseling services, including suicide prevention. (13) Peer support groups and counseling. (14) Family support and development services, including individual and family counseling. (15) Child and domestic abuse prevention education, counseling, and services. (16) Enrichment and recreational activities, as appropriate. (17) Services that facilitate transition to postsecondary education, training, or employment. (18) Support services for grandparents, siblings, and fathers of babies who are not enrolled in the Cal-SAFE program. (19) Outreach activities to identify eligible pupils and to educate the community about the realities of teen pregnancy and parenting. (c) The funded agency shall provide child care and development program services located on or near the schoolsite for the children of teen parents enrolled in the Cal-SAFE program. Program services shall be funded by the revenue generated pursuant to paragraph (2) of subdivision (a) of Section 54749. (1) Participation in the child care and development component of the Cal-SAFE program shall be voluntary. (2) There is no minimum age for enrollment, but the child shall be eligible for enrollment in the child care and development component until the age of five years or the child is enrolled in kindergarten, whichever occurs first, as long as the teen parent is enrolled in the Cal-SAFE program. (3) Each child shall have a health evaluation form signed by a physician, or his or her designee, before the child is allowed on the school campus or is enrolled in the child care and development program. Health screening and immunizations shall not be required when the custodial parent annually files a written request as provided for in Section 49451 and Section 120365 of the Health and Safety Code. (4) A developmental profile shall be maintained for each infant, toddler, and child. This development profile shall be utilized by the program staff to design a program that meets the infant's, toddler's, or child's developmental needs. (5) The arrangement of the child care site environment shall be safe, healthy, and comfortable for children and staff, easily maintained, and appropriate for meeting the developmental needs of the individual child. Child care sites shall meet the health and safety requirements specified in Chapter 1 (commencing with Section 1429) of, and Chapter 2 (commencing with Section 1442) of, Division 12 of Title 22 of the California Code of Regulations. (6) The child care and development component of the Cal-SAFE program shall operate pursuant to applicable sections of Chapter 2 (commencing with Section 8200) of Part 6. In addition to meeting the requirements of Section 8360, teachers shall have at least three semester units, or the equivalent number of quarter units, of coursework related to the care of infants and toddlers. (7) The child care site shall be available as a laboratory for parenting or related courses that are offered by the funded agency to pupils whether or not they are enrolled in the Cal-SAFE program. (d) Inservice training for school staff on teen pregnancy and parenting-related issues may be funded from revenue generated pursuant to paragraphs (1) and (2) of subdivision (a) of Section 54749. However, use of these funds for this purpose shall supplement and, not supplant, existing resources in these areas. (e) The data base required pursuant to paragraph (14) of subdivision (c) of Section 54745 may be funded from revenue appropriated for purposes of subdivision (a) of Section 54749. SEC. 23. Section 54747 of the Education Code is amended to read: 54747. (a) A male or female pupil, 18 years of age or younger, may enroll in the Cal-SAFE program and be eligible for all services afforded to pupils enrolled if he or she is an expectant parent, the custodial parent, or the noncustodial parent taking an active role in the care and supervision of the child, and has not earned a high school diploma or its equivalent. (b) A pupil having an active special education Individualized Education Plan (IEP) shall be eligible until age 22, as long as she or he has an active IEP and meets the eligibility criteria as specified in subdivision (a), and shall continue to receive services identified in the IEP while enrolled in the Cal-SAFE program. (c) Pupils shall be eligible for enrollment on a voluntary basis for as long as they meet eligibility criteria specified in subdivisions (a) and (b) until they earn a high school diploma or its equivalent. (d) If an enrolled 18-year-old pupil reaches age 19 without earning a high school diploma or its equivalent, the pupil may be enrolled for one additional semester if the pupil has been continuously enrolled in the Cal-SAFE program since before his or her 19th birthday. (e) Pupils receiving services under Article 3.5 (commencing with Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code are eligible for services under this chapter. Child care provided under this article shall be the primary source of child care for these recipients when participating in a Cal-SAFE program operated by school districts or county superintendents of schools. (f) The participating school district, or county superintendent of schools and case managers provided pursuant to Section 11332.5 of the Welfare and Institutions Code shall coordinate services to the maximum extent possible. SEC. 24. Section 54748 of the Education Code is amended to read: 54748. The duties of the State