BILL NUMBER: SB 405 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2007
AMENDED IN ASSEMBLY JULY 18, 2007
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 15, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Steinberg
(Coauthor: Assembly Member Nunez)
FEBRUARY 21, 2007
An act to amend Sections 1240, 51224, 51228,
52336, 52378, and 66204 of, to add and repeal Chapter 18
(commencing with Section 53100) of Part 28 of Division 4 of Title 2
of, and to repeal Section 52336.1 of, the Education Code, relating to
school curriculum.
LEGISLATIVE COUNSEL'S DIGEST
SB 405, as amended, Steinberg. Schools: curriculum: opportunities
for pupils.
(1) Existing law requires a school district maintaining any of
grades 7 to 12, inclusive, to offer to all otherwise qualified pupils
in those grades a course of study fulfilling the requirements and
prerequisites for admission to the California public institutions of
postsecondary education and to provide a timely opportunity to each
of those pupils to enroll within a 4-year period in each course
necessary to fulfill those requirements and prerequisites prior to
graduation from high school. Each school district maintaining any of
grades 7 to 12, inclusive, also is required to offer to all otherwise
qualified pupils in those grades a course of study that provides an
opportunity for those pupils to attain entry-level employment skills
in business or industry upon graduation from high school, and is
encouraged to provide all pupils with a rigorous academic curriculum
that integrates academic and career skills, incorporates applied
learning in all disciplines, and prepares all pupils for high school
graduation and career entry.
This bill would establish, until January 1, 2014, the College and
Career Opportunity Program, to be administered by the Superintendent
of Public Instruction. The Superintendent would be required to invite
high schools, based on specified criteria, to apply for the program
and to select up to 100 schools for participation in the program.
Schools participating in the program would receive grants of $100 per
pupil to be used to provide academic assistance and services to
pupils necessary to prepare them for the rigors of college
preparatory and career technical education courses; increase access
of pupils to, and success of pupils in, those courses; and inform
pupils of the benefits of, and requirements for, enrollment in those
courses. The Superintendent would be required to contract for an
independent evaluation of the effectiveness of the program and to
report the findings to the Governor and the Legislature on or before
August 1, 2010.
(2) Existing law requires a county superintendent of schools to
undertake specified duties regarding the oversight of the school
districts within his or her jurisdiction.
This bill would require a county superintendent of schools to
perform additional duties related to the review of, and specified
reporting on, the access of pupils in grades 7 to 12, inclusive, at
schools ranked in any of deciles 1 to 3, inclusive, of the Academic
Performance Index (API) to the courses that are requirements for
admission to the University of California and the California State
University and to a course of study that provides pupils with the
skills necessary for entry-level employment upon graduation from high
school and offering specified assistance to a school when he or she
determines, pursuant to the required review of that school, that the
school has failed to make the college prerequisite courses available.
(3)
(2) Existing law requires the governing board of a
school district maintaining a high school to prescribe separate
college preparatory and career technical education courses of study.
Each school district maintaining any of grades 7 to 12, inclusive, is
required to offer to all otherwise qualified pupils those courses of
study. A pupil who has successfully completed his or her education,
through grade 10, with written parental consent, may choose to follow
either course of study.
The bill would require a school district maintaining any of grades
7 to 12, inclusive, to offer the career technical education course
of study to all otherwise qualified pupils in those grades at each
school in the district. The governing board of a school district
would be required to prescribe courses of study that include study
for college admission preparation and career technical education,
rather than requiring 2 separate courses of study to be prescribed.
Specific ways in which a school district may, but is not required to,
satisfy the requirement to offer a college preparatory course of
study would be added. The provision authorizing a pupil who has
completed grade 10 to choose between a separate college preparatory
course of study and a separate career technical education course of
study would be repealed.
(4)
(3) Existing law authorizes a business, trade or
professional association, union, or state or local governmental
agency operating within the state to establish and operate, through
the local school district, a career preparatory program within the
state pursuant to specified requirements, including that the entity
operating the program develop and implement for all enrolled pupils a
course of instruction that satisfies the curricular requirements for
graduation from high school.
The bill, instead, would require that the course of instruction be
one that is aligned with the career technical education curriculum
framework adopted by the state board State
Board of Education .
(4) Under existing law, the Middle and High School Supplemental
Counseling Program is established to provide additional counseling
services to pupils in grades 7 to 12, inclusive. As a condition of
receiving funds, the governing board of each school district
maintaining any of grades 7 to 12, inclusive, is required to hold a
public meeting to adopt the program, which is required to include
specified provisions. A school district also is required to submit an
annual report related to the program requirements and pupil
achievement to the Superintendent.
This bill would expand the program requirements to include
provisions for individualized review of the career goals of the pupil
and academic and career-related opportunities available to the pupil
and for explanation of the coursework and academic progress required
for eligibility for admission to a 4-year college. School districts,
as a condition of the program, also would be required to perform
additional duties related to identifying and monitoring pupils who
are not on track to satisfy the curricular requirements for admission
to the University of California or the California State University
and to mandate each school perform additional duties related to that
subject. The annual report, rather than including the number of
pupils who participated in the required conferences and passed the
high school exit examination, would include the number of pupils who
did both of those items and also satisfied the requirements for
admission to the University of California and the California State
University.
(5) Existing law requires the Superintendent to assist school
districts to ensure that all public high school pupils have access to
a core curriculum that meets the requirements for admission to the
University of California and the California State University.
