Bill Text: CA SB828 | 2015-2016 | Regular Session | Chaptered
Bill Title: School finance: education omnibus trailer bill.
Spectrum: Unknown
Status: (Passed) 2016-06-27 - Chaptered by Secretary of State. Chapter 29, Statutes of 2016. [SB828 Detail]
Download: California-2015-SB828-Chaptered.html
BILL NUMBER: SB 828 CHAPTERED
BILL TEXT
CHAPTER 29
FILED WITH SECRETARY OF STATE JUNE 27, 2016
PASSED THE SENATE JUNE 15, 2016
PASSED THE ASSEMBLY JUNE 15, 2016
AMENDED IN ASSEMBLY JUNE 12, 2016
AMENDED IN ASSEMBLY MAY 25, 2016
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 7, 2016
An act to amend Sections 8263, 8263.1, 8265, 8357, 8447, 11800,
41203.1, 42920.5, 44259.1, 44391, 44392, 44393, 46116, 47604.32,
47604.33, 47606.5, 49550.3, 51747, 52052, 52074, 53070, 53076, and
56836.165 of, to add Sections 41207.42 and 60602.6 to, to add Article
8 (commencing with Section 41580) to Chapter 3.2 of Part 24 of
Division 3 of, and Article 2 (commencing with Section 51710) to
Chapter 5 of Part 28 of Division 4 of, Title 2 of, and to repeal
Sections 44390 and 56366.3 of, the Education Code, to amend Section
17581.9 of, and to add Section 17581.95 to, the Government Code, and
to add Section 116276 to the Health and Safety Code, relating to
school finance, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 828, Committee on Budget and Fiscal Review. School finance:
education omnibus trailer bill.
(1) Existing law, the Child Care and Development Services Act,
requires the Superintendent of Public Instruction to administer child
care and development programs that offer a full range of services
for eligible children from infancy to 13 years of age. The act
requires families to meet certain requirements in various areas to be
eligible for federal and state subsidized child development
services. Existing law also provides for income eligibility standards
for families to receive child care and development services.
Existing law provides that "income eligible," for purposes of the
act, means that a family's adjusted monthly income is at or below 70%
of the state median income, adjusted for family size, and adjusted
annually. Notwithstanding this provision, existing law sets the
income eligibility limits for the 2014-15 fiscal year at 70% of the
state median income that was in use for the 2007-08 fiscal year,
adjusted for family size.
This bill would require, if only one parent has signed an
application for enrollment in child care services and the information
provided on the application indicates that there is a 2nd parent who
has not signed the application, the parent who has signed the
application to self-certify the presence or absence of the 2nd parent
under penalty of perjury. By expanding the crime of perjury, the
bill would impose a state-mandated local program. The bill would
prohibit requiring the parent who has signed the application to
submit additional information documenting the presence or absence of
the 2nd parent. The bill would also set the income eligibility limits
for the 2016-17 fiscal year at 70% of the state median income that
was in use for the 2007-08 fiscal year, adjusted for family size.
(2) The Child Care and Development Services Act requires the
Superintendent of Public Instruction to implement a plan that
establishes reasonable standards and assigned reimbursement rates for
child care services, as provided. Existing law provides that the
standard reimbursement rate for a 250-day year is $9,572.50 per unit
of average daily enrollment, and the full-day state preschool
reimbursement rate for a 250-day year is $9,632.50 per unit of
average daily enrollment.
This bill would make those rates effective only until December 31,
2016, and, commencing January 1, 2017, would increase those rates to
$10,529.75 and $10,595.75, respectively.
(3) Existing law requires the cost of child care services provided
to recipients of the California Work Opportunity and Responsibility
to Kids (CalWORKs) program under specified law to be governed by
regional market rates. Existing law requires the regional market rate
ceiling to be established at 104.5% of the greater of 2 figures.
This bill would make those provisions operative only until
December 31, 2016. The bill, commencing January 1, 2017, and until
June 30, 2018, would require the regional market rate ceiling to be
established at the 75th percentile of the 2014 regional market rate
survey for that region or at the regional market rate ceiling for
that region as it existed on December 31, 2016, whichever is greater.
The bill, commencing July 1, 2018, would require the regional market
rate ceilings to be established at the 75th percentile of the 2014
regional market rate survey for that region.
(4) Existing law prohibits reimbursement to license-exempt child
care providers that exceeds 65% of the family child care home rate,
as specified.
This bill would make that provision operative until December 31,
2016, and, commencing January 1, 2017, would prohibit reimbursement
to license-exempt child care providers that exceeds 70% of the family
child care home rate, as specified.
(5) Existing law requires the State Department of Education to
implement the regional market rate schedules based upon the 85th
percentile of county aggregates, as determined by the regional market
rate survey conducted in 2009, and, commencing January 1, 2015,
requires the regional market rate schedule developed pursuant to that
provision to be reduced by 10.11%. Existing law requires the
department, if a market rate ceiling for a county is less than the
ceiling provided for that county before January 1, 2015, to use the
ceiling from the regional market rate survey conducted in 2005, and
requires, commencing October 1, 2015, the regional market rate
ceilings for all counties to be increased by 4.5%.
This bill would delete those provisions and would instead require
the department to implement the regional market rate schedules based
upon county aggregates, as specified in a certain provision and the
annual Budget Act.
(6) Existing law establishes the K-12 High-Speed Network (K-12
HSN) to, among other things, provide high-speed, high-bandwidth
Internet connectivity to the public school system. Existing law
provides for the administration of the K-12 HSN by a Lead Education
Agency selected by the Superintendent of Public Instruction, and
requires the Lead Education Agency to develop an annual budget
request for K-12 HSN for submission to the State Department of
Education and the Department of Finance to be included in the annual
Budget Act.
This bill would require the Superintendent to apportion 3/4 of the
total amount appropriated in a given fiscal year by August 31 and to
apportion up to 1/4 of the total amount appropriated by January 31.
(7) Existing law requires, for the 1990-91 fiscal year and each
fiscal year thereafter, that moneys to be applied by the state for
the support of school districts, community college districts, and
direct elementary and secondary level instructional services provided
by the state be distributed in accordance with certain calculations
governing the proration of those moneys among the 3 segments of
public education. Existing law makes that provision inapplicable to
the 1992-93 to 2015-16 fiscal years, inclusive.
This bill would also make that provision inapplicable to the
2016-17 fiscal year.
(8) Section 8 of Article XVI of the California Constitution sets
forth a formula for computing the minimum amount of revenues that the
state is required to appropriate for the support of school districts
and community college districts for each fiscal year.
This bill would appropriate $218,000,000 from the General Fund to
the Controller for allocation to school districts and community
college districts for the purpose of offsetting the 2009-10
outstanding balance of the minimum funding obligation to school
districts and community college districts, as specified.
(9) Existing law establishes the office of Superintendent of
Public Instruction and assigns numerous duties to that office with
respect to the funding and governance of public elementary and
secondary education in this state. Existing law also establishes
certain block grants that may be apportioned to local educational
agencies for specified purposes.
This bill would appropriate $200,000,000 from the General Fund to
the Superintendent of Public Instruction for allocation by the
Superintendent to establish the College Readiness Block Grant
program. The bill would specify that the College Readiness Block
Grant would be established to provide California's high school
pupils, particularly unduplicated pupils, additional supports to
increase the number who enroll at institutions of higher education
and complete an undergraduate degree within 4 years.
(10) Existing law establishes the Foster Youth Services
Coordinating Program, administered by the Superintendent of Public
Instruction, as specified, to provide supplemental funding to county
offices of education, or a consortium of county offices of education,
to coordinate and ensure that local educational agencies within its
jurisdiction are providing services to foster youth pupils pursuant
to a foster youth services coordinating plan. Existing law authorizes
a county office of education, or consortium of county offices of
education, to apply to the Superintendent for grant funding, to the
extent funds are available, to operate an education-based foster
youth services coordinating program to provide educational support
for pupils in foster care. Existing law requires the Superintendent,
on or before October 31, 2015, to develop an allocation formula to
determine the allocation amounts for which each county office of
education or consortium of county offices of education is eligible
and, within 30 days, to submit the allocation formula to the
appropriate policy and fiscal committees of the Legislature and the
Department of Finance for review and to the Department of Finance for
approval, as specified.
This bill would, commencing with the 2016-17 fiscal year, instead
require the Superintendent to provide a base grant of $75,000 to each
participating county office of education or consortia of county
offices of education that served at least one foster youth pupil in
the prior fiscal year. After providing base grants, the bill would
require the Superintendent to allocate the remaining funding to
participating county offices of education or consortium of county
offices of education based on the following criteria: 70% of the
allocation is based on the number of pupils in foster care in the
county and 30% of the allocation is based on the number of school
districts in the county.
(11) Existing law establishes minimum requirements for the
issuance of a preliminary multiple or single subject teaching
credential by the Commission on Teacher Credentialing. Among other
requirements, existing law requires satisfactory completion of a
program of professional preparation accredited by the Committee on
Accreditation, but specifies that the program shall not include more
than 2 years of full-time study, except for certain programs,
including for integrated programs of subject matter and professional
preparation. Existing law requires an integrated program of
professional preparation to enable candidates for teaching
credentials to engage in professional preparation, concurrently with
subject matter preparation, while completing baccalaureate degrees at
regionally accredited postsecondary institutions and to provide
opportunities for candidates to complete intensive field experiences
in public elementary and secondary schools early in the undergraduate
sequence.
Existing law requires that an integrated program of professional
preparation offered by the California State University be designed to
concurrently lead to a preliminary multiple subject or single
subject teaching credential and a baccalaureate degree.
This bill would require those intensive field experiences to
include student teaching. The bill would authorize a postsecondary
educational institution to offer a 4-year or 5-year integrated
program of professional preparation that allows a student to earn a
baccalaureate degree and a preliminary multiple or single subject
teaching credential, or an education specialist instruction
credential authorizing the holder to teach special education,
including student teaching requirements, concurrently and within 4 or
5 years of study. The bill would, contingent upon appropriation of
funds in the annual Budget Act or another statute, require the
commission to develop and implement a program to award grants of up
to $250,000 each to postsecondary educational institutions for the
development of transition plans to guide the creation of 4-year
integrated programs of professional preparation, as provided.
The bill would instead require that an integrated program of
professional preparation offered by the California State University
be designed to concurrently lead to a preliminary multiple subject or
single subject teaching credential, or an education specialist
instruction credential authorizing the holder to teach special
education, and a baccalaureate degree.
The bill would also, for the 2016-17 fiscal year, appropriate
$5,000,000 from the General Fund to the Commission on Teacher
Credentialing for allocation to a local educational agency to
establish the California Center on Teaching Careers, as specified,
for the purpose of recruiting qualified and capable individuals into
the teaching profession.
(12) The Wildman-Keeley-Solis Exemplary Teacher Training Act of
1997 establishes the California School Paraprofessional Teacher
Training Program for the purpose of recruiting paraprofessionals to
participate in a program designed to encourage them to enroll in
teacher training programs and to provide instructional service as
teachers in the public schools. The act requires, among other things,
that the Commission on Teacher Credentialing, in consultation with
certain other educational entities, select, pursuant to specified
criteria, 24 or more school districts or county offices of education
representing rural, urban, and suburban areas that apply to
participate in the program. The act requires a school district or
county office of education to require a person participating in the
program to commit to fulfilling certain specified obligations
relating to obtaining a teaching credential and employment as a
teacher in the school district or county office of education. The act
requires a school district or county office of education to require
a program participant to obtain a certificate of clearance from the
commission and provide verification of a specified level of academic
achievement prior to participating in the program. The act expresses
the intent of the Legislature that, in each fiscal year, funding for
the California School Paraprofessional Teacher Training Program be
allocated to the commission for grants to school districts and county
offices of education, limits grants to $3,500 per program
participant per year, and makes funding for the grants contingent
upon an appropriation in the annual Budget Act.
This bill would substantially revise those provisions to instead
establish the California Classified School Employee Teacher
Credentialing Program for the purpose of recruiting classified school
employees to participate in a program designed to encourage them to
enroll in teacher training programs and to provide instructional
service as teachers in the public schools and would expand the
program to authorize charter schools to participate. Subject to an
appropriation for these purposes, the bill would require the
commission, among other things, to solicit applications for funding,
adopt selection criteria, contract with an independent evaluator to
conduct an evaluation of the program, and to make a specified report
to the Legislature, as specified.
