BILL NUMBER: SB 331 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Romero
( Coauthors: Senators
Alquist, Hancock, and Liu )
FEBRUARY 25, 2009
An act to amend Sections 54440, 54441.5, 54442, 54443.1, 54444.1,
and 54444.2 of, and to add Sections 54442.1, 54442.2, and 54444.15
to, the Education Code, relating to migrant education.
LEGISLATIVE COUNSEL'S DIGEST
SB 331, as amended, Romero. Migrant education.
(1) Existing law requires the State Board of Education to adopt a
state master plan for services to migrant children, as defined, that
includes the provision of specified services and activities.
This bill would require the plan to be developed and revised as
necessary by the Superintendent of Public Instruction and the
statewide parent advisory council, and would require the plan to
include an evaluation and monitoring component, and collection of
data for migrant pupils, as specified.
(2) The
The bill would require the Superintendent to develop a
monitoring instrument and monitoring procedure that provide
provides for onsite monitoring of entities
receiving funds for the provision of services to migrant children.
(3) The
The bill would also require the
Superintendent to develop a process to ensure that all migrant youth
enrolled in juvenile court schools and other alternative education
placements are properly identified and receive all the services to
which they are entitled.
(4)
(2) Existing law requires a migrant education program
to include specified components.
This bill would also require the program to include collection of
specified individual and aggregate data for migrant pupils.
(5)
(3) Existing law requires the Superintendent to review
and approve plans for the establishment of service regions and to
incorporate specified criteria in the approval of regional plans.
This bill would require the Superintendent to include evaluations
that include annual pupil progress and overall program effectiveness
and quality control reports among that those
criteria.
(6) The
The bill would require entities that receive funds for
the provision of services to migrant children to include an
evaluation of the overall program effectiveness for the prior year as
part of its refunding application, as specified.
(4) Existing law requires each operating agency receiving migrant
education funds or services to establish a parent advisory council to
actively solicit parent involvement in the planning, operation, and
evaluation of its programs.
This bill would require interpretation to be provided at each
parent advisory council meeting by a person trained in interpreting
and who is fully fluent in English and in the language understandable
to the parents.
(7)
(5) Existing law requires the Superintendent and each
operating agency, as defined, to furnish specified documents,
including copies of state and federal audits, monitoring reports, and
evaluations, to specified entities.
This bill would require those documents to be provided in a
language understandable to parents, and to provide each regional and
state migrant education plan to be provided to parents in that
language prior to its consideration for final approval.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54440 of the Education Code is amended to read:
54440. The Legislature finds and declares that:
(a) A significant number of children under the age of 18 of
migratory agricultural workers and migratory fishermen reside in
California for at least a part of each year. These children, from
among the least affluent segments of American society, tend to move
frequently, attend school irregularly, and suffer health problems and
language barriers. This results in many becoming early school
dropouts, poorly prepared to enter the workforce or for academic
success and upward social mobility.
(b) The problems of children of migratory agricultural parents and
of migratory fisherman parents are of such magnitude and severity
that local school districts have been unable to solve them with the
resources normally available. It is, therefore, necessary for the
state to aid local school districts through regional coordinating
offices, and the provision of special programs of educational and
related services for these children.
SEC. 2. Section 54441.5 of the Education Code is amended to read:
54441.5. With the concurrence of the child's parent, a child who
has been identified as a "migrant child" may be deemed a migrant
child for a period, not in excess of five years, during which the
child resides in an area where programs are provided for migrant
children. Priority shall be given to programs and activities for
migrant children, and in no case shall migrant programs be provided
solely for children who have ceased to migrate.
SEC. 3. Section 54442 of the Education Code is amended to read:
54442. The state board shall adopt a state master plan for
services to migrant children. The plan shall be developed and revised
as necessary by the Superintendent and the statewide parent advisory
council established pursuant to Section 54444.2. The plan shall
include all of the following:
(a) Instructional activities on a regular and extended year basis
shall be designed to identify, diagnose, and provide treatment for
academic deficiencies of migrant children. Special emphasis shall be
given to oral and written communications, reading, and mathematics.
