BILL NUMBER: AB 756 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2006
AMENDED IN ASSEMBLY APRIL 7, 2005
INTRODUCED BY Assembly Member Goldberg
FEBRUARY 18, 2005
An act to add Section 60050 to the Education Code,
relating to instructional materials. An act to add and
repeal Article 4.15 (commencing with Secti on 52058.5) of
Chapter 6.1 of Part 28 of the Education Code, relating to school
finance.
LEGISLATIVE COUNSEL'S DIGEST
AB 756, as amended, Goldberg Instructional materials:
page limitation. School finance: the Flexible Funding
for Pupil Achievement Program.
Existing law, the Public Schools Accountability Act of 1999,
establishes (1) the Public Schools Performance Accountability
Program, consisting of programs for schools based on their
performance on statewide accountability tests and measures of that
achievement; (2) procedures for local educational agency intervention
that are to be taken regarding local educational agencies that are
not meeting the pupil achievement requirements of the federal No
Child Left Behind Act of 2001; (3) the state No Child Left Behind
Liaison Team to advise the Superintendent of Public Instruction and
the State Board of Education on appropriate matters related to
implementation of the federal No Child Left Behind Act; and (4) a
Statewide System of School Support to provide support and technical
assistance to school districts, county offices of education, and
schools in need of improvement, as specified.
This bill would establish the Flexible Funding for Pupil
Achievement Program and would enable school districts that (1) are
identified as program improvement local educational agencies under
the No Child Left Behind Act of 2001 and have 50% or more of their
pupils enrolled in schools ranked in any of deciles 1 to 3,
inclusive, of the Academic Performance Index, (2) participate in the
Local Improvement Program, or (3) both, to participate in the new
program and be exempt from the program requirements and regulations
for specified categorical programs. The bill would require a
participating school district to provide a plan regarding the
expenditure of the funds that would be received pursuant to the
program and how the expenditure of the funds will be documented to
the Superintendent of Public Instruction for his or her review and
approval prior to receiving any funds pursuant to this program. The
bill would limit the Superintendent to only approving school district
plans that demonstrate the manner in which the resources would be
allocated to the individual schools attended by the specific pupils
for which the funding would be received pursuant to the specified
categorical programs. The bill would require the Superintendent to
request that private foundations fund and conduct independent
evaluations of the planning, implementation, operation, and
effectiveness of the program for participating schools. The bill
would make the program operative only until July 1, 2012.
Existing law requires the State Board of Education to adopt at
least 5 separate basic instructional materials, as defined, for use
in kindergarten and each of grades 1 to 8, inclusive, in language
arts, mathematics, science, social science, bilingual or bicultural
subjects, and any other subject, discipline or interdisciplinary
areas for which the state board determines the adoption of
instructional materials to be necessary or desirable.
Existing law requires the governing board of a school district
maintaining one or more high schools to adopt textbooks for use in
the high schools and authorizes only textbooks of publishers who
comply with certain requirements to be adopted.
Existing law required the State Board of Education by July 1,
2004, to adopt maximum weight standards for textbooks, as specified.
This bill would prohibit the State Board of Education and school
districts from adopting instructional materials that exceed 200 pages
in length.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.15 (commencing with Section
52058.5) is added to Chapter 6.1 of Part 28 of the
Education Code , to read:
Article 4.15. Flexible Funding for Pupil Achievement
Program
52058.5. The Flexible Funding for Pupil Achievement Program is
hereby established and shall be administered by the Superintendent.
52058.55. A school district that meets one or both of the
following requirements may elect to participate in the program:
(a) The school district has been identified as a program
improvement local educational agency pursuant to subdivision (c) of
Section 6316 of Title 20 of the United States Code and has 50 percent
or more of its pupils enrolled in schools ranked in any of deciles 1
to 3, inclusive, of the Academic Performance Index.
(b) The school district is participating in the Local Improvement
Program established pursuant to Chapter 10 (commencing with Section
58950) of Part 31.
52058.6. (a) A school district participating in the program is
exempt from the program requirements and regulations for the
following programs:
(1) English Language Acquisition Program, as set forth in Chapter
4 (commencing with Section 400) of Part 1.
(2) Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5
and Article 10 (commencing with Section 41850) of Chapter 5 of Part
24.