This bill would require the Superintendent to submit to the state
board an annual report, if funds are appropriated for this purpose,
regarding compliance of school districts in which middle and high
schools are ranked in deciles 1 to 3, inclusive, of the 2003 base
Academic Performance Index, with the requirements that all otherwise
qualified pupils have access to courses of college preparatory and
career technical education courses of study.
(6) To the extent that additional duties would be required of
local educational agencies or officials, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
College and Career Opportunity Act.
SEC. 2. Section 1240 of the Education Code is
amended to read:
1240. The county superintendent of schools shall do all of the
following:
(a) Superintend the schools of his or her county.
(b) Maintain responsibility for the fiscal oversight of each
school district in his or her county pursuant to the authority
granted by this code.
(c) (1) Visit and examine each school in his or her county at
reasonable intervals to observe its operation and to learn of its
problems. He or she may annually present a report of the state of the
schools in his or her county, and of his or her office, including,
but not limited to, his or her observations while visiting the
schools, to the board of education and the board of supervisors of
his or her county.
(2) (A) For fiscal years 2004-05 to 2006-07, inclusive, to the
extent that funds are appropriated for purposes of this paragraph,
the county superintendent, or his or her designee, shall annually
submit a report, at a regularly scheduled November board meeting, to
the governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, and
shall include, among other things, his or her observations while
visiting the schools and his or her determinations for each school
regarding the status of all of the circumstances listed in
subparagraph (I) and teacher misassignments and teacher vacancies. As
a condition for receipt of funds, the county superintendent, or his
or her designee, shall use a standardized template to report the
circumstances listed in subparagraph (I) and teacher misassignments
and teacher vacancies, unless the current annual report being used by
the county superintendent, or his or her designee, already includes
those details for each school.
(B) Commencing with the 2007-08 fiscal year, to the extent that
funds are appropriated for purposes of this paragraph, the county
superintendent, or his or her designee, shall annually submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to
Section 52056. As a condition for the receipt of funds, the annual
report shall include the determinations for each school made by the
county superintendent, or his or her designee, regarding the status
of all of the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision. For
purposes of this section, schools ranked in deciles 1 to 3,
inclusive, on the 2006 base API shall include any schools determined
by the department to meet either of the following:
(i) The school meets all of the following criteria:
(I) Does not have a valid base API score for 2006.
(II) Is operating in fiscal year 2007-08 and was operating in
fiscal year 2006-07 during the Standardized Testing and Reporting
(STAR) Program testing period.
(III) Has a valid base API score for 2005 that was ranked in
deciles 1 to 3, inclusive, in that year.
(ii) The school has an estimated base API score for 2006 that
would be in deciles 1 to 3, inclusive.
(C) The department shall estimate an API score for any school
meeting the criteria of subclauses (I) and (II) of clause (i) of
subparagraph (B) and not meeting the criteria of subclause (III) of
clause (i) of subparagraph (B), using available testing scores and
any weighting or corrective factors it deems appropriate. The
department shall post the API scores on its Internet Web site on or
before May 1.
(D) For purposes of this section, references to schools ranked in
deciles 1 to 3, inclusive, on the 2006 base API shall exclude any
schools operated by county offices of education pursuant to Section
56140, as determined by the department.
(E) (i) Commencing with the 2010-11 fiscal year and every third
year thereafter, the Superintendent shall identify a list of schools
ranked in deciles 1 to 3, inclusive, of the API for which the county
superintendent, or his or her designee, shall annually submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county that describes the
state of the schools in the county or of his or her office that are
ranked in deciles 1 to 3, inclusive, of the base API as defined in
clause (ii).
(ii) For the 2010-11 fiscal year, the list of schools ranked in
deciles 1 to 3, inclusive, of the base API shall be updated using the
criteria set forth in clauses (i) and (ii) of subparagraph (B) and
subparagraphs (C) and (D), as applied to the 2009 base API, and
thereafter shall be updated every third year using the criteria set
forth in clauses (i) and (ii) of subparagraph (B) and subparagraphs
(C) and (D), as applied to the base API of the year preceding the
third year consistent with clause (i).
(iii) As a condition for the receipt of funds, the annual report
shall include the determinations for each school made by the county
superintendent, or his or her designee, regarding the status of all
of the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision.
(F) The county superintendent of the Counties of Alpine, Amador,
Del Norte, Mariposa, Plumas, and Sierra, and the City and County of
San Francisco shall contract with another county office of education
or an independent auditor to conduct the required visits and make all
reports required by this paragraph.
(G) On a quarterly basis, the county superintendent, or his or her
designee, shall report the results of the visits and reviews
conducted that quarter to the governing board of the school district
at a regularly scheduled meeting held in accordance with public
notification requirements. The results of the visits and reviews
shall include the determinations of the county superintendent, or his
or her designee, for each school regarding the status of all the
circumstances listed in subparagraph (I) and teacher misassignments
and teacher vacancies. If the county superintendent, or his or her
designee, conducts no visits or reviews in a quarter, the quarterly
report shall report that fact.
(H) The visits made pursuant to this paragraph shall be conducted
at least annually and shall meet the following criteria:
(i) Minimize disruption to the operation of the school.
(ii) Be performed by individuals who meet the requirements of
Section 45125.1.
(iii) Consist of not less than 25 percent unannounced visits in
each county. During unannounced visits in each county, the county
superintendent shall not demand access to documents or specific
school personnel. Unannounced visits shall only be used to observe
the condition of school repair and maintenance, and the sufficiency
of instructional materials, as defined by Section 60119.
