Amended in Senate August 21, 2014

Amended in Senate August 19, 2014

Amended in Assembly May 23, 2014

Amended in Assembly May 1, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2380

Introduced by Assembly Member Weber

February 21, 2014

An act to amend Section 64001 of the Education Code, relating to school plans.

LEGISLATIVE COUNSEL’S DIGEST

AB 2380, as amended, Weber. School plans: consolidated application for categorical programs: single plan for pupil achievement.

Existing law requires a school district that elects to apply for certain state and federal categorical program funds to submit to the State Department of Education a single consolidated application, referencing a duly adopted single plan for pupil achievement, for approval by the State Board of Education. Related onsite school and district compliance visits and reviews are conducted by the department. Existing law requires a single plan for pupil achievement to be reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups to include proposed expenditure of funds allocated to the school through the consolidated application.

Existing law requires the Superintendent of Public Instruction to establish the process and frequency for conducting reviews of district achievement and compliance with state and federal categorical program requirements.

This bill would add to these provisions references to programs funded through the local control funding formula and to districtwide advisory committees on bilingual education. The bill would no longer authorize a specified action plan to satisfy the requirements of a single plan for pupil achievement. The bill would require school districts to develop local control and accountability plans and annual updates in consultation with schoolsite level advisory groups and ensure that the local control and accountability plan and its specific actions are consistent with, and reflective of, the goals and plans of schoolsites. The bill would require the department, if it makes materials or information available to school districts to assist them in the development of their single plan for pupil achievement, to ensure that all materials and information emphasize that the plan be consistent with and, to the extent possible, support the goals and outcomes specified in the school district’s local control and accountability plan. The bill would require, when a single plan for pupil achievement is being reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups to additionally include alignment with the school district’s local control and accountability plan and a minimization of the duplication of efforts.

The bill would also make conforming and other nonsubstantive changes.

begin insert

This bill would incorporate additional changes to Section 64001 of the Education Code proposed by AB 2384 that would become operative if this bill and AB 2384 are both enacted and this bill is enacted last.

end insert

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 64001 of the Education Code is amended
to read:

64001.  

(a) (1) Notwithstanding any other law, a school district
shall not be required to submit to the department, as part of the
consolidated application, a school plan for categorical programs
that are subject to this part. A school district shall ensure, in the
consolidated application, that the single plan for pupil achievement
established pursuant to subdivision (d) has been prepared in
accordance with law, that schoolsite councils have developed and
approved a plan, to be known as the single plan for pupil
achievement, for schools participating in programs funded through
the consolidated application process and through the local control
funding formula established pursuant to Section 42238.02, and
any other school program they choose to include, and that school
plans were developed with the review, certification, and advice of
applicable school advisory committees, including advisory
committees established pursuant to Section 52176. The single plan
for pupil achievement may also be referred to as the single plan
for student achievement. The consolidated application shall also
include certifications by appropriate school district advisory
committees, including advisory committees established pursuant
to Section 52176, that the application was developed with the
review and advice of those committees.

(2) If a consolidated application does not include the necessary
certifications or assurances, the department shall initiate an
investigation to determine whether the consolidated application
and single plan for pupil achievement were developed in
accordance with law and with the involvement of applicable
advisory committees, including advisory committees established
pursuant to Section 52176, and schoolsite councils.

(b) Onsite school and district compliance reviews of categorical
programs shall continue, and school plans shall be required and
reviewed as part of these onsite visits and compliance reviews.
The Superintendent shall establish the process and frequency for
conducting reviews of school district achievement and compliance
with state and federal categorical program requirements. In
addition, the Superintendent shall establish the content of these
instruments, including any criteria for differentiating these reviews
based on the achievement of pupils, as demonstrated by the
Academic Performance Index developed pursuant to Section 52052,
and evidence of school district compliance with state and federal
law. The state board shall review the content of these instruments
for consistency with state board policy. If the department makes
materials or information available to school districts to assist them
in the development of their single plan for pupil achievement, the
department shall ensure that all materials and information
emphasize that the plan be consistent with and, to the extent
possible, support the goals and outcomes specified in the school
district’s local control and accountability plan, required pursuant
to Section 52060.

