Bill Text: CA AB2380 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School plans: consolidated application for categorical programs: single plan for pupil achievement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB2380 Detail]

Download: California-2013-AB2380-Amended.html

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BILL NUMBER: AB 2380	AMENDED
	BILL TEXT

	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

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. 
   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. 
   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.
   SEC. 1.5.    Section 64001 of the  
Education Code   is amended to read: 
   64001.  (a)  (1)    Notwithstanding any other
 provision of  law,  a  school 
districts   district  shall not be required to
submit to the department, as part of the consolidated application,
 a school  plans   plan  for
categorical programs  that are  subject to this part.
 School districts shall assure,   A school
district shall ensure, in the consolidated application, that the
 Single Plan for Pupil Achievement   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   single plan
for pupil achievement,  for schools participating in programs
funded through the consolidated application  process,
  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
 any applicable school advisory  committees.
The Single Plan for Pupil Achievement   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.  
single plan for student achievement.  The consolidated
application shall also include certifications by appropriate 
school  district advisory  committees  
committees, including advisory committees established pursuant to
Section 52176,  that the application was developed with  the
 review and advice of those committees. 
   For any 
    (2)     If a  consolidated application
 that  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   single plan
for pupil   achievement  were developed in accordance
with law and with the involvement of applicable advisory 
committees   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  of Public Instruction
 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. 
   The 
    (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 
provision of  law, as a condition of receiving 
state  funding for a categorical program pursuant to Section
64000, and  in lieu   instead  of the
information submission requirements that were  previously
 required by this section  prior to the amendments
that added this subdivision and subdivisions (e) to (i), inclusive,
school districts   before January 1, 2002, a school
district  shall ensure that each school in  a district
  its jurisdiction  that operates  any
 categorical programs subject to this part consolidates
 any   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 
 single plan for pupil achievement  or may be referred to as
the  Single Plan for Student Achievement.  
single plan for student achievement.  
   (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.  
   (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.  
   (f) 
    (e)  Notwithstanding any other  provision of
 law, the content of a  Single Plan for Pupil
Achievement   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 
 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   single plan for pupil 
 achievement  shall, at a minimum, address how 
funds   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.  
   (g) 
    (f)   (1)    The plan required by this
section shall be reviewed annually and  updated, including
proposed expenditure of funds allocated to the school through the
consolidated application,   updated  by the
schoolsite  council,   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. 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.   52781 or 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.  
   (h) 
    (g)  The school plan and subsequent revisions shall be
reviewed and approved by the governing board of the school district.
 School district governing boards   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.

   (i) Nothing in this act may be construed to 
    (   h)     This section does not
 prevent a school district, at its discretion, from conducting
an independent review pursuant to subdivision (c) of  Section
64001 as that section   this section as it  read
on January 1, 2001.
   SEC. 2.    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.