The bill would, for the 2016-17 fiscal year, appropriate
$20,000,000 from the General Fund to the Commission on Teacher
Credentialing for the California Classified School Employee Teacher
Credentialing Program to be available for the 2016-17, 2017-18,
2018-19, 2019-20, and 2020-21 fiscal years. The bill would require
the commission to allocate grants, not to exceed $4,000 per
participant per year, for up to 1,000 new participants per year.
(13) Existing law requires the Superintendent of Public
Instruction, by no later than July 1, 2017, to provide the
Legislature with an evaluation of kindergarten program implementation
in the state, including part-day and full-day kindergarten programs.
Existing law requires the evaluation to include, among other things,
recommendations for best practices for providing full-day
kindergarten programs.
This bill would require the evaluation to also include an estimate
of the average costs, including fixed and marginal costs, associated
with full-day and part-day kindergarten programs and options for
incentivizing full-day kindergarten, including providing
differentiated funding rates for full-day and part-day kindergarten.
(14) Existing law provides for the State Department of Education,
in cooperation with school districts and county superintendents of
schools, to provide information and limited financial assistance to
encourage school breakfast program startup and expansion into all
qualified schools, as specified. Existing law authorizes the
department to award grants of up to $15,000 per schoolsite on a
competitive basis to school districts, county superintendents of
schools, or entities approved by the department for nonrecurring
expenses incurred in initiating or expanding a school breakfast
program, as prescribed.
This bill would authorize the use of grants awarded under these
provisions to implement school breakfast programs that serve
breakfast after the start of the schoolday. The bill would also
appropriate $2,000,000 from the General Fund to the Superintendent of
Public Instruction for grants awarded pursuant to the provisions of
existing law described above, to be available for the 2017-18 and
2018-19 fiscal years. The bill would specify that up to $1,000,000 of
these funds would be prioritized annually for school districts or
county superintendents of schools to start or expand programs serving
school breakfasts after the start of the schoolday in school
districts where at least 60% of enrolled pupils are needy children,
as defined.
(15) Existing law, on or before July 1, 2014, requires the
governing board of each school district and each county board of
education to adopt a local control and accountability plan. Existing
law requires the governing board of each school district and each
county board of education to update its local control and
accountability plan before July 1 of each year. Existing law requires
a local control and accountability plan to include, among other
things, a description of the annual goals to be achieved for each
state priority, as specified, for all pupils and certain subgroups of
pupils, including, among others, pupils who are English learners or
foster youth.
Existing law, the Charter Schools Act of 1992, requires a charter
school petition to contain those same elements. Existing law
requires, on or before July 1, 2015, and each year thereafter, a
charter school to annually update the goals and annual actions to
achieve those goals, as specified, including a requirement that the
charter school consult with teachers, principals, administrators,
other school personnel, parents, and pupils in developing the annual
update. The act requires each chartering authority to, among other
things, ensure that each charter school under its authority complies
with all reports required of charter schools by law, including the
annual update referenced above, and requires each charter school to
annually prepare and submit specified reports to its chartering
authority and the county superintendent of schools, including the
update referenced above.
This bill would specifically reference those charter school
petition and update requirements as a local control and
accountability plan and an update to a local control and
accountability plan, respectively. The bill would also require a
charter school's local control and accountability plan, in addition
to the update, to be developed in consultation with teachers,
principals, administrators, other school personnel, parents, and
pupils. The bill would also require a charter school to prepare and
submit the local control and accountability plan with its update and
would require the chartering authority to ensure compliance with
these actions. To the extent this would impose additional duties on
local educational agency officials, the bill would impose a
state-mandated local program.
This bill would also, for the 2016-17 fiscal year, appropriate
$20,000,000 from the General Fund to the State Department of
Education to support charter school startup grants in an amount not
to exceed $575,000 per eligible applicant operating a classroom-based
charter school and $375,000 per eligible applicant operating a
nonclassroom-based charter school, as specified.
(16) Existing law establishes the California Collaborative for
Educational Excellence for purposes of advising and assisting school
districts, county superintendents of schools, and charter schools in
achieving the goals set forth in a local control and accountability
plan.
This bill would require the collaborative, commencing with the
2016-17 fiscal year, to establish, using a specified amount of moneys
appropriated by the bill, a statewide process to provide specified
professional development training to school districts, county offices
of education, and charter schools for the purpose of successfully
utilizing the evaluation rubrics adopted by the state board.
The bill would require the collaborative to submit an
implementation plan to the relevant policy and fiscal committees of
the Legislature, the Director of Finance, and the Legislative Analyst'
s Office within 30 days of the state board's adoption of the
evaluation rubrics, as specified. The bill also would require the
collaborative, during the 2017-18 fiscal year, to conduct a survey of
school districts, county offices of education, and charter schools
on how they used the evaluation rubrics. The bill would authorize the
collaborative to contract with one or more entities to develop,
administer, monitor, and analyze the survey.
The bill would require the collaborative, during the 2016-17 and
2017-18 fiscal years, to implement a pilot program that will inform
its long-term efforts to advise and assist school districts, county
superintendents of schools, and charter schools in improving pupil
outcomes. The bill would require the collaborative, after consulting
with the Superintendent of Public Instruction, to assist school
districts, county offices of education, and charter schools in the
pilot program, as provided, but participation in the pilot program by
a local educational agency would be voluntary. The bill would
require the governing board of the collaborative to submit to the
relevant policy and fiscal committees of the Legislature, the
Director of Finance, and the Legislative Analyst's Office an
implementation plan for the pilot program on or before August 15,
2016, as specified, and a report about lessons learned from the pilot
program and its implications for the ongoing work of the
collaborative on or before November 1, 2018.
The bill would appropriate $24,000,000 from the General Fund to
the State Department of Education for transfer by the Controller to
Section A of the State School Fund for allocation by the
Superintendent to the Riverside County Office of Education to support
the collaborative for purposes of these provisions.
(17) Existing law authorizes the Superintendent of Public
Instruction to direct the California Collaborative for Educational
Excellence to advise and assist a school district, county
superintendent of schools, or charter school in specified
circumstances.
This bill would instead authorize the collaborative, after
consulting with the Superintendent, to accept a request or referral
to advise or assist a school district, county superintendent of
schools, or charter school in those circumstances.
(18) Existing law establishes a system of public elementary and
secondary schools in this state and authorizes local educational
agencies throughout the state to operate schools and provide
instruction to pupils in kindergarten and grades 1 to 12, inclusive.
Existing law requires the adopted course of study for grades 7 to 12,
inclusive, to include specified areas of study, including, among
others, mathematics.
This bill would establish the Mathematics Readiness Challenge
program to be administered by the State Department of Education. The
bill would require that the program adhere to the minimum criteria,
standards, and requirements set forth in a specified federal statute.
The bill would provide that the department would make awards to
eligible partnerships selected by a 3-person committee consisting of
one representative each from the department, the California State
University, and the California Mathematics Project to award grants of
$1,280,000 each to 5 eligible partnerships, as specified. The bill
would specify the funding source for the grants and would require the
grants to be used for professional development for teachers,
paraprofessionals, and principals for these purposes and for the
development and provision of assistance necessary for the
professional development of those individuals, consistent with
federal law. The bill would also require the Trustees of the
California State University, on or before November 30, 2018, to
report to the Director of Finance and the Legislature any policy
changes made based on evidence collected through the program.
(19) Existing law authorizes the governing board of a school
district or a county office of education to offer independent study
to meet the educational needs of pupils in accordance with prescribed
criteria. Existing law requires a written agreement for each
independent study pupil, not to exceed one school year, signed by
prescribed individuals, and maintained on file, which is authorized
to include maintaining it electronically.
This bill would authorize supplemental agreements, assignment
records, work samples, and attendance records assessing time value of
work or evidence that an instructional activity occurred to also be
maintained as an electronic file, as specified.
(20) Existing law requires the Superintendent of Public
Instruction, with the approval of the State Board of Education, to
develop an Academic Performance Index (API), as specified, to measure
the performance of schools and school districts. Existing law
authorizes the Superintendent, with the approval of the state board,
for the 2013-14 and 2014-15 school years only, to not provide an API
score to a school or school district due to a determination by the
Superintendent that a transition to new standards-based assessments
would compromise comparability of results across schools or school
districts.
This bill would extend that authorization to the 2015-16 school
year as well.
(21) Existing law prohibits the state reimbursement of a
nonpublic, nonsectarian agency for special education and related
services, administration, or supervision provided by an individual
who is or was an employee of a contracting local educational entity
within the last 365 days, with specified exceptions.
This bill would repeal that prohibition.
(22) Existing law requires the Superintendent of Public
Instruction, commencing with the 2004-05 fiscal year and each fiscal
year thereafter, to make certain calculations for, and the State
Department of Education to apportion certain amounts to, special
education local plan areas, as provided, with respect to children and
youth residing in foster family homes, foster family agencies, group
homes, skilled nursing
facilities, intermediate care facilities, and community care
facilities.
This bill would, notwithstanding certain provisions, require the
Superintendent to use the rate classification levels as they exist on
December 31, 2016, and the capacity of each group home licensed by
the State Department of Social Services located in each special
education local plan area on December 31, 2016, for purposes of the
2016-17 fiscal year funding for group homes.
(23) Existing law establishes the California Career Technical
Education Incentive Grant Program, under the administration of the
State Department of Education, as a state education, economic, and
workforce development initiative with the goal of providing pupils in
kindergarten and grades 1 to 12, inclusive, with the knowledge and
skills necessary to transition to employment and postsecondary
education. Existing law appropriates funds for the grant program,
including $300,000,000 for the 2016-17 school year, and designates
certain percentages of those appropriations to different applicant
tiers based on their average daily attendance.
This bill would authorize the Superintendent of Public
Instruction, in collaboration with the executive director of the
State Board of Education, to adjust that allocation formula. The bill
would also authorize the Superintendent to annually review grant
recipients' expenditures on career technical education programs for
purposes of determining if grant recipients have met the
dollar-for-dollar match requirement of the program and to reduce the
following year's grant allocation if the grant recipient failed to
meet that requirement, as provided.
(24) Existing law, the Leroy Greene California Assessment of
Academic Achievement Act, among other things, states the intent of
the Legislature to provide a system of assessments of pupils that has
the primary purposes of assisting teachers, administrators, and
pupils and their parents; improving teaching and learning; and
promoting high-quality teaching and learning using a variety of
assessment approaches and item types.
This bill would state the intent of the Legislature for the State
Department of Education to minimize the impact to teachers and
administrators and state resources by ensuring, where feasible, that
future California computer-based assessments utilize the assessment
delivery system infrastructure and hosting platform outlined in the
Smarter Balanced Technical Hosting Solution project, as approved by
the Department of Technology for the statewide pupil assessment
system.
(25) This bill would state the intent of the Legislature to enact
legislation that would govern the use of funds distributed from the
Safe Neighborhoods and Schools Fund to the State Department of
Education for purposes of supporting programs aimed at improving
outcomes for public school pupils in kindergarten and grades 1 to 12,
inclusive, by reducing truancy and supporting pupils who are at risk
of dropping out of school or are victims of crime.
(26) This bill would appropriate $945,589,000 from the General
Fund for allocation to school districts and county superintendents of
schools, and $105,501,000 from the General Fund to the Chancellor of
the California Community Colleges for allocation to community
college districts, as specified. The bill would require the funds to
first satisfy any outstanding claims pursuant to Section 6 of Article
XIII B of the California Constitution for reimbursement of
state-mandated local program costs for any fiscal year, but would
authorize the governing boards of school districts and community
college districts to expend these one-time funds for any purpose, as
determined by the governing board.
(27) Existing law, the California Safe Drinking Water Act, governs
drinking water quality and requires the State Water Resources
Control Board to ensure that all public water systems are operated in
compliance with the act. The act, among other things, requires the
state board to adopt primary drinking water standards for
contaminants in drinking water, as specified.
Existing law requires a school district to provide access to free,
fresh drinking water during meal times in school food service areas
unless the governing board of a school district adopts a resolution
stating that it is unable to comply with this requirement and
demonstrates the reasons why it is unable to comply due to fiscal
constraints or health and safety concerns.
This bill would require the State Water Resources Control Board to
establish a grant program, in consultation with the State Department
of Education, to award grants to local educational agencies for the
purposes of improving access to, and the quality of, drinking water
in public schools serving kindergarten or any of grades 1 to 12,
inclusive, and preschools and child day care facilities located on
public school property. The bill would require the state board to
give priority to projects for schools within, or serving pupils from,
small disadvantaged communities, as defined, and to projects that
have a high effectiveness in increasing access to safe drinking water
at schools. The bill would require the state board to develop
procedures and guidelines for the submission of grant applications
and criteria for the evaluation of those applications, as specified.