(c) (1) A school district shall submit school plans whenever
the department requires the plans in order to effectively administer
any categorical program subject to this part. The department may
require submission of the school plan for any school that is the
specific subject of a complaint involving any categorical program
or service subject to this part.

(2) The department may require a school district to submit other
data or information as may be necessary for the department to
effectively administer any categorical program subject to this part.

(d) (1) Notwithstanding any other law, as a condition of
receiving funding for a categorical program pursuant to Section
64000, and instead of the information submission requirements
that were required by this section before January 1, 2002, a school
district shall ensure that each school in its jurisdiction that operates
categorical programs subject to this part consolidates the plans
that are required by those programs into a single plan. Schools
may consolidate any plans that are required by federal programs
subject to this part into this plan, unless otherwise prohibited by
federal law. That plan shall be known as the single plan for pupil
achievement or may be referred to as the single plan for student
achievement.

(2) To facilitate the alignment of required activities and avoid
the duplication of effort, as referenced in Sections 52063 and 52064
with respect to school plans, local control and accountability plans,
and federal law, a school district shall develop the local control
and accountability plan and annual updates in consultation with
schoolsite level advisory groups and ensure that the local control
and accountability plan and its specific actions are consistent with,
and reflective of, the goals and plans of schoolsites.

(e) Notwithstanding any other law, the content of a single plan
for pupil achievement shall be aligned with school goals for
improving pupil achievement. School goals shall be based upon
an analysis of verifiable state data, including the Academic
Performance Index developed pursuant to Section 52052 and the
English language development test developed pursuant to Section
60810, and may include any data voluntarily developed by school
districts to measure pupil achievement. The single plan for pupil
achievement shall, at a minimum, address how moneys provided
to the school through any of the sources identified in Section 64000
will be used to improve the academic performance of all pupils to
the level of the performance goals, as established by the Academic
Performance Index developed pursuant to Section 52052. The plan
shall also identify the schools’ means of evaluating progress toward
accomplishing those goals and how state and federal law governing
these programs will be implemented. The plan shall also align with
the school district’s goals for unduplicated pupils in the state and
local priority areas identified pursuant to Section 52060.

(f) (1) The plan required by this section shall be reviewed
annually and updated by the schoolsite council or, if the school
does not have a schoolsite council, by schoolwide advisory groups
or school support groups that conform to the requirements of
Section 52852, to include, but not be limited to, both of the
following:

(A) Proposed expenditures of funds allocated to the school
through the consolidated application.

(B) Alignment with the school district’s local control and
accountability plan and a minimization of the duplication of efforts.

(2) The plan shall be approved by the governing board of the
school district at a regularly scheduled meeting whenever there
are material changes that affect the academic programs for pupils
covered by programs identified in Section 64000.

(g) The school plan and subsequent revisions shall be reviewed
and approved by the governing board of the school district. The
governing board of the school district shall certify that, to the extent
allowable under federal law, plans developed for purposes of this
section are consistent with district local improvement plans that
are required as a condition of receiving federal funding.

(h) This section does not prevent a school district, at its
discretion, from conducting an independent review pursuant to
subdivision (c) of this section as it read on January 1, 2001.

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 64001 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

64001.  