Small group or individual instruction and tutorial services shall be
provided to assist migrant children to attain normal progress rates
in all subject areas. All instructional services shall be provided as
supplements to regular programs of instruction provided by the
public schools for all children.
(b) Health and welfare services shall be designed to identify,
diagnose, and provide treatment for conditions of a physical nature,
including dental, emotional, or environmental, that interfere with
the learning processes of migrant children. Insofar as possible,
existing community resources will be utilized to provide these
services.
(c) Preservice and in-service education of professional and
nonprofessional personnel shall be planned to prepare school
administrators, teachers, aides, and other personnel to meet the
special needs of migrant children.
(d) Supportive services including transportation, family liaison,
and other services necessary to the success of the programs.
(e) Child development activities including, but not limited to,
social, sensorimotor, conceptual and language development, and
perceptual discrimination activities for migrant infants and
prekindergarten children too young to participate in instructional
services normally provided by the public schools.
(f) The active involvement of parents, teachers, and community
representatives in the local implementation of migrant education
programs.
(g) An evaluation and monitoring component that provides for
oversight and evaluation of the operating agencies, school districts,
and schools on an annual basis, by the department.
(h) Collection of individual and aggregate data for migrant pupils
regarding identification, preschool participation, enrollment in
kindergarten and grades 1 to 12, inclusive, achievement, completion
of courses that fulfill the A-G subject area requirements,
suspension, expulsion, transfer, dropout, failure to enroll or
reenroll, graduation, retention, enrollment, designation and
redesignation of English learners, postsecondary enrollment, and
enrollment in alternative education programs.
(i) Individual and aggregate enrollment data shall also include
separate data concerning the number of migrant pupils enrolled in
alternative education programs including, but not limited to,
juvenile court schools, county community schools, community day
schools, continuation high schools, and independent studies.
SEC. 4. Section 54442.1 is added to the Education Code, to read:
54442.1. The Superintendent shall develop a monitoring instrument
and monitoring procedure that provides for onsite monitoring of each
local educational agency, county office of education, and region
receiving funds for the provision of services to migrant children at
least every three years, and that addresses each component identified
in Section 54444.15 and all federal requirements set forth under
Section 6391 of Title 20 of the United States Code and its
corresponding regulatory provisions.
SEC. 5. Section 54442.2 is added to the Education Code, to read:
54442.2. The Superintendent shall develop a process to ensure
that all migrant youth enrolled in juvenile court schools and other
alternative education placements under the state department are
properly identified and receive all the services to which they are
entitled. The department shall work with regions, local educational
agencies, and county offices of education to develop policies and
procedures to ensure that at the time of transfer and enrollment in
these schools, migrant youth who are not already identified are
properly assessed to determine if they are eligible for migrant
services and programs.
SEC. 6. Section 54443.1 of the Education Code is amended to read:
54443.1. Migrant education programs shall include all of the
following:
(a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education, bilingual-crosscultural
education, school improvement programs, and other programs serving
the pupil.
(b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to be
served.
(c) A comprehensive program to meet the educational, health, and
related needs of participating pupils which is supplemental to the
program the operating agency is otherwise required to provide. The
program shall include, but need not be limited to, the following:
(1) Academic instruction.
(2) Remedial and compensatory instruction.
(3) Bilingual and crosscultural instruction.
(4) Vocational instruction.
(5) Counseling and career education services.
(6) Preschool services in accordance with Section 54443.
(7) Other educational services that are not available in
sufficient quantity or quality to eligible migratory children.
(8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.
(9) Other related services to meet the special needs of eligible
migratory children which are necessary to enable these children to
effectively participate in instructional services.
(10) The coordination and teaming of existing resources serving
migrant pupils, such as bilingual-crosscultural education, health
screening, and compensatory education.