Department of Education include all of the following: (a) Provision of technical assistance, focused upon transition into the Cal-SAFE program, to school districts and county superintendents of schools currently operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof. (b) Provision of technical assistance to school districts and county superintendents of schools that do not currently operate a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program as defined by subdivision (a) of Section 54745. (c) Identification and sharing of information on best practices across program sites. (d) Development of benchmarks to determine to what degree pupils and children enrolled in the Cal-SAFE program attain the program goals. (e) Consultation with local education agency representatives and others, as appropriate, to develop strategies for implementation of the Cal-SAFE program. (f) Determination of areas in the state where there are pupils who are most in need or pupils who are least likely to access services on their own if there are not enough resources to serve all eligible pupils. (g) Development of an application process and approval of local education agencies to implement a Cal-SAFE program. (h) Development of operating guidelines for implementing an effective Cal-SAFE program. (i) Development of guidelines for fiscal reporting. (j) Coordination with other state agencies that administer teen pregnancy prevention and intervention programs. (k) Development of procedures to conduct program evaluation and monitoring, as appropriate. (l) Commencing March 1, 2005, and every five years thereafter, preparation and submission of a report to the Joint Legislative Budget Committee and appropriate policy and fiscal committees of the Legislature. The report shall include data, analysis of data, and an evaluation of the Cal-SAFE program. SEC. 25. Section 54749 of the Education Code is amended to read: 54749. (a) For the 2000-01 fiscal year and each fiscal year thereafter, a school district or county superintendent of schools participating in Cal-SAFE shall be eligible for state funding from funds appropriated for services provided for the purposes of the program as follows: (1) A support services allowance of two thousand two hundred thirty-seven dollars ($2,237) for each unit of average daily attendance generated by each pupil who has completed the intake process pursuant to subdivision (a) of Section 54746 and is receiving services pursuant to subdivision (b) of Section 54746. This allowance shall be adjusted annually by the inflation factor set forth in subdivision (b) of Section 42238.1. In no event shall more than one support service allowance be generated by any pupil concurrently enrolled in more than one educational program. This allowance may not be claimed for units of average daily attendance reported pursuant to the following: (A) Subdivision (b) of Section 1982 for pupils attending county community schools operated pursuant to Chapter 6.5 of Part 2 (commencing with Section 1980). (B) Pupils attending juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (C) Pupils attending community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (D) Pupils attending county operated Cal-SAFE programs pursuant to this article whose attendance is reported pursuant to Section 2551.3. (2) Average daily attendance and base revenue limit funding for pupils receiving services in the Cal-SAFE program shall be computed pursuant to provisions and regulations applicable to the educational program or programs that each pupil attends, except as provided in paragraph (3). (3) For attendance not claimed pursuant to paragraph (2), county offices of education may claim the statewide average revenue limit per pupil in average daily attendance of high school districts, payable from Section A of the State School Fund, for the attendance of pupils receiving services in the Cal-SAFE program, provided that no other revenue limit funding is claimed for the same pupil and pupil attendance of no less than 240 minutes per day and is computed and maintained pursuant to Section 46300. (4) Except as provided in subdivision (c) of Section 54749.5, operators of Cal-SAFE programs shall be reimbursed in accordance with the amount specified in subdivision (b) of Section 8265 and the amounts specified in subdivisions (a) and (b) of Section 8265.5 for each child receiving services pursuant to the Cal-SAFE program who is the child of teen parents enrolled in the Cal-SAFE program. To be eligible for funding pursuant to this paragraph, the operational days of child care and development programs shall be only those necessary to provide child care services to children of pupils participating in Cal-SAFE. (5) Notwithstanding paragraph (1), pupils for whom attendance is reported pursuant to subdivision (b) of Section 1982, pupils attending juvenile court schools, and pupils attending community day schools may complete the intake process for the Cal-SAFE program and, if the intake process is completed, shall receive services pursuant to subdivision (b) of Section 54746. The children of pupils receiving services in the Cal-SAFE program pursuant to subdivision (b) of Section 54746 and attending juvenile court schools, county community schools, or community day schools shall be eligible for funding pursuant to paragraph (4) and no other provisions of this section. (b) Funds allocated pursuant to paragraph (1) of subdivision (a) shall be maintained in a separate account and shall be expended only to provide the supportive services enumerated in subdivisions (b) of Section 54746, in service training as specified in subdivision (d) of Section 54746, and expenditures enumerated in subdivision (d) of this section, to pupils enrolled in the Cal-SAFE program as determined pursuant to Section 54746. (c) Funds allocated pursuant to paragraph (4) of subdivision (a) shall be maintained in a separate account and shall be expended only to provide developmentally appropriate child care and development services pursuant to subdivision (c) of Section 54746 and staff development of child development program staff pursuant to subdivision (d) of Section 54746 for children of teen parents enrolled in the Cal-SAFE program for the purpose of promoting the children's development comparable to age norms, access to health and preventive services, and enhanced school readiness. (d) Funds generated pursuant to Section 2551.3 and this section shall be maintained in a separate account and shall be expended only to provide the services enumerated in Section 54746 and the following expenditures as defined by the California State School Accounting Manual: (1) Expenditures defined as direct costs of instructional programs. (2) Expenditures defined as documented direct support costs. (3) Expenditures defined as allocated direct support costs. (4) Expenditures for indirect charges. (5) Expenditures defined as facility costs, including the costs of renting, leasing, lease purchase, remodeling, or improving buildings. (e) Indirect costs shall not exceed the lesser of the approved indirect cost rate or 10 percent. (f) Expenditures that represent contract payments to community-based organizations and other governmental agencies pursuant to paragraph (10) of subdivision (b) of Section 54745 for the operation of a Cal-SAFE program shall be included in the Cal-SAFE program account. (g) To the extent permitted by federal law, any funding made available to a school district or county superintendent of schools shall be subject to all of the following conditions: (1) The program is open to all eligible pupils without regard to any pupil's religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space in which the program is operated is not used in any manner to foster religion during the time used for operation of the program. (h) A school district or county superintendent of schools implementing a Cal-SAFE program may establish a claims process to recover federal funds available for any services provided that are Medi-Cal eligible. (i) For purposes of serving pupils enrolled in the Cal-SAFE program in a summer school program or enrolled in a school program operating more than 180 days, reimbursement for providing services pursuant to subdivision (c) of Section 54746 shall be based upon the pupil's hours of attendance. (j) To meet startup costs for the opening of child care and development sites, as defined in subdivision (ac) of Section 8208, and applicable regulations, a school district or county office of education may apply for a one-time 15-percent service level exemption from the initial allocation within the amount for the program pursuant to paragraph (4) of subdivision (a) for each site meeting the provision of subdivision (ac) of Section 8208. A school district or county office of education shall submit claims pursuant to this subdivision with other claims submitted pursuant to this section. Funding provided for startup costs shall be utilized for approvable startup costs enumerated in subdivision (a) of Section 8275. (k) Notwithstanding any other provision of this article, its implementation is contingent upon appropriations in the annual Budget Act for the purpose of its administration and evaluation by the State Department of Education. (l) Notwithstanding any other provision of law, a charter school may apply for funding pursuant to this article and shall meet the requirements of this article to be eligible for funding pursuant to this section. SEC. 26. Section 54749.5 of the Education Code is amended to read: 54749.5. (a) County superintendents who operated pregnant minors programs in the 1979-80 fiscal year, or commenced operation during the 1996-97 fiscal year, shall continue to operate pregnant minors programs in the 1980-81 fiscal year, or the 1997-98 fiscal year, as appropriate, and each fiscal year thereafter, and school districts that increased their revenue limit in the 1981-82 fiscal year pursuant to subdivision (d) of Section 42241 shall continue to operate pregnant minors programs in subsequent fiscal years, unless the program is transferred to another local education agency, or unless the county superintendent or district superintendent demonstrates that programs and services for pregnant minors, such as continuation school, home instruction, or independent instruction, are available from other local education agencies in the county, pursuant to rules and regulations adopted by the Superintendent of Public Instruction. (b) Pregnant minors programs that continue to operate pursuant to subdivision (a) and that continue to operate as Cal-SAFE programs may continue to claim funding pursuant to Section 2551.3 for an amount of average daily attendance up to the amount certified at the 1998-99 annual apportionment for that program. Programs continuing under this section may enroll