Existing law requires the Department of General Services to
approve certain contracts entered into by a state agency, including
contracts for the construction, alteration, improvement, repair, or
maintenance of property, or for the performance of work or services
by the state agency for, or in cooperation with, any person or public
body.
This bill would exempt from a contract entered into under the
authority of the above-described grant program from that requirement.
This bill would appropriate $9,500,000 from the General Fund to
the State Water Resources Control Board for allocation for purposes
of the above-described grant program.
(28) This bill would require an amount to be determined by the
Director of Finance to be appropriated, on or before June 30, 2017,
from the General Fund to the Superintendent of Public Instruction in
the event that the amount by which specified revenues distributed to
local educational agencies for special education programs are less
than the estimated amount reflected in the Budget Act of 2016. The
bill would also require the Director of Finance to reduce the General
Fund appropriation for these programs by the amount that these
revenues exceed the estimated amount. The bill would also require, on
or before June 30, 2016, up to $27,429,000 to be appropriated from
the General Fund to the State Department of Education only to the
extent that the amount by which property tax revenues distributed to
local educational agencies for special education programs are less
than the estimated amount reflected in the Budget Act of 2015.
(29) This bill would appropriate $1,000,000 from the General Fund
to the State Department of Education for transfer by the Controller
to Section A of the State School Fund. The bill would require the
Superintendent of Public Instruction to allocate these funds to the
Los Angeles County Office of Education to contract with the Special
Olympics Northern and Southern California for the purposes of
expanding the Special Olympics Unified Strategy for Schools to
additional schools throughout the state.
(30) This bill would appropriate $18,000,000 from the General Fund
to the State Department of Education for transfer by the Controller
to Section A of the State School Fund for allocation by the
Superintendent of Public Instruction. The bill would require the
Superintendent to allocate the funds to local educational agencies as
grants for dropout and truancy prevention programs pursuant to
legislation enacted in the 2015-16 Regular Session.
(31) This bill would appropriate $20,000,000 from the General Fund
to the Superintendent of Public Instruction for allocation to the
Orange County Department of Education to allocate, in consultation
with the Superintendent and the executive director of the State Board
of Education, those funds to local educational agencies for the
purpose of directly funding services or practices aligned to the
Multitiered System of Support framework developed under the "Scale Up
MTSS Statewide" project, as specified.
(32) This bill would appropriate $6,636,000 from the General Fund
to the Superintendent of Public Instruction for transfer by the
Controller to Section A of the State School Fund for certain
purposes, including $5,808,000 for the Fiscal Crisis and Management
Assistance Team for California School Information Services (CSIS),
pursuant to the memorandum of understanding with the State Department
of Education, in support of the California Longitudinal Pupil
Achievement Data System (CALPADS) and $828,000 for local educational
agencies that did not participate in the former state reporting
program administered by CSIS and for the support of data submission
to CALPADS.
(33) This bill would appropriate $3,500,000 from the General Fund
to the State Department of Education for allocation by the
Superintendent of Public Instruction to the K-12 High-Speed Network
for operational activities authorized pursuant to Item 6100-182-0001
of the Budget Act of 2016.
(34) This bill would appropriate $3,000,000 from the General Fund
to the State Department of Education for transfer by the Controller
to Section A of the State School Fund for the Superintendent of
Public Instruction to allocate those funds to a county office of
education, as determined by the State Department of Education, to
initiate the procurement of a replacement system for the Standardized
Account Code Structure system.
(35) The Classroom Instructional Improvement and Accountability
Act requires the governing board of each school district maintaining
an elementary or secondary school to develop and cause to be
implemented for each school in the school district a school
accountability report card that includes assessments of various
school conditions. Existing law requires the State Department of
Education to develop and recommend for adoption by the State Board of
Education a standardized template intended to simplify the process
for completing the school accountability report card and make the
school accountability report card more meaningful to the public.
Existing law requires the department to annually post the completed
and viewable template on the Internet, and requires the template to
be designed to allow schools or districts to download the template
from the Internet.
Existing law also requires the state board, on or before October
1, 2016, to adopt evaluation rubrics to, among other things, assist a
school district, county office of education, or charter school in
evaluating its strengths, weaknesses, and areas that require
improvement.
This bill would, commencing with the 2016-17 fiscal year, annually
appropriate $500,000 through the 2018-19 fiscal year to the
department for allocation by the Superintendent of Public Instruction
for the support and development of the evaluation rubrics and the
Web site application system for the school accountability report
card. The bill would require the department, in collaboration with,
and subject to the approval of, the executive director of the state
board, to contract with the San Joaquin County Office of Education
for those purposes, as specified.
(36) 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.
This bill would, for the 2016-17 fiscal year, appropriate
$2,941,980,000 from the General Fund to the Superintendent of Public
Instruction for allocation pursuant to the local control funding
formula. The bill also would require the Superintendent, commencing
with the 2016-17 fiscal year, to add $3,500,000 to the local control
funding formula allocation for the San Francisco Unified School
District, to 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.
(37) Existing law establishes the California Career Technical
Education Incentive Grant Program and, for the 2016-17 fiscal year,
appropriates $300,000,000 for that program. Existing law provides
that the $300,000,000 shall be applied to the minimum funding
guarantee for the 2016-17 fiscal year.
This bill would instead provide that $7,838,000 of that
$300,000,000 shall be applied to the minimum funding guarantee for
the 2015-16 fiscal year.
(38) This bill would make conforming and clarifying changes,
delete obsolete provisions, correct cross-references, and make other
nonsubstantive changes.
(39) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
(40) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(41) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8263 of the Education Code is amended to read:
8263. (a) (1) The Superintendent shall adopt rules and
regulations on eligibility, enrollment, and priority of services
needed to implement this chapter. In order to be eligible for federal
and state subsidized child development services, families shall meet
at least one requirement in each of the following areas:
(A) A family is (i) a current aid recipient, (ii) income eligible,
(iii) homeless, or (iv) one whose children are recipients of
protective services, or whose children have been identified as being
abused, neglected, or exploited, or at risk of being abused,
neglected, or exploited.
(B) A family needs the child care services (i) because the child
is identified by a legal, medical, or social services agency, a local
educational agency liaison for homeless children and youths
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the
United States Code, a Head Start program, or an emergency or
transitional shelter as (I) a recipient of protective services, (II)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation, or (III) being homeless or (ii) because the parents
are (I) engaged in vocational training leading directly to a
recognized trade, paraprofession, or profession, (II) employed or
seeking employment, (III) seeking permanent housing for family
stability, or (IV) incapacitated.
(2) If only one parent has signed an application for enrollment in
child care services, as required by this chapter or regulations
adopted to implement this chapter, and the information provided on
the application indicates that there is a second parent who has not
signed the application, the parent who has signed the application
shall self-certify the presence or absence of the second parent under
penalty of perjury. The parent who has signed the application shall
not be required to submit additional information documenting the
presence or absence of the second parent.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized child development
services is as follows:
(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency. If an agency is
unable to enroll a child in the first priority category, the agency
shall refer the family to local resource and referral services to
locate services for the child.
(B) A family who is receiving child care on the basis of being a
child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).
(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family's child care referral is
recertified by the county child welfare agency.
(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross
monthly income in relation to family size, as determined by a
schedule adopted by the Superintendent, shall be admitted first. If
two or more families are in the same priority in relation to income,
the family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For
purposes of determining order of admission, the grants of public
assistance recipients shall be counted as income.
(3) The Superintendent shall set criteria for, and may grant
specific waivers of, the priorities established in this subdivision
for agencies that wish to serve specific populations, including
children with exceptional needs or children of prisoners. These new
waivers shall not include proposals to avoid appropriate fee
schedules or admit ineligible families, but may include proposals to
accept members of special populations in other than strict income
order, as long as appropriate fees are paid.
(c) Notwithstanding any other law, in order to promote continuity
of services, a family enrolled in a state or federally funded child
care and development program whose services would otherwise be
terminated because the family no longer meets the program income,
eligibility, or need criteria may continue to receive child
development services in another state or federally funded child care
and development program if the contractor is able to transfer the
family's enrollment to another program for which the family is
eligible before the date of termination of services or to exchange
the family's existing enrollment with the enrollment of a family in
another program, provided that both families satisfy the eligibility
requirements for the program in which they are being enrolled. The
transfer of enrollment may be to another program within the same
administrative agency or to another agency that administers state or
federally funded child care and development programs.
(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision (a) of
Section 18086.5 of Title 5 of the California Code of Regulations for
an additional 60 working days if he or she determines that
opportunities for employment have diminished to the degree that one
or both parents cannot reasonably be expected to find employment
within 60 working days and granting the extension is in the public
interest. The scope of extensions granted pursuant to this
subdivision shall be limited to the necessary geographic areas and
affected persons, which shall be described in the Superintendent's
order granting the extension. It is the intent of the Legislature
that extensions granted pursuant to this subdivision improve services
in areas with high unemployment rates and areas with
disproportionately high numbers of seasonal agricultural jobs.
(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within six
weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a child
care and development program of a child whose parent or guardian
files a letter with the governing board of the child care and
development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent or
guardian having filed the letter. However, if there is good cause to
believe that a child is suffering from a recognized contagious or
infectious disease, the child shall be temporarily excluded from the
program until the governing board of the child care and development
program is satisfied that the child is not suffering from that
contagious or infectious disease.
(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department of
Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek the
advice and assistance of these health authorities in situations where
service under this chapter includes or requires care of children who
are ill or children with exceptional needs.
(g) The Superintendent shall establish guidelines for the
collection of employer-sponsored child care benefit payments from a
parent whose child receives subsidized child care and development
services. These guidelines shall provide for the collection of the
full amount of the benefit payment, but not to exceed the actual cost
of child care and development services provided, notwithstanding the
applicable fee based on the fee schedule.
(h) The Superintendent shall establish guidelines according to
which the director or a duly authorized representative of the child
care and development program will certify children as eligible for
state reimbursement pursuant to this section.
(i) Public funds shall not be paid directly or indirectly to an
agency that does not pay at least the minimum wage to each of its
employees.
SEC. 2. Section 8263.1 of the Education Code is amended to read:
8263.1. (a) For purposes of this chapter, "income eligible" means
that a family's adjusted monthly income is at or below 70 percent of
the state median income, adjusted for family size, and adjusted
annually.
(b) Notwithstanding any other law, for the 2011-12 fiscal year,
the income eligibility limits that were in effect for the 2007-08
fiscal year shall be reduced to 70 percent of the state median income
that was in use for the 2007-08 fiscal year, adjusted for family
size, effective July 1, 2011.
(c) Notwithstanding any other law, for the 2012-13, 2013-14,
2014-15, 2015-16, and 2016-17 fiscal years, the income eligibility
limits shall be 70 percent of the state median income that was in use
for the 2007-08 fiscal year, adjusted for family size.
(d) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act and
Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of
the Welfare and Institutions Code shall not be included as income
for purposes of determining eligibility for child care under this
chapter.
SEC. 3. Section 8265 of the Education Code is amended to read:
8265. (a) The Superintendent shall implement a plan that
establishes reasonable standards and assigned reimbursement rates,
which vary with the length of the program year and the hours of
service.
(1) Parent fees shall be used to pay reasonable and necessary
costs for providing additional services.
(2) When establishing standards and assigned reimbursement rates,
the Superintendent shall confer with applicant agencies.
(3) The reimbursement system, including standards and rates, shall
be submitted to the Joint Legislative Budget Committee.
(4) The Superintendent may establish any regulations he or she
deems advisable concerning conditions of service and hours of
enrollment for children in the programs.
(b) Until December 31, 2016, the standard reimbursement rate
shall be nine thousand five hundred seventy-two dollars and fifty
cents ($9,572.50) per unit of average daily enrollment for a 250-day
year. Commencing January 1, 2017, the standard reimbursement rate
shall be ten thousand five hundred twenty-nine dollars and
seventy-five cents ($10,529.75) and, commencing with the 2017-18
fiscal year, shall be increased by the cost-of-living adjustment
granted by the Legislature annually pursuant to Section 42238.15.
Until December 31, 2016, the full-day state preschool reimbursement
rate shall be nine thousand six hundred thirty-two dollars and fifty
cents ($9,632.50) per unit of average daily enrollment for a 250-day
year. Commencing January 1, 2017, the full-day state preschool
reimbursement rate shall be ten thousand five hundred ninety-five
dollars and seventy-five cents ($10,595.75) and, commencing with the
2017-18 fiscal year, shall be increased by the cost-of-living
adjustment granted by the Legislature annually pursuant to Section
42238.15. It is the intent of the Legislature to further increase the
standard reimbursement rate through the 2018-19 fiscal year to
reflect increased costs to providers resulting from increases in the
state minimum wage.