(d) A brief individual learning plan listing the services to be
provided to each pupil shall be provided in writing or at a parent
conference to the parent or guardian of each participating pupil,
annually and each time the pupil moves to a new district.
(e) Staffing and staff development plans and practices to meet the
needs of pupils and implement the program.
(f) Parent and community involvement as specified in Section
54444.2.
(g) Evaluations which shall include annual pupil progress and
overall program effectiveness and quality control reports in
accordance with Section 54444.15.
(h) Collection of individual and aggregate data for migrant pupils
regarding identification, preschool participation, enrollment in
kindergarten and grades 1 to 12, inclusive, achievement, completion
of courses that fulfill the A-G subject area requirements,
suspension, expulsion, transfer, dropout, failure to enroll or
reenroll, graduation, retention, enrollment, designation and
redesignation of English learners, postsecondary enrollment, and
enrollment in alternative education programs.
School districts and other education agencies shall be eligible to
apply for funding to serve migrant pupils upon application to their
respective region, or, if they meet the criteria established in
subdivision (b) of Section 54444.1, to the department. Operating
agencies shall include in their application a description of how the
entities will coordinate the planning, budgeting, and operation of
the migrant education programs with the planning, budgeting, and
operation of other federal and state education programs addressing
the needs of the same or similar pupils of the operating agency. The
description shall include time lines and cover services provided
through school improvement, nonmigrant Title I, state compensatory
and limited- and non-English proficient, Title VII, and other funds.
If the application meets state and federal requirements, negotiations
for an appropriate service agreement shall begin involving the
parties listed in subdivision (a) or (b) of Section 54444.1.
SEC. 7. Section 54444.1 of the Education Code is amended to read:
54444.1. (a) In implementing the state master plan for services
to migrant children, the Superintendent shall establish the service
regional system as the primary method for the delivery of services to
migrant children. The Superintendent shall review and approve plans
for the establishment of service regions and shall incorporate the
following criteria in the approval of regional plans:
(1) The boundaries of regions shall include all geographic areas
with migrant and seasonal agricultural workers and fishermen.
(2) Regional service centers shall be located in areas with high
concentrations of migrant and seasonal agricultural workers and
fishermen. Regional headquarters shall be located in areas:
(i) located: (A) in areas requiring large
numbers of these workers for a period of at least two consecutive
months during each year, (ii) (B) in
areas which normally contract for migrant and seasonal agricultural
workers with families rather than single adults, and (iii)
(C) in areas where migrant and seasonal
agricultural workers are involved in the transition from hand labor
to mechanization.
(3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.
(4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should have
no less than 1,500 and no more than 8,000 currently migratory
children based upon full-time equivalent enrollment. In no event
shall a county be split among two separate regions in order to meet
the requirements of this paragraph.
(5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.
(6) The boundaries of regions shall be drawn in such a manner as
to avoid excessive commuting by personnel or by participants in the
programs, not to exceed 100 miles from the schoolsite to the
operating agency.
(7) If a proposed region cannot meet the criteria established in
paragraph (4) or (6), it may request that the criteria be waived by
the state board. The waiver request shall be based upon a study,
conducted by the entities, including their respective parent advisory
councils, comprising the proposed region, that explains why the
waiver is required and that describes likely outcomes if the waiver
is not granted.
(8) Evaluations that include annual pupil progress and overall
program effectiveness and quality control reports in accordance with
Section 54444.15.
(b) An agency meeting the criteria set forth in this subdivision
and subdivision (f) of Section 54441 may apply to the department for
designation as a region. The application shall be in a format with
sufficient information and at times designated by the Superintendent.
The application shall include documentation of active participation,
review and comment by the appropriate parent advisory councils, and
signatures by parent advisory council chairpersons that the review
and comment has taken place, and shall further include documentation
that the agencies and parent representative comprising the proposed
region have met as a group prior to submission of the application and
have agreed upon the formation of, and participation in, the region
and a general delineation of the services which will be provided in
the region.