pupils above the level of average daily attendance certified at the 1998-99 annual apportionment, and that additional average daily attendance shall be eligible for funding pursuant to Section 54749 and provisions that apply to the educational program that the pupil attends. (c) County offices of education that choose to retain their pregnant minor program revenue limit rather than convert to the Cal-SAFE revenue limit shall provide child care services from funds provided in their pregnant minor program revenue limit pursuant to Section 2551.3 for children of pupils comprising base year average daily attendance as certified at the 1998-99 annual apportionment. Growth funding for child care shall be equal to the proportionate share of child care funding for the specific agency's program, determined by dividing the authorized growth in pupil average daily attendance by the total authorized average daily attendance. (d) Nothing in this section shall be construed as allowing a county superintendent to receive funding pursuant to Sections 2551.3 and 54749 for the same average daily attendance, or for average daily attendance generated by the same pupil on the same calendar day. SEC. 27. Section 76300 of the Education Code is amended to read: 76300. (a) The governing board of each community college district shall charge each student a fee pursuant to this section. (b) (1) The fee prescribed by this section shall be twelve dollars ($12) per unit per semester, effective with the fall term of the 1998-99 academic year, and eleven dollars ($11) per unit per semester effective with the fall term of the 1999-2000 academic year. (2) The chancellor shall proportionately adjust the amount of the fee for term lengths based upon a quarter system and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the chancellor may round the per unit fee and the per term or per session fee to the nearest dollar. (c) For the purposes of computing apportionments to community college districts pursuant to Section 84750, the chancellor shall subtract from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section. (d) The chancellor shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section. (e) The fee requirement does not apply to any of the following: (1) Students enrolled in the noncredit courses designated by Section 84757. (2) California State University or University of California students enrolled in remedial classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California. (3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the average daily attendance of that district. (f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement. (g) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a recipient of benefits under the Aid to Families with Dependent Children program, the Supplemental Security Income/State Supplementary Program, or a general assistance program or has demonstrated financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. The governing board of a community college district also shall waive the fee requirements of this section for any student who demonstrates eligibility according to income standards established by the board of governors and contained in Section 58620 of Title 5 of the California Code of Regulations. (h) The fee requirements of this section shall be waived for any student who, at the time of enrollment is a dependent, or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. "Active service of the state," for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code. (i) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) and (h). (2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) and (h). From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) and (h) for determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992-93 fiscal year. (j) The board of governors shall adopt regulations implementing this section. SEC. 28. Section 87885 of the Education Code is amended to read: 87885. (a) The Part-Time Faculty Office Hours Program Fund is hereby established in the State Treasury. (b) On or before June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount equal to two dollars ($2) for every one dollar ($1) that the district provides in compensation paid for office hours of part-time faculty, as defined in Section 87882. The chancellor shall distribute funds that are appropriated in the annual Budget Act specifically for this purpose proportionally based on each district's total costs for office hours of part-time faculty pursuant to the verification submitted by the community college district in accordance with subdivision (c) of Section 87884 for that fiscal year. In no event, however, shall the allocation to any district in a fiscal year exceed two-thirds of the total costs of the compensation paid for office hours of part-time faculty pursuant to this article. (c) It is the intent of the Legislature that funding for the purposes of this article be included in the annual Budget Act. SEC. 29. Section 92820 of the Education Code is amended to read: 92820. There is hereby established in the Neurology Department at the University of California, San Francisco, a research project on substance abuse. The major goal of this research is to identify new pharmaceutical agents to prevent or treat alcohol and drug addiction. It is the intent of the Legislature that dedicated state funding for this research will be provided for five years, and be appropriated in the annual Budget Act. It is further the intent of the Legislature that the augmentation of one million dollars ($1,000,000) per year appropriated in the Budget Act of 2000 for this program be used for permanent on-going support of the program. SEC. 30. Chapter 3.10 (commencing with Section 15820.80) is added to Part 10b of Division 3 of Title 2 of the Government Code, to read: CHAPTER 3.10. TEACHING HOSPITAL SEISMIC PROGRAM 15820.80. For the purposes of this article, "Regents" means the Regents of the University of California. 