(I) The priority objective of the visits made pursuant to this
paragraph shall be to determine the status of all of the following
circumstances:
(i) Sufficient textbooks as defined in Section 60119 and as
specified in subdivision (i).
(ii) The condition of a facility that poses an emergency or urgent
threat to the health or safety of pupils or staff as defined in
district policy or paragraph (1) of subdivision (c) of Section
17592.72.
(iii) The accuracy of data reported on the school accountability
report card with respect to the availability of sufficient textbooks
and instructional materials, as defined by Section 60119, and the
safety, cleanliness, and adequacy of school facilities, including
good repair as required by Sections 17014, 17032.5, 17070.75, and
17089.
(J) The county superintendent may make the status determinations
described in subparagraph (I) during a single visit or multiple
visits. In determining whether to make a single visit or multiple
visits for this purpose, the county superintendent shall take into
consideration factors such as cost-effectiveness, disruption to the
schoolsite, deadlines, and the availability of qualified reviewers.
(K) If the county superintendent determines that the condition of
a facility poses an emergency or urgent threat to the health or
safety of pupils or staff as defined in district policy or paragraph
(1) of subdivision (c) of Section 17592.72, or is not in good repair,
as specified in subdivision (d) of Section 17002 and required by
Sections 17014, 17032.5, 17070.75, and 17089, the county
superintendent may, among other things, do any of the following:
(i) Return to the school to verify repairs.
(ii) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance if the district has not
provided evidence of successful repairs within 30 days of the visit
of the county superintendent or, for major projects, has not provided
evidence that the repairs will be conducted in a timely manner. The
report may be provided to the governing board of the school district.
If the report is provided to the school district, it shall be
presented at a regularly scheduled meeting held in accordance with
public notification requirements. The county superintendent shall
post the report on his or her Internet Web site. The report shall be
removed from the Internet Web site when the county superintendent
verifies the repairs have been completed.
(d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.
(e) Annually, on or before August 15, present a report to the
governing board of the school district and the Superintendent
regarding the fiscal solvency of any school district with a
disapproved budget, qualified interim certification, or a negative
interim certification, or that is determined at any time to be in a
position of fiscal uncertainty pursuant to Section 42127.6.
(f) Keep in his or her office the reports of the Superintendent.
(g) Keep a record of his or her official acts, and of all the
proceedings of the county board of education, including a record of
the standing, in each study, of all applicants for certificates who
have been examined, which shall be open to the inspection of any
applicant or his or her authorized agent.
(h) Enforce the course of study.
(i) (1) Enforce the use of state textbooks and instructional
materials and of high school textbooks and instructional materials
regularly adopted by the proper authority in accordance with Section
51050.
(2) For purposes of this subdivision, sufficient textbooks or
instructional materials has the same meaning as in subdivision (c) of
Section 60119.
(3) (A) Commencing with the 2005-06 school year, if a school is
ranked in any of deciles 1 to 3, inclusive, of the 2003 base API, as
defined in subdivision (b) of Section 17592.70, and not currently
under review pursuant to a state or federal intervention program, the
county superintendent shall specifically review that school at least
annually as a priority school. A review conducted for purposes of
this paragraph shall be completed by the fourth week of the school
year.
(B) In order to facilitate the review of instructional materials
before the fourth week of the school year, the county superintendent
of schools in a county with 200 or more schools that are ranked in
any of deciles 1 to 3, inclusive, of the 2003 base API, as defined in
subdivision (b) of Section 17592.70, may utilize a combination of
visits and written surveys of teachers for the purpose of determining
sufficiency of textbooks and instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined in subdivision (c) of Section 60119. If a county
superintendent of schools elects to conduct written surveys of
teachers, the county superintendent of schools shall visit the
schools surveyed within the same academic year to verify the accuracy
of the information reported on the surveys. If a county
superintendent surveys teachers at a school in which the county
superintendent has found sufficient textbooks and instructional
materials for the previous two consecutive years and determines that
the school does not have sufficient textbooks or instructional
materials, the county superintendent shall within 10 business days
provide a copy of the insufficiency report to the school district as
set forth in paragraph (4).
(C) For purposes of this paragraph, "written surveys" may include
paper and electronic or online surveys.
(4) If the county superintendent determines that a school does not
have sufficient textbooks or instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined by subdivision (c) of Section 60119, the county
superintendent shall do all of the following:
(A) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance.
(B) Provide within five business days of the review, a copy of the
report to the school district, as provided in subdivision (c), or,
if applicable, provide a copy of the report to the school district
within 10 business days pursuant to subparagraph (B) of paragraph
(3).
(C) Provide the school district with the opportunity to remedy the
deficiency. The county superintendent shall ensure remediation of
the deficiency no later than the second month of the school term.
(D) If the deficiency is not remedied as required pursuant to
subparagraph (C), the county superintendent shall request the
department purchase the textbooks or instructional materials
necessary to comply with the sufficiency requirement of this
subdivision. If the department purchases textbooks or instructional
materials for the school district, the department shall issue a
public statement at the first regularly scheduled meeting of the
state board occurring immediately after the department receives the
request of the county superintendent and that meets the applicable
public notice requirements, indicating that the district
superintendent and the governing board of the school district failed
to provide pupils with sufficient textbooks or instructional
materials as required by this subdivision. Before purchasing the
textbooks or instructional materials, the department shall consult
with the district to determine which textbooks or instructional
materials to purchase. All purchases of textbooks or instructional
materials shall comply with Chapter 3.25 (commencing with Section
60420) of Part 33. The amount of funds necessary for the purchase of
the textbooks and materials is a loan to the school district
receiving the textbooks or instructional materials. Unless the school
district repays the amount owed based upon an agreed-upon repayment
schedule with the Superintendent, the Superintendent shall notify the
Controller and the Controller shall deduct an amount equal to the
total amount used to purchase the textbooks and materials from the
next principal apportionment of the district or from another
apportionment of state funds.
