BILL NUMBER: AB 2907 CHAPTERED 09/30/00 CHAPTER 1058 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 30, 2000 AMENDED IN SENATE AUGUST 25, 2000 AMENDED IN SENATE JUNE 22, 2000 INTRODUCED BY Committee on Education (Mazzoni (Chair), Leach (Vice Chair), Alquist, Calderon, Campbell, Correa, Cunneen, Davis, Robert Pacheco, Scott, Washington, Wildman, and Zettel) MARCH 14, 2000 An act to amend Sections 8006, 8007, 8070, 8092, 8092.5, 8093, 8100, 8278.3, 33050, 35106, 35500, 35704, 35707, 35720.5, 35756, 37220.6, 41344, 41851.12, 42238, 42239, 42239.2, 42261, 42263, 42267, 45023.1, 47636, 482099, 48664, 51220, 51224, 51225.3, 51225.4, 51226, 51412, 52270, 52300, 52301, 52302, 52302.3, 52302.5, 52302.7, 52302.9, 52303, 52305, 52309, 52329, 52331, 52336, 52336.5, 52342, 52350, 52351, 52353, 52354, 52370, 52371, 52372, 52372.1, 52373, 52375, 52376, 52381, 52382, 52383, 52384, 52388, 52450, 52452, 52453, 52454, 52460, 52461, 52461.5, 52485, 52487, 52488, 52489, 52490, 52495, 52497, 52498, 52499, 52499.3, 52904, 56836.10, and 56836.11 of, to amend the heading of Article 5 (commencing with Section 8090) of Chapter 1 of Part 6 of, to amend the heading of Article 3 (commencing with Section 52350), Article 4 (commencing with Section 52370), Article 7 (commencing with Section 52450), Article 7.5 (commencing with Section 52460), Article 9 (commencing with Section 52485), and Article 9.5 (commencing with Section 52495) of Chapter 9 of Part 28 of, to amend the heading of Chapter 9 (commencing with Section 52300) of Part 28 of, to amend and renumber Sections 56375, 56376, 56377, and 56378 of, to add Sections 52334 and 52377 to, and to repeal Sections 8234, 15720, 16098, 16730, 18185, 35735.3, 44689.5, 49581, 52980, 52981, 52982, 54750, 54751, 54751.1, 54752, and 56138 of, the Education Code, to amend Sections 19050.8, 53095, and 66455.9 of the Government Code, to amend Section 104420 of the Health and Safety Code, to amend Item 6110-104-0001 of Section 2.00 of the Budget Act of 2000, Item 6110-105-001 of Section 2.00 of the Budget Act of 2000, Item 6110-134-0001 of Section 2.00 of the Budget Act of 2000, Item 6110-151-0001 of Section 2.00 of the Budget Act of 2000, Item 6110-165-0001 of Section 2.00 of the Budget Act of 2000, Item 6110-495 of Section 2.00 of the Budget Act of 2000, and to amend Sections 35 and 42 of Chapter 71 of the Statutes of 2000, relating to education, and making an appropriation therefor. (Approved by Governor September 30, 2000. Filed with Secretary of State September 30, 2000.) I am signing Assembly Bill 2907. However, I am reducing certain specified appropriations to maintain my actions taken regarding SB 1667 (Chapter 71/2000), and because I have specific concerns with the additional project proposed to be added pursuant to paragraph 56 of subdivision (a). The language below conforms to my action regarding SB 1667, and also makes this additional reduction: I am reducing the appropriation made by Section 42 of Chapter 71 of the Statutes of 2000, as proposed to be amended by this Section 129 of this bill, from $33,352,000 to $15,761,000. The specific reductions are as follows: I am reducing the appropriation in Section 42 by eliminating paragraph (6) of subdivision (a), which allocates $300,000 to the San Francisco Unified School District for expansion of arts education in grades K-5. Grants for this purpose are available on a competitive basis through the Department of Education, and I am therefore deleting this appropriation to fund higher competing priorities. I am reducing the appropriation in Section 42 by reducing paragraph (7) of subdivision (a) from $500,000 to $400,000, to the Culver City Unified School District to repair the track at Culver City High School, in order to fund higher competing priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (8) of subdivision (a), which allocates $10,000 to the Los Angeles Unified School District for a school-based/school-linked health program at the Maclay Middle School. I am reducing this appropriation in order to fund competing higher priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (9) of subdivision (a), which allocates $10,000 to the Los Angeles Unified School District for a school-based/school-linked health program at the Pacoima Middle School. I am reducing this appropriation in order to fund competing higher priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (11) of subdivision (a), which allocates $20,000 to the Manhattan Beach Unified School District for the purchase of equipment for teaching aids to reduce diversity intensity and increase cultural awareness at Mira Costa High School, to fund higher competing priorities, I am reducing the appropriation in Section 42 by eliminating paragraph (15) of subdivision (a), which allocates $100,000 to Ligget Elementary for establishment of a Parent Education Center. Grants are already available for this purpose through the Department of Education, pursuant to the Parental Involvement Program established pursuant to Chapter 734 of the Statutes of 1999. Additional, support for this purpose should be provided from local resources. I am reducing the appropriation in Section 42 by eliminating paragraph (18) of subdivision (a), which allocates $200,000 to the Sunnyvale Elementary School District for Project H.E.L.P. I am reducing this appropriation in order to fund competing higher priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (19) of subdivision (a), which allocates $250,000 to the Lamont Elementary School District for portable classrooms. Funding for this purpose should be sought through the State Allocation Board process. I am reducing the appropriation in Section 42 by eliminating paragraph (22) of subdivision (a), which allocates $450,000 to the Los Angeles Unified School District for the San Fernando High School Health Clinic. I am reducing this appropriation in order to fund competing higher priorities. I am sustaining the appropriation of $500,000 in paragraph (23) of subdivision (a) of Section 42 for the Baldwin Park Unified School District's Drama, Reading, English, and Mathematics (DREAM) project, on a one-time basis only, thus any future support for this project should be provided from local resources. I am reducing the appropriation in Section 42 by reducing paragraph (24) of subdivision (a) from $500,000 to $200,000, to the Montebello Unified School District for natural gas powered delivery trucks, in order to fund higher competing priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (25) of subdivision (a), which allocates $150,000 to the Elk Grove Unified School District for a Japanese language academy. I am deleting this appropriation to fund higher competing priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (26) of subdivision (a), which allocates $500,000 to the Oakland Unified School District for a reading training program. The Budget Bill already includes significant funding for reading staff development, reading programs, and remedial instruction in reading, and I am therefore unable to support this request. I am reducing the appropriation in Section 42 by reducing the amount in paragraph (27) of subdivision (a), from $350,000 to $200,000 for allocation to the Burbank Unified School District to continue a literacy program on a one-time basis only, thus any future support for this project should be provided from local resources. I am sustaining the appropriation of $300,000 in paragraph (28) of subdivision (a) of Section 42 for the Temple City Unified School District's Arts Academy, on a one-time basis only, future support for this project should be provided from local resources. I am reducing the appropriation in Section 42 by eliminating paragraph (29) of subdivision (a), which allocates $400,000 to the Alum Rock Union Elementary School District for a mathematics/science center that would provide training and science/mathematics supplies to teachers. The 2000-01 Budget already contains $246 million for the Staff Development Day Buy-Out program and $108 million for a variety of Professional Development Institutes, including institutes in elementary mathematics and algebra, to help improve teacher's skills and expertise in classroom instruction. I am reducing the appropriation in Section 42 by eliminating paragraph (30) of subdivision (a), which allocates $50,000 to the Santa Monica Malibu Unified School District for an after school youth program at Malibu High School. I am reducing this appropriation in order to fund competing higher priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (32) of subdivision (a), which allocates $200,000 to the Tahoe-Truckee Unified School District for the North Tahoe Youth Center. I am reducing this appropriation in order to fund competing higher priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (34) of subdivision (a), which allocates $675,000 to the Los Alamitos Unified School District for reimbursement for class size reduction costs. Funding for this purpose should be sought through the class size reduction facilities program. I am reducing the appropriation in Section 42 by reducing the amount in paragraph (35) of subdivision (a), from $10,000,000 to $5,000,000 for allocation to the Alvord Unified School District for construction costs associated with the Center for Primary Education. The balance of funding required for this project should be sought through the School Facilities Program or from local resources. I am reducing the appropriation in Section 42 by eliminating paragraph (36) of subdivision (a), which allocates $900,000 to the Riverside County Office of Education for the purpose of screening and diagnosing pupils for Scotopic Sensitivity Syndrome, to fund higher competing priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (37) of subdivision (a), which allocates $500,000 to the Saugus Union Elementary School District for costs associated with testing air quality in portable classrooms. As indoor air quality in portable classrooms is an important issue, the Budget provides $1 million to the Air Resources Board and the State Department of Health Services for purposes of conducting a comprehensive study and review of the environmental health conditions, including air quality, in portable classrooms. I am reducing the appropriation in Section 42 by eliminating paragraph (38) of subdivision (a), which allocates $275,000 to the Inyo County Office of Education for facilities costs. Funding for this project may be available through the School Facilities Program. I am reducing the appropriation in Section 42 by eliminating paragraph (39) of subdivision (a), which allocates $500,000 to the Calaveras Unified School District for swimming pool renovations, in order to fund higher competing priorities. I am reducing the appropriation in Section 42 by eliminating paragraph (40) of subdivision (a), which allocates $27,000 to the Alta-Dutch Flat Union Element LEGISLATIVE COUNSEL'S DIGEST AB 2907, Committee on Education. Education. (1) Existing law provides for vocational education, skill training, instruction, and training. This bill would change the term "vocational" to "career technical" in certain sections of the Education Code and require that each reference to vocational education, skill training, instruction, or training in the Education Code be deemed to be a reference to career technical education, skill training, instruction, or training. (2) Existing law requires the Superintendent of Public Instruction to establish, in the 1994-95 fiscal year, in a specified region, the Migrant Family Day Care Program as a 3-year pilot program for the purpose of serving the special needs of migrant children from the time of birth to the time of their enrollment in kindergarten. This bill would repeal those obsolete provisions. (3) Under existing law, the Child Care Facilities Revolving Fund is established in the State Treasury to provide funding for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies who provide child care and development services. The money in the fund is continuously appropriated for those purposes. Existing law requires the Superintendent of Public Instruction, by November 1, 1997, to submit a plan specifying the application procedures, allowable use of the fund, and form of the agreement. This bill would also allow the money in that fund to be used for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services. By expanding the purposes for which the money in this continuously appropriated fund may be allocated, the bill would make an appropriation. The bill would extend to November 30, 2000, the date by which the Superintendent of Public Instruction is required to submit the plan. (4) Existing law, the State School Building Aid Law, 1949, provides for the allocation of funds to school districts for providing additional schoolhouse facilities. Under that act payment or reimbursement to school districts is made in a specified manner. This bill would delete those provisions pertaining to payment and reimbursement. (5) Existing law, the State School Building Aid Law of 1952, provides for the allocation of funds to school districts for the purpose of providing new schoolhouse facilities, and requires a complete detailed report of expenditure of funds allocated under that act to be made to the State Allocation Board annually to the Legislature. This bill would delete that reporting requirement. (6) Existing law, the Urban School Construction Aid Law of 1968, authorizes the apportionment of funds to urban school districts for the sole purpose of reconstructing or replacing existing substandard buildings constructed prior to 1943, and requires a complete detailed report of the expenditure of funds allocated under that act to be made annually by the State Allocation Board to the Legislature. This bill would delete that reporting requirement. (7) Existing law states the intent of the Legislature to utilize, as the basis for future reorganization of districts in each county, the organization of districts as they existed on January 1, 1981, and the master plan for school district organization in each county, which was developed and approved under certain provisions as they existed prior to January 1, 1981, or any approved updated version of the master plan not inconsistent with other provisions of law. This bill would remove the intent to use the master plan for school districts as a basis for future reorganization of school districts and replace it with the intent to use local educational needs and concerns as the basis for future reorganization of districts in each county. (8) Existing law prescribes the procedures for an action to reorganize one or more districts, and requires the county superintendent of schools, within 20 days after any petition for reorganization is filed, to examine the petition, and, if he or she finds it to be sufficient as required by law, transmit the petition to the county committee on school district organization and to the State Board of Education. This bill would instead require the county superintendent of schools to transmit that petition within 30 days of making that finding. The bill would make other technical and clarifying changes in related provisions. (9) Existing law requires each county committee on school district organization, at the direction of the State Board of Education, to formulate plans and recommendations for the organization of the districts in the county or any portion of the county, including, if appropriate, a portion of one or more adjacent counties. In accordance with those requirements, the county committee is required to adopt a tentative recommendation following which action it is required to hold on one or more public hearings in the area proposed for reorganization prior to submitting a final recommendation for unification or other reorganization to the State Board of Education. Existing law requires that public hearing to be held when notice is sent to the governing board of each school district involved at least 10 days prior to the hearing and other requirements regarding posting the notice of the hearing have been met. This bill would make a technical change regarding the notice requirements. (10) Existing law requires the county superintendent of schools, within 20 days of receiving notification that the State Board of Education approves the plans and recommendations for the unification or other reorganization of school districts, to call an election to be conducted at the next available regular election. This bill requires the election to be called within 35 days after receiving the notification. (11) Existing law authorizes any county superintendent of schools or consortium of school districts to apply to the State Board of Education to establish a pilot project to assist selected school districts to recruit and select administrative personnel, and prescribes the purposes for which these pilot projects may be established, including, among others, gathering and organizing information regarding effective techniques for selecting and evaluating management personnel. This bill would delete those provisions. (12) Existing law authorizes the governing board of any school district to accept interdistrict transfers, and requires that any application for transfer under those provisions be submitted by the pupil's parent or guardian to the school district of choice that has elected to accept transfer pupils pursuant to specified provisions prior to January 1 of the school year preceding the school year for which the pupil is to be transferred. Those provisions prohibit the submission of an application after January 1, 1999. This bill would delete the provisions prohibiting the submission of an application after January 1, 1999. (13) Existing law requires the State Department of Education to develop a testing program to be utilized at a kindergarten grade level to determine which pupils have a potential for developing learning disability problems. Existing law requires the department to develop and implement a pilot program to determine the effectiveness and feasibility of implementing that testing program. This bill would delete the requirement to develop and implement that pilot program. (14) Existing law requires the State Department of Education to select 6 school districts maintaining any of grades 7 to 12, inclusive, to participate in pilot projects in applied academic areas and programs, commencing in May 1991 and continuing throughout April 1994. This bill would delete those obsolete provisions. (15) Existing law requires the Superintendent of Public Instruction to establish college admissions test preparation pilot projects for eligible school districts in accordance with certain requirements. Existing law requires that a college admissions test preparation pilot project meet specified goals, including, among others, the identification of students from groups underrepresented in admissions to public postsecondary educational institutions eligible to participate in the pilot projects. Existing law states the intent of the Legislature that the governing board of each school district operating an approved college admissions test preparation pilot project enter into agreements with college admissions test sponsors for the purpose of establishing and maintaining test preparation activities for the benefit of students, teachers, counselors, and parents. This bill would repeal those provisions. (16) Existing law requires the Superintendent of Public Instruction to conduct a pilot program for the 1993-94, 1994-95, and 1995-96 fiscal years to authorize school districts, special education local plan areas, and county offices to establish an alternative dispute resolution process. This bill would repeal those provisions. (17) Existing law requires the State Department of Education to award and administer grants for projects directed at the prevention of tobacco use among schoolage children. Under existing law, the department is required to allocate funds for administering this grant program to county offices of education, and, in particular, is required to allocate $25,000 to counties with less than 25,000 units of average daily attendance. If funds for this purpose are insufficient, the Superintendent of Public Instruction is required to prorate available funds among participating county offices of education with more than 25,000 units of average daily attendance. This bill would, with respect to the allocation of funds for counties with less than 25,000 units of average daily attendance, require, if funds for that purpose are insufficient, the Superintendent of Public Instruction to prorate available funds among participating county offices of education ensuring that all county offices of education receive a minimum of $25,000, and would make clarifying changes in related provisions. (18) This bill would make technical and clarifying changes in other provisions of the Education Code. (19) Existing law authorizes the State Personnel Board and its executive officer to prescribe rules governing the temporary assignment or loan of employees between agencies for not to exceed 2 years for certain purposes. Existing law allows a temporary assignment or loan between educational agencies to be extended for up to 2 additional years upon a finding by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, and with the approval of the Executive Officer of the State Personnel Board, that the extension is necessary in order to substantially complete work on an educational improvement project. This bill would additionally allow the temporary assignment of any local educator who is performing the duties of a nonrepresented classification while on loan to a state education agency to be extended for as many successive 2-year intervals as necessary by the Superintendent of Public Instruction or the Chancellor of Community Colleges with the concurrence of the local education agency. (20) Under existing law, whenever there is consideration of an area within a development for a public schoolsite, the advisory agency or subdivision approval is required to give the State Department of Education written notice of the proposed site. If the site is within the distance of an airport runway as defined in specified provisions, the State Department of Education is required to notify the State Department of Transportation, and the State Department of Education is required to investigate the proposed site and to submit to the advisory agency and school district a written report and its recommendations concerning the site. Existing law prohibits the governing board of the school district from acquiring title to the property until the report of the State Department of Education is received. If that report does not favor the acquisition of the property for a schoolsite, the governing board is prohibited from acquiring title to the property until 30 days after the department's report has been read at a public hearing duly called after 10 days' notice published once in a newspaper, as specified, within the county in which the property is located. This bill would delete those provisions that prohibit the governing board of a school district from acquiring title to the property until the report of the State Department of Education has been received and would delete those other requirements regarding the reading of the report at a public hearing and the posting of public notice of that hearing. The bill would also make conforming changes in those provisions. (21) Existing law provides for a method of determining revenue limits for each school district. Under existing law, a local educational agency's fiscal year average daily attendance may not be computed pursuant to that method if the average daily attendance of a local education agency is adjusted by the Superintendent of Public Instruction pursuant to any audit or review conducted by a governmental agency. This bill would instead require a local agency's prior fiscal year average daily attendance to be reduced by an amount equal to any average daily attendance disallowed in the current year by an audit or review. (22) Existing law requires the Superintendent of Public Instruction to allocate a certain amount of money for supplemental summer school programs in each school district for which the prior fiscal year enrollment was less than 500 units of average daily attendance and meets other criteria. This bill would delete "units of average daily attendance" from this provision. (23) Existing law establishes the Education Technology Grant Program to provide one-time grants to school districts and charter schools for the purposes of acquiring computers for instructional purposes at public schools. The Office of the Secretary of Education administers the program. This bill would authorize the Secretary for Education to adopt emergency regulations governing the method of allocating program funds for the 2000-01 fiscal year. (24) Existing law authorizes a joint powers authority to issue bonds in order to (1) purchase obligations of local agencies or make loans to local agencies to finance the local agencies' unfunded actuarial pension liability or to purchase or make loans to finance the purchase of delinquent assessments or taxes or (2) acquire any or all right, title, or interest of a local agency in and to the enforcement and collection of delinquent and uncollected property taxes, assessments, and other receivables placed for collection on the property tax rolls and makes the authority described in (2) inoperative through June 30, 2001. This bill would instead require the amount of property tax receipts to be reported in a fiscal year for certain school districts that participate in a joint powers authority using financing through the authority described above to be equal to 100% of the district's allocable share of the taxes levied for the fiscal year on its behalf. The bill would require 100% of the school district's allocable share of delinquent taxes levied for the fiscal year to be paid by the joint powers authority to the county auditor and distributed to school districts by the county auditor. (25) Existing law, the Budget Act of 2000, as approved by the Governor, appropriates $3,469,000 to the State Department of Education for local assistance and contains a provision that $4,000,000 of the funds appropriated by that budget item is for expansion and growth. This bill would delete the provision regarding expansion and growth. (26) Existing law, the Budget Act of 2000, appropriates $7,022,000 to the State Department of Education for local assistance and contains a provision that states that $7,022,000 is available for matching federal Workforce Investment Act funds. This bill would delete the provision making the funds available for matching funds and would instead require the Superintendent of Public Instruction to allocate those funds to adult schools, Regional Occupational Centers and Programs, school districts operating high schools, and county offices of education that operate alternative programs for high school youth. (27) Existing law appropriates $337,373,000 for purposes of Regional Occupational Centers and Programs and authorizes the direct apportionment to joint powers authorities of revenue limits funds for those centers and programs. This bill would delete this authorization. (28) Existing law appropriates $118,650,000 for local assistance to the State Department of Education. This bill would require these funds to be allocated for purposes of teacher recruitment and retention as specified in Chapter 70 of the Statutes of 2000. (29) Existing law, the Budget Act of 2000, provides that specified amounts shall revert to the Proposition 98 Reversion Account. This bill would add to the items that would revert to the Proposition 98 Reversion Account. (30) Existing law, Chapter 72 of the Statutes of 2000, appropriates $32,852,000 from the General Fund to the Superintendent of Public Instruction for allocation to various purposes. This bill would increase the appropriation to $33,352,000 by adding a $500,000 allocation to the Los Angeles Unified School District for the renovation of the San Fernando Middle School Auditorium. The bill would reappropriate $100,000 to the Hispanic Media Education Group for an evaluation of the Cada Cabeza Es Un Mundo Latino-Chicano High School Dropout Prevention Program. (31) The bill would, notwithstanding any other provision of law, modify the formula for average daily attendance for the Compton Unified School District for the 1999-2000 fiscal year. (32) This bill would incorporate additional changes in Section 42238 of the Education Code, proposed by AB 2907, to be operative only if AB 2907 and this bill are both chaptered and become effective January 1, 2001, and this bill is chaptered last. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8006 of the Education Code is amended to read: 8006. (a) There is, in the State Department of Education a career technical education staff responsible for the design, implementation, and maintenance of a basic integrated statewide information system for career technical education and technical training. The Board of Governors of the California Community Colleges shall collect and maintain information related to career technical education and technical training within the California Community Colleges for inclusion within the integrated statewide information system. (b) The data gathering and analysis capabilities of the system described in subdivision (a) shall include, but not be limited to, maintaining comprehensive inventory of all programs of all career technical education and technical training programs which are maintained by the public schools. SEC. 2. Section 8007 of the Education Code is amended to read: 8007. The State Department of Education and the Board of Governors of the California Community Colleges shall submit the following reports each year to the Legislature: (a) An annual descriptive report containing information on career technical education and technical training programs, including regional occupational centers and programs. The report shall be coordinated with federal evaluation requirements pursuant to Public Law 101-392 and shall contain all of the following: (1) Enrollment defined in terms of secondary pupils, postsecondary students, and adults. (2) The number of graduates of programs and dropout rates. (3) The number of students trained for specific entry level occupations. (4) Fiscal information, including income by source and expenditure by category. (5) Other factors as determined in Budget Act language pursuant to Section 33404. (b) An annual individual program evaluation derived from a representative sample of participating districts and schools containing information on program effectiveness as measured by: (1) The extent to which persons who complete the program: (A) Find employment in occupations related to their training. (B) Are considered by their employers to be well trained and prepared for employment. (2) Other factors as determined in Budget Act language pursuant to Section 33404. (c) A copy of the annual state plan for career technical education. SEC. 3. Section 8070 of the Education Code is amended to read: 8070. The governing board of each school district participating in a career technical education program shall appoint a career technical education advisory committee to develop recommendations on the program and to provide liaison between the district and potential employers. The committee shall consist of one or more representatives of the general public knowledgeable about the disadvantaged, students, teachers, business, industry, school administration, and the field office of the Department of Employment Development. SEC. 4. The heading of Article 5 (commencing with Section 8090) of Chapter 1 of Part 6 of the Education Code is amended to read: Article 5. Career Technical Education Contracts SEC. 5. Section 8092 of the Education Code is amended to read: 8092. (a) Any school district or districts, any county superintendent or superintendents, or the governing body of any agency maintaining a regional occupational center or program may contract with a private postsecondary school that is authorized or approved pursuant to Chapter 3 (commencing with Section 94300) of Part 59 and has been in operation not less than two full calendar years prior to the effective date of the contract, to provide career technical skill training authorized by this code. Any school district, community college district, or county superintendent of schools may contract with an activity center, work activity center, or sheltered workshop to provide career technical skill training authorized by this code in any adult education program for substantially handicapped persons operated pursuant to subdivision (a) of Section 41976. (b) All contracts between a public entity and a private postsecondary school entered into pursuant to this section, or an activity center, work activity center, or sheltered workshop shall do all of the following: (1) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the public schools or the tuition the private postsecondary school charges its private students, whichever is lower. (2) Provide that the public school receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the public entity for the purposes of apportionments from the State School Fund. (3) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Career Technical Education, or is a course of study for adult schools approved by the State Department of Education under Section 51056. (c) The students who attend a private postsecondary school or an activity center, work activity center, or sheltered workshop pursuant to a contract under this section shall be enrollees of the public entity and the career technical instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting public entity. (d) The Department of Finance and the State Department of Education may audit the accounts of both the public entity and the private party involved in these contracts to the extent necessary to assure the integrity of the public funds involved. SEC. 6. Section 8092.5 of the Education Code is amended to read: 8092.5. (a) A community college district may contract with a public or private postsecondary educational institution in a neighboring state that borders on the district boundary to provide career technical skill training for district students authorized by this code. The contracts shall meet the requirements of Section 8092 and shall meet the general intent of Chapter 7 (commencing with Section 94700) of Part 59. (b) This section shall become operative on January 1, 1997. SEC. 7. Section 8093 of the Education Code is amended to read: 8093. The provisions of Article 3 (commencing with Section 39140) of Chapter 2 of Part 23 of Division 3 of Title 2, or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of Division 7 of Title 3 shall not apply to any building which is used by a private postsecondary school for purposes of providing career technical skill training for pupils pursuant to a contract under Section 8092 entered into by a public school entity and a private educational institution; provided that all of the following requirements are met: (a) The building is not owned, leased, rented, or being purchased by, nor situated on property owned or being purchased by, a public school entity. (b) The only public school purpose for which that building is used is pursuant to a contract entered into pursuant to Section 8092. (c) The building is not reconstructed, altered, or added to by a public school entity at a cost exceeding ten thousand dollars ($10,000). SEC. 8. Section 8100 of the Education Code is amended to read: 8100. The Superintendent of Public Instruction shall approve courses of career technical training for the purposes of loans authorized by Section 7185 of the Financial Code. SEC. 9. Section 8234 of the Education Code is repealed. SEC. 10. Section 8278.3 of the Education Code is amended to read: 8278.3. (a) (1) The Child Care Facilities Revolving Fund is hereby established in the State Treasury to provide funding for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies who provide child care and development services, pursuant to this chapter. The Superintendent of Public Instruction may transfer state funds appropriated for child care facilities into this fund for allocation to school districts and contracting agencies, as specified, for the purchase, transportation, and installation of facilities for replacement and expansion of capacity. School districts and contracting agencies using facilities made available by the use of these funds shall be charged a leasing fee, either at a fair market value for those facilities or at an amount sufficient to amortize the cost of purchase and relocation, whichever is lower, over a 10-year period. Upon full repayment of the purchase and relocation costs, title shall transfer from the State of California to the school district or contracting agency. The Superintendent of Public Instruction shall deposit all revenue derived from the lease payments into the Child Care Facilities Revolving Fund. (2) Notwithstanding Section 13340 of the Government Code, all moneys in the fund, including moneys deposited from lease payments, shall be continuously appropriated, without regard to fiscal year, to the Superintendent of Public Instruction for expenditure pursuant to this article. (b) On or before November 30, 2000, the Superintendent of Public Instruction shall submit a plan to the Office of the Secretary for Education, the Department of Finance, and the Legislative Analyst's Office. This plan shall specify the application procedures to request funding for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services, the allowable uses of the funds, and the form of the agreement, including, but not necessarily limited to, provisions to protect the state's interest, including provisions relating to maintenance and the event of contract termination. (c) On or before August 1, 1998, and on or before August 1 of each fiscal year thereafter, the Superintendent of Public Instruction shall submit to the Office of the Secretary for Education, the Department of Finance, and the Legislative Analyst's Office a report detailing the number of funding requests received and their purpose, the types of agencies which received this facilities funding, the increased capacity that these facilities generated, a description of how the facilities are being used, and a projection of the lease payments collected and the funds available for future use. SEC. 11. Section 15720 of the Education Code is repealed. SEC. 12. Section 16098 of the Education Code is repealed. SEC. 13. Section 16730 of the Education Code is repealed. SEC. 14. Section 18185 of the Education Code is repealed. SEC. 15. Section 33050 of the Education Code, as amended by Chapter 71 of the Statutes of 2000, is amended to read: 33050. (a) The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the State Board of Education to waive all or part of any section of this code or any regulation adopted by the State Board of Education that implements a provision of this code that may be waived, except: (1) Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10. (2) Chapter 6 (commencing with Section 16000) of Part 10. (3) Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10. (4) Part 13 (commencing with Section 22000). (5) Section 35735.1. (6) Paragraph (8) of subdivision (a) of Section 37220. (7) The following provisions of Part 10.5 (commencing with Section 17211): (A) Chapter 1 (commencing with Section 17211). (B) Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3. (C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462 and subdivision (a) of Section 17464; and Sections 17582 to 17592, inclusive. (8) The following provisions of Part 24 (commencing with Section 41000): (A) Sections 41000 to 41360, inclusive. (B) Sections 41420 to 41423, inclusive. (C) Sections 41600 to 41866, inclusive. (D) Sections 41920 to 42911, inclusive. (9) Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25. (10) Part 26 (commencing with Section 46000). (11) Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27. (12) Section 51513. (13) Chapter 6.10 (commencing with Section 52120) of Part 28, relating to class size reduction. (14) Section 52163. (15) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6. (16) Sections 52165, 52166, and 52178. (17) Article 3 (commencing with Section 52850) of Chapter 12 of Part 28. (18) Section 56364.1, except that this restriction shall not prohibit the State Board of Education from approving any waiver of Section 56364 or Section 56364.2, as applicable, relating to full inclusion. (19) Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, relating to the STAR Program, and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 that establish requirements for the STAR Program. (b) Any waiver of provisions related to the programs identified in Section 52851 shall be granted only pursuant to Article 3 (commencing with Section 52850) of Chapter 12 of Part 28. (c) The waiver of an advisory committee required by law shall be granted only pursuant to Article 4 (commencing with Section 52870) of Chapter 12 of Part 28. (d) Any request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following: (1) Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver. (2) The exclusive representative's position regarding the waiver. (e) Any request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28, that is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions: (1) Each joint waiver request shall comply with all of the requirements of this article. (2) The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency. (f) The governing board of any school district requesting a waiver under this section of any provision of Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 shall provide written notice of any public hearing it conducted pursuant to subdivision (a), at least 30 days prior to the hearing, to each public agency identified under Section 39394. SEC. 16. Section 35106 of the Education Code is amended to read: 35106. When a member of the governing board of a school district which is being reorganized and which will cease to exist takes office as a member of the initial or interim governing board of a newly formed school district, he or she shall cease to be a member of the governing board of the district being reorganized unless he or she elects to remain a member of that board. If the member does not elect to remain on the board of the district being reorganized, the county board of education shall then appoint another person who is eligible to serve on the governing board of the district being reorganized to the vacant position for the duration of the existence of the district being reorganized, but in no case for longer than 12 months. SEC. 17. Section 35500 of the Education Code is amended to read: 35500. It is the intent of the Legislature to utilize the organization of districts as they existed on January 1, 1981, and local educational needs and concerns shall serve as the basis for future reorganization of districts in each county. SEC. 18. Section 35704 of the Education Code is amended to read: 35704. The county superintendent of schools, within 30 days after any petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, transmit the petition simultaneously to the county committee and to the State Board of Education. SEC. 19. Section 35707 of the Education Code is amended to read: 35707. (a) Except for petitions for the transfer of territory, the county committee shall expeditiously transmit the petition to the State Board of Education together with its recommendations thereon. It shall also report whether any of the following, in the opinion of the committee, would be true regarding the proposed reorganization as described in the petition: (1) It would adversely affect the school district organization of the county. (2) It would comply with the provisions of Section 35753. (b) Petitions for transfers of territory shall be transmitted pursuant to Section 35704. SEC. 20. Section 35720.5 of the Education Code is amended to read: 35720.5. (a) The county committee shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization at least 30 days prior to submission of a final recommendation for unification or other reorganization to the State Board of Education. (b) The public hearing required by this section shall be called when both of the following conditions are met : (1) Notice is sent to the governing board of each school district involved at least 10 days before the hearing. (2) Notice of the hearing is either published in a newspaper of general circulation or posted in every schoolhouse and at least three public places in the affected territory, district, or districts. (c) The notice shall contain information as to the time, place, and purpose of the hearing. SEC. 21. Section 35735.3 of the Education Code is repealed. SEC. 22. Section 35756 of the Education Code is amended to read: 35756. The county superintendent of schools, within 35 days after receiving the notification provided by Section 35755, shall call an election, in the manner prescribed in Part 4 (commencing with Section 5000), to be conducted at the next available regular election, in the territory of districts as determined by the State Board of Education. SEC. 23. Section 37220.6 of the Education Code, as added by Chapter 213 of the Statutes of 2000, is amended to read: 37220.6. (a) There is hereby created the Cesar Chavez Day of Service and Learning program to promote service to the communities of California in honor of the life and work of Cesar Chavez. The program shall be administered by the California Commission on Improving Life Through Service in collaboration with the California Conservation Corps. (b) The California Commission on Improving Life Through Service may make grants to local and state operated Americorps or Conservation Corps programs that submit proposals to engage pupils through their schools and school districts in community service that qualifies as instructional time on Cesar Chavez Day, pursuant to Section 37220.5, and that honors the life and work of Cesar Chavez. The programs shall be created and organized in consultation with community groups. The Americorps or Conservation Corps programs may implement or administer the programs in collaboration with community groups and nonprofit organizations. The proposals shall demonstrate all of the following: (1) The ways and extent to which the program will be a collaborative effort between schools and the Americorps program or Conservation Corps program. (2) The ways that the service will be connected to instruction on the life and work of Cesar Chavez provided on Cesar Chavez Day. (3) The way in which the service provided will make a meaningful contribution to the community. (c) Grants made pursuant to subdivision (b) shall be in the amount of one dollar ($1) for each participating pupil, or two hundred fifty dollars ($250) for each school, whichever is greater. The California Commission on Improving Life Through Service may, at its discretion, adjust the grant amount to account for school district size, the size of the project, and the demand on existing funding. Under no circumstances may the amount granted exceed the amount of funding appropriated to carry out this section. (d) In order for the community service performed under this program to be counted as instructional time, the service shall be performed under the supervision of a teacher, as defined in subdivision (a) of Section 46300. (e) The Superintendent of Public Instruction shall develop or revise, as needed, a model curriculum on the life and work of Cesar Chavez and submit the model curriculum to the State Board of Education for adoption pursuant to subdivision (b) of Section 37220.5. Upon adoption, the Superintendent of Public Instruction shall distribute the model curriculum to each school. (f) It is the intent of the Legislature that nothing in this section, or in the act that adds this section, shall be construed to impose a mandate on school districts. (g) For the purposes of this section, "school district" includes school districts, charter schools, and county offices of education. SEC. 24. Section 41344 of the Education Code is amended to read: 41344. (a) If, as the result of an audit or review, a local education agency is required to repay an apportionment significant audit exception, the Superintendent of Public Instruction and the Director of Finance, or their designees, within 90 days of the date on which a local education agency receives the final report of the audit or review, shall jointly establish a plan for repayment of state school funds that the local education agency received on the basis of average daily attendance, or other data, that did not comply with statutory or regulatory requirements that were conditions of the apportionments. At the time the local education agency is notified, the Controller shall also be notified of the repayment plan. The repayment plan shall be established in accordance with the following: (1) The Controller shall withhold the disallowed amount at the next principal apportionment or pursuant to paragraph (2), unless subdivision (d) applies, in which case the disallowed amount shall be withheld, at the next principal apportionment or pursuant to paragraph (2) following the determination regarding the appeal. In calculating the disallowed amount, the Controller shall determine the total amount of overpayment received by the local education agency on the basis of average daily attendance, or other data, reported by the local education agency that did not comply with one or more statutory or regulatory requirements that are conditions of apportionment. (2) If the Superintendent of Public Instruction and the Director of the Department of Finance concur that repayment of the full liability in the current fiscal year would constitute a severe financial hardship for the local agency, they may approve a repayment plan of equal annual payments over a period of up to eight years. The repayment plan shall include interest on each year's outstanding balance at the rate earned on the state's short-term pooled investment fund during that year. The Superintendent of Public Instruction and the Director of the Department of Finance shall jointly establish this repayment plan. The Controller shall withhold amounts pursuant to the repayment plan. (3) If the Superintendent of Public Instruction and the Director of the Department of Finance do not jointly establish a schedule for repayment and notify the State Controller's Office of that repayment schedule within 90 days following the date on which the local education agency received the final report of the audit or review, the State Controller shall withhold the entire disallowed amount determined pursuant to paragraph (1) at the next principal apportionment. (b) For purposes of computing average daily attendance pursuant to Section 42238.5, a local educational agency's prior fiscal year average daily attendance shall be reduced by an amount equal to any average daily attendance disallowed in the current year, by an audit or review, as defined in subdivision (e). (c) Notwithstanding any other provision of law, this section may not be waived under any authority set forth in this code except that a local educational agency may request a waiver of strict compliance in accordance with Section 41609. (d) Within 60 days of the date on which a local education agency receives a final audit report resulting from an audit or review, a local agency may appeal a finding contained in the final report to a panel consisting of the Superintendent of Public Instruction, the Director of the Department of Finance, and a Chief Administrative Officer of the Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8, or one of their designees. Within 90 days of the date on which the appeal is received by the panel, a hearing shall be held at which the local agency may present evidence or arguments if the local education agency believes that the final report contains any finding that was based on errors of fact. A repayment schedule may not commence until the panel reaches a determination regarding the appeal. If the panel determines that the local agency is correct in its assertion in whole or in part, the allowable portion of any apportionment payment that was withheld shall be paid at the next principal apportionment. (e) As used in this section, "audit or review" means an audit conducted by the Controller's office, an annual audit conducted by a certified public accountant or a public accountant firm pursuant to Section 41020, and an audit or review conducted by a governmental agency that provided the local education agency with an opportunity to provide a written response. SEC. 25. Section 41851.12 of the Education Code is amended to read: 41851.12. For purposes of this article: (a) "Approved costs of home-to-school transportation" means the approved home-to-school transportation expense determined pursuant to the Annual Report of Pupil Transportation as utilized by the State Department of Education. (b) "Approved costs of special education transportation" means the approved special education transportation expense determined pursuant to the Annual Report of Pupil Transportation as utilized by the State Department of Education. SEC. 26. Section 42238 of the Education Code is amended to read: 42238. (a) For the 1984-85 fiscal year and each fiscal year thereafter, the county superintendent of schools shall determine a revenue limit for each school district in the county pursuant to this section. (b) The base revenue limit for the current fiscal year shall be determined by adding to the base revenue limit for the prior fiscal year the following amounts: (1) The inflation adjustment specified in Section 42238.1. (2) For the 1995-96 fiscal year, the equalization adjustment specified in Section 42238.4. (3) For the 1996-97 fiscal year, the equalization adjustments specified in Sections 42238.41, 42238.42, and 42238.43. (4) For the 1985-86 fiscal year, the amount received per unit of average daily attendance in the 1984-85 