15820.81. The Regents of the University of California may acquire, design, construct, or renovate acute care hospital buildings, as defined in subdivision (k) of Section 130005 of the Health and Safety Code, on a site or sites owned by, or subject to a lease or option to purchase held by, the regents to implement the compliance plan developed by the regents pursuant to subdivision (b) of Section 130050 of the Health and Safety Code. The scope and costs of these projects shall be subject to approval and administrative oversight by the State Public Works Board, including augmentations, pursuant to Section 13332.11 of the Government Code. 15820.82. Project financing requests from the regents shall be accompanied by an opinion of bond counsel to the effect that the board's bonds issued for the project will be able to receive a customary approving opinion as to state law and federal income tax law. The costs of obtaining the legal opinion shall not be eligible for reimbursement from the proceeds of the bonds. 15820.83. The board and the regents may borrow funds for project costs, excluding preliminary plans and working drawings, from the Pooled Money Investment Account pursuant to Sections 16312 and 16313. Bond proceeds may be utilized to reimburse the regents for the costs of preliminary plans and working drawings for board approved projects, however, the regents shall provide interim financing for these costs. Project funds expended prior to project approval by the board shall not be reimbursable from the proceeds of the bonds. 15820.85. Notwithstanding Section 15820.84, the amount of revenue bonds, negotiable notes, or negotiable bond anticipation notes to be sold shall equal the following: (a) The cost of acquisition, design, construction or construction management and supervision, and other costs related to the design and construction of the facilities, including augmentations. (b) Sums necessary to pay interim financing. (c) In addition to the amount authorized by Section 15820.84, any additional amount as may be authorized by the board, including, but not limited to, the costs of financing. The costs of financing include, but are not limited to, interest during construction of the project, a reasonably required reserve fund, and the cost of issuance of permanent financing. 15820.86. (a) The board and the regents may lease any properties of the regents to facilitate the financing authorized by this chapter that is mutually agreed by the board and the regents. Accordingly, the property leased between the board and the regents for the purposes of these financings need not be the same property that is acquired, renovated, or improved with the proceeds of the board's bonds. (b) It is the intent of the Legislature that, to the greatest degree possible, the rental paid by the regents to the board in connection with these financings shall utilize teaching hospital revenues of the regents, but only to the extent lawfully available to pay that rental. SEC. 31. Section 15820.84 is added to Chapter 3.10 (commencing with Section 15820.80) of Part 10B of Division 3 of the Government Code, to read: 15820.84. (a) The board may issue up to six hundred million dollars ($600,000,000) in revenue bonds, negotiable notes, or negotiable bond anticipation notes pursuant to this part, to finance the acquisition, design, or construction, including both new construction or renovation projects, authorized in Section 15820.80. Authorized costs for acquisition, design, construction, and construction related costs, including augmentations pursuant to Section 13332.11, for all projects approved for financing by the board pursuant to Section 15820.81, shall not exceed six hundred million dollars ($600,000,000). (b) This section shall become inoperative on June 30, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 32. 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. (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. (g) Subdivisions (b) to (f), inclusive, shall be inoperative from the operative date of this subdivision to June 30, 2001, inclusive. SEC. 33. Section 10299 is added to the Public Contract Code, to read: 10299. (a) Notwithstanding any other provision of law, the director may consolidate the needs of multiple state agencies for information technology, goods and services, and, pursuant to the procedures established in Chapter 3 (commencing with Section 12100), establish contracts, master agreements, multiple award schedules, cooperative agreements, including agreements with entities outside the state, and other types of agreements that leverage the state's buying power, for acquisitions authorized under Chapter 2 (commencing with Section 10290), Chapter 3 (commencing with Section 12100), and Chapter 3.6 (commencing with Section 12125). State agencies and local agencies may contract with suppliers awarded the contracts