(c) The plan shall require agencies having an assigned
reimbursement rate above the current year standard reimbursement rate
to reduce costs on an incremental basis to achieve the standard
reimbursement rate.
(d) (1) The plan shall provide for adjusting reimbursement on a
case-by-case basis, in order to maintain service levels for agencies
currently at a rate less than the standard reimbursement rate.
Assigned reimbursement rates shall be increased only on the basis of
one or more of the following:
(A) Loss of program resources from other sources.
(B) Need of an agency to pay the same child care rates as those
prevailing in the local community.
(C) Increased costs directly attributable to new or different
regulations.
(D) Documented increased costs necessary to maintain the prior
year's level of service and ensure the continuation of threatened
programs.
(2) Child care agencies funded at the lowest rates shall be given
first priority for increases.
(e) The plan shall provide for expansion of child development
programs at no more than the standard reimbursement rate for that
fiscal year.
(f) The Superintendent may reduce the percentage of reduction for
a public agency that satisfies any of the following:
(1) Serves more than 400 children.
(2) Has in effect a collective bargaining agreement.
(3) Has other extenuating circumstances that apply, as determined
by the Superintendent.
SEC. 4. Section 8357 of the Education Code is amended to read:
8357. (a) The cost of child care services provided under this
article shall be governed by regional market rates. Recipients of
child care services provided pursuant to this article shall be
allowed to choose the child care services of licensed child care
providers or child care providers who are, by law, not required to be
licensed, and the cost of that child care shall be reimbursed by
counties or agencies that contract with the department if the cost is
within the regional market rate. For purposes of this section,
"regional market rate" means care costing no more than 1.5 market
standard deviations above the mean cost of care for that region. It
is the intent of the Legislature to reimburse child care providers at
the 85th percentile of the most recent regional market rate survey.
It is also the intent of the Legislature to update the regional
market rate ceilings with each new regional market rate survey, based
on available funding, and to further increase the regional market
rate ceilings through the 2018-19 fiscal year to reflect increased
costs to providers resulting from increases in the state minimum
wage.
(b) Until December 31, 2016, the regional market rate ceilings
shall be established at 104.5 percent of the greater of either of the
following:
(1) The 85th percentile of the 2009 regional market rate survey
for that region, reduced by 10.11 percent.
(2) The 85th percentile of the 2005 regional market rate survey
for that region.
(c) Commencing January 1, 2017, and until June 30, 2018, the
regional market rate ceilings shall be established at the greater of
either of the following:
(1) The 75th percentile of the 2014 regional market rate survey
for that region.
(2) The regional market rate ceiling for that region as it existed
on December 31, 2016.
(d) Commencing July 1, 2018, the regional market rate ceilings
shall be established at the 75th percentile of the 2014 regional
market rate survey for that region.
(e) Until December 31, 2016, reimbursement to license-exempt child
care providers shall not exceed 65 percent of the family child care
home rate established pursuant to subdivisions (a) and (b).
Commencing January 1, 2017, reimbursement to license-exempt child
care providers shall not exceed 70 percent of the family child care
home rate established pursuant to subdivisions (c) and (d).
(f) Reimbursement to child care providers shall not exceed the fee
charged to private clients for the same service.
(g) Reimbursement shall not be made for child care services when
care is provided by parents, legal guardians, or members of the
assistance unit.
(h) A child care provider located on an Indian reservation or
rancheria and exempted from state licensing requirements shall meet
applicable tribal standards.
(i) For purposes of this section, "reimbursement" means a direct
payment to the provider of child care services, including
license-exempt providers. If care is provided in the home of the
recipient, payment may be made to the parent as the employer, and the
parent shall be informed of his or her concomitant legal and
financial reporting requirements. To allow time for the development
of the administrative systems necessary to issue direct payments to
providers, for a period not to exceed six months from the effective
date of this article, a county or an alternative payment agency
contracting with the department may reimburse the cost of child care
services through a direct payment to a recipient of aid rather than
to the child care provider.
(j) Counties and alternative payment programs shall not be bound
by the rate limits described in subdivisions (a) to (d), inclusive,
when there are, in the region, no more than two child care providers
of the type needed by the recipient of child care services provided
under this article.
(k) (1) Notwithstanding any other law, reimbursements to child
care providers based upon a daily rate may only be authorized under
either of the following circumstances:
(A) A family has an unscheduled but documented need of six hours
or more per occurrence, such as the parent's need to work on a
regularly scheduled day off, that exceeds the certified need for
child care.
(B) A family has a documented need of six hours or more per day
that exceeds no more than 14 days per month. In no event shall
reimbursements to a provider based on the daily rate over one month's
time exceed the provider's equivalent full-time monthly rate or
applicable monthly ceiling.
(2) This subdivision shall not limit providers from being
reimbursed for services using a weekly or monthly rate, pursuant to
subdivision (c) of Section 8222.
SEC. 5. Section 8447 of the Education Code is amended to read:
8447. (a) The Legislature hereby finds and declares that greater
efficiencies may be achieved in the execution of state subsidized
child care and development program contracts with public and private
agencies by the timely approval of contract provisions by the
Department of Finance, the Department of General Services, and the
department and by authorizing the department to establish a multiyear
application, contract expenditure, and service review as may be
necessary to provide timely service while preserving audit and
oversight functions to protect the public welfare.
(b) (1) The Department of Finance and the Department of General
Services shall approve or disapprove annual contract funding terms
and conditions, including both family fee schedules and regional
market rate schedules that are required to be adhered to by contract,
and contract face sheets submitted by the department not more than
30 working days from the date of submission, unless unresolved
conflicts remain between the Department of Finance, the department,
and the Department of General Services. The department shall resolve
conflicts within an additional 30 working day time period. Contracts
and funding terms and conditions shall be issued to child care
contractors no later than June 1. Applications for new child care
funding shall be issued not more than 45 working days after the
effective date of authorized new allocations of child care moneys.
(2) Notwithstanding paragraph (1), the department shall implement
the regional market rate schedules based upon the county aggregates,
as specified in Section 8357 and the annual Budget Act.
(3) It is the intent of the Legislature to fully fund the third
stage of child care for former CalWORKs recipients.
(c) With respect to subdivision (b), it is the intent of the
Legislature that the Department of Finance annually review contract
funding terms and conditions for the primary purpose of ensuring
consistency between child care contracts and the child care budget.
This review shall include evaluating any proposed changes to contract
language or other fiscal documents to which the contractor is
required to adhere, including those changes to terms or conditions
that authorize higher reimbursement rates, modify related adjustment
factors, modify administrative or other service allowances, or
diminish fee revenues otherwise available for services, to determine
if the change is necessary or has the potential effect of reducing
the number of full-time equivalent children that may be served.
(d) Alternative payment child care systems, as set forth in
Article 3 (commencing with Section 8220), shall be subject to the
rates established in the Regional Market Rate Survey of California
Child Care Providers for provider payments. The department shall
contract to conduct and complete a regional market rate survey no
more frequently than once every two years, consistent with federal
regulations, with a goal of completion by March 1.
(e) By March 1 of each year, the Department of Finance shall
provide to the department the state median income amount for a
four-person household in California based on the best available data.
The department shall adjust its fee schedule for child care
providers to reflect this updated state median income; however, no
changes based on revisions to the state median income amount shall be
implemented midyear.
(f) Notwithstanding the June 1 date specified in subdivision (b),
changes to the regional market rate schedules and fee schedules may
be made at any other time to reflect the availability of accurate
data necessary for their completion, provided these documents receive
the approval of the Department of Finance. The Department of Finance
shall review the changes within 30 working days of submission and
the department shall resolve conflicts within an additional 30
working day period. Contractors shall be given adequate notice before
the effective date of the approved schedules. It is the intent of
the Legislature that contracts for services not be delayed by the
timing of the availability of accurate data needed to update these
schedules.
SEC. 6. Section 11800 of the Education Code is amended to read:
11800. (a) (1) The K-12 High-Speed Network (K-12 HSN) is hereby
established for the purpose of enriching pupil educational
experiences and improving pupil academic performance by providing
high-speed, high-bandwidth Internet connectivity to the public school
system, as defined by Section 6 of Article IX of the California
Constitution.
(2) The California Education Network is hereby established,
consisting of the California Research and Education Network (CalREN)
and the K-12 HSN.
(b) The Superintendent shall measure the success of the K-12 HSN
and ensure that the benefits of the K-12 HSN are maximized to the
extent possible. The K-12 HSN shall provide critical services and
functions for public primary and secondary local educational
agencies, including, but not limited to, all of the following:
(1) Reliable and cost-effective Internet service.
(2) Reliable and secure interconnectivity among public school
entities offering kindergarten or any of grades 1 to 12, inclusive,
in California, connection to higher education institutions of
California, and connection to state and local agencies to facilitate
efficient interaction, including transmission of data.
(3) Videoconferencing and related distance learning capabilities.
(4) Statewide coordination of network uses to benefit teaching and
learning.
(c) The Superintendent shall use a competitive grant process to
select a local educational agency to serve as the Lead Education
Agency to administer the K-12 HSN on behalf of the Superintendent.
(d) The Superintendent shall establish a K-12 HSN advisory board
to be composed of all of the following members:
(1) The Superintendent, or his or her designee.
(2) The county superintendent of schools of the Lead Education
Agency.
(3) A county superintendent of schools of a county with an average
daily attendance of more than 60,000 pupils, appointed by the
Superintendent. The member appointed pursuant to this paragraph shall
serve a renewable two-year term.
(4) Three school district superintendents, appointed by the
Superintendent. Members appointed pursuant to this paragraph shall
represent school districts that are diverse as to geography and size,
and that serve socioeconomically and culturally diverse pupil
populations. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(5) Two county superintendents of schools appointed by the
majority of the votes of all of the county superintendents of
schools. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(6) Three schoolsite representatives, who shall include not less
than two classroom teachers or instructional specialists. Members
appointed pursuant to this paragraph shall serve renewable two-year
terms.
(7) The president of the state board or his or her designee.
(e) The advisory board shall meet quarterly and shall recommend
policy direction and broad operational guidance to the Superintendent
and the Lead Education Agency. The advisory board, in consultation
with the Lead Education Agency, shall develop recommendations for
measuring the success of the network, improving network oversight and
monitoring, strengthening accountability, and optimizing the use of
the K-12 HSN and its ability to improve education. The advisory board
shall report its recommendations to the Legislature, the Governor,
the Department of Finance, the president of the state board or his or
her designee, and the Legislative Analyst's Office by March 1, 2007.
It is the intent of the Legislature that the report identify and
recommend specific annual performance measures that should be
established to assess the effectiveness of the network.
(f) The duties of the Lead Education Agency shall include all of
the following:
(1) Entering into appropriate contracts for the provision of
high-speed, high-bandwidth Internet connectivity, provided the
contracts secure the necessary terms and conditions to adequately
protect the interests of the state. Terms and conditions shall
include, but are not limited to, all of the following:
(A) Development of comprehensive service level agreements.
(B) Protection of any ownership
rights of intellectual property of the state that result due to
participation of the state in the K-12 HSN.
(C) Appropriate protection of assets of the state acquired due to
its participation in the K-12 HSN.
(D) Assurance that appropriate fee structures are in place.
(E) Assurance that any interest earned on funds of the state for
this purpose are used solely to the benefit of the project.
(2) Development of an annual budget request for the K-12 HSN for
submission to the department and the Department of Finance to be
included in the annual Budget Act.
(3) Development, in consultation with the advisory board
established pursuant to subdivision (d), of specific goals and
objectives for the program with appropriate reporting of success
measures developed by the Superintendent pursuant to subdivision (b).
(4) Ongoing fiscal oversight of the program, including mechanisms
to control statewide costs and exposure. To accomplish this
objective, the Lead Education Agency shall contract for an annual
independent audit of the program. The independent auditor shall
report the audit findings to the Superintendent, the Legislature, and
the Governor by December 15 of each year.
(5) Ongoing technical oversight of the program, including external
evaluation and independent validation, where appropriate. To
accomplish this objective, the Lead Education Agency shall contract
for an independent evaluation to be completed and provided to the
Superintendent by March 1, 2009. The Superintendent shall report the
results of the evaluation, including a response and recommendations
to correct any adverse findings from the evaluation, to the Governor
and the Legislature by April 30, 2009.