(j) (1) (A) Review the availability to all otherwise qualified
pupils in grades 7 to 12, inclusive, of both of the following:
(i) A course of study fulfilling the requirements and
prerequisites for admission to the California public institutions of
postsecondary education, in accordance with Section 51228, at a
school ranked in any of deciles 1 to 3, inclusive, of the API and
report on that availability to the school district that has
jurisdiction over that school and to the Superintendent.
(ii) A career technical education course of study that provides
pupils with the skills necessary for entry-level employment upon
graduation from high school, in accordance with Section 51228, at a
school ranked in any of deciles 1 to 3, inclusive, of the API and
report on that availability to the school district that has
jurisdiction over the school and to the Superintendent.
(B) For purposes of this subdivision, availability to all
otherwise qualified pupils has the same meaning as in subdivision (a)
of Section 51228.
(2) If the county superintendent determines that a school reviewed
pursuant to paragraph (1) does not make available to all otherwise
qualified pupils in grades 7 to 12, inclusive, a course of study
fulfilling the requirements for admission to the California public
institutions of postsecondary education and a course of study that
provides pupils the skills necessary for entry-level employment in
accordance with Section 51228, the county superintendent shall,
within the same school year, do both of the following:
(A) Assess whether the school is deficient in one or more of the
following areas:
(i) Provision of sufficient courses in high schools that are
certified by the University of California as meeting the requirements
for admission to the University of California and the California
State University in a manner that every otherwise qualified pupil is
able to access in the sequence of introductory and then advanced
courses recommended by the University of California and the
California State University, as applicable.
(ii) Provision of sufficient courses in high schools that meet the
curriculum content standards and framework of a career technical
education course of study as recognized by the department pursuant to
Section 51226 in a manner that every otherwise qualified pupil is
able to access the courses in the sequence of introductory and then
advanced courses.
(iii) Assignment of teachers who hold a credential and subject
matter certification in the subject matter in which they teach, to
courses that are certified by the University of California as meeting
the requirements for admission to the University of California and
the California State University.
(iv) Provision of sufficient certified career technical education
teachers to provide the course of study specified in clause (ii) of
subparagraph (A) of paragraph (1).
(v) Provision of instructional support sufficient for pupils
enrolled in courses that are certified by the University of
California as meeting the requirements for admission to the
University of California and the California State University to be
able to achieve a grade of C or better in the courses.
(vi) Assignment within middle schools of pupils to prealgebra or
higher level mathematics courses and foreign language courses that
are certified by the University of California as meeting the
requirements for admission to the University of California and the
California State University.
(B) In response to the assessment conducted in subparagraph (A),
offer assistance to the school consistent with one or more of the
following:
(i) Developing and reporting on a plan, including benchmarks, for
increased availability of courses that are certified by the
University of California as meeting the requirements for admission to
the University of California and the California State University to
achieve compliance with Section 51228, including modifications to
core academic courses to integrate career technical education and
learning strategies that include the application of coursework to
career settings.
(ii) Offering management assistance and counselor in-service
training to ensure that otherwise eligible middle and high school
pupils are able to enroll in courses that are certified by the
University of California as meeting the requirements for admission to
the University of California and the California State University.
(iii) Recommending use of a personnel management assistance team,
as defined in Section 44740, to assist the school and school district
in increasing the numbers of teachers who hold a credential and
subject matter certification in the subject matter of the courses
they teach that are certified by the University of California as
meeting the requirements for admission to the University of
California and the California State University, and to encourage the
district to apply for professional development funding, consistent,
for example, with Section 99234, to allow teachers who do not hold
either a credential or a subject matter certification in the subjects
they teach to advance their training and obtain the proper
credentials and subject matter certifications.
(iv) Developing and reporting on a plan, including benchmarks, for
availability or increased availability of instructional support, and
if the enrollment of pupils whose first language is not English,
including both English language learners and pupils who have been
reclassified as proficient in English, in the school exceeds 25
percent, recommending classes designed to enable native speakers of
other languages to meet the foreign language requirements for
admission to the University of California and the California State
University.
(k) Preserve carefully all reports of school officers and
teachers.
() (1) Submit two reports during the fiscal year to the county
board of education in accordance with the following:
(A) The first report shall cover the financial and budgetary
status of the county office of education for the period ending
October 31. The second report shall cover the period ending January
31. Both reports shall be reviewed by the county board of education
and approved by the county superintendent of schools no later than 45
days after the close of the period being reported.
(B) As part of each report, the county superintendent shall
certify in writing whether or not the county office of education is
able to meet its financial obligations for the remainder of the
fiscal year and, based on current forecasts, for two subsequent
fiscal years. The certifications shall be classified as positive,
qualified, or negative,
pursuant to standards prescribed by the Superintendent, for the
purposes of determining subsequent state agency actions pursuant to
Section 1240.1. For purposes of this subdivision, a negative
certification shall be assigned to any county office of education
that, based upon current projections, will not meet its financial
obligations for the remainder of the fiscal year or for the
subsequent fiscal year. A qualified certification shall be assigned
to any county office of education that may not meet its financial
obligations for the current fiscal year or two subsequent fiscal
years. A positive certification shall be assigned to any county
office of education that will meet its financial obligations for the
current fiscal year and subsequent two fiscal years. In accordance
with those standards, the Superintendent may reclassify any
certification. If a county office of education receives a negative
certification, the Superintendent, or his or her designee, may
exercise the authority set forth in subdivision (c) of Section 1630.