fiscal year pursuant to Section 42238.7. (5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount per unit of average daily attendance received in the prior fiscal year pursuant to Section 42238.8. (c) Except for districts subject to subdivision (d), the base revenue limit computed pursuant to subdivision (b) shall be multiplied by the district average daily attendance computed pursuant to Section 42238.5. (d) (1) For districts for which the number of units of average daily attendance determined pursuant to Section 42238.5 is greater for the current fiscal year than for the 1982-83 fiscal year, compute the following amount, in lieu of the amount computed pursuant to subdivision (c): (A) Multiply the base revenue limit computed pursuant to subdivision (c) by the average daily attendance computed pursuant to Section 42238.5 for the 1982-83 fiscal year. (B) Multiply the lesser of the amount in subdivision (c) or 1.05 times the statewide average base revenue limit per unit of average daily attendance for districts of similar type for the current fiscal year by the difference between the average daily attendance computed pursuant to Section 42238.5 for the current and 1982-83 fiscal years. (C) Add the amounts in subparagraphs (A) and (B). (2) This subdivision shall become inoperative on July 1, 1998. (e) For districts electing to compute units of average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.5, the amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed in subdivision (c) or (d), as appropriate. (f) For the 1984-85 fiscal year only, the county superintendent shall reduce the total revenue limit computed in this section by the amount of the decreased employer contributions to the Public Employees' Retirement System resulting from enactment of Chapter 330 of the Statutes of 1982, offset by any increase in those contributions, as of the 1983-84 fiscal year, resulting from subsequent changes in employer contribution rates. (g) The reduction required by subdivision (f) shall be calculated as follows: (1) Determine the amount of employer contributions that would have been made in the 1983-84 fiscal year if the applicable Public Employees' Retirement System employer contribution rate in effect immediately prior to the enactment of Chapter 330 of the Statutes of 1982 were in effect during the 1983-84 fiscal year. (2) Subtract from the amount determined in paragraph (1) the greater of subparagraph (A) or (B): (A) The amount of employer contributions that would have been made in the 1983-84 fiscal year if the applicable Public Employees' Retirement System employer contribution rate in effect immediately after the enactment of Chapter 330 of the Statutes of 1982 were in effect during the 1983-84 fiscal year. (B) The actual amount of employer contributions made to the Public Employees' Retirement System in the 1983-84 fiscal year. (3) For purposes of this subdivision, employer contributions to the Public Employees' Retirement System for any of the following shall be excluded from the calculation specified above: (A) Positions supported totally by federal funds that were subject to supplanting restrictions. (B) Positions supported by funds received pursuant to Section 42243.6. (C) Positions supported, to the extent of employer contributions not exceeding twenty-five thousand dollars ($25,000) by any single educational agency, from a revenue source determined on the basis of equity to be properly excludable from the provisions of this subdivision by the Superintendent of Public Instruction with the approval of the Director of Finance. (4) For accounting purposes, the reduction made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent of Public Instruction. (h) The Superintendent of Public Instruction shall apportion to each school district the amount determined in this section less the sum of: (1) The district's property tax revenue received pursuant to Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of the Government Code. (4) Prior years' taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) The amount of motor vehicle license fees distributed pursuant to Section 11003.4 of the Revenue and Taxation Code. (7) The amount, if any, received pursuant to any provision of the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), except for any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or deferred maintenance, except for any amount received pursuant to Section 33492.15, paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities. (8) For a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606, the amount of statewide average general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges, as computed by the State Department of Education pursuant to Section 47633, multiplied by the average daily attendance, in corresponding grade level ranges, of any pupils who attend charter schools funded pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8 for which the district is the sponsoring local educational agency, as defined in Section 47632, and who reside in and would otherwise have been eligible to attend a noncharter school of the district. (i) No transfer of seventh and eighth grade pupils between an elementary school district and a high school district shall result in the receiving district receiving a revenue limit apportionment for those pupils that exceeds 105 percent of the statewide average revenue limit for the type and size of the receiving school district. SEC. 26.5. Section 42238 of the Education Code is amended to read: 42238. (a) For the 1984-85 fiscal year and each fiscal year thereafter, the county superintendent of schools shall determine a revenue limit for each school district in the county pursuant to this section. (b) The base revenue limit for the current fiscal year shall be determined by adding to the base revenue limit for the prior fiscal year the following amounts: (1) The inflation adjustment specified in Section 42238.1. (2) For the 1995-96 fiscal year, the equalization adjustment specified in Section 42238.4. (3) For the 1996-97 fiscal year, the equalization adjustments specified in Sections 42238.41, 42238.42, and 42238.43. (4) For the 1985-86 fiscal year, the amount received per unit of average daily attendance in the 1984-85 fiscal year pursuant to Section 42238.7. (5) For the 1985-86, 1986-87, and 1987-88 fiscal years, the amount per unit of average daily attendance received in the prior fiscal year pursuant to Section 42238.8. (c) Except for districts subject to subdivision (d), the base revenue limit computed pursuant to subdivision (b) shall be multiplied by the district average daily attendance computed pursuant to Section 42238.5. (d) (1) For districts for which the number of units of average daily attendance determined pursuant to Section 42238.5 is greater for the current fiscal year than for the 1982-83 fiscal year, compute the following amount, in lieu of the amount computed pursuant to subdivision (c): (A) Multiply the base revenue limit computed pursuant to subdivision (c) by the average daily attendance computed pursuant to Section 42238.5 for the 1982-83 fiscal year. (B) Multiply the lesser of the amount in subdivision (c) or 1.05 times the statewide average base revenue limit per unit of average daily attendance for districts of similar type for the current fiscal year by the difference between the average daily attendance computed pursuant to Section 42238.5 for the current and 1982-83 fiscal years. (C) Add the amounts in subparagraphs (A) and (B). (2) This subdivision shall become inoperative on July 1, 1998. (e) For districts electing to compute units of average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.5, the amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed in subdivision (c) or (d), as appropriate. (f) For the 1984-85 fiscal year only, the county superintendent shall reduce the total revenue limit computed in this section by the amount of the decreased employer contributions to the Public Employees' Retirement System resulting from enactment of Chapter 330 of the Statutes of 1982, offset by any increase in those contributions, as of the 1983-84 fiscal year, resulting from subsequent changes in employer contribution rates. (g) The reduction required by subdivision (f) shall be calculated as follows: (1) Determine the amount of employer contributions that would have been made in the 1983-84 fiscal year if the applicable Public Employees' Retirement System employer contribution rate in effect immediately prior to the enactment of Chapter 330 of the Statutes of 1982 were in effect during the 1983-84 fiscal year. (2) Subtract from the amount determined in paragraph (1) the greater of subparagraph (A) or (B): (A) The amount of employer contributions that would have been made in the 1983-84 fiscal year if the applicable Public Employees' Retirement System employer contribution rate in effect immediately after the enactment of Chapter 330 of the Statutes of 1982 were in effect during the 1983-84 fiscal year. (B) The actual amount of employer contributions made to the Public Employees' Retirement System in the 1983-84 fiscal year. (3) For purposes of this subdivision, employer contributions to the Public Employees' Retirement System for any of the following shall be excluded from the calculation specified above: (A) Positions supported totally by federal funds that were subject to supplanting restrictions. (B) Positions supported by funds received pursuant to Section 42243.6. (C) Positions supported, to the extent of employer contributions not exceeding twenty-five thousand dollars ($25,000) by any single educational agency, from a revenue source determined on the basis of equity to be properly excludable from the provisions of this subdivision by the Superintendent of Public Instruction with the approval of the Director of Finance. (4) For accounting purposes, the reduction made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent of Public Instruction. (h) The Superintendent of Public Instruction shall apportion to each school district the amount determined in this section less the sum of: (1) The district's property tax revenue received pursuant to Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of the Government Code. (4) Prior years' taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) The amount of motor vehicle license fees distributed pursuant to Section 11003.4 of the Revenue and Taxation Code. (7) The amount, if any, received pursuant to any provision of the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), except for any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or major maintenance, except for any amount received pursuant to Section 33492.15, paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities. (8) For a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606, the amount of statewide average general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges, as computed by the State Department of Education pursuant to Section 47633, multiplied by the average daily attendance, in corresponding grade level ranges, of any pupils who attend charter schools funded pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8 for which the district is the sponsoring local educational agency, as defined in Section 47632, and who reside in and would otherwise have been eligible to attend a noncharter school of the district. (i) No transfer of seventh and eighth grade pupils between an elementary school district and a high school district shall result in the receiving district receiving a revenue limit apportionment for those pupils that exceeds 105 percent of the statewide average revenue limit for the type and size of the receiving school district. SEC. 27. Section 42239 of the Education Code, as added by Chapter 72 of the Statutes of 2000, is amended to read: 42239. For the 2000-01 fiscal year, and each fiscal year thereafter, the Superintendent of Public Instruction shall compute funding for supplemental instruction for each school district or charter school in the following manner: (a) Multiply the number of pupil hours of supplemental instruction claimed pursuant to Sections 37252, 37252.2, and 37252.5 by the pupil hour allowance specified in subdivision (c), or by a pupil hour allowance specified in the annual Budget Act in lieu of the amount computed in subdivision (c). (b) Multiply the number of pupil hours of supplemental instruction claimed pursuant to Sections 37252.6, 37252.8, and 37253 by the pupil hour allowance specified in subdivision (c), or by a per-pupil hour allowance specified in the annual Budget Act in lieu of the amount computed in subdivision (c). The total number of pupil hours of supplemental instruction that may be claimed pursuant to Section 37253 may not exceed the limits on pupil hours that may be claimed as established by subdivisions (c) and (d) of Section 37253. The total number of pupil hours of supplemental instruction that may be claimed pursuant to Section 37252.6 may not exceed the limits on pupil hours that may be claimed as established in subdivision (g) of that section. (c) Commencing with the 2000-01 fiscal year, hours of supplemental instruction shall be reimbursed at a rate of three dollars and 25 cents ($3.25) per pupil hour, adjusted in future years as specified in this section, provided that a different reimbursement rate may be specified for each fiscal year in the annual Budget Act that appropriates funding for that fiscal year. This amount shall be increased annually by the percentage increase pursuant to subdivision (b) of Section 42238.1 granted to school districts or charter schools for base revenue limit cost-of-living increases. (d) (1) If appropriated funding is insufficient to pay all claims made in any fiscal year pursuant to Section 37252, 37252.2, or 37252.5, the superintendent shall use any available funding appropriated for the purposes of reimbursing school districts pursuant to Section 37252, 37252.2, 37252.5, or subdivision (d) of Section 37253. (2) If appropriated funding is still insufficient to pay all claims made in any fiscal year pursuant to Section 37252, 37252.2, or 37252.5, the superintendent shall use any available funding appropriated for the purposes of reimbursing school districts for supplemental instruction in the prior fiscal year. (3) If appropriated funding is still insufficient to pay all claims made in any fiscal year pursuant to Section 37252, 37252.2, or 37252.5, the superintendent shall use any available funding appropriated for the purposes of reimbursing school districts for supplemental instruction in the current fiscal year. (4) The superintendent shall notify the Director of Finance that there is a deficiency of funding appropriated for the purposes of Sections 37252, 37252.2, and 37252.5 only after the superintendent has exhausted all available balances of appropriations made for the current or prior fiscal years for the reimbursement of school districts for supplemental instruction. (e) Notwithstanding any other provision of law, neither the State Board of Education nor the Superintendent of Public Instruction may waive any provision of this section. SEC. 28. Section 42239.2 of the Education Code, as amended by Chapter 72 of the Statutes of 2000, is amended to read: 42239.2. (a) The Superintendent of Public Instruction shall allocate a minimum of six thousand seven hundred sixty-six dollars ($6,766) for supplemental summer school programs established pursuant to Article 1 (commencing with Section 53025) of Chapter 16 of Part 28, from funds appropriated therefor in each school district for which the prior fiscal year enrollment was less than 500 and that offers at least 1,500 hours of supplemental summer school instruction. A school district for which the prior fiscal year enrollment was less than 500 that offers less than 1,500 hours of supplemental summer school offerings shall receive a proportionately reduced allocation. (b) Minimum allocations for supplemental summer school programs required pursuant to subdivision (a) shall be adjusted for inflation in the 2000-01 fiscal year, and each fiscal year thereafter, in accordance with Section 42238.1. (c) For purposes of this section a charter school is a schoolsite and is not a school district. (d) Notwithstanding any other provision of law, neither the State Board of Education nor the Superintendent of Public Instruction may waive any provision of this section. SEC. 29. Section 42261 of the Education Code is amended to read: 42261. Commencing in the 1990-91 fiscal year, a school district may apply for a year-round school grant pursuant to this article, if the school district demonstrates to the Superintendent of Public Instruction all of the following: (a) There is substantial overcrowding in the school district or its high school attendance areas, as demonstrated by current enrollment, capacity of facilities, and growth projections. (b) The school district will use the grant to implement or operate multitrack year-round educational programs in one or more of its schools in order to increase the capacity of its facilities. (c) The school district would be eligible to construct new facilities under Chapter 12.5 (commencing with Section 17070.10) of Part 10 absent the use of multitrack year-round educational programs. SEC. 30. Section 42263 of the Education Code is amended to read: 42263. (a) Commencing in the 1990-91 fiscal year, year-round school grants, in addition to those grants authorized under Section 42262, shall be awarded annually for the operation of multitrack year-round education programs to school districts that meet the criteria specified in this section, in addition to the criteria otherwise applicable under this article. (b) For each fiscal year, for each schoolsite for which a school district applies for funding under this article, the district shall certify the number of pupils in excess of the capacity of the schoolsite, as determined by State Allocation Board or court-mandated pupil loading standards, for which the district elects to claim funding under this article. The excess pupil capacity calculated for purposes of this subdivision shall reflect only the additional capacity that has been generated as a result of operation on a multitrack year-round basis, and shall not reflect increased capacity generated by any other means. A school district shall be eligible for funding under this section only as to any schoolsite for which the pupil population certified by the district exceeds the capacity of the schoolsite by not less than 5 percent. (c) To the extent funding is made available for the purposes of this section, the Superintendent of Public Instruction shall allocate to an applicant school district, for each schoolsite that qualifies for funding under subdivision (b), an amount equal to the district's share of the product of the statewide average cost avoided per pupil, as established under subdivision (e), and the number of pupils certified by the district under subdivision (b). For purposes of this subdivision, a district's share shall be determined according to the percentage by which the number of certified pupils reflects an increase in the capacity of the schoolsite, as follows: District's Share 1. Less than 5% 0% 2. Equal to or greater than 5% but less than 10% 50% 3. Equal to or greater than 10% but less than 15% 67% 4. Equal to or greater than 15% but less than 20% 75% 5. Equal to or greater than 20% but less than 25% 85% 6. Equal to or greater than 25% 90% (d) (1) The State Allocation Board shall calculate the statewide average cost avoided per pupil under Chapter 12.5 (commencing with Section 17070.10) of Part 10 through the operation of school facilities on a multitrack year-round basis, based on the following school facilities cost components: (A) The cost of facilities construction. (B) The cost of land acquisition. (C) Relocation costs in connection with land acquisition. (D) State costs incurred as a result of interest that would be paid by the state for debt service on state general obligation bond financing to construct new school facilities under Chapter 12.5 (commencing with Section 17070.10) of Part 10. (2) The calculation of costs under subparagraphs (B) and (C) of paragraph (1) shall exclude data from the lowest quartile and the highest quartile. (3) The State Allocation Board shall calculate the statewide average cost avoided per pupil, pursuant to this subdivision, on the basis of the 1990-91 and 1991-92 fiscal years and every two-year period thereafter. No later than December 1, 1992, and biennially thereafter, the board shall report to the Legislature the result of its calculation for the prior two-year period. (e) For the 1990-91 and 1991-92 fiscal years, the "statewide average cost avoided per pupil," for purposes of this section, shall be one thousand one hundred fifty-one dollars ($1,151). For the 1992-93 fiscal year, and each fiscal year thereafter, the "statewide average cost avoided per pupil" shall be established by the statute that appropriates funding for the purposes of this section for that fiscal year. SEC. 31. Section 42267 of the Education Code is amended to read: 42267. (a) Each school district that receives funding for a schoolsite pursuant to Section 42263 for any fiscal year shall report to the Superintendent of Public Instruction, no later than June 30 of that fiscal year, the number of pupils enrolled for the schoolsite in excess of the capacity of the schoolsite, as determined by State Allocation Board or court-mandated pupil loading standards. (b) The amount of funding otherwise calculated for a schoolsite for any fiscal year pursuant to Section 42263 shall be reduced by the superintendent to reflect the extent to which the number of pupils estimated for that schoolsite for the prior fiscal year is greater than the number of pupils certified in excess of the capacity of the schoolsite for that prior fiscal year. If the amount of that reduction exceeds the funding entitlement for that schoolsite for the current fiscal year, the superintendent shall reduce the first principal apportionment to that school district in the current fiscal year by the amount of that excess. (c) If the number of pupils estimated for a schoolsite for the prior fiscal year is less than the number of pupils certified in excess of the capacity of the schoolsite for that prior fiscal year, the school district may elect to increase accordingly the number of pupils it subsequently claims for the prior fiscal year. In that event, the superintendent shall increase the district's funding entitlement under Section 42263 for the schoolsite for the current fiscal year, and the district's building area eligibility under Chapter 12.5 (commencing with Section 17070.10) of Part 10 shall be reduced accordingly pursuant to Section 17746.8. SEC. 32. Section 44689.5 of the Education Code is repealed. SEC. 33. Section 45023.1 of the Education Code, as added by Chapter 69 of the Statutes of 2000, is amended to read: 45023.1. (a) Commencing with the 2000-01 fiscal year, the governing board of a school district, the county superintendent of schools, or the county board of education may increase, for teachers meeting the requirements prescribed by this section, the salary on its adopted certificated employee salary schedule as provided in subdivision (b). For purposes of this section, any teacher for whom the governing board, county superintendent of schools, or county board of education may increase salaries shall meet all of the following criteria: (1) Hold a valid California teaching credential, not including an emergency permit, intern certificate or credential, or waiver. (2) Possess a baccalaureate or higher degree. (3) Receive a salary paid through the general fund of the district or county office. (b) The governing board, county superintendent of schools, or county board of education that increases its salaries pursuant to subdivision (a) shall perform the following computations: (1) The governing board, county superintendent of schools, or county board of education shall designate as the lowest salary on the salary schedule for a certificated employee meeting the criteria in subdivision (a) an amount that is at least an annual salary of thirty-four thousand dollars ($34,000) in the 2000-01 fiscal year. (2) The governing board, county superintendent of schools, or county board of education shall increase to the annual salary amount in paragraph (1) the salary of any certificated employee meeting the criteria in subdivision (a) whose salary on the salary schedule for the 1999-2000 fiscal year was less than the amount computed in paragraph (1) and, notwithstanding Section 45028, shall incorporate that increase into the salary schedule commencing with the 2000-01 fiscal year. (c) Each school district or county office of education that increases its beginning teacher annual minimum salary to thirty-four thousand dollars ($34,000) pursuant to subdivision (b) shall elect, except as provided in subdivision (j), to receive reimbursement for the cost of the increase pursuant to only one of the following two options: (1) Option One: (A) In fiscal year 2000-01, a school district, county superintendent of schools, or county office of education that increases salaries pursuant to paragraph (2) of subdivision (b) and selects reimbursement Option One shall receive an amount equal to six dollars ($6) times the district's or county office's second principal apportionment average daily attendance for the 1999-2000 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (B) Divide the amount received from the state pursuant to subparagraph (A) for the 2000-01 fiscal year by the school district or county office of education second principal apportionment average daily attendance for the 1999-2000 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (C) For the 2001-02 fiscal year and each fiscal year thereafter, for each school district that increases its salaries pursuant to subdivision (a), the Superintendent of Public Instruction shall sum the results of paragraphs (i) and (ii) and add that figure to the total school district revenue limit computed pursuant to Section 42238: (i) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (D) For the 2001-02 fiscal year and each fiscal year thereafter, for each county office of education that increases its salaries subdivision (a), the Superintendent of Public Instruction shall add the sum of paragraphs (i) and (ii) to the county office of education revenue limit computed pursuant to Section 2550: (i) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (E) The school district, county superintendent of schools, or county office of education shall utilize these incentive funds not only to meet the new beginning teacher annual minimum salary of thirty-four thousand dollars ($34,000), but may also use the funds to generally enhance teachers' salaries in order to achieve the goals of retention of qualified, competent, and experienced teachers and the attainment of a reasonable salary commensurate with a teacher's experience, education, and responsibilities. (2) Option Two: A school district, county