(6) (A) Administering grant programs to promote the most
cost-effective manner for the completion of connectivity for all
public schools of the state and cost-effective applications that meet
instructional needs to the extent that funds are provided for these
purposes in the annual Budget Act.
(B) Before the appropriation of any state funds for the purposes
of this paragraph, the Lead Education Agency shall submit information
justifying the need for additional grant funds, including, but not
limited to, all of the following:
(i) The number of schools and school districts that are already
connected.
(ii) The means by which the costs associated with connectivity
were covered for schools and school districts that are already
connected.
(iii) Obstacles to connection for those schools and school
districts that are not yet connected.
(iv) Other local options and funding sources for purposes of
connectivity and applications.
(g) The Superintendent shall apportion funds appropriated for the
program in a given fiscal year in compliance with both of the
following:
(1) Three-fourths of the total amount appropriated shall be
apportioned by August 31.
(2) Up to one-fourth of the total amount appropriated shall be
apportioned by January 31.
SEC. 7. Section 41203.1 of the Education Code is amended to read:
41203.1. (a) For the 1990-91 fiscal year and each fiscal year
thereafter, allocations calculated pursuant to Section 41203 shall be
distributed in accordance with calculations provided in this
section. Notwithstanding Section 41203, and for purposes of this
section, school districts, community college districts, and direct
elementary and secondary level instructional services provided by the
State of California shall be regarded as separate segments of public
education, and each of these three segments of public education
shall be entitled to receive respective shares of the amount
calculated pursuant to Section 41203 as though the calculation made
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution were to be applied separately to each segment
and the base year for purposes of this calculation under paragraph
(1) of subdivision (b) of Section 8 of Article XVI of the California
Constitution were based on the 1989-90 fiscal year. Calculations made
pursuant to this subdivision shall be made so that each segment of
public education is entitled to the greater of the amounts calculated
for that segment pursuant to paragraph (1) or (2) of subdivision (b)
of Section 8 of Article XVI of the California Constitution.
(b) If the single calculation made pursuant to Section 41203
yields a guaranteed amount of funding that is less than the sum of
the amounts calculated pursuant to subdivision (a), the amount
calculated pursuant to Section 41203 shall be prorated for the three
segments of public education.
(c) Notwithstanding any other law, this section does not apply to
the 1992-93 to the 2016-17 fiscal years, inclusive.
SEC. 8. Section 41207.42 is added to the Education Code, to read:
41207.42. (a) (1) The sum of two hundred eighteen million dollars
($218,000,000) is hereby appropriated in the 2016-17 fiscal year
from the General Fund for allocation to school districts and
community college districts for the purpose of offsetting the 2009-10
fiscal year outstanding balance of the minimum funding obligation to
school districts and community college districts pursuant to Section
8 of Article XVI of the California Constitution.
(2) The amount appropriated pursuant to paragraph (1) shall be
allocated to school districts and community college districts, as
described in subdivision (a) of Section 41203.1, in accordance with
the following:
(A) One hundred ninety-four million one hundred seventy-three
thousand dollars ($194,173,000) for transfer by the Controller to
Section A of the State School Fund for allocation by the
Superintendent pursuant to this section.
(B) Twenty-three million eight hundred twenty-seven thousand
dollars ($23,827,000) for transfer by the Controller to Section B of
the State School Fund for allocation by the Chancellor of the
California Community Colleges to community colleges districts for
deferred maintenance, instructional materials, and other activities,
as specified in Provision 20 of Item 6870-101-0001 of the Budget Act
of 2016.
(3) The amount allocated to school districts pursuant to
subparagraph (A) of paragraph (2) shall be distributed on the basis
of an equal amount per unit of regular average daily attendance, as
those average daily attendance numbers are reported at the time of
the second principal apportionment for the 2015-16 fiscal year.
(4) The amount allocated to community college districts pursuant
to subparagraph (B) of paragraph (2) shall be distributed on the
basis of an equal amount per enrolled full-time equivalent student,
as those numbers of students are reported at the time of the second
principal apportionment for the 2015-16 fiscal year.
(5) For purposes of this section, a school district includes a
county office of education and a charter school.
(b) For purposes of Section 8 of Article XVI of the California
Constitution, the amounts appropriated and allocated pursuant to this
section shall be applied to the outstanding balance of the minimum
funding obligation to school districts and community college
districts pursuant to Section 8 of Article XVI of the California
Constitution for the 2009-10 fiscal year and shall be deemed to be
appropriations made and allocated in that fiscal year in which the
deficiencies resulting in the outstanding balance were incurred.
(c) Funding received by school districts pursuant to subparagraph
(A) of paragraph (2) of subdivision (a) shall first be deemed to be
paid in satisfaction of any outstanding claims pursuant to Section 6
of Article XIII B of the California Constitution, for reimbursement
of state-mandated local program costs for any fiscal year.
Notwithstanding Section 12419.5 of the Government Code and any
amounts that are deemed pursuant to this subdivision to be paid in
satisfaction of outstanding claims for reimbursement of
state-mandated local program costs, the Controller may audit any
claim as allowed by law and may recover any amount owed by school
districts pursuant to an audit only by reducing amounts owed for any
other mandate claims. Under no circumstances shall a school district
be required to remit funding back to the state to pay for disallowed
costs identified by a Controller audit of claimed reimbursable
state-mandated local program costs. The Controller shall not recover
any amount owed by a school district pursuant to an audit of claimed
reimbursable state-mandated local program costs by reducing any
amount owed a school district for any purpose other than amounts owed
for any other mandate claims. The Controller shall apply amounts
received by each school district against any balances of unpaid
claims for reimbursement of state-mandated local program costs and
interest in chronological order, beginning with the earliest claim.
The Controller shall report to each school district the amounts of
any claims and interest that are offset from funds provided pursuant
to this section and shall report a summary of the amounts offset for
each mandate for each fiscal year to the Department of Finance and
the fiscal committees of the Legislature.
(d) (1) The governing board of a school district may expend the
one-time funds received pursuant to subparagraph (A) of paragraph (2)
of subdivision (a) for any purpose, as determined by the governing
board of the school district.
(2) It is the intent of the Legislature that school districts
prioritize the use of these one-time funds for deferred maintenance,
professional development for educators, induction for beginning
teachers with a focus on relevant mentoring, instructional materials,
technology infrastructure, and any other investments necessary to
support implementation of California's academic standards.
SEC. 9. Article 8 (commencing with Section 41580) is added to
Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
Code, to read:
Article 8. College Readiness Block Grant
41580. (a) The sum of two hundred million dollars ($200,000,000)
is hereby appropriated from the General Fund to the Superintendent
for transfer by the Controller to Section A of the State School Fund
for allocation by the Superintendent to establish the College
Readiness Block Grant in the manner and for the purposes set forth in
this section.
(b) The College Readiness Block Grant is hereby established for
the purposes of providing California's high school pupils,
particularly unduplicated pupils as defined in Sections 42238.01 and
42238.02, additional supports to increase the number who enroll at
institutions of higher education and complete an undergraduate degree
within four years.
(c) The Superintendent shall allocate an equal amount per
unduplicated pupil enrolled in grades 9 through 12 during the 2015-16
fiscal year to school districts, county offices of education, and
charter schools. No school district, county office of education, or
charter school serving at least one unduplicated pupil in grades 9
through 12 during the 2015-16 fiscal year shall receive a total
allocation of less than seventy five thousand dollars ($75,000). A
school district, county office of education, or charter school shall
be eligible for an allocation pursuant to this subdivision only for
unduplicated pupils, as defined in Sections 42238.01 and 42238.02,
attending a school that is currently accredited or in the process of
obtaining accreditation from the Accrediting Commission for Schools,
Western Association of Schools and Colleges. These funds are
available for expenditure or encumbrance through the 2018-19 fiscal
year.
(d) Block grant funds apportioned to eligible local educational
agencies shall be used for activities that directly support pupil
access and successful matriculation to institutions of higher
education. Eligible activities may include, but are not limited to,
the following:
(1) Providing teachers, administrators, and counselors with
professional development opportunities to improve pupil A-G course
completion rates, pupil college-going rates, and college readiness of
pupils, including providing for the development of honors and
Advanced Placement courses.
(2) Beginning or increasing counseling services to pupils and
their families regarding college admission requirements and financial
aid programs.
(3) Developing or purchasing materials that support college
readiness, including materials that support high performance on
assessments required for admittance to a postsecondary educational
institution.
(4) Developing comprehensive advising plans to support pupil
completion of A-G course requirements.
(5) Implementing collaborative partnerships between high schools
and postsecondary educational institutions that support pupil
transition to postsecondary education, including, but not limited to,
strengthening existing partnerships with the University of
California and the California State University to establish early
academic outreach and college preparatory programs.
(6) Providing subsidies to unduplicated pupils, as defined in
Sections 42238.01 and 42238.02, to pay fees for taking advanced
placement exams.
(7) Expanding access to coursework or other opportunities to
satisfy A-G course requirements to all pupils, including, but not
necessarily limited to, pupils enrolled in schools identified by the
department as high schools with 75 percent or greater enrollment of
unduplicated pupils, pursuant to subdivision (g). These opportunities
may include, but shall not be limited to, new or expanded
partnerships with other secondary or postsecondary educational
institutions.
(e) As a condition for receiving funds under this article, a
school district, county office of education, or charter school shall
develop a plan describing how the funds will increase or improve
services for unduplicated pupils to ensure college readiness. The
plan shall include information regarding how it aligns with the
school district's local control and accountability plan required
pursuant to Section 52060, the county superintendent of schools'
local control and accountability plan required pursuant to Section
52066, or the charter school's local control and accountability plan
required pursuant to Section 47605 or 47605.6 and Section 47606.5.
The plan shall also include a description of the extent to which all
pupils within the school district, county office of education, or
charter school, particularly unduplicated pupils, as defined in
Sections 42238.01 and 42238.02, will have access to A-G courses
approved by the University of California. In order to ensure
community and stakeholder input, the plan shall be discussed at a
regularly scheduled meeting by the governing board of the school
district, county board of education, or governing body of the charter
school and adopted at a subsequent regularly scheduled meeting.
(f) As a condition for receiving funds under this article, grant
recipients shall report to the Superintendent by January 1, 2017, on
how they will measure the impact of the funds received on their
unduplicated pupils' access and successful matriculation to
institutions of higher education, as identified within their plan.
The department shall compile the information reported pursuant to
this subdivision and submit a report to the appropriate policy and
fiscal committees of the Legislature on or before April 30, 2017, and
shall update the state board on the contents of that report at a
regularly scheduled meeting of the state board.
(g) The Superintendent shall annually post on its Internet Web
site a list of each school with a percentage of unduplicated pupils
in grades 9 to 12, inclusive, of at least 75 percent of the school's
total enrollment in grades 9 to 12, inclusive.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202, for the 2015-16 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202,
for the 2015-16 fiscal year.
SEC. 10. Section 42920.5 of the Education Code is amended to read:
42920.5. (a) Commencing with the 2015-16 fiscal year, and each
fiscal year thereafter, the Foster Youth Services Coordinating
Program, administered by the Superintendent, is hereby established to
provide supplemental funding to county offices of education, or a
consortium of county offices of education, to coordinate and ensure
that local educational agencies within its jurisdiction are providing
services to foster youth pupils pursuant to the plan established in
Section 42921, with the purpose of ensuring positive educational
outcomes.
(b) A foster youth services coordinating program shall meet
minimum standards established by the Superintendent to ensure the
provisions of Section 42921 are implemented, and shall be required to
meet those minimum standards annually as a condition of continued
funding.
(c) As a condition of receiving funds, a county office of
education, or a consortium of county offices of education, shall work
with the local educational agencies within the county or consortium
of counties, and shall coordinate services to ensure that, for the
2015-16 and 2016-17 fiscal years, the level of direct services
provided to support foster youth pupils is not less than what was
provided in the 2014-15 fiscal year through the foster youth services
program established pursuant to Section 42921, as it read on June
30, 2015. In meeting this requirement, services for foster youth
pupils may be provided through one or any combination of state
funding, including, but not limited to, the local control funding
formula, or federal, local, or other funding.
(d) For the 2015-16 fiscal year, the allocation amount for which
any county office of education or consortium of county offices of
education is eligible shall not be less than the amount allocated to
that county or consortium in the 2014-15 fiscal year, including the
allocation amounts of school districts identified in Section 42920,
as it read on June 30, 2015. This subdivision applies only if a
county office of education or consortium of county offices of
education elects to apply for grant funding pursuant to Section
42921.
