Bill Text: CA SB820 | 2019-2020 | Regular Session | Amended
Bill Title: Education finance.
Spectrum: Committee Bill
Status: (Passed) 2020-09-18 - Chaptered by Secretary of State. Chapter 110, Statutes of 2020. [SB820 Detail]
Download: California-2019-SB820-Amended.html
Amended
IN
Assembly
August 24, 2020 |
Introduced by Committee on Budget and Fiscal Review |
January 10, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 313.3 of the Education Code is amended to read:313.3.
(a) On or before December 31,SEC. 2.
Section 1241 is added to the Education Code, to read:1241.
(a) Due to the COVID-19 pandemic, the provisions described in subdivision (b) are waived or modified, in accordance with this section, during the portion of the 2019–20 school year in which schools were closed due to the pandemic and during the 2020–21 school year.SEC. 3.
Section 8209 of the Education Code is amended to read:8209.
(a) If a state of emergency is declared by the Governor, the Superintendent may waive any requirements of this code or regulations adopted pursuant to this code relating to childcare and development programs operated pursuant to this chapter only to the extent that enforcement of the regulations or requirements would directly impede disaster relief and recovery efforts or would disrupt the current level of service in childcare and development programs.SEC. 4.
Section 14041.8 of the Education Code is amended to read:14041.8.
(a) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of February, that are instead to be drawn in November, pursuant to Section 14041.6, may be drawn in February, subject to the approval of the Director of Finance, for a charter school or school district as follows:SEC. 5.
Section 17199.15 is added to the Education Code, immediately following Section 17199.1, to read:17199.15.
Notwithstanding any other law, if any bonds that were issued for purposes of borrowing pursuant to paragraph (3) of subdivision (a) of Section 17199.1 to fund several financings of working capital for several participating parties under a single resolution remain outstanding, each participating party for which those bonds were issued is ineligible to be a debtor in a case under Chapter 9 of the United States Bankruptcy Code (Chapter 9 (commencing with Section 901) of Title 11 of the United States Code), as that chapter may be amended from time to time, and no governmental officer or organization is or may be empowered to authorize a participating party to be a debtor under that chapter.SEC. 6.
Section 17199.4 of the Education Code is amended to read:17199.4.
(a) Notwithstanding any other law, any participating party, in connection with securing financing or refinancing of projects, or working capital pursuant to this chapter, may, in accordance with this section, elect to provide for funding, in whole or in part, one or more of the following:SEC. 7.
Section 17391 of the Education Code is amended to read:17391.
Notwithstanding Section 17388, the governing board of a school district may elect not to appoint a school district advisory committee pursuant to Section 17388 inSEC. 8.
Section 17463.7 of the Education Code is amended to read:17463.7.
(a) Notwithstanding any other law, a school district may deposit the proceeds from the sale or lease of surplus real property, together with any personal property located on the property, purchased(e)
(f)
SEC. 9.
Section 37700 of the Education Code is amended to read:37700.
(a) Notwithstanding any other law, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the instructional time requirements specified in Section 37701 and the other requirements of this chapter.SEC. 10.
Section 41024 of the Education Code is amended to read:41024.
(a) (1) Commencing April 1, 2017, a local educational agency that receives any funds pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1) shall annually report a detailed list of all expenditures of state funds, including interest, and of the local educational agency’s matching funds for completed projects until all state funds, including interest, all of the local educational agency’s matching funds, and savings achieved, including interest, pursuant to Section 17070.63, are expended in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998, associated regulations, and any accompanying grant agreement signed by a local educational agency. A local educational agency’s detailed list of expenditures shall identify expenditures on a project-by-project basis, reflect completed projects that were reimbursed within that fiscal year, and shall clearly indicate the list of projects that have been completed.(c)(1)The department shall provide the Office of Public School Construction with a copy of the audit identifying the amounts to be adjusted if, as a result of the audit conducted in accordance with the requirements of subdivisions (a) and (b), any of the following is determined:
(A)
(B)
(C)
(2)
(3)The auditor conducting the audit pursuant to this section shall notify the department of any audit exceptions identified pursuant to this section and any amounts or adjustments identified pursuant to subparagraph (C) of paragraph (1) consistent with the notification requirements established in subdivision (l) of Section 41020.
SEC. 11.
Section 41207.47 of the Education Code is amended to read:41207.47.