superintendent of schools, or county office of education may submit a request to the Superintendent of Public Instruction, on a form supplied by the Superintendent of Public Instruction, for state funding computed as follows: (A) Total the salaries of all certificated employees receiving increased salaries up to a maximum of thirty-four thousand dollars ($34,000) per person pursuant to subdivision (b) for the 2000-01 fiscal year. (B) Total all salaries, based on the salary schedule for the 2000-01 fiscal year before the increase made pursuant to subdivision (b), of all certificated employees receiving increased salaries pursuant to subdivision (b). (C) Subtract the amount in subparagraph (B) from the amount in subparagraph (A). (D) Multiply the amount in subparagraph (C) by the district's statutory benefit rates. (E) For the 2000-01 fiscal year, a school district, county superintendent of schools, or county office of education that increases salaries pursuant to paragraph (2) of subdivision (b) and selects reimbursement Option Two shall receive the sum of paragraphs (C) and (D). (F) Divide the sum of the amounts received pursuant to paragraphs (C) and (D) for the 2000-01 fiscal year by the school district and county office of education average daily attendance for the second principal apportionment for the 2000-01 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (G) For the 2001-02 fiscal year and each fiscal year thereafter, for each school district that increases its salaries pursuant to subdivision (a), the Superintendent of Public Instruction shall sum the results of paragraphs (i) and (ii) and add that figure to the total school district revenue limit computed pursuant to Section 42238: (i) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (H) For the 2001-02 fiscal year and each fiscal year thereafter, for each county office of education that increases its salaries subdivision (a), the Superintendent of Public Instruction shall add the sum of paragraphs (i) and (ii) to the county office of education revenue limit computed pursuant to Section 2550: (i) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (d) Any state funds received pursuant to this section and not used pursuant to the conditions of this section shall be returned to the state. (e) If the funds requested by the school districts, the county superintendents of schools, and the county offices of education for the 2000-01 fiscal year exceed the state appropriation for this section, the Superintendent of Public Instruction shall reduce all requests by the application of a single, common percentage factor for apportionment purposes, so as not to exceed the amount appropriated for this purpose. (f) A school district or county office of education shall receive reimbursement pursuant to subdivision (c) only. However, this section does not prohibit a school district and its employees from negotiating salary schedules. (g) The adjustments to school district and county office of education revenue limits prescribed in subparagraphs (C) and (D) of paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of paragraph (2) of subdivision (c), respectively, shall continue so long as the increase in the salary schedule made pursuant to paragraph (2) of subdivision (b) or subdivision (i) is maintained. (h) The Superintendent of Public Instruction shall issue appropriate forms to school districts and county offices of education no later than September 1, 2000. School districts, county superintendents of schools, or county offices of education shall notify the Superintendent of Public Instruction no later than December 31, 2000, regarding which option they wish to exercise for the 2000-01 fiscal year. School districts, county superintendents of schools, or county offices of education shall file their claim form for state funds with the Superintendent of Public Instruction no later than March 1, 2001. (i) Adjustments made to school district or county office of education revenue limits pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of paragraph (2) of subdivision (c), respectively, shall not be considered part of the base revenue limit for the purpose of computing equalization adjustments or determining other wealth-related differences in school funding. (j) Notwithstanding subdivision (c), a school district or county office of education that already has as the annual minimum salary for beginning teachers who meet the criteria in subdivision (a) in an amount equal to or greater than thirty-four thousand dollars ($34,000) shall be eligible to receive reimbursement pursuant to Option One. SEC. 34. Section 47636 of the Education Code is amended to read: 47636. (a) This chapter may not be construed to prevent charter schools from applying for, or receiving, operational funding under state or federal categorical programs, the funding of which is not included in the computation of the block grant entitlement. Unless specifically prohibited, a charter school shall only apply for federal or state categorical programs as follows: (1) A charter school that elects to receive its funding directly, pursuant to Section 47651, may apply for federal and state categorical programs individually. Except as otherwise provided in this chapter, for purposes of determining eligibility for, and allocations of federal or state categorical aid, a charter school that applies individually shall be deemed to be a school district. (2) A charter school that does not elect to receive its funding directly may apply for federal and state categorical programs in cooperation with its authorizing local educational agency. (b) This chapter may not be construed to prevent a charter school from negotiating with a local educational agency for a share of operational funding from sources not otherwise set forth in this chapter including, but not limited to, all of the following: (1) Forest reserve revenues and other operational revenues received due to harvesting or extraction of minerals or other natural resources. (2) Sales and use taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (3) Parcel taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (4) Ad valorem property taxes received by a school district which exceed its revenue limit entitlement. (5) "Basic aid" received by a school district pursuant to Section 6 of Article IX of the California Constitution. SEC. 35. Section 48209.9 of the Education Code is amended to read: 48209.9. (a) Commencing January 1, 1994, any application for transfer under this article shall be submitted by the pupil's parent or guardian to the school district of choice that has elected to accept transfer pupils pursuant to Section 48209.1 prior to January 1 of the school year preceding the school year for which the pupil is to be transferred. This application deadline may be waived upon agreement of the pupil's school district of residence and the school district of choice. (b) The application shall be submitted on a form provided for this purpose by the State Department of Education and may request enrollment of the pupil in a specific school or program of the district. (c) Not later than 90 days after the receipt by a school district of an application for transfer, the governing board of the district shall notify the parent or guardian in writing whether the application has been provisionally accepted or rejected or of the pupil's position on any waiting list. Final acceptance or rejection shall be made by May 15 preceding the school year for which the pupil is to be transferred. In the event of an acceptance, that notice shall be provided also to the school district of residence. If the application is rejected, the district governing board shall set forth in the written notification to the parent or guardian the specific reason or reasons for that determination, and shall ensure that the determination, and the specific reason or reasons therefor, are accurately recorded in the minutes of the board meeting in which the determination was made. (d) The parent or guardian of a pupil who is prohibited from transferring pursuant to either subdivision (b) of Section 48209.1 or Section 48209.7 may appeal the decision to the county board of education. (e) Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice through the adoption of a resolution withdraws from participation in the program and no longer will accept any transfer pupils from other districts. However, if a school district of choice withdraws from participation in the program, high school pupils admitted under this article may continue until they graduate from high school. SEC. 36. Section 48664 of the Education Code, as amended by Chapter 71 of the Statutes of 2000, is amended to read: 48664. (a) (1) In addition to funds from all other sources, the Superintendent of Public Instruction shall apportion to each school district that operates a community day school four thousand dollars ($4,000) per year, and for each county office of education that operates a community day school three thousand dollars ($3,000) per year, for each unit of average daily attendance reported at the annual apportionment for pupil attendance at community day schools, adjusted annually commencing with the 1999-2000 fiscal year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1. Average daily attendance reported for this program shall not exceed 0.375 percent of a district's prior year P2 average daily attendance in an elementary school district, 0.5 percent of a district's prior year P2 average daily attendance in a unified school district, or 0.625 percent of a district's prior year P2 average daily attendance in a high school district. The units of average daily attendance of a community day school operated by a county office of education shall not exceed the unused units of average daily attendance of the community day schools operated by the school districts within the jurisdiction of that county office of education. (2) The Superintendent of Public Instruction may reallocate to any school district any unexpended balance of the appropriations made for the purposes of this subdivision for actual pupil attendance in excess of the percentage specified in this subdivision for the school district in an amount not to exceed one-half of that percentage. However, the average daily attendance generated by pupils expelled pursuant to subdivision (d) of Section 48915, shall not be subject to these percentage caps on average daily attendance. (b) The average daily attendance of a community day school shall be determined by dividing the total number of days of attendance in all full school months, by a divisor of 70 in the first period of each fiscal year, by a divisor of 135 in the second period of each fiscal year, and by a divisor of 180 at the annual time of each fiscal year. (c) The Superintendent of Public Instruction shall apportion to each school district that operates a community day school an amount equal to four dollars ($4), adjusted annually commencing with the 1999-2000 fiscal year for inflation pursuant to subdivision (b) of Section 42238.1, multiplied by the total of the number of hours each schoolday, up to a maximum of two hours daily, that each community day school pupil remains at the community day school under the supervision of an employee of the school district, or a consortium of school districts pursuant to Section 48916.1, reporting the attendance of the pupils for apportionment funding following completion of the full six-hour instructional day. (d) It is the intent of the Legislature that districts enter into consortia, as feasible, for the purpose of providing community day school programs. Any school district with fewer than 2,501 units of average daily attendance may request a waiver for any fiscal year of the funding limitations set forth in this section. The Superintendent of Public Instruction shall approve a waiver if he or she deems it necessary in order to permit the operation of a community day school of reasonably comparable quality to those offered in a school district with 2,501 or more units of average daily attendance. In no event shall the amount allocated pursuant to a waiver exceed the amount provided for one teacher pursuant to Section 42284, for pupils enrolled in kindergarten and grades 1 to 6, inclusive, or the amount provided for one teacher pursuant to Section 42284, for pupils enrolled in grades 7 to 12, inclusive. The provisions of this act shall not apply to any school district that applied for a waiver within the funding limits established by this subdivision but was denied funding or not fully funded. (e) The State Department of Education shall evaluate and report to the appropriate legislative policy committees and budget committees on or before October 1, 1998, and for two years thereafter the following programmatic and fiscal issues: (1) The number of expulsions statewide. (2) The number of school districts operating community day schools. (3) Status of the countywide plans as defined in Section 48926. (4) An evaluation of the community day school average daily attendance funding percentage cap. (5) Number of small school districts requesting and the number receiving a waiver under this section. (6) The effect of hourly accounting under Section 48663 for purposes of receiving the additional funding under Section 48664. (7) The number of pupils and average daily attendance served in community day programs, further identified as the number expelled pursuant to subdivision (b) of Section 48915, subdivision (d) of Section 48915, other expulsion criteria, or referred through a formal district process. (8) Pupil outcome data and other data as required under Section 48916.1. (9) Other programmatic or fiscal matters as determined by the State Department of Education. (f) The additional funds provided in subdivisions (a) (c), and (d) shall only be allocated to the extent that funds are appropriated for this purpose in the annual Budget Act or other legislation, or both, except for pupils expelled pursuant to subdivision (d) of Section 48915. For pupils expelled pursuant to subdivision (d) of Section 48915, the funds apportioned under subdivision (a) are continuously appropriated from the General Fund to Section A of the State School Fund. (g) A one-time adjustment shall be made to the amount specified in subdivision (a), for the 1998-99 fiscal year and subsequent fiscal years, by increasing that amount by the statewide average quotient resulting from dividing the average daily attendance specified in subparagraph (B) of paragraph (3) of subdivision (a) of Section 42238.8 by the amount specified in subparagraph (C) of paragraph (3) of subdivision (a) of Section 42238.8. SEC. 37. Section 49581 of the Education Code is repealed. SEC. 38. Section 51220 of the Education Code is amended to read: 51220. The adopted course of study for grades 7 to 12, inclusive, shall offer courses in the following areas of study: (a) English, including knowledge of and appreciation for literature, language, and composition, and the skills of reading, listening, and speaking. (b) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust, and contemporary issues. (c) Foreign language or languages, beginning not later than grade 7, designed to develop a facility for understanding, speaking, reading, and writing the particular language. (d) Physical education, with emphasis given to physical activities that are conducive to health and to vigor of body and mind. (e) Science, including the physical and biological aspects, with emphasis on basic concepts, theories, and processes of scientific investigation and on the place of humans in ecological systems, and with appropriate applications of the interrelation and interdependence of the sciences. (f) Mathematics, including instruction designed to develop mathematical understandings, operational skills, and insight into problem-solving procedures. (g) Visual and performing arts, including art, music, or drama, with emphasis upon development of aesthetic appreciation and the skills of creative expression. (h) Applied arts, including instruction in the areas of consumer and homemaking education, industrial arts, general business education, or general agriculture. (i) Career technical education designed and conducted for the purpose of preparing youth for gainful employment in the occupations and in the numbers that are appropriate to the personnel needs of the state and the community served and relevant to the career desires and needs of the pupils. (j) Automobile driver education, designed to develop a knowledge of the provisions of the Vehicle Code and other laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness and consequences of traffic accidents, and to develop the knowledge and attitudes necessary for the safe operation of motor vehicles. A course in automobile driver education shall include education in the safe operation of motorcycles. (k) Other studies as may be prescribed by the governing board. SEC. 39. Section 51224 of the Education Code is amended to read: 51224. The governing board of any school district maintaining a high school shall prescribe courses of study designed to provide the skills and knowledge required for adult life for pupils attending the schools within its school district. The governing board shall prescribe separate courses of study, including, but not limited to, a course of study designed to prepare prospective pupils for admission to state colleges and universities and a course of study for career technical training. SEC. 40. Section 51225.3 of the Education Code is amended to read: 51225.3. (a) Commencing with the 1988-89 school year, no pupil shall receive a diploma of graduation from high school who, while in grades 9 to 12, inclusive, has not completed all of the following: (1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified. (A) Three courses in English. (B) Two courses in mathematics. (C) Two courses in science, including biological and physical sciences. (D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics, and a one-semester course in economics. (E) One course in visual or performing arts or foreign language. For the purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. (F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. (2) Other coursework as the governing board of the school district may by rule specify. (b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study which may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. SEC. 41. Section 51225.4 of the Education Code is amended to read: 51225.4. The governing board of each elementary school district shall certify to the Superintendent of Public Instruction that it has adopted a policy to implement a course of instruction that sufficiently prepares the pupils in the district for the course of study required in Section 51225.3. This certification shall be submitted to the superintendent at the same time the district submits its apportionment reports. SEC. 42. Section 51226 of the Education Code is amended to read: 51226. The Superintendent of Public Instruction shall coordinate the development, on a cyclical basis, of model curriculum standards for the course of study required by Section 51225.3 and for a career technical education course of study necessary to assist school districts with complying with subdivision (b) of Section 51228. The superintendent shall set forth these standards in terms of a wide range of specific competencies, including higher level skills, in each academic subject area. The superintendent shall review currently available textbooks in conjunction with the curriculum standards. The superintendent shall seek the advice of classroom teachers, school administrators, parents, postsecondary educators, and representatives of business and industry in developing these curriculum standards. The superintendent shall recommend policies to the State Board of Education for consideration and adoption by the board. The State Board of Education shall adopt these policies no later than January 1, 1985. However, neither the superintendent nor the board shall adopt rules or regulations for course content or methods of instruction. The superintendent shall, to the extent applicable, incorporate the integration of career technical and academic education into the development of curriculum standards for career technical education courses. The standards for a career technical education course of study shall be adopted no later than May 1, 1991. SEC. 43. Section 51412 of the Education Code is amended to read: 51412. No diploma, certificate or other document, except transcripts and letters of recommendation, shall be conferred on a pupil as evidence of completion of a prescribed course of study or training, or of satisfactory attendance, unless the pupil has met the standards of proficiency in basic skills prescribed by the governing board of the high school district, or equivalent thereof. SEC. 44. Section 52270 of the Education Code, as added by Chapter 78 of the Statutes of 2000, is amended to read: 52270. The Education Technology Grant Program is hereby established to provide one-time grants to school districts and charter schools for purposes of acquiring computers for instructional purposes at public schools. The Office of the Secretary for Education shall administer the application process for the award of grants. (a) The first priority for the use of the funds is to ensure that high school pupils in schools offering three or fewer advanced placement courses have access to advanced placement courses online. Grants awarded for the first priority may be expended to purchase or lease computers and related equipment and for wiring or infrastructure necessary to achieve connectivity to on-line advanced placement courses. (b) The second priority for the use of the funds is to increase the number of computers available to all other public schools that offer instruction in kindergarten or any of grades 1 to 12, inclusive. Grants awarded for the purposes of the second priority shall be awarded at the school district level and shall be based on a ratio of pupils per computer, as determined by the Office of the Secretary for Education. A school district that receives a grant shall award the funds to its schools that have the highest number of pupils per computer. Each education technology grant awarded based on the second priority shall only be used for the purchase or lease of computers including system configuration, software, and instructional material. The grant amount awarded to each school district or charter school for the second priority shall be determined by the Office of the Secretary for Education. (c) All funds awarded pursuant to this section shall be used solely to purchase or lease equipment and related materials for instructional purposes and limited to classroom, library, or technology and media centers in order to provide access to on-line advanced placement courses for pupil and increase the number of computers per pupil. These grant funds are to supplement, not supplant, existing local, state, and federal education technology funds, including Digital High School funds. (d) To receive a grant pursuant to this section, school districts and charter schools shall have developed an education technology plan or shall develop a plan with the assistance of the California Technology Assistance Project specifically for the use of the funds available pursuant to this section within 90 days after submission of the application for a grant pursuant to this chapter. The plan shall address the use of these and other technology funds to ensure they are used effectively and in a manner consistent with other education technology available at the schoolsite. School districts and charter schools that choose to lease equipment shall include in their technology plan a payment schedule and shall identify the funding source or sources for lease payments over the life of the lease, including, but not limited to, establishing a technology leasing account and amortizing the available state funding over the term of the lease, if appropriate. In addition, the term of the lease shall be no longer than four years unless authorized at local discretion, in which case the lease or purchase shall be funded at local expense. A school district or charter school with an existing certified or approved education technology plan developed pursuant to other provisions of law may utilize the existing plan for the purposes of this program but shall, if necessary, amend that plan to meet the requirements of this subdivision if the school district or charter school chooses to lease the computers. (e) School districts and charter schools may purchase or lease computers, related equipment and materials, and other goods and services using any statewide or cooperative contracts, schedules, or other agreements, established by the Department of General Services. (f) Funding for the purposes of this section is contingent on an appropriation made in the annual Budget Act or other legislation, or both. (g) Funds appropriated to carry out this section in the 2000-01 fiscal year shall only be available to high schools, or charter schools, that serve any of grades 9 to 12, inclusive. (h) The Secretary for Education may adopt emergency regulations governing the method of allocating funds for the Education Technology Grant Program for the 2000-01 fiscal year. SEC. 45. The heading of Chapter 9 (commencing with Section 52300) of Part 28 of the Education Code is amended to read: CHAPTER 9. CAREER TECHNICAL EDUCATION SEC. 46. Section 52300 of the Education Code is amended to read: 52300. In enacting this article, it is the intent of the Legislature to provide qualified students with the opportunity to attend a technical school or enroll in a career technical or technical training program, regardless of the geographical location of their residence in a county or region. The Legislature hereby declares that a regional occupational center will serve the state and national interests in providing career technical and technical education to prepare students for an increasingly technological society in which generalized training and skills are insufficient to prepare high school students and graduates, and out-of-school youth and adults for the many employment opportunities which require special or technical training and skills. The Legislature also declares that regional occupational centers will enable a broader curriculum in technical subjects to be offered, and will avoid unnecessary duplication of courses and expensive training equipment, and will provide a flexibility in operation which will facilitate rapid program adjustments and meeting changing training needs as they arise. It is recognized by the Legislature that career technical programs may achieve great flexibility of planning, scope and operation by the conduct of these programs in a variety of physical facilities at various training locations. It is the further intent of the Legislature that regional occupational centers and programs provide career technical and occupational instruction related to the attainment of skills so that trainees