Copies of each certification, and of the report containing that
certification, shall be sent to the Superintendent at the time the
certification is submitted to the county board of education. Copies
of each qualified or negative certification and the report containing
that certification shall be sent to the Controller at the time the
certification is submitted to the county board of education.
(2) All reports and certifications required under this subdivision
shall be in a format or on forms prescribed by the Superintendent,
and shall be based on standards and criteria for fiscal stability
adopted by the state board pursuant to Section 33127. The reports and
supporting data shall be made available by the county superintendent
of schools to any interested party upon request.
(3) This subdivision does not preclude the submission of
additional budgetary or financial reports by the county
superintendent to the county board of education or to the
Superintendent.
(4) The county superintendent of schools is not responsible for
the fiscal oversight of the community colleges in the county.
However, he or she may perform financial services on behalf of those
community colleges.
(m) Deliver to his or her successor, at the close of his or her
official term, all records, books, documents, and papers belonging to
the office, taking a receipt for them, which shall be filed with the
department.
(n) If requested, act as agent for the purchase of supplies for
the city and high school districts of his or her county.
(o) For purposes of Section 44421.5, report to the Commission on
Teacher Credentialing the identity of any certificated person who
knowingly and willingly reports false fiscal expenditure data
relative to the conduct of any educational program. This requirement
applies only if, in the course of his or her normal duties, the
county superintendent of schools discovers information that gives him
or her reasonable cause to believe that false fiscal expenditure
data relative to the conduct of any educational program has been
reported.
SEC. 3. SEC. 2. Section 51224 of the
Education Code is amended to read:
51224. The governing board of a 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 courses of study, including, but not limited to, study
designed to prepare prospective pupils for admission to state
colleges and universities and study designed to prepare a pupil for
work through career technical education training.
SEC. 4. SEC. 3. Section 51228 of the
Education Code is amended to read:
51228. (a) (1) A school district maintaining any of grades 7 to
12, inclusive, shall offer to all otherwise qualified pupils in those
grades a course of study fulfilling the requirements and
prerequisites for admission to the California public institutions of
postsecondary education and shall provide a timely opportunity to
each of those pupils to enroll within a four-year period in each
course necessary to fulfill those requirements and prerequisites
prior to graduation from high school.
(2) (A) A school district shall be deemed to have fulfilled its
responsibilities pursuant to paragraph (1) if it, at each school in
the district offering grade 7 or 8, or both, offers instructional
support for pupils in that grade or those grades who are at risk of
failing to complete courses that are certified by the University of
California as meeting the requirements for admission to the
University of California and the California State University in the
sequence of introductory and then advanced courses recommended by the
University of California and the California State University, as
applicable.
(B) A school district shall be deemed to have fulfilled its
responsibilities pursuant to paragraph (1) if it fulfills, at each
high school in the district, both of the following requirements:
(2) A school district satisfies, for its high schools, its
responsibilities pursuant to paragraph (1) if it, at each high school
in the district, fulfills both of the following requirements:
(i)
(A) Offers sufficient courses that are certified by the
University of California as meeting the requirements for admission
to the University of California and the California State University
and are taught by teachers who hold credentials in the subject matter
of the courses that they teach in numbers and at times that allow
all pupils to take those courses in the sequence of introductory and
then advanced courses recommended by the University of California and
the California State University, as applicable, except if pupils
have not completed, with a passing grade or better, any prerequisite
coursework.
(ii)
(B) Offers instructional support for pupils who
struggle to, or are at risk of failing to, complete courses that are
certified by the University of California as meeting the requirements
for admission to the University of California and the California
State University in the sequence of introductory and then advanced
courses recommended by the University of California and the
California State University, as applicable.
(b) (1) A school district maintaining any of
grades 7 to 12, inclusive, shall offer to all otherwise qualified
pupils in those grades at each school in the district a course of
study that provides an opportunity for those pupils to attain
entry-level employment skills in business or industry upon graduation
from high school. School districts are encouraged to provide all
pupils with a rigorous academic curriculum that integrates academic
and career skills, incorporates applied learning in all disciplines,
and prepares all pupils for high school graduation and career entry.
(c) A school district that adopts a required curriculum that meets
or exceeds the model standards developed and adopted by the state
board pursuant to Section 51226 shall be deemed to have fulfilled its
responsibilities pursuant to subdivision (b).
(2) A school district satisfies, for its high schools, its
responsibilities pursuant to paragraph (1) if it, at each high school
in the district, fulfills both of the following requirements:
(A) Offers a sufficient number and variety of career technical
education courses of study in high schools that meet the curriculum
content standards for career technical education adopted by the state
board pursuant to Section 51226 in numbers and at times that allow
all pupils to take those courses in a sequence of introductory and
then advanced courses within career pathways prior to graduation from
high school, except if pupils have not completed, with a passing
grade or better, any prerequisite career technical education
coursework. Advanced career technical education coursework may
include regional occupational program courses in grades 11 and 12, as
applicable, that are available to high school pupils in the school
district.