without further competitive bidding. (b) The director may make the services of the department available, upon the terms and conditions agreed upon, to any school district empowered to expend public funds. These school districts may, without further competitive bidding, utilize contracts, master agreements, multiple award schedules, cooperative agreements, or other types of agreements established by the department for use by school districts for the acquisition of information technology, goods, and services. The state shall incur no financial responsibility in connection with the contracting of local agencies under this section. SEC. 34. Notwithstanding Section 42238.1 of the Education Code or any other provision of law, the cost-of-living adjustment for Items 6110-104-0001, 6110-105-0001, 6110-156-0001, 6110-158-0001, 6110-161-0001, 6110-185-0001, 6110-186-0001, 6110- 190-0001, 6110-196-0001, 6110-234-0001, and 6110-235-0001 of Section 2.00, and those items identified in subdivision (b) of Section 12.40 of the Budget Act of 2000 and the amount appropriated for the purposes of Section 42243.7 of the Education Code for the 2000-01 fiscal year shall be 3.17 percent. All funds appropriated in the items identified in this section are in lieu of the amounts that would otherwise be appropriated pursuant to any other provision of law. 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 38 of this act. The funds shall be available for allocation pursuant to subdivision (c) of Section 38 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. 36. (a) The sum of one hundred million dollars ($100,000,000), is hereby appropriated from the General Fund, for transfer to Section B of the State School Fund by the Controller, for allocation by the Chancellor of the California Community Colleges, for purposes of providing one-time grants to community college districts for the 2000-01 fiscal year. (b) The Chancellor of the California Community Colleges shall allocate the funds appropriated by subdivision (a) to community college districts in an average amount per actual statewide full-time equivalent student enrollment reported for the 1999-2000 fiscal year. These funds may only be expended for high priority projects for instructional equipment, library materials replacement, technology infrastructure, scheduled maintenance, special repairs, hazardous substances abatement, and the removal of architectural barriers. (c) For the purposes of making computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated pursuant to subdivision (a) shall be deemed to be "General Fund revenues appropriated for community college districts," as defined in subdivision (d) of Section 41202 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 XIIIB," as defined in subdivision (e) of Section 41202 of the Education Code for the 1999-2000 fiscal year. SEC. 37. (a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund, for transfer to Section A of the State School Fund, for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and charter schools on a competitive basis, as specified in Chapter 5 (commencing with Section 420) of Part 1 of the Education Code. (b) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation 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 XIIIB," as defined in subdivision (e) of Section 41202 of the Education Code for the 1999-2000 fiscal year. SEC. 38. (a) The sum of one hundred thirty-nine million dollars ($139,000,000) is hereby appropriated from the General Fund as a contingency expenditure, to be authorized by the Department of Finance for transfer to the Controller, as necessary for the reimbursement of state-mandated cost claims submitted by school districts and county offices of education. These funds may not be expended without approval of the Department of Finance. (b) Prior to the payment of any claim with the funds appropriated in subdivision (a), the Controller shall ensure that an audit of the claim is complete. (c) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation 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 XIIIB," as defined in subdivision (e) of Section 41202 of the Education Code for the 1999-2000 fiscal year. SEC. 39. The SCHOOL IMPROVEMENT AND PUPIL ACHIEVEMENT BLOCK GRANT shall be provided to school districts and schoolsites as provided in this section. (a) The sum of four hundred twenty-five million dollars ($425,000,000) is hereby appropriated from the General Fund, for transfer to Section A of the State School Fund, to the Superintendent of Public Instruction for the purposes of making block grant allocations to school districts, county offices of education, and charter schools as provided in this section. The sum of one hundred eighty million dollars ($180,000,000) shall be available for purposes of subdivision (b). The sum of two hundred forty-five million dollars ($245,000,000) shall be available for purposes of subdivision (c). (b) (1) From the amount available for this subdivision pursuant to subdivision (a), the Superintendent of Public Instruction shall calculate an equal amount per unit of actual average daily attendance, including average daily attendance attributable to regional occupational centers and programs and adult education, for the 1999-2000 second principal apportionment for each regular public school. However, no regular public school shall receive less than ten thousand dollars ($10,000). If a school district or county office of education did not report prior year average daily attendance on behalf of a regular public school by the second principal apportionment of the 1999-2000 fiscal year, but that school is a regular public school, as defined pursuant to paragraphs (4) and (5), that school may receive the minimum grant specified under this section. (2) The use of funds allocated pursuant to paragraph (1) for public schools under the jurisdiction of a school district shall be proposed by each school's schoolsite council, as defined in Section 52012 of the Education Code, or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups that conform to the requirements of Section 52012 of the Education Code. These funds may be used for instructional materials, staff development, computers, education technology, such as software and wiring, library materials, deferred maintenance, enrichment activities, tutoring services, or any other one-time educational purpose. Before funds allocated pursuant to paragraph (1) may be encumbered or expended, the governing board of the school district shall approve the proposed use. If the governing board of a school district does not approve the use proposed pursuant to this paragraph, no expenditures of the specified funds may be made and the governing board of the school district shall inform the schoolsite council, schoolwide advisory group, or school support group of the reasons why the proposal was disapproved. If the schoolsite council, schoolwide advisory group, or school support group and the governing board of the school district are not able to agree on the use of the funds by May 1, 2001, the county superintendent of schools shall notify the Controller of the impasse. The Controller shall require that the funds allocated to the school be returned to the state at the next following apportionment, and the funds shall revert to the Proposition 98 Reversion Account in the General Fund. (3) The use of funds allocated pursuant to paragraph (1) for schools under the jurisdiction of a county office of education shall be proposed by each school's schoolwide advisory group or school support group that conforms to the requirements of Section 52012 of the Education Code. The proposals shall be approved by the county board of education prior to expenditure of the funds allocated pursuant to paragraph (1). (4) For purposes of this section, "regular public school," as provided in paragraph (1), means any public school in a district or county office of education that is a wholly self-contained public schoolsite, with a separate county-district-school (CDS) code, as maintained by the Superintendent of Public Instruction as of June 30, 2000, and which is in operation during the 2000-01 school year. Two or more schools that share a physical site or staff shall be considered a single "regular public school" for purposes of qualifying for the minimum ten thousand dollar ($10,000) grant, which shall be allocated to the separate schools sharing the site based on each school's share of qualifying average daily attendance. Funds allocated pursuant to paragraph (1) shall not be allocated to parents or guardians of pupils, or to pupils. (5) For the purposes of this section, "regular public school," as provided in paragraph (1), shall include charter schools that have pupils who are currently enrolled and that have a current county-district-school (CDS) code, as maintained by the Superintendent of Public Instruction as of June 30, 2000. The use of the funds allocated to charter schools pursuant to paragraph (1) shall further the program specified in the school's charter and shall not be allocated to parents, pupils, or staff of the charter school. A charter school shall obtain approval from the governing board of the school district for the use of the funds allocated pursuant to paragraph (1) if the terms of its charter require the approval of the governing board of the school district for similar uses of funds. (6) Schools that choose to accept funds allocated pursuant to paragraph (1) shall agree to implement all of the provisions of this section. (c) (1) From the amount available for this subdivision pursuant to subdivision (a), the Superintendent of Public Instruction shall calculate an allocation for each school district, county office of education, and charter school on the basis of an equal amount per unit of actual average daily attendance, including average daily attendance attributable to regional occupational centers and programs and adult education for the 1999-2000 second principal apportionment for each school district, county office of education, and charter school. (2) Funds allocated pursuant to paragraph (1) shall be expended for school safety, deferred maintenance, technology staff development, education technology connectivity, or facility improvements. (d) This is a one-time allocation of funds. (e) The Superintendent of Public Instruction shall apportion to each school district, county office of education, and charter school the sum of the amounts calculated pursuant to subdivision (b) and (c). The amount calculated pursuant to subdivision (b) shall only be expended at the schoolsite level pursuant to the process specified in paragraphs (2) and (3) of subdivision (b). The amount calculated pursuant to subdivision (c) shall be expended for purposes specified in paragraph (2) of subdivision (c). (f) For the purpose