are prepared for gainful employment in the area for which training was provided, or are upgraded so they have the higher level skills required because of new and changing technologies or so that they are prepared for enrollment in more advanced training programs. SEC. 47. Section 52301 of the Education Code is amended to read: 52301. (a) The county superintendent of schools of each county, with the consent of the State Board of Education, may establish and maintain, or with one or more counties may establish and maintain, at least one regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses. The governing boards of any school districts maintaining high schools in the county may, with the consent of the State Board of Education and of the county superintendent of schools, cooperate in the establishment and maintenance of a regional occupational center or program, except that if a school district also maintains 500 or more schools, its governing board may establish and maintain one or more regional occupational centers or programs, without those restrictions. A regional occupational center or program may be established by two or more school districts maintaining high schools through the use of the staff and facilities of a community college or community colleges serving the same geographic area as the school districts maintaining the high schools, with the consent of the State Board of Education and the county superintendent of schools. The establishment and maintenance of a regional occupational center or program, by two or more school districts may be undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. In a regional occupational center or program, the functions of the county auditor undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code shall be performed by the county superintendent of schools in a county in which the board of supervisors has transferred educational functions from the county auditor to the county superintendent of schools pursuant to Sections 42649, as added by Chapter 533 of the Statutes of 1977, and 85265.5. If a school district or school districts establish and maintain a regional occupational center or program, pursuant to this chapter, the county superintendent of schools may, with the consent of the State Board of Education, establish and maintain a separate regional occupational center or centers or program or programs. (b) Notwithstanding other provisions of this section, a single school district located in a class 1 county, as defined in Section 1205, and having an average daily attendance of 50,000 or more, or a single school district located in a class 2 county, as defined in Section 1206, and having an average daily attendance of 100,000 or more, may apply to the State Board of Education through the county superintendent of schools for permission to establish a regional occupational center or program. Except as provided in subdivision (c), the State Board of Education shall, within 90 days of receipt of an application, prescribe a procedure whereby the district may establish a center or program in accordance with its application and in compliance with the provisions of the State Plan for Career Technical Education. The county superintendent of schools may supervise establishment of the center or program. (c) The State Board of Education may disapprove a waiver application submitted by a single school district pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 for permission to establish a regional occupational center or program which does not meet the requirements of this section if the board determines that the establishment of the center or program would have an adverse effect upon existing regional occupational centers or programs located in school districts which are contiguous to the applicant school district. The State Board of Education shall establish criteria to measure adverse effect. The criteria shall include, but not be limited to, hardship on (1) districts operating regional occupational centers or programs which are contiguous to the applicant district and (2) students of districts operating regional occupational centers or programs which are contiguous to the applicant district. (d) Notwithstanding any other provision of law, any regional occupational center or program operated by a single district under provisions of Section 33050 shall be granted permanent status if the single district has previously been granted two waivers from the State Board of Education to operate a single district regional occupational center or program and the single district maintains at least three but not more than five comprehensive high schools within the district. The revenue limit for a regional occupational center or program established under this subdivision shall be the lower of either: (1) the revenue limit under which the center or program operates as of January 1, 1985, or (2) the district's revenue limit as of January 1, 1985, except that this revenue limit shall be subject to annual percentage cost-of-living adjustments provided for regional occupational centers and programs. The governing board of the school district shall retain authority to decide whether or not to operate the regional occupational center or program under this subdivision. SEC. 48. Section 52302 of the Education Code is amended to read: 52302. The school or community college district or districts, or county superintendent or superintendents, sponsoring the regional occupational center or program shall conduct a job market study in the labor market area in which they propose to establish a regional occupational center or program. The study shall use the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information. The study shall include a California Occupational Information System supply analysis of existing career technical and occupational training programs maintained by high schools, community colleges, and private postsecondary schools in the area to ensure that the anticipated employment demand for trainees in the proposed regional occupational centers and programs justifies the establishment of the proposed courses of instruction. SEC. 49. Section 52302.3 of the Education Code is amended to read: 52302.3. (a) Every career technical course or program offered by a school district or districts or county superintendent or superintendents sponsoring a regional occupational center or program shall be reviewed every two years by the appropriate governing body to assure that each course or program does all of the following: (1) Meets a documented labor market demand. (2) Does not represent unnecessary duplication of other manpower training programs in the area. (3) Is of demonstrated effectiveness as measured by the employment and completion success of its students. (b) Any course or program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing body shall be terminated within one year. (c) The review process required by this section shall include the review and comments by the local private industry council established pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur prior to any decision by the appropriate governing body. (d) This section shall apply to each course or program commenced subsequent to the effective date of this section. SEC. 50. Section 52302.5 of the Education Code is amended to read: 52302.5. A regional occupational center or regional occupational program shall: (a) Provide individual counseling and guidance in career technical matters. (b) Provide a curriculum which includes skill training in occupational fields having current and future needs for the training. (c) Provide an opportunity for students to acquire entry level career technical skills which may lead to a combination work-study schedule. (d) Provide for the upgrading of the career technical skills of students and for retraining where necessary. (e) Maintain a pupil-teacher ratio which will enable students to achieve optimum benefits from the instructional program. (f) Assign the highest priority in services to youth from the age of 16 to 18 years, inclusive. SEC. 51. Section 52302.7 of the Education Code is amended to read: 52302.7. A regional occupational center may provide, on an individual referral basis, academic and personal development instruction for adult students enrolled in a career technical education course conducted by the regional occupational center when it is determined that it is essential for this instruction to be given to ensure the employability of the adult student. SEC. 52. Section 52302.9 of the Education Code is amended to read: 52302.9. Regional occupational centers and programs may jointly establish, operate, and share the enrollments and costs of career technical education instruction with adult education programs offered by school districts serving the same geographic area. These programs shall be approved by the State Board of Education and the county superintendent of schools and shall be subject to guidelines established by the Superintendent of Public Instruction. These programs shall also be funded at the adult revenue limit amount provided pursuant to Section 42238. SEC. 53. Section 52303 of the Education Code is amended to read: 52303. "Regional occupational program," as used in this chapter, means a career technical or technical training program which meets the criteria and standards of instructional programs in regional occupational centers and which is conducted in a variety of physical facilities which are not necessarily situated in one single plant or site. SEC. 54. Section 52305 of the Education Code is amended to read: 52305. A regional occupational center or regional occupational program may: (a) Be established pursuant to Section 52301 to provide day, including Saturday and Sunday, and evening full-time and part-time career technical education programs for minors and adults, the year around. (b) Include within its career technical training programs, the establishment and operation of a sheltered workshop. (c) Permit the establishment and operation of business, commercial, trade, manufacturing, or construction activities as will best serve the aims and purposes of career technical education. These activities shall also permit the sale of products or services to private or public corporations or companies, or to the general public. SEC. 55. Section 52309 of the Education Code is amended to read: 52309. (a) The curriculum initially provided by a regional occupational center or regional occupational program upon commencing operation shall be subject to the approval of the department and shall comply with all requirements and standards set forth in the State Plan for Career Technical Education. The department shall approve regional occupational centers only after giving due consideration to career technical education opportunities offered by community colleges serving the same geographical area. The State Board of Education shall adopt rules and regulations establishing guidelines and criteria for differentiating between courses appropriate for regional occupational centers or regional occupational programs and those appropriate for high schools. (b) The Superintendent of Public Instruction shall prepare and distribute by April 1, 1977, and thereafter maintain, a detailed handbook for use by the local educational agencies and regional councils established pursuant to Section 8020. The handbook shall contain course approval criteria, job market study criteria, implementation plans for administrative regulations, and procedures for securing course and program approvals. (c) Notwithstanding subdivision (a), the curriculum provided by a regional occupational center or program shall not be subject to the approval of the department as to any curriculum that is certified, by resolution of the governing body of the regional occupational center or program, to comply with the course approval criteria set forth in the handbook described in subdivision (b). SEC. 56. Section 52329 of the Education Code is amended to read: 52329. The governing board of a school district located in a county, or the county superintendent of schools maintaining a regional occupational program in a county, any of the boundaries of which are contiguous to the State of Arizona, may enter into an agreement with a public or private educational agency located in that state to provide to students living in the district and enrolled in a regional occupational program, career technical or technical training which, due to geographical isolation, is not otherwise available to these students. The program of training at the public or private educational agency shall be approved by the Superintendent of Public Instruction of California and shall conform to the California State Plan for Career Technical Education. The attendance of pupils receiving career technical or technical training at a public or private educational agency as authorized by this section shall be included in the computation of average daily attendance as prescribed by Sections 52324 and 52325, and shall be credited to the county school service fund of the county of residence. In no event, however, shall the county school service fund be credited with more than one unit of average daily attendance per calendar year on account of a pupil participating in a program authorized by this section. SEC. 57. Section 52331 of the Education Code is amended to read: 52331. A regional occupational program or center, established pursuant to Section 52301, may contract with a community college district to provide career technical education instruction and services for students enrolled, or seeking to enroll, in a regional occupational center or program. The instruction and services shall comply with the requirements and standards for regional occupational programs and centers as set forth in the State Plan for Career Technical Education. SEC. 58. Section 52334 is added to the Education Code, to read: 52334. Indirect costs charged to regional occupational centers and programs may not exceed the lesser of the school district or county office of education, as appropriate, prior year indirect cost rate as approved by the State Department of Education. The indirect costs charged by county offices of education and school districts that provide regional occupational centers and programs services on behalf of the county office of education or joint powers authority, when added together, may not exceed the indirect cost rate approved by the State Department of Education for the county office of education or the school district, whichever is higher. Revenue limit funds apportioned to a county office of education or school district for regional occupational centers and programs must be expended on programs and services offered by the regional occupational centers and programs. SEC. 59. Section 52336 of the Education Code is amended to read: 52336. (a) Any business, trade or professional association, union, or state or local governmental agency operating within this state may establish and operate, under the auspices of the local school district, a career preparatory program within this state that meets the requirements of this article. (b) As part of a career preparatory program, an entity establishing and operating the program shall develop and implement a course of instruction for all pupils enrolled in the program that satisfies the requirements of Section 51225.3 applicable to grades 11 and 12. (c) Subject to the development of the course of instruction delineated in subdivision (b) and to continuing certification by the State Department of Education, an entity establishing and operating a career preparatory program may propose and implement a program that is designed to provide on-the-job training and instruction in specific career technical skills to prepare students for future employment. (d) An entity establishing and operating a career preparatory program shall present pupils who have successfully completed all aspects of the program with a certificate of completion that shall supplement a high school diploma. SEC. 60. Section 52336.5 of the Education Code is amended to read: 52336.5. (a) A private entity establishing a career preparatory program pursuant to this article shall not be eligible for any moneys from the state or any school district. (b) An entity establishing a career preparatory program pursuant to Section 52336 may contract for assistance in the development or administration of that program with one or more of the following: (1) A community college district. (2) A school district that operates an adult education program. (3) A regional occupational center or program. (4) Any other public career technical education program. SEC. 61. Section 52342 of the Education Code is amended to read: 52342. In the implementation of this article, the State Department of Education shall, on a regular basis, advise and consult with representatives of the Employment Development Department, the Board of Governors of the California Community Colleges, the California Postsecondary Education Commission, the University of California, the Chancellor of the California State University, the Commission on Teacher Credentialing, the Department of Industrial Relations, the Department of Consumer Affairs, the California Advisory Council on Career Technical Education and Technical Training, and the State Personnel Board. SEC. 62. The heading of Article 3 (commencing with Section 52350) of Chapter 9 of Part 28 of the Education Code is amended to read: Article 3. Precareer Technical Education SEC. 63. Section 52350 of the Education Code is amended to read: 52350. It is the intent and purpose of the Legislature by the enactment of this chapter to curtail the growing rate of pupil dropouts or premature enrollment terminations in the public elementary and secondary schools, by authorizing special emphasis to be given precareer technical training courses of study for the benefit of pupils who are oriented toward career technical employment and who are potential school dropouts, have demonstrated aptitudes for precareer technical training, and who voluntarily elect to undertake a concentration of educational effort in precareer technical training and whose parents or guardian consents to that training. SEC. 64. Section 52351 of the Education Code is amended to read: 52351. The county superintendent or the governing board of any school district, as the case may be, maintaining any of grades 7, 8, and 9, may, upon application to, and approval by, the Superintendent of Public Instruction, establish a program having the following essential elements: (a) Identification, by appraisal and recommendation of teachers and other school authorities, aptitude tests, and other tests and means as may be authorized by the State Board of Education, of pupils whose academic attainment level and behavior as school pupils indicate that in all probability they will terminate public school enrollment prior to completion of grade 12, but who demonstrate aptitude for one or more types of precareer technical training afforded in the schools of the district. (b) Precareer technical courses of study arranged and conducted in a manner as will permit pupils to concentrate educational effort in those courses of study pursuant to this chapter. (c) Counseling and guidance procedures which will effectuate the purposes of this chapter. The county superintendent shall have primary authority to establish the program within his or her county. Should he or she fail, for any reason, to establish or initiate action for the establishment of a program after receiving a written request therefor from the governing board of a school district, the governing board shall have full authority to establish a program. SEC. 65. Section 52353 of the Education Code is amended to read: 52353. Any pupil coming within the provisions of subdivision (a) of Section 52351 shall, as a matter of free personal choice, and with the consent of the pupil's parent or guardian, without duress or coercion, be authorized to elect to enroll in precareer technical courses for which the pupil possesses demonstrated aptitudes, as follows: (a) In grade 7, one course of study in each semester of the school year. (b) In grade 8, two courses of study in each semester of the school year, provided that the pupil successfully completed any course of study in which enrolled under subdivision (a) during the preceding school year. (c) In grade 9, three courses of study in each semester of the school year, provided that the pupil successfully completed any course of study in which enrolled under subdivision (b) during the preceding school year. SEC. 66. Section 52354 of the Education Code is amended to read: 52354. It shall be unlawful, for the governing board of a school district, a county board of education, a county superintendent of schools, or any officer or employee whatever of the public school system, to willfully: (a) Cause, or aid or abet in the forced or coerced enrollment of a public school pupil in any precareer technical course of study as a disciplinary measure, whether pursuant to this chapter or otherwise. (b) Cause, or aid or abet in effecting any distinction in the form, appearance, or content of any diploma issued upon graduation from elementary school or high school based on a pupil's having enrolled in a program under this chapter as distinguished from the regular educational programs of the district involved. SEC. 67. The heading of Article 4 (commencing with Section 52370) of Chapter 9 of Part 28 of the Education Code is amended to read: Article 4. High School Career Technical Courses SEC. 68. Section 52370 of the Education Code is amended to read: 52370. The governing board of any high school district may provide for the maintenance on Saturday of special day and evening classes in career technical training authorized and provided for by any program of national defense of the federal government, or any agency thereof, acting through the State Department of Education. No apportionments from state funds based upon average daily attendance in special day or evening classes, whether maintained on Saturday or other days, shall be made where the total cost of the classes is borne by the federal government, or any agency thereof. SEC. 69. Section 52371 of the Education Code is amended to read: 52371. Pilot programs may be established by school districts to provide for the maintenance on Saturday of classes in career technical training, upon the approval of the Superintendent of Public Instruction. Career technical training may be a part of, but is not limited to, a program of national defense of the federal government, or any agency thereof. No apportionments to districts from state funds based upon average daily attendance in these classes, whether maintained on Saturday or other days, shall be made where the total cost of the classes is borne by the federal government, or any agency thereof. SEC. 70. Section 52372 of the Education Code is amended to read: 52372. The governing board of any high school district, subject to the provisions of this code relating to courses of study for high schools, the governing board of any joint powers regional occupational center or program, or the county superintendent of schools which conducts any county-operated regional occupational center or program, may establish and maintain, in connection with any high school or regional occupational center or program under its or his or her jurisdiction, cooperative career technical education programs or community classrooms as part of a career technical education course in accordance with rules and regulations prescribed by the Superintendent of Public Instruction. SEC. 71. Section 52372.1 of the Education Code is amended to read: 52372.1. (a) The Superintendent of Public Instruction shall adopt rules and regulations for cooperative career technical education programs and community classrooms. The rules and regulations shall include, but need not necessarily be limited to, all of the following: (1) Selection and approval of work and training stations. (2) Related classroom instruction. (3) Supervision of students while in training. (4) Joint venture training agreements and plans. (5) Student teacher ratios. (6) Paid and unpaid on-the-job experiences. (7) Credit for participation in cooperative career technical education programs and community classrooms. (b) As used in this section, "cooperative career technical education programs" includes cooperative agreements between schools and employers to provide students with paid on-the-job experiences, as well as career technical education instruction contributing to the student's education and employability. (c) As used in this section, "community classrooms" includes instructional methodologies which are part of a career technical education course, and which may utilize the facilities and equipment of a public agency or private business to provide students the opportunity to expand competencies developed in a career technical course in unpaid on-the-job experiences. (d) Joint venture agreements shall be entered into between the director and the management of the community classroom site to ensure that students will be provided, through unpaid on-the-job experiences, the opportunity to expand the competencies developed in the classroom instruction portion of their training. Each instructor, in cooperation with the business or agency in which the student will be placed, shall develop an individualized training plan for each pupil enrolled in a community classroom. (e) All statutes and regulations applicable to minors in employment relationships apply to cooperative career technical education programs and to community classrooms. (f) For purposes of this section, "public agency" means any public agency capable of providing unpaid on-the-job experience meeting all of the following requirements: (1) The on-the-job experiences are in occupations for which there is a local job market. (2) The on-the-job experiences are equivalent to those which could be received for each specific occupational area as if they were held at a private business site. SEC. 72. Section 52373 of the Education Code is amended to read: 52373. (a) The governing board of any high school district maintaining an agriculture course may transport pupils, instructors, or supervisors of classes to and from any classes or places where the work of the classes is being done, whether within or without the district, in the same manner and subject to the same limitations as in transporting pupils to and from school. (b) No pupil shall be required to pay any fee or charge for transportation associated with activities of career technical student organizations which are a part of a career technical class or course of instruction offered for credit, when those activities are integral to assisting the pupil to achieve the career objectives of the class or course. SEC. 73. Section 52375 of the Education Code is amended to read: 52375. No pupil shall be required to pay any fee or charge for enrollment or participation in activities of career technical student organizations