Amended in Senate March 25, 2014

Senate Bill No. 1394

Introduced by Senator Wyland

February 21, 2014

An act to amend Section 42238.07 of the Education Code, relating to education finance, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 1394, as amended, Wyland. Education finance: local control funding formula: implementing regulations.

(1) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the State Board of Education to adopt regulations that govern the expenditure of funds apportioned on the basis of the number and concentration of unduplicated pupils, as specified.

This bill would require the state board, on or before January 31, 2015, to amend those regulations to require an expenditure made pursuant to the local control funding formula for the primary benefit of unduplicated pupils to be expended on programs or services that are evidence based and have been shown to be effective in increasing the academic performance of those pupils begin delete and end delete begin insert , end insert to require the State Department of Education to suspend funding received pursuant to the local control funding formula begin delete to a county office of education, a school district, or a charter school end delete if the department makes a specified begin delete finding. end delete begin insert finding, and to prohibit a school district, county office of education, or charter school from receiving funding if the school district, county office of education, or charter school does not submit a local control and accountability plan that includes evidence-based programs that have been proven to be effective. end insert The bill would state a related intent of the Legislature.

(2) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 42238.07 of the Education Code is
amended to read:

42238.07.  

(a) On or before January 31, 2014, the state board
shall adopt regulations that govern the expenditure of funds
apportioned on the basis of the number and concentration of
unduplicated pupils pursuant to Sections 2574, 2575, 42238.02,
and 42238.03. The regulations shall include, but are not limited
to, provisions that do all of the following:

(1) Require a school district, county office of education, or
charter school to increase or improve services for unduplicated
pupils in proportion to the increase in funds apportioned on the
basis of the number and concentration of unduplicated pupils in
the school district, county office of education, or charter school.

(2) Authorize a school district, county office of education, or
charter school to use funds apportioned on the basis of the number
of unduplicated pupils for schoolwide purposes, or, for school
districts, districtwide purposes, for county offices of education,
countywide purposes, or for charter schools, charterwide purposes,
in a manner that is no more restrictive than the restrictions provided
for in Title I of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).

(b) The state board may adopt emergency regulations for
purposes of this section.

(c) On or before January 31, 2015, the state board shall amend
the regulations adopted pursuant to subdivision (a) to include
provisions that do begin delete both end delete begin insert all end insert of the following:

(1) Require an expenditure made pursuant to the local control
funding formula for the primary benefit of pupils to whom one or
more of the definitions in Section 42238.01 applies to be expended
on programs or services that are evidence based and have been
shown to be effective in increasing the academic performance of
those pupils.

(2) Require the department to suspend funding received pursuant
to the local control funding formula if the department makes a
finding begin delete of any of the following: end delete begin insert that a local control and
accountability plan, adopted pursuant to Article 4.5 (commencing
with Section 52060) of Chapter 6.1 of Part 28 of Division 4, is not
significantly improving pupil reading and comprehension skills
and English learner performance. end insert

begin insert

(3) Prohibit a school district, county office of education, or
charter school from receiving funding pursuant to the local control
funding formula if the school district, county office of education,
or charter school does not submit a local control and
accountability plan, adopted pursuant to Article 4.5 (commencing
with Section 52060) of Chapter 6.1 of Part 28 of Division 4, that
includes evidence-based programs that have been proven to be
effective.

end insert begin delete

(A) The program or service is not meeting the targeted goals
outlined by the local control funding formula.

end delete begin delete

(B) The local control and accountability plan, adopted pursuant
to Article 4.5 (commencing with Section 52060) of Chapter 6.1
of Part 28 of Division 4, is not being adhered to by a county board
of education, a governing board of a school district, or a governing
body of a charter school.

end delete begin delete

(C) The county office of education is not properly holding the
governing board of a school district, the governing body of a
charter school, and schools accountable for program performance.

end delete

SEC. 2.  

It is the intent of the Legislature that any expenditures
made pursuant to the local control funding formula in the Budget
Act of 2013 for the primary benefit of pupils to whom one or more
of the definitions in Section 42238.01 of the Education Code apply
shall be expended on programs or services that are evidence based
and have been shown to be effective in increasing the academic
performance of those pupils.

SEC. 3.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to include sufficient accountability measures in the local
control funding formula and the regulations adopted by the State
Board of Education in January 2014 to implement the local control
funding formula, it is necessary that this bill go into immediate
effect.