(a)  begin insert (1) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law,
begin insert a end insert school begin delete districts end delete begin insert district end insert shall not be required to submit to the
department, as part of the consolidated application, begin insert a end insert school begin delete plans end delete
begin insert plan end insert for categorical programs begin insert that are end insert subject to this part. begin delete School
districts shall assure, end delete begin insert A school district shall ensure, end insert in the
consolidated application, that the begin delete Single Plan for Pupil
Achievement end delete begin insert single plan for pupil achievement end insert established
pursuant to subdivision (d) has been prepared in accordance with
law, that schoolsite councils have developed and approved a plan,
to be known as the begin delete Single Plan for Pupil Achievement end delete begin insert single plan
for pupil achievement, end insert for schools participating in programs funded
through the consolidated application begin delete process, end delete begin insert process end insert and begin insert through
the local control funding formula established pursuant to Section
42238.02, and end insert any other school program they choose to include,
and that school plans were developed with the review, certification,
and advice of begin delete any end delete applicable school advisory begin delete committees. The
Single Plan for Pupil Achievement end delete begin insert committees, including advisory
committees established pursuant to Section 52176. The single plan
for pupil achievement end insert may also be referred to as the begin delete Single Plan
for Student Achievement. end delete begin insert single plan for student achievement. end insert
The consolidated application shall also include certifications by
appropriate begin insert school end insert district advisory begin delete committees end delete begin insert committees,
including advisory committees established pursuant to Section
52176, end insert that the application was developed with begin insert the end insert review and
advice of those committees.

begin delete

For any

end delete

begin insert (2) end insert begin insert   end insert begin insert If a end insert consolidated application begin delete that end delete does not include the
necessary certifications or assurances, the department shall initiate
an investigation to determine whether the consolidated application
and begin delete Single Plan for Pupil Achievement end delete begin insert single plan for pupil
achievement end insert were developed in accordance with law and with the
involvement of applicable advisory begin delete committees end delete begin insert committees,
including advisory committees established pursuant to Section
52176, end insert and schoolsite councils.

(b) Onsite school and district compliance reviews of categorical
programs shall continue, and school plans shall be required and
reviewed as part of these onsite visits and compliance reviews.
The Superintendent shall establish the process and frequency for
conducting reviews of begin insert school end insert district achievement and compliance
with state and federal categorical program requirements. In
addition, the Superintendent begin delete of Public Instruction end delete shall establish
the content of these instruments, including any criteria for
differentiating these reviews based on the achievement of pupils,
as demonstrated by the Academic Performance Index developed
pursuant to Section 52052, and evidence of begin insert school end insert district
compliance with state and federal law. The state board shall review
the content of these instruments for consistency with state board
policy. begin insert If the department makes materials or information available
to school districts to assist them in the development of their single
plan for pupil achievement, the department shall ensure that all
materials and information emphasize that the plan be consistent
with and, to the extent possible, support the goals and outcomes
specified in the school district’s local control and accountability
plan, required pursuant to Section 52060. end insert

(c)  begin insert (1) end insert begin insert   end insert A school district shall submit school plans whenever
the department requires the plans in order to effectively administer
any categorical program subject to this part. The department may
require submission of the school plan for any school that is the
specific subject of a complaint involving any categorical program
or service subject to this part.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert department may require a school district to submit other
data or information as may be necessary for the department to
effectively administer any categorical program subject to this part.

(d)  begin insert (1) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, as a
condition of receiving begin delete state end delete funding for a categorical program
pursuant to Section 64000, and begin delete in lieu end delete begin insert instead end insert of the information
submission requirements that were begin delete previously end delete required by this
section begin delete prior to the amendments that added this subdivision and
subdivisions (e) to (i), inclusive, school districts end delete begin insert before January
1, 2002, a school district end insert shall ensure that each school in begin delete a district end delete
begin insert its jurisdiction end insert that operates begin delete any end delete categorical programs subject to
this part consolidates begin delete any end delete begin insert the end insert plans that are required by those
programs into a single plan. Schools may consolidate any plans
that are required by federal programs subject to this part into this
plan, unless otherwise prohibited by federal law. That plan shall
be known as the begin delete Single Plan for Pupil Achievement end delete begin insert single plan
for pupil achievement end insert or may be referred to as the begin delete Single Plan for
Student Achievement. end delete begin insert single plan for student achievement. end insert

begin delete

(e) Plans developed pursuant to subdivision (d) of Section
52054, and Section 6314 and following of Title 20 of the United
States Code, shall satisfy this requirement.