(3) Year-Round School Grant Program, as set forth in Article 3
(commencing with Section 42260) of Chapter 7 of Part 24.
(4) Marian Bergeson Beginning Teacher Support and Assessment
System, as set forth in Article 4.5 (commencing with Section 44279.1)
of Chapter 2 of Part 25.
(5) California Peer Assistance and Review Program for Teachers, as
set forth in Article 4.5 (commencing with Section 44500) of Chapter
3 of Part 25.
(6) Teacher dismissal apportionment, as set forth in Section
44944.
(7) Program to Reduce Class Size in Two Courses in Grade 9, as set
forth in Chapter 6.8 (commencing with Section 52080).
(8) Class Size Reduction Program for kindergarten and grades 1 to
3, inclusive, as set forth in Chapter 6.10 (commencing with Section
52120).
(9) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7.
(10) Regional Occupational Centers and Programs, as set forth in
Article 1 (commencing with Section 52300) of Chapter 9.
(11) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter
9.
(12) International Baccalaureate Diploma Program, as set forth in
Chapter 12.5 (commencing with Section 52920).
(13) Partnership Academies Program, as set forth in Article 5
(commencing with Section 54690) of Chapter 9 of Part 29.
(14) Supplemental grants, as set forth in Article 9 (commencing
with Section 54760) of Chapter 9 of Part 29.
(15) Specialized secondary programs, as set forth in Chapter 6
(commencing with Section 58800) of Part 31.
(16) At-risk youth programs, as set forth in subdivision (a) of
Section 41 of Chapter 299 of the Statutes of 1997.
(17) Apprentice programs, as funded in Item 6110-103-0001 of
Section 2.00 of the Budget Act of 2004 (Ch. 208, Stats. 2004).
(18) Intersegmental Programs, as funded in Item 6110-197-0001 of
Section 2.00 of the Budget Act of 2004 (Ch. 208, Stats. 2004).
(19) Civic education program, as funded in Item 6110-208-0001 of
Section 2.00 of Budget Act of 2004 (Ch. 208, Stats. 2004).
(20) School safety programs, as funded in Item 6110-228-0001 of
Section 2.00 of Budget Act of 2004 (Ch. 208, Stats. 2004).
(b) This section does not amend, abrogate, or render unenforceable
the provisions of any collective bargaining agreement governing the
operation or administration of the programs specified in paragraphs
(4) and (5) of subdivision (a).
(c) Notwithstanding any other provision of law, commencing with
the 2007-08 fiscal year, and each fiscal year thereafter, the
Superintendent shall apportion categorical block grant funds to
school districts participating in the program as follows:
(1) In order to determine the amount of funds to be allocated to
each participating school district, the Superintendent shall do all
of the following:
(A) Determine the amount of funds allocated to each school
district in the 2006-07 fiscal year for the programs specified in
subdivision (a).
(B) Adjust that amount by the increase in average daily attendance
defined in Section 42238.5.
(C) Adjust the resulting amount by the inflation increase provided
in the annual Budget Act.
(2) The amount calculated pursuant to paragraph (1) shall be
allocated to each school district as a block grant and shall be
available for support of educational activities, in the following
priority order:
(A) Active court orders.
(B) Any other educational activity.
52058.65. A participating school district shall provide a plan
regarding the expenditure of the funds received pursuant to the
program and how the expenditure will be documented to the
Superintendent for his or her review and approval prior to receiving
any funds pursuant to this program. The Superintendent shall only
approve the plan if it demonstrates how the resources shall be
allocated to the individual schools attended by the specific pupils
for which the funding was received pursuant to the categorical
programs specified in Section 52058.6.
52058.7. The Superintendent shall request private foundations to
fund and conduct independent evaluations of the planning,
implementation, operation, and effectiveness of this program.
52058.75. This article shall become inoperative on July 1, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2013, deletes
or extends the dates upon which it becomes inoperative and is
repealed.
SECTION 1. Section 60050 is added to the
Education Code, to read:
60050. (a) Neither the state board nor a governing board may
adopt instructional materials that exceed 200 pages in length.
(b) The Legislature encourages the use of technology and
multimedia materials in order to comply with subdivision (a) and
reduce the cost and weight of textbooks.