(a) (1) The sum of two hundredSEC. 12.
Section 43501 of the Education Code is amended to read:43501.
For the 2020–21 school year, the minimum schoolday for a local educational agency is as follows:SEC. 13.
Section 43502 of the Education Code is amended to read:43502.
(a) For purposes of calculating apportionments for the 2020–21 fiscal year, a local educational agency shall offer in-person instruction, and may offer distance learning, pursuant to the requirements of this part.SEC. 14.
Section 43502.5 is added to the Education Code, to read:43502.5.
Notwithstanding paragraph (4) of subdivision (e) of Section 47605 or paragraph (4) of subdivision (e) of Section 47605.6, and except for existing pupils of the charter school, for the 2020–21 school year, if the enrollment of a charter school exceeds the charter school’s capacity due to the calculation of attendance pursuant to Section 43502, the charter school shall determine attendance pursuant to a public random drawing in accordance with subparagraph (B) of paragraph (2) of subdivision (e) of Section 47605 or subparagraph (B) of paragraph (2) of subdivision (e) of Section 47605.6.SEC. 15.
Section 43503 of the Education Code is amended to read:43503.
(a) (1) For the 2020–21 school year, a local educational agency that offers distance learning shall comply with the requirements of subdivision (b).SEC. 16.
Section 43504 of the Education Code is amended to read:43504.
(a) The compulsory education requirements described in Section 48200 continue to apply for the 2020–21 school year.SEC. 17.
Section 43505 of the Education Code is amended to read:43505.
(a) (1) For purposes of calculating apportionments for the 2020–21 fiscal year and for any other calculations that would be based on average daily attendance in the 2020–21 school year, for all newly operational charter schools that are authorized by the governing board of a school district or county board of education on or before June(b)(1)
(2)
(3)
SEC. 18.
Section 43506.5 is added to the Education Code, to read:43506.5.
A charter school that provided notification that it was delaying adding grade levels in the 2020–21 school year pursuant to Section 105 of Chapter 24 of the Statutes of 2020 may rescind that notification. No later than September 30, 2020, the charter school shall notify its chartering authority, the department, and the parents or guardians of pupils who have indicated an intent to enroll in the charter school or enroll in the affected grade levels, in writing, of the charter school’s decision to rescind its decision and to add grade levels as proposed in its charter petition in the 2020–21 school year. Notwithstanding Section 47652, funding for a continuing charter school eligible pursuant to Section 43505 shall be provided consistent with Section 43505.SEC. 19.
Section 43509 of the Education Code is amended to read:43509.
(a) (1) For the 2020–21 school year, the governing board of a school district, a county board of education, and the governing body of a charter school shall adopt both of the following:SEC. 20.
Section 48412 of the Education Code is amended to read:48412.
(a) (1) A person 16 years of age or older, or who has been enrolled inSEC. 21.
Section 51461 of the Education Code is amended to read:51461.
(a) The State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets all of the following criteria:SEC. 22.
Section 52065 of the Education Code is amended to read:52065.
(a) The superintendent of a school district shall do both of the following:SEC. 23.
Section 56836.07 of the Education Code is amended to read:56836.07.
(a) For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, to the extent there is an appropriation in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area. For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, for which there is an appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance determined pursuant to Section 56836.11.SEC. 24.
Section 56836.148 of the Education Code is amended to read:56836.148.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Section 56836.146 by the funded average daily attendance computed in Section 56836.144 for the corresponding special education local plan area.SEC. 25.
Section 56836.24 of the Education Code is amended to read:56836.24.
(a) Commencing with the 2018–19 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for the purposes specified in Section 56836.23 for apportionment to each special education local plan area for the fiscal year in which the computation is made:SEC. 26.
Section 60010 of the Education Code is amended to read:60010.
For purposes of this part, the following terms have the following meanings unless the context in which they appear clearly requires otherwise:SEC. 27.
Section 69996.3 of the Education Code is amended to read:69996.3.
(a) Each child born on or after July 1, 2020, who is a California resident at the time of birth is eligible for the program.SEC. 28.
Section 71000 of the Education Code is amended to read:71000.
There is in the state government a Board of Governors of the California Community Colleges, consisting ofSEC. 29.
Section 92411 is added to the Education Code, immediately following Section 92410, to read:92411.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 30.
Section 92495 of the Education Code is amended to read:92495.
