Bill Text: CA SB321 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Literacy: libraries: Local Public Library Partnership Program.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 598, Statutes of 2023. [SB321 Detail]

Download: California-2023-SB321-Amended.html

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Amended  IN  Senate  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 321

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Introduced by Senator Ashby
(Coauthor: Senator Atkins)
(Coauthor: Assembly Member Bonta)

February 06, 2023

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An act to add Chapter 3.5 (commencing with Section 18575) to Part 11 of Division 1 of Title 1 of the Education Code, relating to literacy.

LEGISLATIVE COUNSEL'S DIGEST

SB 321, as amended, Ashby. Literacy: libraries: third grade reading proficiency. pupils: access and participation.

Existing law declares that it is in the interest of the people and of the state that there be a general diffusion of knowledge and intelligence through the establishment and operation of public libraries. Existing law authorizes the governing board of a school district or a community college district to contract for the provision of school library services by the county library, as provided. Existing law finds and declares that strong leadership is needed at the local level to improve reading instruction in kindergarten and grades 1 to 3, inclusive, of the public schools.

This bill would make various findings and declarations regarding literacy and would state the intent of the Legislature to enact subsequent legislation that would require school districts to partner with local libraries for purposes of providing library cards to all pupils in the 3rd grade.

This bill would require, on or before January 1, 2026, a local educational agency, as defined, and a local public library, as defined, to enter into a memorandum of understanding or a memorandum of agreement with the purpose of increasing participation and access to the local public library for pupils in the 3rd grade, as provided. The bill would require the memorandum to contain specified provisions, including that the local public library, in working with a school administrator, give a presentation to all pupils in the 3rd grade that provides specified information, including, among other things, how to obtain a physical library card, as provided.

The bill would require, within 3 years of the establishment of the memorandum of understanding or agreement, a local public library, in consultation with the local educational agency, to provide a report to the California State Library that contains specified information relating to the presentations described above.

By creating new duties for a local educational agency and a public library, the bill would impose a state-mandated local program.

The bill would require the California State Library to provide technical assistance to the local public libraries on the above-described provisions.

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 the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) The National Research Council asserts that “academic success, as defined by high school graduation, can be predicted with reasonable accuracy by knowing a student’s reading skill at the end of third grade. A person who is not at least a modestly skilled reader by that time is unlikely to graduate from high school.”

(b) California has the lowest literacy rate of any state in the nation.

(c) According to the National Assessment of Adult Literacy, two-thirds of students who cannot read proficiently by the end of the fourth grade will end up in jail or in need of public assistance.

(d) According to the National Assessment of Adult Literacy, 85 percent of all juveniles who interface with the juvenile court system are functionally low literate.

(e) According to United States Department of Justice, 68 percent of state prison inmates did not receive a high school diploma.

(f) According to the National Low Income Housing Coalition, formerly incarcerated people are nearly 10 times more likely to be homeless than the general public.

(g) Children who cannot read proficiently by the end of third grade are four times more likely to drop out of high school or fail to graduate, which can lead to a lifetime of social and economic disadvantages.

(h) Pupils with relatively low literacy achievement tend to have more behavioral and social problems in subsequent grades and higher rates of retention, furthering their educational achievement gap and increasing their risk of dropout.

(i) Seventy-five percent of pupils who are poor readers in third grade will remain poor readers in high school, according to research at Yale University.

(j) According to a national study by New York University, children from low-income families are less likely to have books in their homes.

(k) In 2017, California was the first state in the nation to be sued on the grounds that it had denied children’s civil rights to literacy under the state constitution. After initially fighting the lawsuit, the state settled the case in February 2020.

(l) The mission of public libraries in California is to provide free and easy access to information, ideas, books, and technology that can help to enrich, educate, and empower the lives of all individuals.

(m) Former President Barack Obama’s 2013 ConnectED initiative strives to enrich the education and opportunities of every pupil in kindergarten and grades 1 to 12, inclusive, through partnerships and cooperation.

(n) According to the Pew Research Center, 84 percent of the parents who say that libraries are important say a major reason they want their children to have access to libraries is that libraries help inculcate their children’s love of reading and books. Eighty-one percent say that a major reason libraries are important is because libraries provide their children with information and resources not available at home, such as a book club or program, an education class hosted by the library, the use of free and reliable internet, or the ability to do school work more easily.

(o) Issuing library cards to pupils through the ConnectED initiative has fostered stronger family bonds, equipped parents to support their children’s reading progress, encouraged family engagement in school activities, and helped build an at-home culture of reading.

(p) The Oakland Public Library has a partnership with the Oakland Unified School District to provide the Oakland Promise Card.

(q) The Napa County Library has a partnership with the Napa Valley Unified School District to provide the Student OneCard.

(r) The San Francisco Public Library has a partnership with the San Francisco Unified School District to provide the Scholar Card.

(s) The Sacramento Public Library provides Student Success Cards to provide internet-only library access to over 121,000 pupils in six school districts.

(t) In 2016, the Los Angeles Unified School District entered into a memorandum of agreement with the City of Los Angeles’ Board of Library Commissioners to provide every pupil with a Student Success Card.

(u) The Los Angeles Unified School District is composed of more than 800,000 pupils, is the second largest school district in the nation, and has distributed over 50,000 library cards to pupils of all ages in the school district.

(v) Through the above-mentioned collaborations, many successful models for various types of library cards have been created and pupils have been provided library access using variations of all of the following:

(1) Full-access library cards.

(2) Limited-use library cards.

(3) Internet-only library cards.

(4) Online or in-person library access using a school-issued student identification card.

(w) Communities and school districts vary widely in terms of resources and capacity. In order to be successful, libraries and school partnerships must have options suitable for both small rural districts and larger cooperatives.

SEC. 2.

 Chapter 3.5 (commencing with Section 18575) is added to Part 11 of Division 1 of Title 1 of the Education Code, to read:

CHAPTER  3.5. Public Library Partnerships with Local Educational Agencies

18575.

 For purposes of this chapter, the following terms apply:

(a) “Local educational agency” means a school district, county board of education, or a charter school.

(b) “Local public library” means a public library formed pursuant to this part that is located within the elementary school attendance area in which a schoolsite of a local educational agency is located.

18576.

 On or before January 1, 2026, a local educational agency shall enter into a memorandum of understanding or a memorandum of agreement with a local public library for each elementary schoolsite, with the purpose of increasing participation and access to the local public library for pupils in the third grade. The memorandum of understanding or the memorandum of agreement shall include, but not be limited to, provisions that satisfy both of the following requirements:

(a) (1) The local public library, in working with a school administrator, shall give a presentation to all pupils in the third grade in the first semester, trimester, or quarter, as applicable.

(2) The presentation may be in person, either in the classroom or at the local public library, via telecommunication, or via any other communication method agreed upon by the parties as appropriate to meet the requirements of this section.

(b) The local public library shall provide all of the following information at the presentation described in subdivision (a):

(1) How to obtain a physical library card.

(2) Where the closest local public library is located.

(3) How to access the local public library’s internet website. If the local public library does not have an internet website, the local public library shall provide information on accessing the internet website of the California State Library.

(4) Information on the variety of resources provided by or available through the local public library. If the local public library does not provide a variety of resources, the local public library shall provide information on resources available through the California State Library.

18577.

 Within three years of the establishment of the memorandum of understanding or memorandum of agreement pursuant to Section 18576, a local public library, in consultation with the local educational agency, shall provide a report to the California State Library. The report shall contain one years’ worth of data regarding all of the following information:

(a) The number of presentations that were conducted by the local public library.

(b) The number of third-grade pupils who took part in the presentations.

(c) The number of third-grade pupils who received local public library access as a result of the presentations.

(d) The number of new summer readers the local public library received during the summer months following the presentations.

(e) Any increase in the number of library cards, or versions of library cards, issued from the time following the presentation.

(f) Any increase in the borrowing of library books or eBooks following the presentations.

(g) Any measurable increases to the use of other library resources following the presentations.

18578.

 The California State Library shall provide technical assistance to local public libraries on the provisions of this chapter, including creating the memorandum of understanding or memorandum of agreement and the implementation and reporting requirements.

SEC. 3.

 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.

SECTION 1.

(a)The Legislature finds and declares all of the following:

(1)The National Research Council asserts that “academic success, as defined by high school graduation, can be predicted with reasonable accuracy by knowing a student’s reading skill at the end of third grade. A person who is not at least a modestly skilled reader by that time is unlikely to graduate from high school.”

(2)In 2017, California was the first state in the nation to be sued on the grounds that it had denied children’s civil right to literacy under the state constitution. After initially fighting the lawsuit, the state settled the case in February 2020.

(3)Nearly 60 percent of California children do not meet state reading standards by the third grade, and California fourth graders trail the nation in reading, with two-thirds of Black pupils and 61 percent of Latino pupils not reading at grade level.

(4)Seventy-five percent of students who are poor readers in third grade will remain poor readers in high school, according to research at Yale University.

(5)Up to one-half of the printed fourth grade curriculum is incomprehensible to students who read below that grade level, according to the Children’s Reading Foundation.

(6)Students with relatively low literacy achievement tend to have more behavioral and social problems in subsequent grades and higher rates of retention, furthering their educational achievement gap and increasing their risk of dropout.

(7)Ninety-four percent of parents say libraries are important for their children and 79 percent describe libraries as “very important.” That is especially true of parents of children under the six years of age, of whom 84 percent describe libraries as very important.

(8)Eighty-four percent of these parents who say libraries are important say a major reason they want their children to have access to libraries is that libraries help inculcate their children’s love of reading and books.

(9)Eighty-one percent say a major reason libraries are important is because libraries provide their children with information and resources not available at home, such as a book club or program, an education class hosted by the library, the use of free and reliable internet, or the ability to do school work more easily.

(10)Seventy-one percent also say a major reason libraries are important is because libraries are a safe place for children.

(11)In April 2015, then President Barack Obama launched the ConnectED Library Challenge to ensure that all school children have access to the learning resources available in public libraries.

(12)The ConnectED Library Challenge grew out of a belief that more intentional collaboration among chief elected officials, school superintendents, and library directors could improve education outcomes for all students, begin to close achievement gaps, and create a framework for an integrated approach to education.

(13)Sixty communities answered the President’s initial call to action and collectively issued new library cards to more than 1,000,000 schoolchildren as a direct result of their work on the ConnectED Library Challenge.

(14)These communities created or strengthened partnerships among elected officials, school superintendents, and library directors that provide a foundation for sustained collaboration around shared education goals.

(15)Since 2018, elected officials, school administrators, and library leaders in more than 100 communities worked together through the Leaders Library Card Challenge to help over 3,000,000 students gain library cards and significantly increase their use of library resources.

(16)Issuing library cards to students has fostered stronger family bonds, equipped parents to support their children’s reading progress, encouraged family engagement in school activities, and helped build an at-home culture of reading.

(17)Children who cannot read proficiently by the end of third grade are four times more likely to drop out of high school or fail to graduate, which can lead to a lifetime of social and economic disadvantages.

(18)Children from low-income families are less likely to have books in their homes.

(b)It is therefore the intent of the Legislature to enact subsequent legislation that would require school districts to partner with local libraries for purposes of providing library cards to all pupils in the third grade.