(B) Offers pupils instructional support, such as participation in
national affiliated career technical education pupil leadership and
skill associations, supervised work-based learning experiences, and
other activities integral to instruction, as referenced in the
curriculum content standards for career technical education adopted
by the state board pursuant to Section 51226.
(d)
(c) A school district that adopts a required curriculum
pursuant to subdivision (c) that meets or exceeds
the model standards developed by the state board pursuant to Section
51226, or that adopts alternative means for pupils to complete the
prescribed course of study pursuant to subdivision (b) of Section
51225.3, may substitute pupil demonstration of competence in the
prescribed subjects through a practical demonstration of these skills
in a regional occupational center or program, work experience,
interdisciplinary study, independent study, credit earned at a
postsecondary institution, or other outside school experience, as
prescribed by subdivision (b) of Section 51225.3.
SEC. 5. SEC. 4. 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 is
aligned with the career technical education curriculum framework
adopted by the state board.
(c) Subject to the development of the course of instruction
delineated in subdivision (b) and to continuing certification by the
department, 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 pupils 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. 6. SEC. 5. Section 52336.1 of
the Education Code is repealed.
SEC. 6. Section 52378 of the Education
Code is amended to read:
52378. The Middle and High School Supplemental Counseling Program
is hereby established for the purpose of providing additional
counseling services to pupils in grades 7 to 12, inclusive. As a
condition of receiving funds, the governing board of each school
district maintaining any of grades 7 to 12, inclusive, shall do all
of the following:
(a) The program shall be adopted at a public meeting of the
governing board of a school district and shall include all
of the following:
(1) A provision for individualized review of the pupil's
academic and deportment records of the pupil .
(2) A provision for individualized review of the career goals of,
and the available academic and career technical education
opportunities and community and workplace experiences available to,
the pupil that may support the pursuit of the goals of the pupil.
(2)
(3) A provision for a counselor to meet with each pupil
and , if practicable, the parents or legal
guardian of the pupil , to explain the academic
and deportment records of the pupil, his or her educational options,
the coursework and academic progress needed for satisfactory
completion of middle or high school, passage of the high school exit
examination , and eligibility for admission to a
four-year institution of postsecondary education, including the
University of California and the California State University, as well
as the availability of career technical education. The
educational options explained at the meeting shall
, if services are available, shall include the
college preparatory program and vocational
career technical education programs, including regional
occupational centers and programs and any other alternatives
available to pupils within the school district.
(b) In addition to the counseling services described in
subdivision (a), school districts shall identify pupils who are at
risk of not graduating with the rest of their class or are at
risk of not being eligible for admission to the University of
California and the California State University , are not
earning credits at a rate that will enable them to pass the high
school exit examination, or do not have sufficient training to allow
them to fully engage in their chosen career, and shall do all of the
following:
(1) Require each school within its jurisdiction that enrolls
pupils in grades 10 and 12 to develop a list of coursework and
experience necessary to assist each pupil in their
his or her respective grade that has not passed one or
both parts of the high school exit examination or has not
satisfied, or is not on track to satisfy, the curricular requirements
for admission to the University of California and the California
State University, and to successfully transition to
postsecondary education or employment.
(2) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 who is deemed to be at the
far below basic level in English language arts or mathematics
pursuant to California Standards Tests administered to pupils in
grade 6 to successfully transition to high school and meet all
graduation requirements, including passing the high school exit
examination.
(3) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 to begin to satisfy the
requirements for admission to the University of California and
California State University systems.
(3)
(4) A copy of the list of coursework and
experience necessary lists developed pursuant to
paragraphs (2) and (3) shall be provided to the pupil and his
or her parent or legal guardian. The school district shall ensure
that the list of coursework and experience is part of the cumulative
records of the pupil.
(c) (1) In addition to the items identified in subdivision (b),
the list of coursework and experience for a pupil enrolled in grade
12 shall include options for continuing his or her education if he or
she fails to meet graduation requirements. These options shall
include, but not be limited to, all of the following:
(A) Enrolling in an adult education program.
(B) Enrolling in a community college.
(C) Continuing enrollment in the pupil's school
district of the pupil .
(2) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
(d) As a condition of receipt of funds pursuant to this article, a
school district shall require each school within its jurisdiction to
offer and schedule an individual conference with each pupil,
identified in paragraphs (1) and , (2)
, and (3) of subdivision (b), and his or her parent or
legal guardian, and a school counselor. The individual conference
shall be scheduled, to the extent feasible, according to the
following requirements:
(1) For a pupil enrolled in grade 7, the conference shall occur
before January of that school year in which the pupil is enrolled in
grade 7.
(2) For a pupil enrolled in grade 10, the conference shall occur
between the spring of that school year in which the pupil is enrolled
in grade 10 and the fall of the following school year in which the
pupil would be enrolled in grade 11. For the 2006-07 school
year, the conference shall occur on or before December 31, 2006.
For a school operating on a multitrack, year-round
calendar, the conference for a pupil enrolled in grade 10 shall occur
in the timeframe that is equivalent to that specified timeframe for
a school operating on a traditional calendar.
(3) For a pupil enrolled in grade 12, the conference shall occur
after November of that school year in which the pupil is enrolled in
grade 12, but before March of the same school year. For a school
operating on a multitrack, year-round calendar, the conference for a
pupil enrolled in grade 12 shall occur in the timeframe that is
equivalent to that specified timeframe for a school operating on a
traditional calendar.