which are a part of a career technical class or course of instruction offered for credit, when those activities are integral to assisting the pupil to achieve the career objectives of the class or course. This section shall apply to activities which occur during or outside of the regular schoolday. This section does not constitute a change in, but is declaratory of, existing law. Furthermore, this section shall not be construed to authorize a fee or charge for any pupil to enroll or participate in any activity other than career technical student organizations. SEC. 74. Section 52376 of the Education Code is amended to read: 52376. (a) The governing board of any school district that maintains a high school may expend supplemental funding apportioned pursuant to Section 54761 for the purposes of this section. Any governing board that expends supplemental grant funding pursuant to this section or accepts other funds made available for purposes of this section shall do all of the following: (1) By May 1, 1991, establish procedures and policies required pursuant to subdivision (b). (2) By July 1, 1992, establish a program required pursuant to subdivision (c). (b) The governing board of each school district that elects to utilize supplemental grant funding or accept other funds for the purposes of this section shall do the following: (1) Establish district policies and procedures to systematically review career technical education classes offered by the district to determine the degree to which each class may offer an alternative means for completing and receiving credit for specific portions of the district's prescribed course of study to graduate from high school. The governing board shall ensure that those classes are equivalent, in terms of content and rigor, to the courses prescribed in subdivision (a) of Section 51225.3. (2) Establish district policies and procedures to compare, not less than every three years, the local curriculum, course content, and course sequence of career technical education programs in the district with the state model curriculum standards for career technical education. (c) Each governing board expending supplemental grant funding or accepting other funds made available for the purposes of this section shall develop and implement, in consultation with the regional occupational center or program and community college serving the geographic area of the school district, a career technical education program that meets at least the following criteria: (1) Provides a series of career technical education programs, each of which offers a sequence of courses leading to specific competencies that will enable pupils to manage personal and work life and attain entry level employment in business or industry upon graduation from high school. The plan to provide a series of career technical education programs shall be consistent with local agreements with regional occupational centers and programs and community colleges regarding the responsibilities for the provision and articulation of services among those local agencies. Each governing board shall also develop and implement plans for articulation of career technical courses, or both career technical and technical courses, with the community colleges to extend the sequence of courses through grades 13 and 14. (2) Conducts or obtains access to needs data and assessment of local business and industry to ensure that the career technical education programs offered will prepare pupils in competencies for which employment opportunities exist. (3) Provides counseling and guidance services to pupils to help them meet all necessary requirements for high school graduation and make informed career preparation choices. Counseling and guidance services provided to promote the purposes of this section may include counseling for pupils in grades 6 to 12, inclusive. (4) Involves business and industry in cooperative projects with the schools to provide work experience opportunities, instructors from business and industry, assistance with needs assessments and program evaluations, and access to business and industry employment placement services. (5) Provides access to employment placement services to help graduating pupils obtain employment. (6) Includes a system of data collection to report annually to the governing board on the success or failure of each career technical education program in terms of all of the following: (A) Pupils achieving the desired competencies. (B) Pupils securing employment, particularly in jobs related to the area of their career technical preparation. (C) Pupils proceeding to advanced education and training at the postsecondary level. (D) Number and types of career technical classes offered and the number of those classes that qualify as alternative means to complete the prescribed course of study pursuant to subdivision (b) of Section 51225.3. (E) Number of pupils enrolled in career technical classes. SEC. 75. Section 52377 is added to the Education Code, to read: 52377. Any reference to "vocational" education, skill training, instruction, or training in this code shall be deemed to be a reference to "career technical" education, skill training, instruction, or training. SEC. 76. Section 52381 of the Education Code is amended to read: 52381. The Legislature finds that it is urgently necessary to reduce the continuing high level of unemployment among the youth and young adults by broadening and strengthening the existing career technical education programs to provide them with the necessary work skills in order that they will be equipped to participate in a meaningful manner in our ever increasingly technical society. It is the intent of the Legislature by the provisions of this article to afford a means whereby school districts may broaden and strengthen the existing career technical education programs and to provide the districts with necessary financial support to enable them to implement career technical training and work programs during the summer months for the unemployed youth and young adults so that they may be trained in marketable work skills and earn funds as may be necessary to enable them to continue their education. SEC. 77. Section 52382 of the Education Code is amended to read: 52382. A program of summer career technical and technical education may be established pursuant to this article by the governing board of any school district maintaining one or more high schools. Pupils who have completed grades 9 to 12, inclusive, may be permitted to participate in a program. Summer career technical and technical education programs shall consist of training and instruction in any skills and crafts in which ample opportunities for gainful employment are to be found. The program may include work experience involving the gainful employment of pupils. The provisions of Article 2 (commencing with Section 1940) of Chapter 2 of Part 7 of the Labor Code, limiting the employment of aliens by public agencies shall not be applicable to the employment of pupils under this article. SEC. 78. Section 52383 of the Education Code is amended to read: 52383. Wages earned by pupils participating in a program of summer career technical and technical education, shall be paid weekly, or, if not reasonably possible, biweekly. SEC. 79. Section 52384 of the Education Code is amended to read: 52384. Any program of summer career technical and technical education established pursuant to this article shall be subject to the prior approval of the State Department of Education, and no average daily attendance of pupils in such a program shall be credited to a district unless the program has been approved and is conducted pursuant to the rules, regulations, and standards prescribed by the department. School districts desiring to participate under the provisions of this article shall submit to the department applications which shall include plans for the establishment of a summer career technical and technical education program, and describing in detail its proposed content and operation. SEC. 80. Section 52388 of the Education Code is amended to read: 52388. The department shall adopt rules and regulations that are necessary to implement the provisions of this article. The rules and regulations shall include standards for the career technical and technical education programs provided for under this article. SEC. 81. The heading of Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of the Education Code is amended to read: Article 7. Agricultural Career Technical Education SEC. 82. Section 52450 of the Education Code is amended to read: 52450. The Legislature of the State of California recognizes that agriculture is the most basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic stability of the state, and that the maintenance of this vital industry requires a continued source of trained and qualified individuals for employment in agriculture and agribusiness. The Legislature hereby declares that it is within the best interests of the people of the State of California that a comprehensive career technical education program in agriculture be created and maintained by the state's school system in order to ensure an adequate supply of trained and skilled individuals and to ensure appropriate representation of racial and ethnic groups in all phases of the industry. For this purpose, the Legislature affirms that a state program for agricultural career technical education shall be established. It is the intent of the Legislature that a state program for agricultural education shall be a part of the curriculum of the state school system and made readily available to all school districts who may, at their option, include programs in career technical education in agriculture as a part of the curriculum of that district. SEC. 83. Section 52452 of the Education Code is amended to read: 52452. (a) There is hereby created within the State Department of Education an agricultural career technical education unit to assist school districts in the establishment and maintenance of educational programs established pursuant to the provisions of this article. (b) The staffing of the unit shall at all times be comprised of an appropriate number of full-time employees; provided, that any decrease in federal support of this staffing unit shall be applied in direct proportion to all other staffs so funded, including the State Supervisor of Agricultural Career Technical Education who shall, under the direction of the Superintendent of Public Instruction, assume responsibility for the administration of the state program adopted under this article throughout the public school system as well as the articulation of the state program to the requirements and mandates of federally assisted career technical education. (c) An appropriate number of employees shall serve as program consultants in agricultural career technical education and shall be available to provide assistance to local school districts. To the extent that it is possible, the program consultants shall be geographically located in those areas most readily accessible to the school districts they assist. At least one consultant shall be responsible for the coordination of the state program. At least one consultant shall be responsible for the coordination of the activities of student agricultural organizations and associations. (d) The State Department of Education shall accomplish the staffing of the agricultural career technical education unit in compliance with this article by reassigning priorities in staff assignments within the department in a manner that will not result in new costs to the state as a consequence. SEC. 84. Section 52453 of the Education Code is amended to read: 52453. (a) The State Director of Career Technical Education shall establish and convene an Agricultural Advisory Committee representative of the various and diverse areas of the agricultural industry in California. (b) The committee shall be composed of the following: (1) A representative from a university conducting teacher training in career technical agriculture. (2) A representative from a community college conducting career technical education in agriculture. (3) A representative from a high school conducting a program of career technical education in agriculture. (4) A representative from a school conducting general education in agriculture. (5) A parent of a pupil enrolled in career technical education in agriculture. (6) Nine other individuals representing diverse agricultural interests from various geographic locations in the state. The State Supervisor of Agricultural Education shall serve as the committee consultant. (c) It shall be the purpose of this committee to advise, in an ongoing manner, the State Supervisor of Agricultural Education, the Superintendent of Public Instruction, and the State Board of Education on policy matters pertaining to the state program of agricultural career technical education. The advice of the committee shall include, but not be limited to, the development of a curriculum and a strategy for the purpose of establishing a source of trained and qualified individuals in agriculture, a strategy for articulating the state program in agricultural career technical education throughout the state school system, and a consumer education outreach strategy regarding the importance of agriculture in California. (d) The committee shall serve without compensation, including travel and per diem and shall operate in accordance with the established policies of the State Department of Education. SEC. 85. Section 52454 of the Education Code is amended to read: 52454. (a) The curriculum of school districts that choose to participate in the state program of agricultural career technical education shall include all of the following components: (1) Organized classes in the study of agricultural science and technology. (2) A student-supervised occupational experience program in agriculture. (3) A program of leadership, organization, and personal development. (b) Student learning activity developed to supplement these components shall be considered curricular and shall contribute to the grade of the participating student when those activities are integral to assisting the student to achieve the career objective of the class or course. It is the intent of the Legislature that opportunities are provided for teachers to be employed on a 12-month basis in order to maintain supervised occupational experience on a year-round basis for students enrolled in agricultural career technical programs. SEC. 86. The heading of Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28 of the Education Code is amended to read: Article 7.5. Agricultural Career Technical Education Incentive Program SEC. 87. Section 52460 of the Education Code is amended to read: 52460. The governing board of a school district which operates an agricultural career technical education program may apply to the Superintendent of Public Instruction for an incentive grant, pursuant to this article, for the purpose of purchasing or leasing agricultural career technical education equipment. SEC. 88. Section 52461 of the Education Code is amended to read: 52461. The Superintendent of Public Instruction shall award grants to applicant school districts which meet the following requirements: (a) The school district shall contribute an amount of funds equal to the amount of the grant to the purchase or lease of equipment for use in agricultural career technical education programs. (b) The school district shall certify to the Superintendent of Public Instruction that the grant funds received and the matching funds contributed by the district shall be used solely for the purpose of purchasing or leasing equipment for use in agricultural career technical education programs. SEC. 89. Section 52461.5 of the Education Code is amended to read: 52461.5. (a) For purposes of this article, "agricultural career technical education equipment" shall mean any nonsalary item of expenditure, including, but not limited to, capital outlay, for approved agricultural career technical education programs. (b) Notwithstanding any other provision of law, any requirement of this article or any other provision chaptered during the 1983-84 fiscal year that school districts contribute local matching funds to be eligible for state funds for nonsalary costs of career technical agriculture programs may be waived by the Superintendent of Public Instruction if he or she finds that a matching requirement would create a financial hardship for any school district. SEC. 90. The heading of Article 9 (commencing with Section 52485) of Chapter 9 of Part 28 of the Education Code is amended to read: Article 9. Home Economics Careers and Technology Career Technical Education SEC. 91. Section 52485 of the Education Code is amended to read: 52485. (a) The Legislature recognizes that home economics career technical education includes two distinct programs, consumer home economics education which is crucial to the economic and social well-being of individuals and families, and home economics-related occupation programs, which provide a continued source of trained and qualified individuals for employment in various fields, including child development and education, consumer services, fashion design, manufacturing and merchandising, food science, dietetics and nutrition, food service and hospitality, hospitality, tourism and recreation, interior design, furnishings, and maintenance. These industries are of central importance to the economic growth and development of the state, and their maintenance require a continued source of trained and qualified individuals in order to maintain a productive workforce. (b) The Legislature hereby declares that it is in the best interests of the people of the State of California that a comprehensive home economics careers and technology career technical program be created and maintained by the public school system to include instruction in consumer home economics education, which prepares individuals for effective personal life management and to be a member of a well-functioning family, and instruction in home economics related occupations education, in order to ensure both an adequate supply of trained and skilled individuals, and appropriate representation of racial and ethnic groups in all phases of the industries. (c) For this purpose, the Legislature affirms that a program of home economics career technical education shall be a part of the curriculum of the public school system and made readily available to all school districts which may, at their option, include programs in career technical home economics education as a part of the curriculum of that district. SEC. 92. Section 52487 of the Education Code is amended to read: 52487. (a) There is hereby created within the State Department of Education the Home Economics Careers and Technology Career Technical Education Unit, to be staffed by qualified home economics education-trained personnel, to assist school districts in the establishment and maintenance of the educational programs provided for by this article. (b) The staffing of the unit shall be at least 3.3 personnel-years. (c) The State Supervisor of the Home Economics Careers and Technology Career Technical Education Unit, under the direction of the Superintendent of Public Instruction, shall have responsibility for the administration of the program set forth in this article, as well as for the articulation of the program to the requirements and mandates of federally assisted career technical education. (d) An appropriate number of employees shall serve as program consultants in the Home Economics Careers and Technology Career Technical Education Unit, and shall be available to provide assistance to school districts. To the extent possible, the program consultants shall be geographically located in areas that are most readily accessible to the school districts they assist. At least one consultant shall be responsible for the coordination of the leadership development activities of pupil home economics careers and technology organizations and associations. (e) The State Department of Education shall accomplish the staffing of the Home Economics Careers and Technology Career Technical Education Unit in compliance with this article by reassigning priorities in staff assignments within the department so that the staffing results in no new costs to the state. SEC. 93. Section 52488 of the Education Code is amended to read: 52488. (a) The Superintendent of Public Instruction shall establish on July 1, 1997, and convene the Home Economics Careers and Technology Advisory Committee. The committee shall develop recommendations for state programs in home economics careers and technology education for presentation to the Legislature for review and to the State Board of Education to be used in the development and adoption pursuant to Section 52486 of the rules and regulations necessary to implement the provisions of this article. Recommendations shall include, but not be limited to, the development of a curriculum and a strategy for the purpose of establishing a source of trained and qualified instructors for home economics careers and technology programs throughout the public school system, and a public information outreach strategy regarding the importance of consumer home economics education and home economics-related occupations in California. Members of the advisory committee shall serve without compensation, including travel and per diem. The advisory committee shall cease to exist on January 1, 2000. (b) The committee shall be representative of consumer home economics education and home economics-related occupation specialists and representatives of the various fields and industries in California described in Section 52485. Nominations for the committee shall be solicited from the various task forces that have assisted in the development of curriculum standards for home economics careers and technology career technical education programs. (c) The committee shall be composed of the following: (1) A voluntary representative from a university conducting a teacher education program in home economics careers and technology. (2) A voluntary representative from a community college conducting a program in home economics careers and technology education. (3) A voluntary representative from a high school conducting a consumer home economics program in home economics careers and technology. (4) A voluntary representative from a high school conducting a home economics-related occupations program in home economics careers and technology. (5) A voluntary representative from a middle level school conducting an exploratory program in home economics careers and technology. (6) A former student of a home economics careers and technology education program. (7) A parent of a pupil enrolled in home economics careers and technology education. (8) Eight other individuals representing diverse industries related to established career paths in home economics careers and technology education from various geographic locations in the state. The State Supervisor of the Home Economics Careers and Technology Vocational Education Unit shall serve as the committee consultant. SEC. 94. Section 52489 of the Education Code is amended to read: 52489. (a) The curriculum of school districts that choose to participate in the state program of home economics careers and technology career technical education shall include all of the following components: (1) Organized classes in the study of home economics careers and technology, both for consumer home economics and home economics-related occupations. (2) A pupil-supervised worksite learning experience appropriate to the specific home economics career and technology program. (3) A program of leadership, organization, personal development, and service learning. (b) Pupil learning activities developed to supplement these components shall be considered curricular and shall contribute to the grade of the participating pupil when those activities are integral to assisting the pupil to achieve the personal or career objective of the class or course. SEC. 95. Section 52490 of the Education Code is amended to read: 52490. (a) In order to ensure effective instruction in home economics careers and technology career technical education, instructors need access to updated curricula that prepares pupils with the knowledge, skills, and attitudes to function as effective family members, citizens, and community leaders as well as productive employees in industries critical to the economic growth of California, including, but not limited to, hospitality, tourism, and food service. In addition, an ongoing professional development program tied to the latest research, educational trends, industry-validated curriculum standards, and effective teaching strategies is crucial if instructors are to provide quality, relevant instruction. (b) It is the intent of the Legislature that a statewide home economics careers and technology curriculum and professional development project be established to do the following: (1) Create opportunities for researchers, higher education, faculty, and elementary and secondary school faculty to work together to accomplish all of the following: (A) Identify exemplary teaching practices. (B) Examine and develop research on learning, knowledge, and educational materials. (C) Give consideration to the implementation of statewide curriculum standards in the content areas of both consumer home economics education and home economics-related occupations education, with particular attention to the learning needs and styles of an increasingly diverse pupil population, many of whom are underachieving. (2) Be modeled after projects that have been successful in strengthening systematically the subject matter knowledge and instructional strategies of project participants, including, but not limited to, the California Writing Project and the California Mathematics Project. (3) Include an evaluation plan designed to measure the degree of implementation of the statewide project and local sites, changes in the instructional practices of participating teachers, and improvements in the learning and involvement by pupils in career technical home economics careers and technology education. (c) The project shall be established by contract at a university with a viable teacher education program that prepares instructors to teach in both consumer home economics education and home economics-related occupations education programs. The contract shall be awarded under the request for proposal provisions of Section 10344 of the Public Contract Code. (d) The project shall operate under the direction of the Home Economics Careers and Technology Career Technical Education Unit within the State Department of Education to ensure effective collaboration and articulation of programs in kindergarten and grades 1 to 12, inclusive. (e) The project shall be funded only from available federal funds. SEC. 96. The heading of Article 9.5 (commencing with Section 52495) of Chapter 9 of Part 28 of the Education Code is