(a) (1) Commencing with the 2013–14 fiscal year and for each fiscal year thereafter, if the University of California plans to use any of its support appropriation in the annual budget for the subsequent fiscal year for capital expenditures pursuant to Section 92493, as defined in subparagraph (A) or (D) of paragraph (2) of subdivision (b) of that section, or for capital outlay projects pursuant to Section 92494, as defined in paragraph (1) of subdivision (b) of that section, it shall simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a report to the committees in each house of the Legislature that consider the annual state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, and the Department of Finance.(d)(1) For the 2013–14 fiscal year only, if the University of California plans to use any of its support appropriation in the annual budget for the 2013–14 fiscal year for capital expenditures pursuant to Section 92493, as defined in subparagraph (A) of paragraph (2) of subdivision (b) of that section, or for capital outlay projects pursuant to Section 92494, it shall simultaneously submit, on or before August 1 of that fiscal year, a report to the Joint Legislative Budget Committee and the Department of Finance. This report shall detail the scope of each
capital outlay project or capital expenditure and how it will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal.
(2)The Department of Finance shall review the report and submit a list of preliminarily approved projects to the Joint Legislative Budget Committee by November 1 of that fiscal year.
(3)The Department of Finance shall submit a final list of approved projects to the University of California no earlier than December 1 of that fiscal year.
(4)The University of California shall not proceed with any capital expenditures pursuant to Section 92493, as defined in subparagraph (A) of paragraph (2) of subdivision (b) of that section, or capital outlay projects pursuant to Section 92494, before receiving approval from the Department of Finance pursuant to this
subdivision.
(e)Notwithstanding subdivision (b), the University of California may use the authority provided in Section 92493 for the Merced Classroom and Academic Office Building, as specified in Provision 3 of Item 6440-001-0001 of Section 2.00 of the Budget Act of 2013.
(f)
(g)
SEC. 31.
Section 92496.1 is added to the Education Code, to read:92496.1.
(a) Notwithstanding Section 92496, for the 2020–21 and 2021–22 fiscal years, if the University of California is able to reduce annual debt service costs by refunding, defeasing, or retiring general obligation bonds or State Public Works Board lease revenue bonds, as described in Section 92493, the university may use the savings from refunding, restructuring, defeasing, or retiring general obligation bonds or State Public Works Board lease revenue bonds, as described in Section 92493, to mitigate the impacts to programs and services that predominantly support underrepresented student access to, and success at, the university, and to provide for continued employment of employees without resorting to involuntary layoffs, furloughs, or reductions-in-time in the 2020–21 and 2021–22 fiscal years.SEC. 32.
Section 8880.4.1 is added to the Government Code, to read:8880.4.1.
(a) The Legislature finds and declares that this section is clarifying of, and consistent with, the intent of Proposition 20, as approved by the voters at the March 7, 2000, statewide primary election and is not authorizing any new use of moneys expended pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 8880.4, as amended by Section 1 of Chapter 56 of the Statutes of 2011, and paragraph (2) of subdivision (a) of Section 8880.4, as amended by Section 2 of Chapter 56 of the Statutes of 2011.SEC. 33.
Section 14900 of the Government Code is amended to read:14900.
(a) It is the policy of the State of California to make freely available to its inhabitants all stateSEC. 34.
Section 14901 of the Government Code is amended to read:14901.
(a) To the end that the policy specified in Section 14900 may be effectively carried out,SEC. 35.
Section 14902 of the Government Code is amended to read:14902.
SEC. 36.
Section 14903 of the Government Code is amended to read:14903.
SEC. 37.
Section 14904 of the Government Code is amended to read:14904.
SEC. 38.
Section 14905 of the Government Code is amended to read:14905.
To beSEC. 39.
Section 14905.1 of the Government Code is repealed.The California State Library may enter into agreements with the appropriate state agencies of each of the 49 other states of the United States of America, to establish a program for the exchange of publications of legislative service agencies, other than publications of the Joint Legislative Audit Committee and of the Joint Legislative Budget Committee. The California legislative reports to be exchanged shall be selected by the State Librarian after consultation with, and subject to the approval of, the Joint Committee on Legislative Organization. The legislative research reports received from other states in exchange shall be made available by the California State
Library to the California Legislature.
Prior to designation as an exchange agency, the state agency shall agree to provide adequate facilities for the storage and use of the publications, and must agree to render reasonable service in the use of the publications without charge to the legislature of that state and other qualified patrons.
The California State Library shall notify the appropriate state agency of each of the other states of the provisions of this section.
The additional number of copies of publications, not to exceed 100, needed to implement the program shall be printed or otherwise duplicated. The State Printer and the state legislative agencies upon notification of the need shall provide the designated number of publications.
SEC. 40.
Section 14906 of the Government Code is amended to read:14906.
Any municipal or county free library, any state college or state university library, the library of any incorporated college or university in this state, the library of any public community college in this state, and the California StateSEC. 41.
Section 14910 of the Government Code is amended to read:14910.
To facilitate the distribution of state publications, theSEC. 42.
Section 14911 of the Government Code is amended to read:14911.
SEC. 43.
Section 8024 is added to the Health and Safety Code, immediately preceding Section 8025, to read:8024.
For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of the Government Code.SEC. 44.
Section 8025 of the Health and Safety Code is amended to read:8025.
(a) In order to better implement the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), the Regents of the University of California shall not use state funds for the handling or maintenance of Native American human remains and cultural items unless the regents do all the following:SEC. 45.
Section 102426 of the Health and Safety Code is amended to read:102426.
(a) (1) In addition to the items of information collected pursuant to Section 102425, the State Registrar shall instruct all local registrars that have automated birth registration to electronically capture the information specified in paragraph (2) in an electronic file. The information shall not be transcribed onto the actual hard copy of the certificate of live birth.SEC. 46.
Section 102430 of the Health and Safety Code is amended to read:102430.
(a) The second section of the certificate of live birth as specified in subdivision (b) of Section 102425, the electronic file of birth information collected pursuant to subparagraphs (B) toSEC. 47.
Section 48 of Chapter 29 of the Statutes of 2016 is repealed.Commencing with the 2016–17 fiscal year, the Superintendent of Public Instruction shall add three million five hundred thousand dollars ($3,500,000) to the amount to be apportioned pursuant to Sections 42238.02 and 42238.03 of the Education Code to the San Francisco Unified School District. These funds shall be made available to contract with the Exploratorium in San Francisco for purposes of supporting professional development and leadership training for education professionals, expanding access to quality STEM learning opportunities, and supporting statewide implementation of the Next Generation Science Standards.
SEC. 48.
Section 1 of Chapter 3 of the Statutes of 2020, as amended by Section 91 of Chapter 24 of the Statutes of 2020, is amended to read:Section 1.
(a) For all local educational agencies that comply with Executive Order No. N–26–20 or that are not subject to a closure due to the coronavirus (COVID-19), and for purposes of average daily attendance claimed for apportionment purposes pursuant to Section 41601 of the Education Code, for the 2019–20 school year average daily attendance reported to the State Department of Education for the second period and the annual period for local educational agencies shall only include all full school months from July 1, 2019, to February 29, 2020, inclusive. Any applicable contrary provisions in Sections 1244 and 41601 of the Education Code are waived.SEC. 49.
Section 2 of Chapter 3 of the Statutes of 2020 is amended to read:Sec. 2.
(a) To prevent the loss of funding related to an instructional time penalty because of a school closed due to the coronavirus (COVID–19), instructional days and minutes that a local educational agency would otherwise have offered pupils to meet the requirements of Sections 41420, 46207, 46208, and paragraph (1) of subdivision (a) of Section 47612.5 of the Education Code, and their implementing regulations, during the period of time the school was closed due to COVID–19 are deemed to be met.SEC. 50.
Section 3 of Chapter 3 of the Statutes of 2020 is amended to read:Sec. 3.
(a) A charter school that does not have an independent study program, as described in Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, or a distance learning program in its currently-approved charter petition is not required to submit a request to materially revise its charter petition to its chartering authority in order to offer an independent study program or distance learning program during the period of time the school is closed due to the coronavirus (COVID–19) and complying with Executive Order No. N–26–20.SEC. 51.
Section 4 of Chapter 3 of the Statutes of 2020, as amended by Section 92 of Chapter 24 of the Statutes of 2020, is amended to read:Sec. 4.