Directly funded districts shall be invited by the regions to
participate in regional activities and meetings. Staff and parent
advisory council members in the districts shall also be invited to
regional inservice activities and conferences.
(c) The state department may directly fund
local educational agencies, in whole or in part, to provide services
to eligible migrant children if it is cost effective to do so; if the
applicant agency serves not less than 1,500, nor more than 8,000,
currently migratory children; has sufficient programmatic and fiscal
resources to deliver an effective migrant education program; is in
compliance with the federal and state requirements regarding migrant
education programs; maintains an ongoing and functional parent
advisory council which has voted on a biennial basis to approve the
participation in the directly funded program, including the approval
of a majority of the members who are the parents of migrant children;
and maintains fiscal procedures in conformity with the requirements
adopted by the department. All districts which are directly funded on
January 1, 1982, may continue to be funded directly, provided that
the districts comply with the criteria prescribed by this
subdivision, except for the size criterion.
(d) The responsibilities of the various parties involved in the
delivery of services to migrant children shall be set forth in a
service agreement. A service agreement shall be a legally binding
contract signed by the duly constituted authorities at the state,
county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall be
two parties to every service agreement; the region and the district
or other operating agencies in which the eligible migrant pupils are
enrolled. When a district or agency is funded directly by the state,
the parties to the service agreement shall include the department and
the district or operating agency in which the eligible migrant
pupils are enrolled. The basic responsibilities of these three
parties shall be as specified in Section 54444.4.
The parties, whether regional or directly funded, shall take the
necessary steps to ensure the effective involvement of the migrant
parent advisory committee for that district or agency.
Representatives of the migrant parent advisory committee shall have
the right to be present and participate in all deliberations between
the parties regarding the service agreement or any subsequent changes
thereto. The service agreement shall include a signed statement from
the officers of the migrant parent advisory committee signifying
that the participation has occurred.
(e) The Superintendent shall develop an annual operating calendar
for regions and directly funded districts, including dates for the
submission and approval of applications and service agreements. Any
changes in regional boundaries for the subsequent fiscal year shall
be made and approved by December 31 of the current year. Any changes
in funding allocations for regions shall be made by December 31 of
the current year or immediately after notification of a federal grant
award.
(f) The Superintendent shall preserve the supplemental nature of
the migrant education program. The program shall be maintained
outside the supervision or above the administrative level of the
consolidated application programs. The Superintendent shall not
incorporate the migrant education program into the consolidated
application process, except as provided below:
(1) Commencing with the 1983-84 school year, directly funded
districts may apply for migrant education funds as part of their
consolidated application provided the district parent advisory
council on migrant education approves the inclusion.
(2) Commencing with school year 1982-83
the 1982-83 school year and pending the recommendations of the
department study and task force report, a copy of the district's
annual application for migrant education funds as required by Section
54443.1 shall be attached to the district's annual consolidated
application.
SEC. 8. Section 54444.15 is added to the Education Code , to
immediately follow Section 54444.1 , to read:
54444.15. A local educational agency, county office of education,
and region receiving funds for the provision of services to migrant
children, as a part of its refunding application, shall include an
evaluation of the overall program effectiveness for the prior year
that includes all of the following:
(a) Deficiencies in academic achievement of migrant children as
compared to nonmigrant children.
(b) Identification of, and provision of services to, migrant
children in the geographic area served by the district, agency, or
region, including out-of-school migrant youth and children and youth
enrolled in alternative and court-supervised school placements.
(c) Enrollment in preschool and kindergarten.
(d) Access to and enrollment in and completion of courses that
fulfill the A-G subject area requirements.
(e) Dropout prevention and intervention.
(f) Retention.
(g) Vocational education opportunities.
(h) Graduation, including completion of the high school exit
examination.
(i) Postsecondary enrollment.
(j) Health services.
(k) Intercession programs.
(l) Other supplemental services.
(m) Staff experience and quality.
(n) Data collection and evaluation.