amended to read: Article 9.5. Home Economics Careers and Technology Career Technical Education Incentive Program SEC. 97. Section 52495 of the Education Code is amended to read: 52495. An incentive grant program shall be established for the purpose of improving, expanding, and establishing instructional programs in home economics careers and technology career technical education to improve the academic achievement and career preparation of pupils in those fields. SEC. 98. Section 52497 of the Education Code is amended to read: 52497. The governing board of a school district that operates a home economics careers and technology career technical education program may apply to the Superintendent of Public Instruction for an incentive grant pursuant to this article. SEC. 99. Section 52498 of the Education Code is amended to read: 52498. The Superintendent of Public Instruction shall award two-year grants of an amount to be determined by the Superintendent of Public Instruction, on a competitive basis, to applicant school districts that meet the following requirements: (a) The school district shall demonstrate that the home economics careers and technology career technical education program for which grant funds are sought meets specified criteria developed by the Superintendent of Public Instruction. (b) The participating school district shall contribute an amount of funds equal to the amount of its grant for use in improving, expanding, and establishing instructional programs in home economics careers and technology career technical education. (c) The school district shall certify to the Superintendent of Public Instruction that the grant funds received and the matching funds contributed by the school district will be used solely for the purposes described in this article. (d) The school district shall, evaluate the program funded with a grant pursuant to this article according to outcome indicators determined by the Superintendent of Public Instruction. SEC. 100. Section 52499 of the Education Code is amended to read: 52499. For the purposes of this article, home economics careers and technology career technical education programs means the purchase of instructional resources and equipment appropriate for the instructional program, professional development activities for home economics careers and technology career technical education teachers and members of interdisciplinary teams working to implement selected career paths in home economics careers and technology career technical education, and pupil development activities. SEC. 101. Section 52499.3 of the Education Code is amended to read: 52499.3. Notwithstanding any other provision of law, any requirement of this article that requires school districts to contribute local matching funds to be eligible for state funds for nonsalary costs of home economics careers and technology career technical education incentive programs may be waived by the Superintendent of Public Instruction if he or she finds that a matching requirement would create a financial hardship for any school district. SEC. 102. Section 52904 of the Education Code is amended to read: 52904. This article shall become inoperative on June 30, 2001, and, as of January 1, 2002, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2002, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 103. Section 52980 of the Education Code is repealed. SEC. 104. Section 52981 of the Education Code is repealed. SEC. 105. Section 52982 of the Education Code is repealed. SEC. 106. Section 54750 of the Education Code is repealed. SEC. 107. Section 54751 of the Education Code is repealed. SEC. 108. Section 54751.1 of the Education Code is repealed. SEC. 109. Section 54752 of the Education Code is repealed. SEC. 110. Section 56138 of the Education Code is repealed. SEC. 111. Section 56375 of the Education Code is amended and renumbered to read: 56390. Notwithstanding Section 51412 or any other provision of law, a local educational agency may award an individual with exceptional needs a certificate or document of educational achievement or completion if the requirements of subdivision (a), (b), or (c) are met. (a) The individual has satisfactorily completed a prescribed alternative course of study approved by the governing board of the school district in which the individual attended school or the school district with jurisdiction over the individual and identified in his or her individualized education program. (b) The individual has satisfactorily met his or her individualized education program goals and objectives during high school as determined by the individualized education program team. (c) The individual has satisfactorily attended high school, participated in the instruction as prescribed in his or her individualized education program, and has met the objectives of the statement of transition services. SEC. 112. Section 56376 of the Education Code is amended and renumbered to read: 56391. An individual with exceptional needs who meets the criteria for a certificate or document described in Section 56375 shall be eligible to participate in any graduation ceremony and any school activity related to graduation in which a pupil of similar age without disabilities would be eligible to participate. The right to participate in graduation ceremonies does not equate a certificate or document described in Section 56375 with a regular high school diploma. SEC. 113. Section 56377 of the Education Code is amended and renumbered to read: 56392. It is not the intent of the Legislature by enacting this chapter to eliminate the opportunity for an individual with exceptional needs to earn a standard diploma issued by a local or state educational agency when the pupil has completed the prescribed course of study and has passed the proficiency requirements with or without differential standards pursuant to Section 51215. SEC. 114. Section 56378 of the Education Code is amended and renumbered to read: 56393. On or before July 1, 2000, the Advisory Commission on Special Education shall, pursuant to Section 33595, study and report to the State Board of Education, the Superintendent of Public Instruction, the Legislature, and the Governor on the practice of awarding certificates or documents of educational achievement or completion and diplomas, as appropriate, to individuals with exceptional needs. The report shall contain recommendations for improving the system of recognition for educational achievement or completion of studies to individuals with exceptional needs. SEC. 115. Section 56836.10 of the Education Code is amended to read: 56836.10. (a) The superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the 1998-99 fiscal year: (1) Divide the amount of funding for the special education local plan area computed for the 1997-98 fiscal year pursuant to Section 56836.09 by the number of units of average daily attendance, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that subdivision read on July 1, 1997, reported for the special education local plan area for the 1997-98 fiscal year. (2) Add the amount computed in paragraph (1) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 1998-99 fiscal year. (b) Commencing with the 1999-2000 fiscal year and each fiscal year thereafter, the superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the fiscal year in which the computation is made: (1) For the 1999-2000 fiscal year, divide the amount of funding for the special education local plan area computed for the 1998-99 fiscal year pursuant to subdivision (a) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.15 for the special education local plan area for the 1998-99 fiscal year. (2) For the 2000-01 fiscal year, and each fiscal year thereafter, divide the amount of funding for the special education local plan area computed for the prior fiscal year pursuant to subdivision (b) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.15 for the special education local plan area for the prior fiscal year. SEC. 116. Section 56836.11 of the Education Code is amended to read: 56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 1998-99 fiscal year, the superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas: (1) Total the amount of funding computed for each special education local plan area exclusive of the amount of funding computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, pursuant to Section 56836.09 for the 1997-98 fiscal year. (2) Total the number of units of average daily attendance reported for each special education local plan area for the 1997-98 fiscal year, exclusive of average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that section read on July 1, 1996, and exclusive of the units of average daily attendance computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area. (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 1997-98 fiscal year. (4) Add the amount computed in paragraph (3) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 1998-99 fiscal year to determine the statewide target amount for the 1998-99 fiscal year. (b) Commencing with the 1999-2000 fiscal year and each fiscal year thereafter, to determine the statewide target amount per unit of average daily attendance for special education local plan areas, the superintendent shall multiply the statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section by one plus the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. SEC. 117. Section 6516.6 of the Government Code is amended to read: 6516.6. (a) Notwithstanding any other provision of law, a joint powers agency established pursuant to a joint powers agreement in accordance with this chapter may issue bonds pursuant to Article 2 (commencing with Section 6540) or Article 4 (commencing with Section 6584), in order to purchase obligations of local agencies or make loans to local agencies, which moneys the local agencies are hereby authorized to borrow, to finance the local agencies' unfunded actuarial pension liability or to purchase, or to make loans to finance the purchase of, delinquent assessments or taxes levied on the secured roll by the local agencies, the county, or any other political subdivision of the state. Notwithstanding any other provision of law, including Section 53854, the local agency obligations or loans, if any, shall be repaid in the time, manner and amounts, with interest, security, and other terms as agreed to by the local agency and the joint powers authority. (b) Notwithstanding any other provision of law, a joint powers authority established pursuant to a joint powers agreement in accordance with this chapter may issue bonds pursuant to Article 2 (commencing with Section 6540) or Article 4 (commencing with Section 6584), in order to purchase or acquire, by sale, assignment, pledge, or other transfer, any or all right, title, and interest of any local agency in and to the enforcement and collection of delinquent and uncollected property taxes, assessments, and other receivables that have been levied by or on behalf of the local agency and placed for collection on the secured, unsecured, or supplemental property tax rolls. Local agencies, including, cities, counties, cities and counties, school districts, redevelopment agencies, and all other special districts that are authorized by law to levy property taxes on the county tax rolls, are hereby authorized to sell, assign, pledge, or otherwise transfer to a joint powers authority any or all of their right, title, and interest in and to the enforcement and collection of delinquent and uncollected property taxes, assessments, and other receivables that have been levied by or on behalf of the local agency for collection on the secured, unsecured, or supplemental property tax rolls in accordance with the terms and conditions that may be set forth in an agreement with a joint powers authority. (c) Notwithstanding Division 1 (commencing with Section 50) of the Revenue and Taxation Code, upon any transfer authorized in subdivision (b), the following shall apply: (1) A local agency shall be entitled to timely payment of all delinquent taxes, assessments, and other receivables collected on its behalf on the secured, unsecured, and supplemental tax rolls, along with all penalties, interest, costs, and other charges thereon, no later than 30 calendar days after the close of the preceding monthly or four week accounting period during which the delinquencies were paid by or on account of any property owner. (2) Upon its receipt of the delinquent taxes, assessments, and receivables that it had agreed to be transferred, a local agency shall pay those amounts, along with all applicable penalties, interest, costs, and other charges, to the joint powers authority in accordance with the terms and conditions that may be agreed to by the local agency and the joint powers authority. (3) The joint powers authority shall be entitled to assert all right, title, and interest of the local agency in the enforcement and collection of the delinquent taxes, assessments, and receivables, including without limitation, its lien priority, its right to receive the proceeds of delinquent taxes, assessments, and receivables, and its right to receive all penalties, interest, administrative costs, and any other charges, including attorney fees and costs, if otherwise authorized by law to be collected by the local agency. (4) (A) For any school district that participates in a joint powers authority using financing authorized by this section and that does not participate in the alternative method of distribution of tax levies under Chapter 3 of Division 1 of Part 8 of the Revenue and Taxation Code, the amount of property tax receipts to be reported in a fiscal year for the district under subdivision (f) of Section 75.70 of the Revenue and Taxation Code, or any other similar law requiring reporting of school district property tax receipts, shall be equal to 100 percent of the school district's allocable share of the taxes levied for the fiscal year on its behalf. One hundred percent of the school district's allocable share of the delinquent taxes levied for the fiscal year, whether or not the delinquent taxes are ever collected, shall be paid by the joint powers authority to the county auditor and shall be distributed to the school district by the county auditor in the same time and manner otherwise specified for the distribution of tax revenues generally to school districts pursuant to current law. Any additional amounts shall not be so reported and may be provided directly to a school district by a joint powers authority. (B) A joint powers authority financing delinquent school district taxes and related penalties pursuant to this subdivision shall be solely responsible for, and shall pay directly to the county, all reasonable and identifiable administrative costs and expenses of the county which are incurred as a direct result of the compliance of the county tax collector or county auditor, or both, with any new or additional administrative procedures required for the county to comply with this subdivision. Where reasonably possible, the county shall provide a joint powers authority with an estimate of the amount of and basis for any additional administrative costs and expenses within a reasonable time after written request for an estimate. (C) In no event shall the state be responsible or liable for a joint powers authority's failure to actually pay the amounts required by subparagraphs (A) and (B), nor shall a failure constitute a basis for a claim against the state by a school district, county, or joint powers authority. (D) The phrase "school district," as used in this section, includes all school districts of every kind or class, including, without limitation, community college districts and county superintendents of school. (d) The powers conferred by this section upon joint powers authorities and local agencies shall be complete, additional, and cumulative to all other powers conferred upon them by law. Except as otherwise required by this section, the agreements authorized by this section need not comply with the requirements of any other laws applicable to the same subject matter. (e) An action to determine the validity of any bonds issued, any joint powers agreements entered into, any related agreements, including, without limitation, any bond indenture or any agreements relating to the sale, assignment, or pledge entered into by a joint powers authority or a local agency, the priority of any lien transferred in accordance with this section, and the respective rights and obligations of any joint powers authority and any party with whom the joint powers authority may contract pursuant to this chapter, may be brought by the joint powers authority pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Any appeal from a judgment in the action shall be commenced within 30 days after entry of judgment. (f) This section shall not be construed to affect the manner in which an agency participates in or withdraws from the alternative distribution method established by Chapter 3 (commencing with Section 4701) of Part 8 of Division 1 of the Revenue and Taxation Code. SEC. 118. Section 19050.8 of the Government Code is amended to read: 19050.8. The board may prescribe rules governing the temporary assignment or loan of employees within an agency or between agencies for not to exceed two years or between jurisdictions for not to exceed four years for any of the following purposes: (a) To provide training to employees. (b) To enable an agency to obtain expertise needed to meet a compelling program or management need. (c) To facilitate the return of injured employees to work. These temporary assignments or loans shall be deemed to be in accord with this part limiting employees to duties consistent with their class and may be used to meet minimum requirements for promotional as well as open examinations. An employee participating in that arrangement shall have the absolute right to return to his or her former position. Any temporary assignment or loan of an employee made for the purpose specified in subdivision (b) shall be made only with the voluntary consent of the employee. In addition, out-of-class experience obtained in a manner not described in this section may be used to meet minimum requirements for promotional as well as open examinations, only if it was obtained by the employee in good faith and was properly verified under standards prescribed by board rule. For purposes of this section, a temporary assignment or loan between educational agencies shall be extended for up to two additional years upon a finding by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, and with the approval of the Executive Officer of the State Personnel Board, that the extension is necessary in order to substantially complete work on an educational improvement project. However, the temporary assignment of any local educator who is performing the duties of a nonrepresented classification while on loan to a state education agency may be extended for as many successive two year intervals as necessary by the Superintendent of Public Instruction or the Chancellor of Community Colleges with the concurrence of the local education agency. Public and private colleges and universities shall be considered educational jurisdictions within the meaning of this section. A temporary assignment within an agency or between agencies may be extended by the board for up to two additional years in order for an employee to complete an apprenticeship program. SEC. 119. Section 53095 of the Government Code is amended to read: 53095. The provisions of this article shall prevail over Sections 17215 and 81035 of the Education Code and over Section 65402 of the Government Code. SEC. 120. Section 66455.9 of the Government Code is amended to read: 66455.9. Whenever there is consideration of an area within a development for a public schoolsite, the advisory agency shall give the affected districts and the State Department of Education written notice of the proposed site. The written notice shall include the identification of any existing or proposed runways within the distance specified in Section 17215 of the Education Code. If the site is within the distance of an existing or proposed airport runway as described in Section 17215 of the Education Code, the department shall notify the State Department of Transportation as required by the section and the site shall be investigated by the State Department of Transportation required by Section 17215. SEC. 121. Section 104420 of the Health and Safety Code is amended to read: 104420. The State Department of Education shall provide the leadership for the successful implementation of this article in programs administered by local public and private schools, school districts, and county offices of education. The State Department of Education shall do all of the following: (a) Provide a planning and technical assistance program to carry out its responsibilities under this article. (b) Provide guidelines for schools, school districts, and school district consortia to follow in the preparation of plans for implementation of antitobacco use programs for schoolage populations. The guidelines shall: (1) Require the applicant agency to select one or more model program designs and shall permit the applicant to modify the model program designs to take special local needs and conditions into account. (2) Require the applicant agency to prepare for each target population to be served a description of the service to be provided, an estimate of the number to be served, an estimate of the success rate and a method to determine to what extent goals have been achieved. (3) Require plan submissions to include a staffing configuration and a budget setting forth use and distribution of funds in a clear and detailed manner. (c) Prepare model program designs and information for schools, school districts, consortia, and county offices of education to follow in establishing direct service programs to targeted populations. Model program designs shall, to the extent feasible, be based on studies and evaluations that determine which service delivery systems are effective in reducing tobacco use and are cost-effective. The State Department of Education shall consult with the department, and school districts with existing antitobacco programs in the preparation of model program designs and information. (d) Provide technical assistance for schools, school districts, and county offices of education regarding the prevention and cessation of tobacco use. In fulfilling its technical assistance responsibilities, the State Department of Education may establish a center for tobacco use prevention that shall identify, maintain, and develop instructional materials and curricula encouraging the prevention or cessation of tobacco use. The State Department of Education shall consult with the department and others with expertise in antitobacco materials or curricula in the preparation of these materials and curricula. (e) Monitor the implementation of programs that it has approved under this article to ensure successful implementation. (f) Prepare guidelines within 180 days of the effective date of this article for a school-based program of outreach, education, intervention, counseling, peer counseling, and other activities to reduce and prevent smoking among schoolage youth. (g) Assist county offices of education to employ a tobacco use prevention coordinator to assist local schools and local public and community agencies in preventing tobacco use by pupils. (h) Train the tobacco use prevention coordinators of county offices of education so that they are: (1) Familiar with relevant research regarding the effectiveness of various kinds of antitobacco use programs. (2) Familiar with department guidelines and requirements for submission, review, and approval of school-based plans. (3) Able to provide effective technical assistance to schools and school districts. (i) Establish a tobacco use prevention innovation program effort directed at specific pupil populations. (j) Establish a competitive grants program to develop innovative programs promoting the avoidance, abatement, and cessation of tobacco use among pupils. (k) Establish a tobacco-free school recognition awards program. (l) As a condition of receiving funds pursuant to this article, the State Department of Education, county offices of education, and school districts shall ensure that they coordinate their efforts toward smoking prevention and cessation with the lead local agency in the community where the local school district is located. (m) (1) Develop, in coordination with the county offices of education, a formula that allocates funds for school-based, antitobacco education programs to school districts and county offices of education for all pupils in grades 4 to 8, inclusive, on the basis of the average daily attendance (ADA) of pupils. School districts shall provide tobacco-use prevention instruction for pupils, grades 4 to 8, inclusive, that address the following essential topics: (A) Immediate and long-term undesirable physiologic, cosmetic, and social consequences of tobacco use. (B) Reasons that adolescents say they smoke or use tobacco. (C) Peer norms and social influences that promote tobacco use. (D) Refusal skills for resisting social influences that promote tobacco use. (2) Develop a competitive grants program administered by the State Department of Education directed at pupils in grades 9 to 12, inclusive. The purpose of the grant program shall be to conduct tobacco-use prevention and cessation activities targeted to high-risk pupils and groups in order to reduce the number of persons beginning to use tobacco, or continuing to use tobacco. The State Department of Education shall consult with local lead agencies, the Tobacco Education and Research Oversight Committee, and representatives from nonprofit groups dedicated to the reduction of tobacco-associated disease in making grant award determinations. Grant award amounts shall be determined by available funds. The State Department of Education shall give priority to programs, including, but not limited to, the following: (A) Target current smokers and pupils most at risk for beginning to use tobacco. (B) Offer or refer pupils to cessation classes for current smokers. (C) Utilize existing antismoking resources, including local antismoking efforts by local lead agencies and competitive grant recipients. (n) Allocate funds for administration to county offices of education for implementation of Tobacco Use Prevention Programs. The funds shall be allocated to all participating county offices of education at a minimum amount of up to twenty-five thousand dollars ($25,000). If funds appropriated for purposes of allocating at least twenty-five thousand dollars ($25,000) to all participating county offices of education are insufficient, the Superintendent of Public Instruction shall prorate available funds among participating county offices of education ensuring that all participating county offices of education receive an equal minimum level of funding of up to twenty-five thousand dollars ($25,000). If funds are sufficient to provide all participating county offices of education a minimum of up to twenty-five thousand dollars ($25,000), the remaining funds shall be allocated according to the following schedule based on average daily attendance in the prior year credited to all elementary, high, and unified school districts, and to the county superintendent of schools within the county as certified by the Superintendent of Public Instruction: (1) For counties with over 550,000 units of average daily attendance, thirty cents ($0.30) per average daily attendance. (2) For counties with more than 100,000 and less than 550,000 units of average daily attendance, sixty-five cents ($0.65) per average daily attendance. (3) For counties with more than 50,000 and less than 100,000 units of average daily attendance, ninety cents ($0.90) per average daily attendance. (4) For counties with more than 25,000 and less than 50,000 units of average daily attendance, one dollar ($1) per average daily attendance. (5) For counties with less than 25,000 units of average daily attendance, twenty-five thousand dollars ($25,000). (o) Allocate funds appropriated by the act adding this subdivision for local assistance to school districts and county offices of education based on average daily attendance reported in the second principal apportionment in the prior fiscal year. Those school districts and county offices of education that receive one hundred thousand dollars ($100,000) or more of local assistance pursuant to this part shall target 30 percent of those funds for allocation to schools that enroll a disproportionate share of pupils at risk for tobacco use. (p) (1) Provide that all school districts and county offices of education that receive funding under subdivision (o) make reasonable progress toward providing a tobacco-free environment in school facilities for pupils and employees. (2) All school districts and county offices of education that receive funding pursuant to paragraph (1) shall adopt and enforce a tobacco-free campus policy no later than July of each fiscal year. The policy shall prohibit the use of tobacco products, any time, in district-owned or leased buildings, on district property and in district vehicles. Information about the policy and enforcement procedures shall be communicated clearly to school personnel, parents, pupils, and the larger community. Signs stating "Tobacco use is prohibited" shall be prominently displayed at all entrances to school property. Information about smoking cessation support programs shall be made available and encouraged for pupils and staff. Any school district or county office of education that does not have a tobacco-free district policy implemented by July 1, shall not be eligible to apply for funds from the Cigarette and Tobacco Products Surtax Fund for that fiscal year. Funds that are withheld from school districts that fail to comply with the tobacco-free policy shall be available for allocation to school districts implementing a tobacco-use prevention education program, pursuant to subdivision (m). SEC. 122. Item 6110-104-0001 of Section 2.00 of the Budget Act of 2000 is amended to read: 6110-104-0001--For local assistance, Department of Education (Proposition 98), Program 10.10.011- School Apportionments--Remedial Summer School Programs, for transfer to Section A of the State School Fund, for summer school and remedial programs pursuant to legislation to be enacted in the 1999-00 Regular Session that becomes operative on or before January 1, 2001.................................... 418,743,000 Schedule: (a) 10.10.011.003-School Apportionments, for Remedial Summer School Programs, for the purposes of Section 42239 of the Education Code.................. 144,454,000 (b) 10.10.011.004-School Apportionments, for Core Academic Summer School Pro- grams, for the purposes of Section 42239 of the Education Code......... 148,102,000 (c) 10.10.0.11.007-School Apportionments, for Remedial Instruction Programs for pupils enrolled in grades 2-6, inclusive, pursuant to Sections 37252.5 and 37252.6 of the Education Code.... 86,187,000 (d) Unallocated Funds .................. 40,000,000 Provisions: 1. Notwithstanding any other provision of law, the 2000-01 fiscal year the Superintendent of Public Instruction shall allocate a minimum of $6,980 for supplemental summer school programs in each school district for which the prior fiscal year enrollment was less than 500 and that, in the 2000-01 fiscal year, offers at least 1,500 hours of supplemental school instruction. A small school district, as described above, that offers less than 1,500 hours of supplemental summer school offerings shall receive a pro- portionate reduction in its allocation. For the purpose of this provision, supplemental summer school programs shall be defined as pro- grams authorized under paragraph (2) of sub- division (f) of Section 42239 of the Education Code as it read on July 1, 1999. 2. Of the funds appropriated in this item, $10,467,697 is for the purpose of providing a cost-of-living adjustment (COLA) to summer school and remedial programs, in lieu of the amount that would otherwise be provided pur- suant to statute. 3. Notwithstanding any other provision of law, the Director of Finance may, to prevent deficien- cies in any of the programs funded by the ap- propriation in this item, use the authority granted by Section 26.00 of this act to trans- fer funding between schedules of this item. 4. Notwithstanding any other provision of law, the rate of reimbursement shall be $3 per hour of supplemental instruction unless specified otherwise through legislation enacted in the 1999-2000 Regular Session. The funds in Schedule (d) shall be contingent on the pas- sage of that legislation. 5. Notwithstanding any other provision of law, the Department of Finance may transfer amounts be- tween Items 6110-104-0001, 6110-204-001, and 6110-205-0001 of this act in order to minimize deficiencies for any of the programs budgeted in those items. SEC. 123. Item 6110-105-0001 of Section 2.00 of the Budget Act of 2000 is amended to read: 6110-105-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund for the purposes of Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of the Education Code .................................. 337,373,000 Schedule: (a) 10.10.004-Instruction Program-- School Apportionments, Regional Occupational Centers and Programs ........................... 344,690,000 (b) Reimbursements ..................... -7,317,000 Provisions: 1. Notwithstanding any other provision of law, the funds appropriated in this item are for transfer by the Controller to Section A of the State School Fund, in lieu of the amount that otherwise would be appropriated for transfer from the General Fund in the State Treasury to Section A of the State School Fund for the 1999-00 fiscal year pursuant to Sections 14002 and 14004 of the Education Code, in an amount as needed for apportionment pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of the Education Code. 2. Funds appropriated in this item shall be apportioned by the Superintendent of Public Instruction pursuant to Article 1.5 (commencing with Section 52335) of Chapter 9 of Part 28 of the Education Code. 3. Because Chapter 482 of the Statutes of 1984 was chaptered after Chapter 268 of the Statutes of 1984, the Legislature's intent regarding the eligibility of regional occupational centers and programs for incentive funding for a longer instructional year under Section 46200 of the Education Code was not carried out. It is the intent of the Legislature that regional occupational centers and programs not be eligible for that incentive funding. Notwithstanding any other provision of law, the funds appropriated in this item may not be expended for the purposes of providing or continuing incentive funding for a longer instructional year pursuant to Section 46200 of the Education Code. 4. Notwithstanding any other provision of law, funds appropriated in this item for average daily attendance (ADA) generated by participants in welfare-to-work activities under the CalWORKs program established in Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code may be apportioned on an advance basis to local education agencies based on anticipated units of ADA if a prior application for this additional ADA funding has been approved by the Superintendent of Public Instruction. 5. Of the amount appropriated in this item, $1,161,000 is to fund remedial education services for participants in welfare-to-work activities under the CalWORKs program. 5.5. Of the funds appropriated in this item, $16,000,000 is to provide equalization of centers and programs and $16,000,000 is for a rate increase. Both are subject to the establishment of these activities by legislation, enacted during the 2000-01 Regular Session, which becomes effective on or before January 1, 2001. 6. Of the funds appropriated in this item, $6,624,000 is provided for increases in average daily attendance at a rate of 2.07 percent and $10,366,000 is for the purpose of providing a cost-of-living adjustment at a rate of 3.17 percent. 7. Indirect costs charged to Regional Occupational Centers and Programs may not exceed the school district or county office of education, as appropriate, prior year indirect cost rate as approved by the State Department of Education. The indirect costs charged by the county office of education and school districts that provide Regional Occupational Centers and Programs services on behalf of the county office of education or a joint powers authority, when added together, may not exceed the indirect cost rate approved by the State Department of Education for the county office of education or the school district, whichever is higher. Revenue limit funds apportioned to a county office of education or school district for Regional Occupational Centers and Programs must be expended on programs and services offered by the Regional Occupational Centers and Programs. SEC. 124. Item 6110-134-0001 of Section 2.00 of the Budget Act of 2000 is amended to read: 6110-134-0001-For local assistance, Department of Education (Proposition 98), Program 10-Instruction, for allocation to local education agencies ..................... 118,650,000 Provisions: 1. The funds appropriated in this item shall be allocated for purposes of teacher recruitment and retention as specified in Chapter 70 of the Statutes of 2000. SEC. 125. Item 6110-151-0001 of Section 2.00 of the Budget Act of 2000 is amended to read: 6110-151-0001--For local assistance, Department of Education (Proposition 98), for transfer to Section A of the State School Fund, Program 10.30.050-California Indian Education Centers established pursuant to Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of the Education Code...................... 3,469,000 Provisions: 1. Of the funds appropriated in this item, $45,000 is for the purpose of providing an adjustment for increases in average daily attendance at a rate of 1.45 per- cent and $101,000 is for the purpose of providing a cost-of-living adjustment (COLA) a rate of 3.17 percent. SEC. 126. Item 6110-165-0001 of Section 2.00 of the Budget Act of 2000 is amended to read: 6110-165-0001--For local assistance, Department of Education............................ 7,022,000 Schedule: (a) 10.70-Vocational Edu- cation............... 20,868,000 (b) Reimbursements....... -13,846,000 Provisions: 1. $13,846,000 of the funds appropriated in this item are for the purpose of implemen- ting the federal Workforce Investment Act. 2. The Superintendent of Public Instruction shall allocate the funds appropriated in this item to adult schools, Regional Occupational Centers and Programs, to school districts operating high schools, and to county offices of education that operate alternative programs for high school youth to support capacity-building activities re- lated to youth services including, but not limited to, supporting educational opportunities and de- velopment of career-technical skills, youth councils, One-Stop Career Centers, for building regional collaboratives, for assessing student outcomes, student performance, retention and accountability. The Superintendent of Public Instruction shall give priority in allocating these funds to support CalWORKS participants who are eligible for youth services in the federal Workforce Investment Act. SEC. 127. Item 6110-495 of Section 2.00 of the Budget Act of 2000 is amended to read: 6110-495--Reversion, Department of Education, Proposition 98. The following amounts shall re- vert to the Proposition 98 Reversion Account: 1. $965,330 from Chapter 975 of the Statutes of 1995, as reappropriated by subdivision (a) of Section 57 of Chapter 330 of the Statutes of 1998. 2. $70,000,000 from Item 6110-112-0001 of Sec- tion 2.00 of the Budget Act of 1998 (Ch. 324, Stats. 1998) as reappropriated pursuant to Ch. 313, Stats. 1998. 3. $15,221,252 from Item 6110-295-0001 of Sec- tion 2.00 of the Budget Act of 1998 (Ch. 324, Stats. 1998). 4. $27,000,000, or whatever lesser or greater amount reflects the remaining unencumbered balance after the reappropriation specified in Item 6110-494(1) of Item 6110-196-0001 of Section 2.00 of the Budget Act of 1999 (Ch. 50, Stats. 1999), for after school programs. 5. $75,000,000, or whatever lesser or greater amount reflects the unencumbered balance of the appropriation specified in Item 6110- 112-0001 of the Budget Act of 1999 (Ch. 50, Stats. 1999). 6. $5,000,000 or whatever greater or lesser amounts reflects the unencumbered balance of the appropriation specified in Item 6110- 211-0001 of the Budget Act of 1999 (Ch. 50, Stats. 1999). 7. $20,000,000 from the appropriation specified in Provision 1 of Item 6110-133-0001 of Sec- tion 2.00 of the Budget Act of 1999 (Ch. 50, Stats. 1999). 8. $20,600,000 or whatever greater or lesser amount reflects the unencumbered balance of the appropriation specified in Schedule (a) of Item 6110-156-0001 of Section 2.00 of the Budget Act of 1998 (Ch. 324, Stats. 1998). 9. $40,608,000 from Provision (i) of Item 6110- 485 of Section 2.00 of the Budget Act of 1999 (Ch. 50, Stats. 1999). 10. $380,000 from Provision (d) of Item 6110-485 of Section 2.00 of the Budget Act of 1999 (Ch. 50, Stats. 1999). SEC. 128. Section 35 of Chapter 71 of the Statutes of 2000 is amended to read: Sec. 35. (a) (1) The sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund for transfer by the Controller to the Child Care Facilities Revolving Fund established pursuant to Section 8278.3 of the Education Code. (2) The sum of one hundred seventy-five million dollars ($175,000,000) is hereby appropriated from the General Fund to the Secretary for Education for allocation to school districts for high schools and to charter schools serving any of grades 9 to 12, inclusive, pursuant to the Education Technology Grant Program established pursuant to legislation enacted during the 1999-2000 Regular Session. The allocation shall be based on enrollment in grades 9 to 12, inclusive. Any unencumbered balance on March 15, 2001, of these funds shall be transferred by the Controller to the Superintendent of Public Instruction for allocation pursuant to the school district block grant authorized pursuant to Section 39 of this act. The funds shall be available for allocation pursuant to subdivision (c) of Section 39 of this act. (b) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be "General Fund revenues appropriated for school districts," as defined in subdivision (c) of Section 41202 of the Education Code, for the 1999-2000 fiscal year, and included within the "total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B," as defined in subdivision (e) of Section 41202 of the Education Code for the 1999-2000 fiscal year. SEC. 129. Section 42 of Chapter 71 of the Statutes of 2000 is amended to read: Sec. 42. (a) The sum of thirty-three million three hundred fifty-two thousand dollars ($33,352,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction in accordance with the following schedule: (1) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the Hispanic Media Education Group for an evaluation of the Cada Cabeza Es Un Mundo Latino-Chicano High School Dropout Prevention Program. (2) One hundred ten thousand dollars ($110,000) for allocation on a one-time basis to the Orange County Department of Education for kitchen facilities at the Katharine Irvine Day School. (3) Eighty thousand dollars ($80,000) for allocation on a one-time basis to the Santa Ana Unified School District for playground equipment for the Romero Cruz Elementary School. (4) One hundred fifty-five thousand dollars ($155,000) for allocation on a one-time basis to the Centralia Elementary School District for playground equipment for the San Marino and Danbrook elementary schools. (5) Two hundred thousand dollars ($200,000) for allocation on a one-time basis to the Long Beach Unified School District for renovation of the swimming pool at Jordan High School. (6) Three hundred thousand dollars ($300,000) for allocation on a one-time basis to the San Francisco Unified School District to expand instruction in arts education in kindergarten and grades 1 to 5, inclusive. (7) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Culver City Unified School District to repair the track at Culver City High School. (8) Ten thousand dollars ($10,000) for allocation on a one-time basis to Los Angeles Unified School District for a school-based/school-linked health program at Maclay Middle School. (9) Ten thousand dollars ($10,000) for allocation on a one-time basis to Los Angeles Unified School District for a school-based/school-linked health program at Pacoima Middle School. (10) Fifteen thousand dollars ($15,000) for allocation on a one-time basis to Raisin City Elementary School District for the Raisin City library. (11) Twenty thousand dollars ($20,000) for allocation on a one-time basis to the Manhattan Beach Unified School District for purchase of equipment for teaching aids to reduce diversity intensity and increase cultural awareness at Mira Costa High School. (12) Fifty thousand dollars ($50,000) for allocation on a one-time basis to the El Nido Elementary School District for air-conditioning at El Nido Elementary. (13) Sixty-two thousand dollars ($62,000) on a one-time basis to the Hilmar Unified School District for street access at Hilmar High School. (14) Seventy-five thousand dollars ($75,000) for allocation on a one-time basis to the Wasco Union High School District for air-conditioning for the Wasco High School auditorium. (15) One hundred thousand dollars ($100,000) for allocation on a one-time basis to the Los Angeles Unified School District for a parent education center at the Ligget Elementary School. (16) One hundred thirty thousand dollars ($130,000) for allocation on a one-time basis to the San Diego City Unified School District for an ADA Tot Lot upgrade at the Alcott Elementary School. (17) One hundred thirty-nine thousand dollars ($139,000) for allocation on a one-time basis to the Las Deltas Unified School District for a water well. (18) Two hundred thousand dollars ($200,000) for allocation on a one-time basis to the Sunnyvale Elementary School District for Project H.E.L.P. (19) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to the Lamont Elementary School District for portable classrooms. (20) Two hundred fifty thousand dollars ($250,000) for allocation on a one-time basis to the Compton Unified School District for a pool at Compton High School. (21) Three hundred fifty thousand dollars ($350,000) for allocation on a one-time basis to the Fremont Union High School District for a swimming pool at Fremont High School. (22) Four hundred fifty thousand dollars ($450,000) for allocation on a one-time basis to the Los Angeles Unified School District for the San Fernando High School Health Clinic. (23) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Baldwin Park Unified School District for the DREAM project. (24) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to Montebello Unified School District for natural gas powered delivery trucks and a natural gas fueling station. (25) One hundred fifty thousand dollars ($150,000) for allocation to the Elk Grove Unified School District for a statewide Japanese language academy. (26) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Oakland Unified School District for a reading training program. (27) Three hundred fifty thousand dollars ($350,000) for allocation on a one-time basis to the Burbank Unified School District to continue an innovative literacy program. (28) Three hundred thousand dollars ($300,000) for allocation on a one-time basis to the Temple City Unified School District Arts Academy. (29) Four hundred thousand dollars ($400,000) for allocation on a one-time basis to the Alum Rock Union Elementary School District for a mathematics/science center. (30) Fifty thousand dollars ($50,000) for allocation on a one-time basis to the Santa Monica Malibu Unified School District for an after school youth program at Malibu High School. (31) One hundred fifty thousand dollars ($150,000) for allocation on a one-time basis to the Pasadena Unified School District for the Pasadena Multipurpose Athletic Field. (32) Two hundred thousand dollars ($200,000) for allocation on a one-time basis to the Tahoe-Truckee Unified School District for the North Tahoe Youth Center. (33) Three hundred sixty thousand dollars ($360,000) for allocation on a one-time basis to the Santa Barbara High School District for soccer and baseball fields. (34) Six hundred seventy-five thousand dollars ($675,000) for allocation on a one-time basis to the Los Alamitos Unified School District for reimbursement for class size reduction costs. (35) Ten million dollars ($10,000,000) for allocation on a one-time basis to the Alvord Unified School District for construction costs associated with the Center for Primary Education. (36) Nine hundred thousand dollars ($900,000) for allocation on a one-time basis to the Riverside County Office of Education for purposes of screening and diagnosing pupils for Scotopic Sensitivity Syndrome. (37) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Saugus Union Elementary School District for costs associated with testing air quality in portable classrooms. (38) Two hundred seventy-five thousand dollars ($275,000) for allocation on a one-time basis to the Inyo County Office of Education for facilities costs. (39) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Calaveras Unified School District for swimming pool renovations. (40) Twenty-seven thousand dollars ($27,000) for allocation on a one-time basis to the Alta-Dutch Flat Union Elementary School District to provide pupil transportation services. (41) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Gonzales Unified School District for slough repair costs. (42) Two hundred seventy thousand dollars ($270,000) for allocation on a one-time basis to the Madera Unified School District for the Madera Safe Schools and Recreation Route. (43) Four hundred sixty-nine thousand dollars ($469,000) for allocation on a one-time basis to the Mariposa Unified School District to offset declining average daily attendance funding. (44) Five hundred sixty-eight ($568,000) for allocation on a one-time basis to the Chatom Union Elementary School District to offset declining average daily attendance funding and to purchase school buses. (45) Three million seven hundred thousand dollars ($3,700,000) for allocation on a one-time basis to the Clovis Unified School District for the Central Valley Applied Agriculture and Technology Center. (46) Six hundred thousand dollars ($600,000) for allocation on a one-time basis to the Orinda Union Elementary School District to improve pedestrian and vehicle safety. (47) One hundred twelve thousand dollars ($112,000) for allocation on a one-time basis to the Alameda County Office of Education for the Smart Kids, Safe Kids Program. (48) Four hundred seventy-five thousand dollars ($475,000) for allocation on a one-time basis to the Millbrae Elementary School District for declining enrollment. (49) Four hundred thousand dollars ($400,000) for allocation on a one-time basis to the Los Angeles Unified School District to renovate Olive Vista Middle School. (50) Fifty thousand dollars ($50,000) for allocation on a one-time basis to the Escalon Unified School District for a new swimming pool. (51) One hundred five thousand dollars ($105,000) for allocation on a one-time basis to the Borrego Springs Unified School District for a football field facility at the Borrego Springs High School. (52) One hundred sixty thousand dollars ($160,000) for allocation on a one-time basis to the Soledad Enrichment Action Charter School for Operation Y.E.S. (53) Four hundred fifty thousand dollars ($450,000) for allocation on a one-time basis to the Del Norte County Unified School District for construction of the Mountain School multipurpose building. (54) One hundred thousand dollars ($100,000) for allocation on a gone-time basis to the L.A.'s Best for afterschool programs. (55) Five million dollars ($5,000,000) for allocation on a one-time basis to the Clovis and Fresno Unified School Districts for the Center for Advanced Research and Technology. (56) Five hundred thousand dollars ($500,000) for allocation on a one-time basis to the Los Angeles Unified School District for the renovation of the San Fernando Middle School auditorium. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a), except the amount specified in paragraph (1), shall be deemed to be "General Fund revenues appropriated to school districts," as defined in subdivision (c) of Section 41202 of the Education Code for the 1999-2000 fiscal year and included within the "total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B" as defined in subdivision (e) of Section 41202 of the Education Code, for the 1999-2000 fiscal year. SEC. 130. (a) Notwithstanding any other provision of law, average daily attendance for the Compton Unified School District for the first principal, second principal, and annual apportionments for the 1999-2000 fiscal year shall be deemed to be the product of 1.0075 multiplied by the average daily attendance reported for the first principal, second principal, and the annual apportionments for the 1998-99 fiscal year, respectively, as adjusted to reflect any corrections arising from subsequent audits. (b) Notwithstanding any other provision of law, all California Basic Educational Data System (CBEDS) enrollment numbers for the Compton Unified School District for 1999 shall be deemed to be the product of 1.0075 multiplied by the October 1998 CBEDS enrollment numbers for Compton Unified School District. SEC. 131. Section 26.5 of this bill incorporates amendments to Section 42238 of the Education Code proposed by both this bill and AB 148. It shall only become operative if (1) both bills are enacted and become effective on January 1, 2001, (2) each bill amends Section 42238 of the Education Code, and (3) this bill is enacted after AB 148, in which case Section 26 of this bill shall not become operative.