(e) On or before October 31, 2015, the Superintendent shall
develop an allocation formula to determine the allocation amounts for
which each county office of education or consortium of county
offices of education is eligible. The Superintendent, within 30 days
of the developing the allocation formula, shall submit the allocation
formula to the appropriate policy and fiscal committees of the
Legislature and the Department of Finance for review, and the
Department of Finance shall approve the allocation formula within 30
days of submission by the Superintendent. The allocation formula may
be revised annually upon submission to the appropriate policy and
fiscal committees of the Legislature and approval by the Department
of Finance within 30 days of submission by the Superintendent. The
Superintendent may include additional criteria in the allocation
formula, but shall apply, at a minimum, the following criteria:
(1) The number of pupils in foster care in the county.
(2) The number of school districts in the county.
(f) Notwithstanding subdivision (e), commencing with the 2016-17
fiscal year, the Superintendent shall provide a base grant of
seventy-five thousand dollars ($75,000) to each participating county
office of education or consortium of county offices of education that
served at least one foster youth pupil in the prior fiscal year.
(g) After providing base grants pursuant to subdivision (f), the
Superintendent shall allocate the remaining funding to participating
county offices of education or consortium of county offices of
education based on the following criteria:
(1) Seventy percent of the allocation shall be based on the number
of pupils in foster care in the county.
(2) Thirty percent of the allocation shall be based on the number
of school districts in the county.
(h) The allocation pursuant to subdivision (g) shall be applied
after consideration of subdivision (b) of Section 42926.
(i) For purposes of this chapter, "local educational agency" means
a county office of education, school district, or charter school.
SEC. 11. Section 44259.1 of the Education Code is amended to read:
44259.1. (a) (1) An integrated program of professional
preparation shall enable candidates for teaching credentials to
engage in professional preparation, concurrently with subject matter
preparation, while completing baccalaureate degrees at regionally
accredited postsecondary educational institutions. An integrated
program shall provide opportunities for candidates to complete
intensive field experiences, including student teaching, in public
elementary and secondary schools early in the undergraduate sequence.
The development and implementation of an integrated program shall be
based on intensive collaboration among subject matter departments
and education units within postsecondary educational institutions and
local public elementary and secondary school districts.
(2) A postsecondary educational institution may offer a four-year
or five-year integrated program of professional preparation that
allows a student to earn a baccalaureate degree and a preliminary
multiple or single subject teaching credential, or an education
specialist instruction credential authorizing the holder to teach
special education, including student teaching requirements,
concurrently and within four or five years of study.
(3) The commission shall encourage postsecondary educational
institutions to offer integrated programs of professional preparation
that follow the guidelines developed pursuant to this section. In
approving integrated programs, the commission shall not compromise or
reduce its standards of subject matter preparation pursuant to
Article 6 (commencing with Section 44310) or its standards of
professional preparation pursuant to paragraph (3) of subdivision (b)
of Section 44259.
(4) The commission shall, as part of its accreditation process,
collect information about integrated programs of professional
preparation, including which postsecondary educational institutions
offer integrated programs of professional preparation and the number
and type of credentials the programs produce.
(b) (1) Commencing with the 2005-06 school year, an integrated
program offered by the California State University shall be designed
to concurrently lead to a preliminary multiple subject or single
subject teaching credential, or an education specialist instruction
credential authorizing the holder to teach special education, and a
baccalaureate degree. Recommendation for each shall be contingent
upon satisfactory completion of the requirements for each.
(2) By July 1, 2004, the Chancellor of the California State
University, in consultation with California State University faculty
members, shall develop a framework defining appropriate balance for
an integrated program of general education, subject matter
preparation, and professional education courses, for both lower
division and upper division students, including an appropriate range
of units to be taken in professional education courses. In developing
the framework, the Chancellor of the California State University and
California State University faculty members shall consult with the
Academic Senate for the California Community Colleges on matters
related to the effective and efficient use of, and appropriate role
for, lower division coursework in an integrated program.
(c) (1) By January 1, 2005, the Chancellor of the California State
University and the Chancellor of the California Community Colleges
shall collaboratively ensure that both of the following occur:
(A) Lower division coursework completed by a community college
student transferring to a California State University integrated
program is articulated with the corresponding coursework of the
California State University.
(B) The articulated community college lower division coursework is
accepted as the equivalent to the coursework offered to students who
enter that integrated program as freshman students.
(2) Commencing with the 2005-06 school year, each campus of the
California State University shall invite the community colleges in
its region that send significant numbers of transfer students to that
campus to enter into articulation agreements. These articulation
agreements shall be based on a fully transferable education
curriculum that is developed pursuant to the framework developed
under paragraph (2) of subdivision (b). Approval of one or more of
the articulation agreements will enable the coursework of a community
college student to be accepted as the equivalent to the coursework
offered to students who enter that integrated program as freshman
students.
(d) A postbaccalaureate program of professional preparation shall
enable candidates for teaching credentials to commence and complete
professional preparation after they have completed baccalaureate
degrees at regionally accredited postsecondary educational
institutions. The development and implementation of a
postbaccalaureate program of professional preparation shall be based
on intensive collaboration among the postsecondary educational
institution and local public elementary and secondary school
districts.
(e) (1) The commission shall develop and implement a program to
award grants of up to two hundred fifty thousand dollars ($250,000)
each to postsecondary educational institutions for the development of
transition plans to guide the creation of four-year integrated
programs of professional preparation including student teaching.
(2) A postsecondary educational institution awarded a grant under
this subdivision may use the transition plan to create a new
four-year integrated program of professional preparation or to adapt
an existing integrated program of professional preparation to a
four-year integrated program of professional preparation.
(3) A postsecondary educational institution awarded a grant under
this subdivision may use grant funds for any proper purpose in
support of planning for a four-year integrated program of
professional preparation, including, but not limited to, any of the
following:
(A) To provide faculty release time to redesign existing courses.
(B) To provide
program coordinators to assist in collaboration with subject-matter
professors and pedagogy professors.
(C) To create summer courses for students in a four-year
integrated program of professional preparation.
(D) To recruit individuals for participation as students in
four-year integrated programs of professional preparation.
(4) In awarding grants pursuant to the program, the commission
shall grant priority to proposals for the establishment of four-year
integrated programs of professional preparation designed to do both
of the following:
(A) Produce teachers with either an education specialist
instruction credential authorizing the holder to teach special
education or a single subject teaching credential in the areas of
mathematics or science, or teaching in the area of bilingual
education.
(B) Partner with a California Community College to create a
four-year integrated program of professional preparation.
(5) As a condition of the receipt of a grant, a postsecondary
educational institution shall provide to the commission program and
outcome data for at least three years after receiving the grant. The
information shall include program design and features, the number of
graduates, the number and type of credentials earned, the time taken
to earn a degree and credential, and any other information the
commission may require for the purpose of documenting the effect of
the grant and identifying effective practices in program design and
implementation.
(6) The requirements of this subdivision are contingent upon the
appropriation of funds for the purposes of this subdivision in the
annual Budget Act or another statute.
(7) The commission may use up to one hundred thousand dollars
($100,000) to administer the grants pursuant to Department of Finance
approval.
SEC. 12. Section 44390 of the Education Code is repealed.
SEC. 13. Section 44391 of the Education Code is amended to read:
44391. This article shall be known, and may be cited, as the
California Classified School Employee Teacher Credentialing Program.
SEC. 14. Section 44392 of the Education Code is amended to read:
44392. For the purposes of this article, unless the context
clearly requires otherwise, the following terms shall have the
following meanings:
(a) "Applicant" means a school district, charter school, or county
office of education applying for program funds under the California
Classified School Employee Teacher Credentialing Program.
(b) "Institutions of higher education" means the California
Community Colleges, the California State University, the University
of California, and private not-for-profit institutions of higher
education that offer a commission-approved teacher preparation
program.
(c) "Participant" means a classified school employee who elects to
participate in the California Classified School Employee Teacher
Credentialing Program.
(d) "Program" means the California Classified School Employee
Teacher Credentialing Program.
(e) "Classified school employee" means a noncertificated school
employee currently working in a public school.
(f) "Teacher training program" means an undergraduate or graduate
program of instruction conducted by a teacher preparation program
approved by the commission that includes a developmentally sequenced
career ladder to provide instruction, coursework, and clearly defined
tasks for each level of the ladder, and that is designed to qualify
students enrolled in the program for a teaching credential
authorizing instruction in kindergarten and grades 1 to 12,
inclusive.
SEC. 15. Section 44393 of the Education Code is amended to read:
44393. (a) The California Classified School Employee Teacher
Credentialing Program is hereby established for the purpose of
recruiting classified school employees to participate in a program
designed to encourage them to enroll in teacher training programs and
to provide instructional service as teachers in the public schools.
(b) Subject to an appropriation for these purposes in the annual
Budget Act or another statute, the commission shall issue a request
for proposals to all school districts, charter schools, and county
offices of education in the state in order to solicit applications
for funding. The criteria adopted by the commission for the selection
of school districts, charter schools, or county offices of education
to participate in the program shall include all of the following:
(1) The extent to which the applicant demonstrates the capacity
and willingness to accommodate the participation of classified school
employees in teacher training programs conducted at institutions of
higher education or a local educational agency.
(2) The extent to which the applicant's plan for the
implementation of its recruitment program involves the active
participation of one or more local campuses of the participating
institutions of higher education in the development of coursework and
teaching programs for participating classified school employees.
Each selected applicant shall be required to enter into a written
articulation agreement with the participating campuses of the
institutions of higher education.
(3) The extent to which the applicant's plan for recruitment
attempts to meet the demand for teachers in shortage areas in
transitional kindergarten, kindergarten, and grades 1 to 12,
inclusive.
(4) The extent to which a developmentally sequenced series of job
descriptions leads from an entry-level classified school employee
position to an entry-level teaching position in that school district,
charter school, or county office of education.
(5) The extent to which the applicant's plan for recruitment
attempts to meet its own specific teacher needs.
(c) An applicant that is selected to participate pursuant to
subdivision (b) shall provide information about the program to all
eligible classified school employees in the school district, charter
school, or county office of education and assistance to each
classified school employee it recruits under the program regarding
admission to a teacher training program.
(d) (1) An applicant shall require participants to satisfy both of
the following requirements before participating in the program:
(A) Pass a criminal background check.
(B) Provide verification of one of the following:
(i) Has earned an associate or higher level degree.
(ii) Has successfully completed at least two years of study at a
postsecondary educational institution.
(2) An applicant shall certify that it has received a commitment
from each participant that he or she will accomplish all of the
following:
(A) Graduate from an institution of higher education under the
program with a bachelor's degree.
(B) Complete all of the requirements for, and obtain, a multiple
subject, single subject, or education specialist teaching credential.
(C) Complete one school year of classroom instruction in the
school district, charter school, or county office of education for
each year that he or she receives assistance for books, fees, and
tuition while attending an institution of higher education under the
program.
(e) The commission shall contract with an independent evaluator
with a proven record of experience in assessing teacher training
programs to conduct an evaluation to determine the success of the
program. The evaluation shall be completed on or before July 1, 2021.
The commission shall submit the completed evaluation to the Governor
and the education policy and fiscal committees of the Assembly and
Senate.
(f) On or before January 1 of each year, the commission shall
report to the Legislature regarding the status of the program,
including, but not limited to, the number of classified school
employees recruited, the academic progress of the classified school
employees recruited, the number of classified school employees
recruited who are subsequently employed as teachers in the public
schools, the degree to which the applicant meets the teacher shortage
needs of the school district, charter school, or county office of
education, and the ethnic and racial composition of the participants
in the program. The report shall be made in conformance with Section
9795 of the Government Code.
SEC. 16. Section 46116 of the Education Code is amended to read:
46116. (a) No later than July 1, 2017, the Superintendent shall
provide the Legislature with an evaluation of kindergarten program
implementation in the state, including part-day and full-day
kindergarten programs. The evaluation shall include recommended best
practices for providing full-day kindergarten programs.
(b) The evaluation shall include an estimate of the average costs,
including fixed and marginal costs, associated with full-day and
part-day kindergarten programs and options for incentivizing full-day
kindergarten, including providing differentiated funding rates for
full-day and part-day kindergarten.
(c) The evaluation shall include a sample of local educational
agencies' full-day and part-day kindergarten programs from across the
state. It is the intent of the Legislature that this sample be
representative of the diversity of the state, and shall include both
urban and rural and small and large local educational agencies within
school districts.