(o) Records transfer.
(p) Parental involvement, including establishment of and
participation in the migrant parent advisory committee,
conduct of regular meetings, participation in the development and
approval of the local migrant education plan, participation in
statewide parent advisory committee activities, and parent training.
SEC. 9. Section 54444.2 of the Education Code is amended to read:
54444.2. (a) The Superintendent of Public Instruction shall take
the steps necessary to ensure effective parental involvement
throughout the state migrant education program, which shall include,
but need not be limited to, the following:
(1) The Superintendent shall adopt rules and regulations requiring
each operating agency receiving migrant education funds or services
to actively solicit parental involvement in the planning, operation,
and evaluation of its programs through the establishment of, and
consultation with, a parent advisory council.
The membership of each parent advisory council shall be comprised
of members who are knowledgeable of the needs of migrant children and
shall be elected by the parents of migrant children enrolled in the
operating agency's programs. The composition of the council shall be
determined by the parents at a general meeting to which all parents
of pupils enrolled in the migrant program shall be invited. Parents
shall be informed, in a language they understand, that the parents
have the sole authority to decide on the composition of the council.
All parent candidates for the council shall be nominated by parents;
nonparent candidates shall be nominated by the groups they represent:
teachers by teachers, administrators by administrators, other school
personnel by other school personnel, and pupils by pupils. All other
community candidates shall be nominated by the parents. Each parent
advisory council shall hold meetings on a regular basis during the
operation of the regular program, but not less than six times during
the year.
At least two-thirds of the members of each parent advisory council
shall be the parents of migrant children. Each parent advisory
council shall have the responsibilities listed in subdivision (a) of
Section 54444.4.
(2) The Superintendent shall establish a statewide parent advisory
council which shall participate in the planning, operation, and
evaluation of the state migrant education program. The membership of
the statewide parent advisory council shall be comprised of members
who are knowledgeable of the needs of migrant children and shall be
nominated and elected by the parents of migrant children enrolled in
the operating agencies. At least two-thirds of the members of the
state parent advisory council shall be the parents of migrant
children. The state council shall meet a minimum of six times a
calendar year to provide input on issues relating to the operation of
the program. Special meetings may be called at the discretion of the
state director.
The Superintendent shall also sponsor an annual state parent
advisory council conference. The conference shall be scheduled during
the spring of every year. Within 120 days from the conclusion of the
conference, the state parent advisory council shall prepare and
submit a report to the Legislature, State Board of Education, the
Superintendent, and the Governor regarding the status of the migrant
education program.
(3) The Superintendent and each operating agency shall furnish,
without charge, to the statewide and operating agency parent advisory
councils and, upon request, to each member, a copy of all applicable
state and federal migrant education statutes, rules and regulations,
and guidelines. In addition, the Superintendent and each operating
agency shall furnish, without charge, to the statewide and operating
agency parent advisory councils and, upon request, to each member,
copies of all applicable state and federal audits, monitoring
reports, and evaluations. Upon request and when practicable, these
documents shall be provided in a language understandable to parents,
and each regional and state migrant education plan shall be provided
to parents in that language prior to its consideration for final
approval.
(4) The Superintendent and each operating agency shall establish
and implement training programs for members of the statewide and
operating agency parent advisory councils to enable them to carry out
their responsibilities. Each training program shall be developed in
consultation with the parent advisory councils and shall include
appropriate training materials in a language understandable to each
member. Costs incurred in providing training under this paragraph,
including federally authorized expenses associated with the
attendance of members at training sessions, shall be funded, to the
extent that funds are available, by federal funds allocated to the
state, based upon the educational and related health needs of
migratory children defined in subdivisions (a) and (b) of Section
54441, and may be supported by funds from the state migrant education
program.
(5) Interpretation shall be provided at each parent advisory
council meeting by an individual who has received training in
interpreting and who is fully fluent in English and in the language
understandable to the parents.
(b) Each operating agency which provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs.