BILL NUMBER: AB 33 CHAPTERED 10/10/99 CHAPTER 734 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 7, 1999 PASSED THE ASSEMBLY SEPTEMBER 9, 1999 PASSED THE SENATE SEPTEMBER 8, 1999 AMENDED IN SENATE SEPTEMBER 3, 1999 AMENDED IN SENATE AUGUST 26, 1999 AMENDED IN SENATE AUGUST 16, 1999 AMENDED IN SENATE JULY 12, 1999 AMENDED IN SENATE JULY 8, 1999 AMENDED IN ASSEMBLY MAY 28, 1999 AMENDED IN ASSEMBLY MARCH 8, 1999 AMENDED IN ASSEMBLY FEBRUARY 3, 1999 INTRODUCED BY Assembly Member Soto (Coauthors: Assembly Members Alquist, Calderon, Cardenas, Cedillo, Ducheny, Firebaugh, Florez, Havice, Honda, Longville, Reyes, Romero, Shelley, Strom-Martin, Thomson, Torlakson, Vincent, Washington, Wesson, and Wright) (Coauthors: Senators Baca, Hayden, Hughes, and Vasconcellos) DECEMBER 7, 1998 An act to amend the heading of Article 2 (commencing with Section 51120) of Chapter 1.5 of Part 28 of, to add Sections 51123 and 51124 to, to add Article 3 (commencing with Section 51130) and Article 4 (commencing with Section 51140) to Chapter 1.5 of Part 28 of, and to repeal and add Sections 51121 and 51122 of, the Education Code, relating to parental involvement, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 33, Soto. School-parent compacts: Parent/Teacher Involvement Program. Existing law requires the governing board of each school district to adopt a policy on parent involvement. Existing law also establishes the Parental Involvement Grant Program, which is administered by the Superintendent of Public Instruction. The program requires any school district that maintains kindergarten or any of grades 1 to 12, inclusive, to apply on behalf of a school for funding under that program if the schoolsite council of the school submits an application, including a parent involvement plan, that meets certain requirements, upon certification that a significant percentage of the parents of the pupils at the applicant school have signed compact agreements regarding parental participation, as described. This bill would delete the provisions that establish the Parent/Involvement Grant Program, and instead establish the Nell Soto Parent/Teacher Involvement Program, pursuant to which the Superintendent of Public Instruction would allocate grants to schools in accordance with prescribed criteria, for the purpose of strengthening communication between schools and parents. The bill would require that the grants awarded under the program be used for stipends to teachers and other purposes of the program. The bill would provide that nothing in the program be construed to supersede any valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction. The bill would require a school district, to receive funding under the Nell Soto Parent/Teacher Involvement Program, to submit an application to the Superintendent of Public Instruction that includes certain elements including, among others, a plan for a program that facilitates significant involvement of parents in their children's education. Existing law requires the governing board of each school district that receives certain federal funds to establish a parent involvement program that includes home activities, strategies, and materials that can be used to assist and enhance the learning of children. This bill would establish the Teresa P. Hughes Family-School Partnership Award and Grant Program, to be administered by the State Department of Education. This bill would require the grant of nonmonetary awards and funds to applicant school districts and county offices of education for schools that establish or expand family outreach programs that meet prescribed participation criteria. The bill would require the nonmonetary awards to be in the form of a plaque or sign and the grants of funds not to exceed $15,000 per schoolsite. Existing law requires the governing board of each school district to adopt a policy on parent involvement. Existing law provides that the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school about matters relating to the education of their children, and to participate in the education of their children. Existing law requires the governing board of each school district to develop jointly with parents and guardians, and to adopt, a policy that outlines how parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. This bill would establish the Tom Hayden Community-Based Parent Involvement Grant Program, whereby state funds would be allocated to school districts for the purposes of contracting with nonprofit community-based organizations through a grant program, to be administered by the State Department of Education, to offer training courses for parents and guardians of schoolage children to enhance their involvement in public education. The bill would provide for an annual grant amount, not to exceed $40,000 per schoolsite. The bill would appropriate, without regard to fiscal year, $20,000,000 from the General Fund to the Superintendent of Public Instruction for allocation for the purposes of the programs established pursuant to its provisions. From that amount, the bill would allocate $15,000,000 for the purpose of establishing the Nell Soto Parent/Improvement Grant Program, $2,500,000 for the purpose of establishing the Teresa P. Hughes Family-School Partnership Award and Grant Program, and $2,500,000 for the purpose of establishing the Tom Hayden Community-Based Parent Involvement Program. The funds appropriated by this bill 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. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The heading of Article 2 (commencing with Section 51120) of Chapter 1.5 of Part 28 of the Education Code, as added by Chapter 78 of the Statutes of 1999, is amended to read: Article 2. Nell Soto Parent/Teacher Involvement Program SEC. 2. Section 51121 of the Education Code, as added by Chapter 78 of the Statutes of 1999, is repealed. SEC. 3. Section 51121 is added to the Education Code, to read: 51121. (a) The Nell Soto Parent/Teacher Involvement Program is hereby established for the purpose of providing one-time grant awards to schools in which a majority of teachers and parents agree to strengthen the communication between schools and parents as a means of improving pupil academic achievement. (b) Any school district or charter school that maintains kindergarten or any of grades 1 to 12, inclusive, may operate a parent/teacher involvement program at any schoolsite that meets each of the requirements set forth in subdivision (c). (c) The program shall include all of the following elements: (1) At least 50 percent of the teachers employed at the schoolsite voluntarily agree to participate in either periodic visits to the homes of their pupils or in community meetings that are held at times, and locations, that are convenient to parents. (2) At least 50 percent of the parents or guardians of pupils enrolled at the schoolsite have voluntarily signed a parent/teacher/pupil compact that requires parental participation in periodic home visits or community meetings. The compact shall also encompass the elements of the parent involvement policy adopted by the State Board of Education on September 9, 1994. (3) A teacher who participates in the program shall receive training in strategies for communicating effectively with parents and in conducting periodic home visits or community meetings. These strategies may include providing parents with guidance in how to reinforce educational objectives with their children at home. (4) A teacher shall be compensated for their participation in home visits or community meetings at an hourly rate comparable to his or her regular base salary. (5) A certification that participating teachers or participating teachers paired with instructional aides, will conduct home visits to a substantial percentage of the enrolled pupils whose parents or guardians have voluntarily signed a parent/teacher/pupil compact at least once annually or that, in the case of high schools or middle schools that participate in the program, will hold at least monthly community-based meetings at various sites located throughout the attendance area of the high school or middle school. SEC. 4. Section 51122 of the Education Code, as added by Chapter 78 of the Statutes of 1999, is repealed. SEC. 5. Section 51122 is added to the Education Code, to read: 51122. (a) The Superintendent of Public Instruction shall allocate funds to school districts and charter schools that have certified to the superintendent that they satisfy the conditions of subdivision (c) of Section 51121. A qualifying school with a pupil enrollment of fewer than 1,000 pupils shall receive a grant of twenty-five thousand dollars ($25,000). A qualifying school with a pupil enrollment of 1,000 or more pupils shall receive a grant of forty thousand dollars ($40,000). (b) The funds received pursuant to this article may be used to compensate teachers, to provide training to teachers, and to defray other costs associated with the implementation of the Parent/Teacher Involvement Program. A qualifying school shall be funded in the order of receipt of an approval certification until all funds available for the program have been apportioned. (c) The total amount of the grants allocated pursuant to this section shall not exceed the total amount appropriated for the purposes of this section. (d) (1) Funding for this program shall be made available to all schools. The Superintendent of Public Instruction shall rank schools in order based on the number of pupils who are eligible to receive free or reduced-cost meals through the United States Department of Agriculture and shall group schools in two halves based on this ranking. Available funding shall then be distributed as provided in paragraph (2) between the two halves. Within each half, qualifying schools shall be funded in order of receipt of the district-approved certification. (2) Funding shall be distributed between the halves as follows: (A) The half containing schools with the highest number of pupils who are eligible for free or reduced-cost meals through the United States Department of Agriculture shall receive an amount equal to 75 percent of the funding. (B) The half containing schools with the second highest number of pupils who are eligible for free or reduced-cost meals through the United States Department of Agriculture shall receive an amount equal to 25 percent of the funding. (e) Priority for home visits shall be given to low-performing pupils. SEC. 6. Section 51123 is added to the Education Code, to read: 51123. Nothing in this article shall be construed to supersede any valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction. SEC. 7. Article 3 (commencing with Section 51130) is added to Chapter 1.5 of Part 28 of the Education Code, to read: Article 3. Teresa P. Hughes Family-School Partnership Award and Grant Program 51130. This article shall be known, and may be cited, as the Teresa P. Hughes Family-School Partnership Award and Grant Program and shall be administered by the State Department of Education. 51131. As used in this article, "parent" means the natural, adoptive, or foster parent of a pupil, a surrogate parent, a family member acting on behalf of the parent, or any person having legal authority to make educational decisions on behalf of a pupil. 51132. (a) A school district or county office of education may apply to the State Department of Education for a grant for the Teresa P. Hughes Family-School Partnership Program being operated by a school within the district or may apply for a grant of funds to establish or expand a family outreach program that meets the criteria set forth in subdivision (b) at a school or schools within the district. (b) A family outreach program shall encourage participation by parents of all pupils at the schoolsite, including, but not limited to, parents of challenged and at-risk families and may include any of the following components: (1) Providing interpreters or other accommodations, as needed, for parents at school functions. (2) Providing transportation for pupils and parents to school functions. (3) Providing child care or food for special school events that parents are invited to attend. (4) Encouraging parents to serve as coaches or as coordinators in pupil activities. (5) Providing extra assistance as needed to facilitate parent participation for families of pupils with disabilities and for families of pupils who are at risk. (6) Establishing a regular system of communication to remind and encourage parents to attend school functions. (7) Engaging in collaborative efforts between schools and other community groups to further parent participation. (8) Other creative methods for involving families in the education of their children. (c) The amount of funds granted to schoolsites pursuant to this section shall be determined by the State Department of Education but shall not exceed fifteen thousand dollars ($15,000) per schoolsite. 51133. (a) The Superintendent of Public Instruction shall award nonmonetary Teresa P. Hughes Family-School Partnership Awards pursuant to this article to school districts and county offices of education for schools that operate outstanding family-school partnership programs. (b) Nonmonetary awards made pursuant to this section shall be based upon the degree of parent participation and an assessment of any combination of the following types of parental participation: (1) The membership or other participation in a functioning schoolsite council or other parent organization. (2) The regular volunteer assistance provided in school activities both in the classroom and outside of the classroom. (3) The participation in signed compacts or other educational plans with the teachers. (4) The attendance at school functions that parents or families are invited to attend. (5) The participation in parent training and education programs established or conducted by the school. (6) The progress made over time toward increasing parental participation. (7) The number of home visits by school personnel. (8) The degree to which the outreach program emphasizes the importance of including parents of all pupils within its efforts to enhance parent participation. (c) Nonmonetary awards made pursuant to this section shall be in the form of a plaque or sign. SEC. 8. Article 4 (commencing with Section 51140) is added to Chapter 1.5 of Part 28 of the Education Code, to read: Article 4. Tom Hayden Community-Based Parent Involvement Grant Program 51140. The Tom Hayden Community-Based Parent Involvement Grant Program is hereby established, whereby state funds appropriated for purposes of the program shall be directed to nonprofit community-based organizations through a grant program administered by the State Department of Education. The state funds shall be allocated to school districts for the purpose of contracting with nonprofit community-based organizations to offer training courses for parents and guardians of schoolage children to enhance parent and guardian involvement in the education of their children in the public schools. 51141. The State Department of Education shall select, through a competitive process, the school districts that shall be awarded training grants under this article. At least 70 percent of the available funding shall be granted to school districts that contract with nonprofit community-based organizations that demonstrate each of the following: (a) Ability to recruit and retain parent populations with traditionally low participation rates, including, but not limited to, immigrant and low-income parents. (b) Ability to conduct parent training in various languages to meet the specific cultural and linguistic needs of the school communities to be served. (c) Experience in collaborating with school districts, individual schools, local agencies, and community educational resources in implementing parent involvement programs. (d) Ability to retain a high percentage of parent participants in their training course. 51142. (a) A parent involvement training course offered pursuant to this article shall include training on school governance and how parents and guardians can effectively participate in the decisionmaking process at the school and school district level. In addition, the training course shall include at least six of the following subject areas: (1) Home-school collaboration, including educational compacts. (2) Child development. (3) Child motivational skills. (4) Developing study habits. (5) Parent-teacher conferencing. (6) Gang, violence, and drug prevention in the school. (7) College preparation. (8) Children's health and nutrition. (9) Parenting. (b) A school district that receives a grant pursuant to this article may provide ways to involve schoolage children in the training courses and may encourage parents to involve their schoolage children in the courses. (c) When developing a training course for a particular school community, a school district receiving a grant pursuant to this article shall solicit the input and participation of parents and guardians from that school community to ensure that the course offered for that school community is aligned to the needs of those parents and guardians. 51143. The amount of grant funding available pursuant to this article shall be determined by the State Department of Education but shall not exceed forty thousand dollars ($40,000) per schoolsite. SEC. 9. The sum of twenty million dollars ($20,000,000) is hereby appropriated, without regard to fiscal year, from the General Fund to the Superintendent of Public Instruction for allocation for the purposes of the act adding this section, as follows: (a) Fifteen million dollars ($15,000,000) for purposes of Article 2 (commencing with Section 51120) of Chapter 1.5 of Part 28 of the Education Code. (b) Two million five hundred thousand dollars ($2,500,000) for purposes of Article 3 (commencing with Section 51130) of Chapter 1.5 of Part 28 of the Education Code. Of this amount, the Superintendent of Public Instruction may use up to one hundred thousand dollars ($100,000) for state administration purposes. (c) Two million five hundred thousand dollars ($2,500,000) shall be allocated for the purposes of Article 4 (commencing with Section 51140) of Chapter 1.5 of Part 28 of the Education Code. Of this amount, the Superintendent of Public Instruction may use up to one hundred thousand dollars ($100,000) for state administration purposes. SEC. 10. The State Department of Education shall report to the Legislature on or before January 1, 2001, on the programs funded pursuant to Article 2 (commencing with Section 51120), Article 3 (commencing with Section 51130), and Article 4 (commencing with Section 51140) of Chapter 1.5 of Part 28 of the Education Code. The report shall include, but not be limited to, the number of school districts and schools funded pursuant to the programs established by the act adding this section, the number of pupils served by the school districts and schools that receive funding, and the nature of the programs established by the act adding this section.