(d) The report required pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
(e) This section shall not become operative until the Legislature
makes an appropriation for these purposes in the annual Budget Act or
in any other statute.
(f) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 17. Section 47604.32 of the Education Code is amended to
read:
47604.32. (a) Each chartering authority, in addition to any other
duties imposed by this part, shall do all of the following with
respect to each charter school under its authority:
(1) Identify at least one staff member as a contact person for the
charter school.
(2) Visit each charter school at least annually.
(3) Ensure that each charter school under its authority complies
with all reports required of charter schools by law, including the
local control and accountability plan and annual update to the local
control and accountability plan required pursuant to Section 47606.5.
(4) Monitor the fiscal condition of each charter school under its
authority.
(5) Provide timely notification to the department if any of the
following circumstances occur or will occur with regard to a charter
school for which it is the chartering authority:
(A) A renewal of the charter is granted or denied.
(B) The charter is revoked.
(C) The charter school will cease operation for any reason.
(b) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
SEC. 18. Section 47604.33 of the Education Code is amended to
read:
47604.33. (a) Each charter school shall annually prepare and
submit the following reports to its chartering authority and the
county superintendent of schools, or only to the county
superintendent of schools if the county board of education is the
chartering authority:
(1) On or before July 1, a preliminary budget. For a charter
school in its first year of operation, the information submitted
pursuant to subdivision (g) of Section 47605 satisfies this
requirement.
(2) On or before July 1, a local control and accountability plan
and an annual update to the local control and accountability plan
required pursuant to Section 47606.5.
(3) On or before December 15, an interim financial report. This
report shall reflect changes through October 31.
(4) On or before March 15, a second interim financial report. This
report shall reflect changes through January 31.
(5) On or before September 15, a final unaudited report for the
full prior year.
(b) The chartering authority shall use any financial information
it obtains from the charter school, including, but not limited to,
the reports required by this section, to assess the fiscal condition
of the charter school pursuant to paragraph (4) of subdivision (a) of
Section 47604.32.
(c) The cost of performing the duties required by this section
shall be funded with supervisorial oversight fees collected pursuant
to Section 47613.
SEC. 19. Section 47606.5 of the Education Code is amended to read:
47606.5. (a) On or before July 1, 2015, and each year thereafter,
a charter school shall update the goals and annual actions to
achieve those goals identified in the charter pursuant to
subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605
or subparagraph (A) of paragraph (5) of subdivision (b) of Section
47605.6. The local control and accountability plan and annual update
to the local control and accountability plan shall be developed using
the template adopted pursuant to Section 52064 and shall include all
of the following:
(1) A review of the progress toward the goals included in the
charter, an assessment of the effectiveness of the specific actions
described in the charter toward achieving the goals, and a
description of changes to the specific actions the charter school
will make as a result of the review and assessment.
(2) A listing and description of the expenditures for the fiscal
year implementing the specific actions included in the charter as a
result of the reviews and assessment required by paragraph (1).
(b) The expenditures identified in subdivision (a) shall be
classified using the California School Accounting Manual pursuant to
Section 41010.
(c) For purposes of the review required by subdivision (a), a
governing body of a charter school may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) or
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.
(d) To the extent practicable, data reported pursuant to this
section shall be reported in a manner consistent with how information
is reported on a school accountability report card.
(e) The charter school shall consult with teachers, principals,
administrators, other school personnel, parents, and pupils in
developing the local control and accountability plan and annual
update to the local control and accountability plan.
SEC. 20. Section 49550.3 of the Education Code is amended to read:
49550.3. (a) Because a hungry child cannot learn, the Legislature
intends, as a state nutrition and health policy, that the School
Breakfast Program be made available in all schools where it is needed
to provide adequate nutrition for children in attendance.
(b) The department, in cooperation with school districts and
county superintendents of schools, shall provide information and
limited financial assistance to encourage program startup and
expansion into all qualified schools, as follows:
(1) Provide information to school districts and county
superintendents of schools concerning the benefits and availability
of the School Breakfast Program.
(2) Each year, provide additional information and financial
assistance to schools in the state, in which 20 percent or more of
the school enrollment consists of children who have applied and
qualify for free and reduced-price meals.
(c) The department shall award grants of up to fifteen thousand
dollars ($15,000) per schoolsite on a competitive basis to school
districts, county superintendents of schools, or entities approved by
the department, limited to an amount subject to budget
appropriations each fiscal year, for nonrecurring expenses incurred
in initiating or expanding a school breakfast program under this
section or a summer food service program pursuant to Article 10.7
(commencing with Section 49547).
(d) Grants awarded under this section shall be used for
nonrecurring costs of initiating or expanding a school breakfast
program or a summer food service program, including the acquisition
of equipment, training of staff in new capacities, outreach efforts
to publicize new or expanded school breakfast programs or summer food
service programs, minor alterations to accommodate new equipment,
computer point-of-service systems for food service, and the purchase
of vehicles for transporting food to schools. Funds may not be used
for salaries and benefits of staff, food, computers, except computer
point-of-service systems, or capital outlay.
(e) In making grant awards under this section in any fiscal year,
the department shall give a preference to school districts and county
superintendents of schools that do all of the following:
(1) Submit to the department a plan to start or expand school
breakfast programs or summer food service programs in the school
district or the county, including a description of the following:
(A) The manner in which the school district or county
superintendent of schools will provide technical assistance and
funding to schoolsites to expand those programs.
(B) Detailed information on the nonrecurring expenses needed to
initiate a program.
(C) Public or private resources that have been assembled to carry
out expansion of these programs during that year.
(2) Agree to operate the school breakfast program or the summer
food service program for a period of not less than three years.
(3) Assure that the expenditure of funds from state and local
resources for the maintenance of the school breakfast program or the
summer food service program shall not be diminished as a result of
grant awards received under this section.
(f) A grant awarded under this section may be used to implement a
school breakfast program that serves breakfast after the start of the
schoolday.
SEC. 21. Article 2 (commencing with Section 51710) is added to
Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code,
to read:
Article 2. Mathematics Readiness Challenge
51710. (a) The Mathematics Readiness Challenge program is hereby
established.
(b) It is the intent of the Legislature that the program support
the implementation and evaluation of grade 12 experiences that are
designed to prepare pupils for placement into college-level courses
in mathematics.
(c) Funds appropriated in Item 6100-195-0890 of Section 2.00 of
the Budget Act of 2016 shall be available for purposes of this
article.
(d) (1) The program shall be administered by the department, and
shall adhere to the minimum criteria, standards, and requirements
that are applicable pursuant to Part A (commencing with Section 201)
of Title II of the federal Elementary and Secondary Education Act
(Public Law 107-110).
(2) The department shall make awards to eligible partnerships
selected by a committee consisting of three representatives, with one
from each of the following:
(A) The department.
(B) The California State University.
(C) The California Mathematics Project established pursuant to
Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of
Division 14 of Title 3.
(3) The committee shall consult with the president of the state
board or his or her designee before selecting eligible partnerships
pursuant to this article.
(e) A grant made pursuant to this article shall only be made to an
eligible partnership that includes participation by each of the
following entities:
(1) At least one division of a postsecondary educational
institution that prepares teachers and principals.
(2) At least one school of arts and sciences of a postsecondary
educational institution.
(3) At least one high-need local educational agency.
(f) The department shall award grants of one million two hundred
eighty thousand dollars ($1,280,000) each to five eligible
partnerships selected by the committee.
(g) It is the intent of the Legislature that all of the following
occur:
(1) These funds support different kinds of grade 12 experiences to
allow for the evaluation of the effectiveness of various
experiences.
(2) The grade 12 experiences focus on the needs of pupils who have
completed three years of college-preparatory mathematics courses but
are not expected to be deemed ready for college-level mathematics
courses upon matriculation to a postsecondary educational
institution.
(3) The grade 12 experiences be implemented by no later than the
2017-18 school year.
(h) The committee shall select eligible partnerships such that
each eligible partnership that receives a grant would implement a
grade 12 experience sufficiently different from those that would be
implemented by other eligible partnerships that receive awards. The
committee shall give preference to partnerships that include local
educational agencies whose high school graduates have high
mathematics remediation rates based on California State University
freshmen enrollment data.
(i) Grants awarded pursuant to this article shall be used for
professional development for teachers, paraprofessionals, and
principals for purposes of this article and for the development and
provision of assistance necessary for the professional development of
those individuals, consistent with federal law.
(j) As a condition of receiving a grant award, eligible
partnerships shall commit to both of the following:
(1) Making any new course materials, including curriculum, widely
available or available as open educational resources.
(2) Sharing information about their policies and practices and
evidence regarding the effectiveness of those policies and practices
in preparing pupils for college-level courses in mathematics with
other entities within their regions and across the state.
(k) On or before November 30, 2018, the Trustees of the California
State University shall report to the Director of Finance and the
Legislature, in conformance with Section 9795 of the Government Code,
any policy changes made based on evidence collected through the
program.
SEC. 22. Section 51747 of the Education Code is amended to read:
51747. A school district or county office of education shall not
be eligible to receive apportionments for independent study by
pupils, regardless of age, unless it has adopted written policies,
and has implemented those policies, pursuant to rules and regulations
adopted by the Superintendent, that include, but are not limited to,
all of the following:
(a) The maximum length of time, by grade level and type of
program, that may elapse between the time an independent study
assignment is made and the date by which the pupil must complete the
assigned work.
(b) The number of missed assignments that will be allowed before
an evaluation is conducted to determine whether it is in the best
interests of the pupil to remain in independent study, or whether he
or she should return to the regular school program. A written record
of the findings of any evaluation made pursuant to this subdivision
shall be treated as a mandatory interim pupil record. The record
shall be maintained for a period of three years from the date of the
evaluation and, if the pupil transfers to another California public
school, the record shall be forwarded to that school.
(c) A requirement that a current written agreement for each
independent study pupil shall be maintained on file, including, but
not limited to, all of the following:
(1) The manner, time, frequency, and place for submitting a pupil'
s assignments and for reporting his or her progress.
(2) The objectives and methods of study for the pupil's work, and
the methods utilized to evaluate that work.
(3) The specific resources, including materials and personnel,
that will be made available to the pupil.
(4) A statement of the policies adopted pursuant to subdivisions
(a) and (b) regarding the maximum length of time allowed between the
assignment and the completion of a pupil's assigned work, and the
number of missed assignments allowed before an evaluation of whether
or not the pupil should be allowed to continue in independent study.
(5) The duration of the independent study agreement, including the
beginning and ending dates for the pupil's participation in
independent study under the agreement. No independent study agreement
shall be valid for any period longer than one school year.
(6) A statement of the number of course credits or, for the
elementary grades, other measures of academic accomplishment
appropriate to the agreement, to be earned by the pupil upon
completion.
(7) The inclusion of a statement in each independent study
agreement that independent study is an optional educational
alternative in which no pupil may be required to participate. In the
case of a pupil who is referred or assigned to any school, class, or
program pursuant to Section 48915 or 48917, the agreement also shall
include the statement that instruction may be provided to the pupil
through independent study only if the pupil is offered the
alternative of classroom instruction.
(8) (A) Each written agreement shall be signed, before the
commencement of independent study, by the pupil, the pupil's parent,
legal guardian, or caregiver, if the pupil is less than 18 years of
age, the certificated employee who has been designated as having
responsibility for the general supervision of independent study, and
all persons who have direct responsibility for providing assistance
to the pupil. For purposes of this paragraph "caregiver" means a
person who has met the requirements of Part 1.5 (commencing with
Section 6550) of Division 11 of the Family Code.
(B) Signed written agreements, supplemental agreements, assignment
records, work samples, and attendance records assessing time value
of work or evidence that an instructional activity occurred may be
maintained as an electronic file.
(C) For purposes of this section, an electronic file includes a
computer or electronic stored image of an original document,
including, but not limited to, portable document format (PDF), JPEG,
or other digital image file type, that may be sent via fax machine,
email, or other electronic means.
(D) Either an original document or an electronic file of the
original document is allowable documentation for auditing purposes.
SEC. 23. Section 52052 of the Education Code is amended to read:
52052. (a) (1) The Superintendent, with the approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools and school districts, especially the
academic performance of pupils.
(2) A school or school
district shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school or school district, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners.
(D) Pupils with disabilities.
(E) Foster youth.
(F) Homeless youth.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that consists of at least 30 pupils, each of
whom has a valid test score.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who
are foster youth or homeless youth, a numerically significant pupil
subgroup is one that consists of at least 15 pupils.