(e) During the individual conference described in subdivision (d),
the school counselor shall apprise the pupil identified in
paragraphs (1) and , (2) , and (3)
of subdivision (b), and his or her parent or legal
guardian of the following:
(1) Consequences of not passing the high school exit examination.
(2) Programs, courses, and career technical education options
available for pupils needed for satisfactory completion of middle or
high school.
(3) Cumulative records and transcripts of the pupil.
(4) Performance on standardized and diagnostic assessments of the
pupil.
(5) Remediation strategies, high school courses, and alternative
education options available to the pupil.
(6) Information on postsecondary education and training.
(7) The pupil's score of the pupil
on the English language arts or mathematics portion of the California
Standards Test administered in grade 6, as applicable.
(8) Eligibility requirements, including coursework and test
requirements, and the progress of the pupil toward satisfaction of
those requirements for admission to four-year institutions of
postsecondary education, including, at least, the University of
California and the California State University.
(9) The availability of financial aid for postsecondary education.
SEC. 7. Chapter 18 (commencing with Section 53100) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 18. COLLEGE AND CAREER OPPORTUNITY PILOT PROGRAM
53100. The College and Career Opportunity Pilot Program is hereby
established and shall be administered by the Superintendent.
53101. For purposes of this chapter, the following terms have the
following meaning, unless the context requires otherwise:
(a) "Career technical education courses" means those sequences of
career technical education courses that are aligned to the career
technical education curriculum framework adopted by the state board.
(b) "College preparatory courses" means those courses that satisfy
the curricular requirements for admission to the University of
California and the California State University.
(c) "Program" means the College and Career Opportunity Pilot
Program established pursuant to this chapter.
53102. (a) The Superintendent shall identify high schools in
deciles 1 to 5, inclusive, of the Academic Performance Index (API)
that enroll 400 or more pupils and that meet both of the following
criteria:
(1) Fewer than 67 percent of the total courses offered by the
school qualify as college preparatory courses.
(2) Fewer than 80 percent of the college preparatory and career
technical education courses of the school are taught by teachers who
hold a credential or subject matter certification in the subject
matter of the course or courses they teach.
(b) By January 15, 2008, the Superintendent shall invite schools
identified pursuant to subdivision (a) to apply to participate in the
program.
53103. (a) A school invited to apply to participate in the
program pursuant to subdivision (b) of Section 53102 may apply to
participate in the program by submitting a five-year program
participation plan and budget to the Superintendent no later than
September 2, 2008.
(b) The five-year plan of the school should reflect a set of
strategies and benchmarks specific to that high school.
(c) (1) The Superintendent shall select no more than 100 high
schools for participation in, and funding pursuant to, the program
after the approval of the five-year plan and budget for each of those
schools.
(2) Priority for selection of the schools to participate in the
program shall be given to high schools based upon the quality of the
five-year plan of the school submitted to the Superintendent.
(3) A high quality five-year plan, in addition to addressing other
school-identified needs, addresses plans for all of the following,
where applicable:
(A) Providing additional college preparatory courses or career
technical education courses, or both.
(B) Offering professional development to teachers.
(C) Establishing a support system for college preparatory and
career technical education course teachers at individual high schools
to ensure the implementation of engaging, quality curriculum and
instructional methods. The support system may include use of a mentor
teacher, time away from teaching duties for a mentor or lead teacher
to observe and consult with other teachers, and ongoing staff
development for teams of teachers.
(D) Establishing incentives to recruit and support highly trained
teachers.
(E) Providing career exploration activities, career guidance,
mentoring, and work-based learning opportunities to help pupils
consider their postsecondary education and career goals.
(F) Partnering with feeder middle schools to ensure that they
provide prealgebra and algebra classes to all interested grade 8
pupils, first-year foreign language courses to all interested grade 7
pupils, and career exploration activities
career exploration courses to all interested pupils, and
career technical education courses aligned with the curriculum
content standards for career technical education adopted by the state
board pursuant to Section 51226 to all interested pupils in
grades 7 and 8.
53104. (a) From funds made available for purposes of this part,
the Superintendent shall allocate a total of one hundred dollars
($100) per pupil, to each school selected for participation in the
program pursuant to Section 53103 for implementation of the five-year
plan of the school. However, it is the intent of the Legislature
that no more than twenty-five million dollars ($25,000,000) be
appropriated for purposes of these grants during a fiscal year.
(b) Funds awarded pursuant to this chapter shall be used by the
recipient school at its schoolsite to provide academic assistance and
services to pupils necessary to do any of the following:
(1) Prepare pupils for the rigors of college preparatory and
career technical education courses, including by providing relevant
professional development for teachers and additional instructional
time.
(2) Increase the access of pupils to college preparatory and
career technical education courses, including by offering greater
numbers of these courses, and the success of pupils in those courses.
To the extent feasible, new course offerings shall utilize
courses that integrate college preparatory content and career
technical education and learning strategies that include
the application of coursework to career settings in order to engage
and motivate pupils with relevant learning experiences.
(3) Inform pupils about the benefits of, and requirements for,
enrollment in college preparatory and career technical education
courses.
(c) Funds awarded pursuant to this part shall not be used as a
required local contribution for any other state-funded outreach,
academic achievement, or college preparation program.
(d) (1) The office of the Secretary for Education shall seek
private partners to match state funding. The College and Career
Opportunity Fund is hereby established in the State Treasury to
receive these funds. The Superintendent shall be responsible for the
administration of the fund and the distribution of the funds to
program participants consistent with the purposes of this program.