(a) For local educational agencies that comply with Executive Order No. N–26–20, and to ensure continuity of funding for the After School Education and Safety Program established by Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, a school closure due to the coronavirus (COVID–19) shall be considered a qualifying event for purposes of subdivision (d) of Section 8482.8 of the Education Code, and the obligation for a program grantee to submit a request for pupil attendance credits is waived. Program grantees shall be credited with the average annual attendance that the grantee would have received if it had been able to operate its entire program during the period of time the school was closed or restructured due to COVID–19.SEC. 52.
Section 5 of Chapter 3 of the Statutes of 2020 is amended to read:Sec. 5.
(a) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before June 30, 2020, the Superintendent of Public Instruction shall develop informal directives and bulletins, in compliance with Executive Orders, to address contractual and reporting requirements applicable for the 2019–20 fiscal year for childcare and development programs impacted by the coronavirus (COVID–19).SEC. 53.
Section 6 of Chapter 3 of the Statutes of 2020 is amended to read:Sec. 6.
For the 2019–20 school year, both of the following shall apply:SEC. 54.
Section 7 of Chapter 3 of the Statutes of 2020 is amended to read:Sec. 7.
(a) The timelines established pursuant to Section 33315 of the Education Code and Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations are extended by the length of time a school is closed due to the coronavirus (COVID–19).SEC. 55.
Section 8 of Chapter 3 of the Statutes of 2020 is amended to read:Sec. 8.
(a) If a school is closed due to the coronavirus (COVID–19), the State Department of Education, in order to determine a local educational agency’s compliance with the special education timelines required by subdivision (a) of Section 56043 and subdivision (a) of Section 56321 of the Education Code, shall consider the days a school is closed due to COVID–19 as days between a pupil’s regular school session, up until the time the school reopens and the regular school session reconvenes.SEC. 56.
Section 95 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 95.
(a) For purposes of the annual update to the local control and accountability plan for the 2021–22 school year required pursuant to Sections 47606.5, 52061, and 52066 of the Education Code, the school district, county office of education, or charter school shall include the actions and expenditures included in the learning continuity and attendance plan adopted pursuant to Section 43509 of the EducationSEC. 57.
Section 97 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 97.
(a) The State Department of Education may waive the following provisions relating to before and after school programs during the 2020–21 school year to provide the needed flexibility to serve pupils during the COVID-19 pandemic:(1)
(2)
(3)
(4)
(5)
SEC. 58.
Section 110 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 110.
(a) The sum of three hundred fifty-five million two hundred twenty-seven thousand dollars ($355,227,000) from the Federal Trust Fund and the sum of one billion one hundred forty-four million seven hundred seventy-three thousand dollars ($1,144,773,000) from the Coronavirus Relief Fund are hereby appropriated to the Superintendent of Public Instruction for allocation in the 2020–21 fiscal year to eligible local educational agencies in an equal amount per pupil using the following methodology:SEC. 59.
Section 111 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 111.
(a) The Legislature finds and declares all of the following:(C)
SEC. 60.
Section 112 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 112.
(a) It is the intent of the Legislature to prepare for the effective use of childcare funds available from the federal government during the COVID-19 pandemic and recovery period in order to support the essential workforce through necessary, high-quality childcare, support healthy child development during this historic time, and ensure the stability of California’s childcare system.(1)
(2)
(3)
(4)
SEC. 61.
Section 116 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 116.
(a) For the 2020–21 fiscal year, the sum of four hundred fifty thousand dollars ($450,000) is hereby appropriated from the General Fund to the State Department of Education to support the alignment and integration of the online platforms supporting the California School Dashboard, the Local Control and Accountability Plan Electronic Template System, and the School Accountability Report Card. In performing this work, every effort shall be made to maximize the consistency of school-level data reported through the School Accountability Report Card with the state priorities described in subdivision (d) of Section 52060 of the Education Code and included in California’s accountability system and reported through the California School Dashboard.SEC. 62.
Section 117 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 117.
(a) The Legislature finds and declares all of the following:SEC. 63.
Section 118 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 118.
(a) (1) The sum of one hundred twelve million two hundred thirty-one thousand dollars ($112,231,000) is hereby appropriated from the Federal Trust Fund in accordance with the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116–136) for allocation by the State Department of Education for purposes of subdivision (b).SEC. 64.
Section 119 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 119.
(a) The Legislature finds and declares all of the following:(2)
(3)
SEC. 65.
Executive Order No. N-26-20 shall become inoperative on July 1, 2020.SEC. 66.