of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated pursuant to 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 XIIIB," as defined in subdivision (e) of Section 41202 of the Education Code, for the 1999-2000 fiscal year. SEC. 40. (a) (1) The sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund, for transfer by the Controller to Section A of the State School Fund, for allocation on a one-time basis by the Superintendent of Public Instruction to school districts, county offices of education, and charter schools for the Academic Performance Index Schoolsite Employees Performance Bonus. (2) As a condition of receiving funds pursuant to this section, school districts, county offices of education, and charter schools shall, upon request by the Superintendent of Public Instruction and by November 1, 2000, certify the number of full-time equivalent employees employed as of the second principal apportionment of the 1999-2000 school year at each schoolsite under their jurisdiction that are eligible for awards in accordance with subdivision (a) of Section 52057, the Governor's Performance Award Program. (3) Upon receipt of the certifications the Superintendent of Public Instruction shall calculate a statewide amount per full-time equivalent employee, the sum of which shall not exceed three hundred fifty million dollars ($350,000,000). The Superintendent of Public Instruction shall then apportion an equal amount per full-time equivalent employee to the appropriate school district, county office of education, or charter school for allocation to the schoolsites that have met or exceeded their Academic Performance Index growth target. (4) As a condition of receiving funds pursuant to this section, a schoolsite shall expend 50 percent of the funds to provide one-time bonuses, to its employees, to be divided equally among all schoolsite employees on a full-time equivalent basis. The other 50 percent may be used at the discretion of the schoolsite for any one-time purposes. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) 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 XIIIB" as defined in subdivision (e) of Section 41202 of the Education Code, for the 1999-2000 fiscal year. SEC. 41. (a) The sum of eight million nine hundred thousand dollars ($8,900,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for the purpose of allocating funds to county offices of education, pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 2568 of the Education Code. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) 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 2000-01 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 2000-01 fiscal year. SEC. 42. (a) The sum of thirty-two million eight hundred fifty-two thousand dollars ($32,852,000) 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 San Francisco County Office of Education 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. (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 busses. (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 multi-purpose building. (54) One hundred thousand dollars ($100,000) for allocation on a one-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. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) 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. 43. (a) The sum of eight million five hundred seventy-six thousand dollars ($8,576,000) is hereby appropriated from the General Fund to the Chancellor of the California Community Colleges, in accordance with the following schedule: (1) Five hundred seventy-five thousand dollars ($575,000) for allocation on a one-time basis to the Santa Clarita Community College District for the purpose of preliminary plans, working drawings, and construction of the College of the Canyons Welding Technology and Manufacturing Lab renovation and expansion project. (2) Five hundred fifty-one thousand dollars ($551,000) for allocation on a one-time basis to the Victor Valley Community College District for the purpose of working drawings for a new computer lab at Victor College. (3) One million dollars ($1,000,000) for allocation on a one-time basis to the Compton Community College District for the purpose of preliminary plans, working drawings, and construction for the Compton Community College stadium renovation project. (4) One million five hundred thousand dollars ($1,500,000) for allocation on a one-time basis to Copper Mountain Community College for transition and technology costs. (5) Nine hundred thousand dollars ($900,000) for allocation on a one-time basis to the San Francisco City College, Mission Center, for the working drawings phase of the Mission Center capital outlay project which has previously been approved by the state. (6) Fifty thousand dollars ($50,000) for allocation on a one-time basis to the San Diego Community College district for the Faces of San Diego Project. (7) Four million dollars ($4,000,000) for allocation on a one-time basis to the Los Angeles City College for site acquisition and development of the Atwater Village Satellite Center. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be "General Fund revenues appropriated to community colleges," 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. 44. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the Budget Act of 2000 with respect to the public schools and higher education, it is necessary that this act take effect immediately.