end delete begin insert

(2) To facilitate the alignment of required activities and avoid
the duplication of effort, as referenced in Sections 52063 and 52064
with respect to school plans, local control and accountability plans,
and federal law, a school district shall develop the local control
and accountability plan and annual updates in consultation with
schoolsite level advisory groups and shall ensure that the local
control and accountability plan and its specific actions are
consistent with, and reflective of, the goals and plans of schoolsites.

end insert begin delete

(f)

end delete

begin insert (e) end insert  Notwithstanding any other begin delete provision of end delete law, the content of
a begin delete Single Plan for Pupil Achievement end delete begin insert single plan for pupil
achievement end insert shall be aligned with school goals for improving pupil
achievement. School goals shall be based upon an analysis of
verifiable state data, including the Academic Performance Index
developed pursuant to Section 52052 and the English begin delete Language
Development end delete begin insert language development end insert test developed pursuant to
Section 60810, and may include any data voluntarily developed
by begin insert school end insert districts to measure pupil achievement. The begin delete Single Plan
for Pupil Achievement end delete begin insert single plan for pupil achievement end insert shall, at
a minimum, address how begin delete funds end delete begin insert moneys end insert provided to the school
through any of the sources identified in Section 64000 will be used
to improve the academic performance of all pupils to the level of
the performance goals, as established by the Academic Performance
Index developed pursuant to Section 52052. The plan shall also
identify the schools’ means of evaluating progress toward
accomplishing those goals and how state and federal law governing
these programs will be implemented. begin insert The plan shall also align
with the school district’s goals for unduplicated pupils in the state
and local priority areas identified pursuant to Section 52060. end insert

begin delete

(g)

end delete

begin insert (f) end insert   begin insert (1) end insert begin insert   end insert The plan required by this section shall be reviewed
annually and begin delete updated, including proposed expenditure of funds
allocated to the school through the consolidated application, end delete
begin insert updated end insert by the schoolsite begin delete council, end delete begin insert council end insert or, if the school does
not have a schoolsite council, by schoolwide advisory groups or
school support groups that conform to the requirements of Section
begin delete 52852. The plans shall be reviewed and approved by the governing
board of the local education agency at a regularly scheduled
meeting whenever there are material changes that affect the
academic programs for students covered by programs identified
in Section 64000. end delete begin insert 52781 or 52852, to include, but not be limited
to, both of the following: end insert

begin insert

(A) Proposed expenditures of funds allocated to the school
through the consolidated application.

end insert begin insert

(B) Alignment with the school district’s local control and
accountability plan and a minimization of the duplication of efforts.

end insert begin insert

(2) The plan shall be approved by the governing board of the
school district at a regularly scheduled meeting whenever there
are material changes that affect the academic programs for pupils
covered by programs identified in Section 64000.

end insert begin delete

(h)

end delete

begin insert (g) end insert  The school plan and subsequent revisions shall be reviewed
and approved by the governing board of the school district. begin delete School
district governing boards end delete begin insert The governing board of the school district end insert
shall certify that, to the extent allowable under federal law, plans
developed for purposes of this section are consistent with district
local improvement plans that are required as a condition of
receiving federal funding.

begin delete

(i) Nothing in this act may be construed to

end delete

begin insert ( end insert begin insert h) end insert begin insert   end insert begin insert This section does not end insert prevent a school district, at its
discretion, from conducting an independent review pursuant to
subdivision (c) of begin delete Section 64001 as that section end delete begin insert this section as it end insert
read on January 1, 2001.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 64001 of the Education Code proposed by both this bill
and Assembly Bill 2384. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 64001 of the Education Code,
and (3) this bill is enacted after Assembly Bill 2384, in which case
Section 1 of this bill shall not become operative.

end insert