(2) It is the intent of the Legislature that schools and school
districts also will seek private partners to assist in the
implementation of school and district efforts pursuant to
participation in the program.
53105. A participating school that achieves the annual
improvement targets contained in its five-year plan shall publish, in
paper and online, an annual report on its best practices to aid
other grant recipient schools and inform the general public. This
report shall include the goals, implementation plan, strategies, and
results of the participation of the school in the program.
53106. (a) The governing board of the school district of a school
that fails to meet its annual growth targets, as defined in the
five-year plan of the school, within 12 months following receipt of
funding pursuant to this chapter shall invite public comment at a
regularly scheduled board meeting to inform members of the school
community of the lack of progress in terms of any of the following
that apply:
(1) The percentage of course offerings that are career technical
education courses and the percentage of course offerings that
are college preparatory courses.
(2) The percentage
of teachers with the appropriate credentials and subject matter
certification assigned to those courses described in paragraph (1).
(3) The percentage of pupils who entered the school in grade 9 and
later graduated having completed the college preparatory and career
technical course sequences with a C average or better.
(4) Any reasons for the lack of progress.
(b) The governing board of the school district shall, upon
consultation with an external evaluator and schoolsite and community
team, choose from a range of interventions for the school, including
reassignment of school personnel to the extent authorized by law, or
other changes deemed appropriate, in order to continue implementing
the action plan of the school and to make progress toward meeting the
improvement targets of the school established in its five-year plan.
53107. (a) The Superintendent shall contract for an independent
evaluation of the effectiveness of the program and report the
findings to the Governor and the Legislature on or before August 1,
2010.
(b) This report shall detail, by individual participating high
school, all of the following:
(1) The percentage of course offerings that are college
preparatory or career technical education courses.
(2) The percentage of course offerings that are career technical
education courses.
(2)
(3) The percentage of teachers who hold the proper
credentials and subject matter certifications for the college
preparatory or career technical education courses, or both, that they
teach.
(3)
(4) The percentage of pupils who entered the school in
grade 9 and graduated four years later having completed the college
preparatory and career technical course sequences with a C average or
better.
(4)
(5) The number of pupils who satisfied the requirements
for admission to the University of California and the California
State University.
(6) The number of pupils who successfully completed a sequence of
career technical education coursework.
(5)
(7) The number of pupils who entered the school in
grade 9 and later matriculated to a two- or four-year university or
college or apprenticeship program.
(6)
(8) The number of graduates who plan to pursue
immediately after high school each of the following:
(A) A four-year college degree without being employed at the same
time.
(B) A four-year college degree and employment.
(C) Community college without being employed at the same time.
(D) Community college and employment.
(E) Technical training resulting in a certificate or an
apprenticeship without additional employment at the same time.
(F) Technical training resulting in a certificate and employment.
(G) Employment.
(7)
(9) Reasons for progress, or lack thereof, as stated by
the principal of each participating high school or a member of the
governing board of the school district of a participating high
school.
(c) The Legislature shall use this report to determine the
advisability of extending the program or increasing funding for this
program to include new schools and continue funding for existing
pilot schools.
53108. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 8. Section 66204 of the Education Code is amended to read:
66204. (a) The Superintendent shall assist all school districts
to ensure that all public high school pupils have access to a core
curriculum that meets the admission requirements of the University of
California and the California State University. The Superintendent
shall advise school districts that maintain high schools about the
importance of making readily available to each high school pupil the
current list of courses offered by the school attended by that pupil
that are certified by the University of California as meeting
admission requirements. It is the intent of the Legislature that each
public high school shall provide the full college preparatory
program, provide adequate course sections in college preparatory
programs to accommodate all its pupils, and regularly counsel pupils
to enter those programs and courses. There shall be no policy or
practice in a public elementary or secondary school of directing,
especially for cultural or linguistic reasons, a pupil in
kindergarten or any of grades 1 to 12, inclusive, away from choosing
programs that prepare that pupil academically for college.
(b) To the extent that funds are appropriated for purposes of this
paragraph, the Superintendent shall annually present a report to the
state board describing the status of compliance with Section 51228
for all school districts that offer middle or high school instruction
in which any middle or high schools are ranked in deciles 1 to 3,
inclusive, of the 2003 base Academic Performance Index, as defined in
subdivision (b) of Section 17592.70.
(c) For a school district the Superintendent identifies as having
failed to ensure that all eligible high school pupils have access to
a core curriculum that meets the requirements for admission to the
California public institutions of postsecondary education and career
preparation needs, as defined in Section 51228, the Superintendent
shall prepare an annual report for the Legislature by July 1 of each
year that specifically defines and documents the areas of
noncompliance.
(d) The University of California is requested to assist each
school district that maintains a high school in order to ensure all
of the following:
(1) School districts understand the process by which courses are
submitted to the University of California to be reviewed and
certified as meeting the requirements for admission.
(2) School districts have an internal process for developing
courses and submitting courses for review and certification by the
University of California in order to meet admission requirement
criteria.
(3) School districts maintain accurate lists of courses that are
currently offered by the high schools and are certified by the
University of California as meeting admission requirement criteria.
(4) Updated lists described in paragraph (3) are readily made
available by the school districts to each high school pupil and a
copy of that list is annually provided to each high school pupil.
(e) It is the intent of the Legislature that the public and
independent institutions of higher education participate in programs
that assist those in elementary and secondary education in meeting
their responsibilities in preparing pupils for college.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.