(a) (1) The requirements pursuant to subdivision (a) of Section 44225 of, paragraph (3) of subdivision (b) of Section 44259 of, and Section 44320.2 of, the Education Code, and any accompanying regulations, for preliminary multiple subject credential candidates and preliminary single subject credential candidates to complete a teaching performance assessment are suspended for candidates whose program of professional preparation verifies that, during the 2020–21 school year, all of the following requirements are met:SEC. 67.
(a) Notwithstanding Section 60800 of the Education Code, as a result of the COVID-19 pandemic and the need to comply with state and local health guidelines, the administration of the physical performance test shall be suspended for the 2020–21 school year.SEC. 68.
(a) For the 2020–21 school year, the time period required to initially assess pupils for English language proficiency pursuant to Section 313 of the Education Code and Sections 11518 and 11518.5 of Title 5 of the California Code of Regulations is extended by 45 calendar days, unless otherwise determined by the Superintendent of Public Instruction.SEC. 69.
For monthly attendance records or invoices from July 2020 to June 2021, inclusive, notwithstanding subdivision (b) of Section 8221.5 of the Education Code, if the childcare provider attempts to collect a signature on the monthly attendance record or invoice and the parent or guardian is unable to sign due to the COVID-19 pandemic, the childcare provider may submit an attendance record or invoice without the parent or guardian signature so long as there is documentation of the childcare provider’s attempts to collect a signature from the parent or guardian and all other requirements of Section 8221.5 of the Education Code have been met.SEC. 70.
(a) A migrant childcare and development program pursuant to Article 6 (commencing with Section 8230) of, a California state preschool program pursuant to Article 7 (commencing with Section 8235) of, a general childcare and development program pursuant to Article 8 (commencing with Section 8240) of, a family childcare home education network pursuant to Article 8.5 (commencing with Section 8245) of, or childcare and development services for children with special needs pursuant to Article 9 (commencing with Section 8250) of, Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, whose ability to serve currently enrolled children is limited due to state or local public health guidance or order related to COVID-19 that impacts group size or ratios shall prioritize families for in-person early learning and care services pursuant to guidance issued by the Superintendent of Public Instruction.SEC. 71.
Expenditures of moneys appropriated pursuant to Sections 110 and 118 of Chapter 24 of the Statutes of 2020 and Section 18003(c) of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136) shall not be considered school district or county office of education general fund expenditures for purposes of Section 17070.75 of the Education Code.SEC. 72.
Notwithstanding subdivision (b) of Section 65000 of the Education Code, for the 2020–21 school year, single school districts and charter schools shall use the stakeholder engagement process for the learning continuity and attendance plan pursuant to subdivision (b) of Section 43509 of the Education Code to meet the stakeholder engagement requirements for the adoption of their School Plan for Student Achievement.SEC. 73.
(a) The Young People’s Task Force, established pursuant to Section 123 of Chapter 24 of the Statutes of 2020, shall, consistent with subdivision (e) of Section 38000 of the Education Code, conduct a balanced evaluation of the presence of peace officers and other law enforcement personnel on school campuses and identify and consider possible alternative options to ensure pupil safety on a school campus, pupil safety coming and going to and from school, and pupils’ academic and social-emotional success based on the needs of the local school community. The task force shall also develop recommended guidance to ensure pupil health and safety during interactions between law enforcement and young people on school campuses.SEC. 74.
A charter school with a nonclassroom-based funding determination pursuant to Section 47612.5 of the Education Code that expires on June 30, 2021, or June 30, 2022, shall receive its current funding level for two years upon submission of a complete funding determination request to the State Department of Education pursuant to Section 11963.3 of Title 5 of the California Code of Regulations. A charter school’s funding determination request shall be received by the State Department of Education no later than June 30, 2021 or June 30, 2022, as applicable. A charter school that submits a funding determination request after the applicable deadline shall receive 85 percent funding for two fiscal years for nonclassroom-based instruction attendance. Either the charter school or the State Department of Education may request that the Advisory Commission on Charter Schools or the State Board of Education consider a higher or lower funding level pursuant to Section 11963.6 or 11963.7 of Title 5 of the California Code of Regulations. The requirements of this section shall not be waived by the State Board of Education pursuant to Section 33050 of the Education Code or any other law.SEC. 75.
The Legislature finds and declares that Section 73 of this act imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 76.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 77.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.