(C) For a school or school district with an API score that is
based on no fewer than 11 and no more than 99 pupils with valid test
scores, numerically significant pupil subgroups shall be defined by
the Superintendent, with approval by the state board.
(4) (A) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
(B) The Superintendent, with the approval of the state board, may
also incorporate into the API the rates at which pupils successfully
promote from one grade to the next in middle school and high school,
and successfully matriculate from middle school to high school.
(C) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be three school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (ii).
(ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
(iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was four
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
(vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was five
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(D) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
(i) Schools and school districts shall be granted one-half the
credit in their API scores for graduating pupils in five years that
they are granted for graduating pupils in four years.
(ii) Schools and school districts shall be granted one-quarter the
credit in their API scores for graduating pupils in six years that
they are granted for graduating pupils in four years.
(iii) Notwithstanding clauses (i) and (ii), schools and school
districts shall be granted full credit in their API scores for
graduating in five or six years a pupil with disabilities who
graduates in accordance with his or her individualized education
program.
(E) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the high
school exit examination administered pursuant to Section 60851, when
fully implemented, shall be disaggregated by special education
status, English learners, socioeconomic status, gender, and ethnic
group. Only the test scores of pupils who were counted as part of the
enrollment in the annual data collection of the California Basic
Educational Data System for the current fiscal year and who were
continuously enrolled during that year may be included in the test
result reports in the API score of the school.
(F) (i) Commencing with the baseline API calculation in 2016, and
for each year thereafter, results of the achievement test and other
tests specified in subdivision (b) shall constitute no more than 60
percent of the value of the index for secondary schools.
(ii) In addition to the elements required by this paragraph, the
Superintendent, with the approval of the state board, may incorporate
into the index for secondary schools valid, reliable, and stable
measures of pupil preparedness for postsecondary education and
career.
(G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index for primary schools and middle schools.
(H) It is the intent of the Legislature that the state's system of
public school accountability be more closely aligned with both the
public's expectations for public education and the workforce needs of
the state's economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.
(I) The Superintendent shall annually determine the accuracy of
the graduation rate data. Notwithstanding any other law, graduation
rates for pupils in dropout recovery high schools shall not be
included in the API. For purposes of this subparagraph, "dropout
recovery high school" means a high school in which 50 percent or more
of its pupils have been designated as dropouts pursuant to the
exit/withdrawal codes developed by the department or left a school
and were not otherwise enrolled in a school for a period of at least
180 days.
(J) To complement the API, the Superintendent, with the approval
of the state board, may develop and implement a program of school
quality review that features locally convened panels to visit
schools, observe teachers, interview pupils, and examine pupil work,
if an appropriation for this purpose is made in the annual Budget
Act.
(K) The Superintendent shall annually provide to local educational
agencies and the public a transparent and understandable explanation
of the individual components of the API and their relative values
within the API.
(L) An additional element chosen by the Superintendent and the
state board for inclusion in the API pursuant to this paragraph shall
not be incorporated into the API until at least one full school year
after the state board's decision to include the element into the
API.
(b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
(1) The standards-based achievement tests provided for in Section
60642.5.
(2) The high school exit examination.
(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target.
(e) (1) A school or school district with 11 to 99 pupils with
valid test scores shall receive an API score with an asterisk that
indicates less statistical certainty than API scores based on 100 or
more test scores.
(2) A school or school district annually shall receive an API
score, unless the Superintendent determines that an API score would
be an invalid measure of the performance of the school or school
district for one or more of the following reasons:
(A) Irregularities in testing procedures occurred.
(B) The data used to calculate the API score of the school or
school district are not representative of the pupil population at the
school or school district.
(C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
(E) Insufficient pupil participation in the assessments included
in the API.
(F) A transition to new standards-based assessments compromises
comparability of results across schools or school districts. The
Superintendent may use the authority in this subparagraph in the
2013-14, 2014-15, and 2015-16 school years only, with the approval of
the state board.
(3) If a school or school district has fewer than 100 pupils with
valid test scores, the calculation of the API or adequate yearly
progress pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.) and federal regulations may be calculated
over more than one annual administration of the tests administered
pursuant to Section 60640 and the high school exit examination
administered pursuant to Section 60851, consistent with regulations
adopted by the state board.
(4) Any school or school district that does not receive an API
calculated pursuant to subparagraph (F) of paragraph (2) shall not
receive an API growth target pursuant to subdivision (c). Schools and
school districts that do not have an API calculated pursuant to
subparagraph (F) of paragraph (2) shall use one of the following:
(A) The most recent API calculation.
(B) An average of the three most recent annual API calculations.
(C) Alternative measures that show increases in pupil academic
achievement for all groups of pupils schoolwide and among significant
subgroups.
(f) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(g) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
(h) For purposes of this section, county offices of education
shall be considered school districts.
(i) For purposes of this section, "homeless youth" has the same
meaning as in Section 11434a(2) of Title 42 of the United States
Code.
SEC. 24. Section 52074 of the Education Code is amended to read:
52074. (a) The California Collaborative for Educational
Excellence is hereby established.
(b) The purpose of the California Collaborative for Educational
Excellence is to advise and assist school districts, county
superintendents of schools, and charter schools in achieving the
goals set forth in a local control and accountability plan adopted
pursuant to this article.
(c) The Superintendent shall, with the approval of the state
board, contract with a local educational agency, or consortium of
local educational agencies, to serve as the fiscal agent for the
California Collaborative for Educational Excellence. The
Superintendent shall apportion funds appropriated for the California
Collaborative for Educational Excellence to the fiscal agent.
(d) The California Collaborative for Educational Excellence shall
be governed by a board consisting of the following five members:
(1) The Superintendent or his or her designee.
(2) The president of the state board or his or her designee.
(3) A county superintendent of schools appointed by the Senate
Committee on Rules.
(4) A teacher appointed by the Speaker of the Assembly.
(5) A superintendent of a school district appointed by the
Governor.
(e) At the direction of the governing board of the California
Collaborative for Educational Excellence, the fiscal agent shall
contract with individuals, local educational agencies, or
organizations with the expertise, experience, and a record of success
to carry out the purposes of this article. The areas of expertise,
experience, and record of success shall include, but are not limited
to, all of the following:
(1) State priorities as described in subdivision (d) of Section
52060.
(2) Improving the quality of teaching.
(3) Improving the quality of school district and schoolsite
leadership.
(4) Successfully addressing the needs of special pupil
populations, including, but not limited to, English learners, pupils
eligible to receive a free or reduced-price meal, pupils in foster
care, and individuals with exceptional needs.
(f) The California Collaborative for Educational Excellence may,
after consulting with the Superintendent, accept a request or
referral to advise and assist a school district, county
superintendent of schools, or charter school in any of the following
circumstances:
(1) If the governing board of a school district, county board of
education, or governing body or a charter school requests the advice
and assistance of the California Collaborative for Educational
Excellence.
(2) If the county superintendent of schools of the county in which
the school district or charter school is located determines,
following the provision of technical assistance pursuant to Section
52071 or 47607.3 as applicable, that the advice and assistance of the
California Collaborative for Educational Excellence is necessary to
help the school district or charter school accomplish the goals
described in the local control and accountability plan adopted
pursuant to this article.
(3) If the Superintendent determines that the advice and
assistance of the California Collaborative for Educational Excellence
is necessary to help the school district, county superintendent of
schools, or charter school accomplish the goals set forth in the
local control and accountability plan adopted pursuant to this
article.
SEC. 25. Section 53070 of the Education Code is amended to read:
53070. (a) The California Career Technical Education Incentive
Grant Program is hereby established as a state education, economic,
and workforce development initiative with the goal of providing
pupils in kindergarten and grades 1 to 12, inclusive, with the
knowledge and skills necessary to transition to employment and
postsecondary education. The purpose of this program is to encourage
and maintain the delivery of career technical education programs
during implementation of the school district and charter school local
control funding formula pursuant to Section 42238.02. There is
hereby appropriated to the department from the General Fund for the
program established pursuant to this chapter the following amounts:
(1) For the 2015-16 fiscal year, four hundred million dollars
($400,000,000).
(2) For the 2016-17 fiscal year, three hundred million dollars
($300,000,000).
(3) For the 2017-18 fiscal year, two hundred million dollars
($200,000,000).
(b) Of the amounts appropriated in paragraphs (1) through (3),
inclusive, of subdivision (a), 4 percent is designated for applicants
with average daily attendance of less than or equal to 140, 8
percent is designated for applicants with average daily attendance of
more than 140 and less than or equal to 550, and 88 percent is
designated for applicants with average daily attendance of more than
550, unless otherwise determined by the Superintendent in
collaboration with the executive director of the state board. For
purposes of this section, average daily attendance shall be those
figures that are reported at the time of the second principal
apportionment for the previous fiscal year for pupils in grades 7 to
12, inclusive. For any applicant consisting of more than one school
district, county office of education, charter school, or regional
occupational center or program operated by a joint powers authority,
or of any combination of those entities, the sum of the average daily
attendance for each of the constituent entities shall be used for
purposes of this subdivision.
SEC. 26. Section 53076 of the Education Code is amended to read:
53076. For purposes of administering the program established by
this chapter, the Superintendent may do any of the following:
(a) Determine, in collaboration with the executive director of the
state board, specific funding amounts and the number of grants to be
awarded.
(b) Distribute funding on a multiyear schedule, establish a
process for monitoring the use of the funding, and, if necessary,
cease distribution of funding and recover previously distributed
funding in the case of a recipient's failure to comply with a grant
prerequisite or minimum standard.
(c) Annually review grant recipients' expenditures on career
technical education programs for purposes of determining if the grant
recipients have met the dollar-for-dollar match requirement
specified in subdivision (a) of Section 53071. If after review, the
Superintendent determines that a grant recipient failed to meet the
matching funds requirement, the Superintendent shall reduce the
following year's grant allocation in an amount equal to the unmet
portion of the match requirement. The reduction shall not reduce the
grant recipient's match requirement for the year in which the
Superintendent reduces the allocation.
(d) Require grant recipients to submit program reports.
(e) Set aside up to 1 percent of the total amount provided for the
program for one or both of the following purposes:
(1) To provide planning grants.
(2) To contract with a local educational agency for the provision
of technical assistance to applicants and grant recipients.
SEC. 27. Section 56366.3 of the Education Code is repealed.
SEC. 28. Section 56836.165 of the Education Code is amended to
read:
56836.165. (a) For the 2004-05 fiscal year and each fiscal year
thereafter, the Superintendent shall calculate for each special
education local plan area an amount based on (1) the number of
children and youth residing in foster family homes, small family
homes, and foster family agencies, (2) the licensed capacity of group
homes licensed by the State Department of Social Services, and (3)
the number of children and youth ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in skilled nursing facilities or intermediate care
facilities licensed by the State Department of Health Services and
the number of children and youth, ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services.
(b) The department shall assign each facility described in
paragraphs (1), (2), and (3) of subdivision (a) a severity rating.
The severity ratings shall be on a scale from 1 to 14. Foster family
homes and small family homes shall be assigned a severity rating of
1. Foster family agencies shall be assigned a severity rating of 2.
Facilities described in paragraph (2) of subdivision (a) shall be
assigned the same severity rating as its State Department of Social
Services rate classification level. For facilities described in
paragraph (3) of subdivision (a), skilled nursing facilities shall be
assigned a severity rating of 14, intermediate care facilities shall
be assigned a severity rating of 11, and community care facilities
shall be assigned a severity rating of 8.
(c) (1) The department shall establish a "bed allowance" for each
severity level. For the 2004-05 fiscal year, the bed allowance shall
be calculated as described in paragraph (2). For the 2005-06 fiscal
year and each fiscal year thereafter, the department shall increase
the bed allowance by the inflation adjustment computed pursuant to
Section 42238.1. The department shall not establish a bed allowance
for any facility defined in paragraphs (2) and (3) of subdivision (a)
if it is not licensed by the State Department of Social Services or
the State Department of Health Services.
(2) (A) The bed allowance for severity level 1 shall be five
hundred two dollars ($502).
(B) The bed allowance for severity level 2 shall be six hundred
ten dollars ($610).
(C) The bed allowance for severity level 3 shall be one thousand
four hundred thirty-four dollars ($1,434).
(D) The bed allowance for severity level 4 shall be one thousand
six hundred forty-nine dollars ($1,649).
(E) The bed allowance for severity level 5 shall be one thousand
eight hundred sixty-five dollars ($1,865).
(F) The bed allowance for severity level 6 shall be two thousand
eighty dollars ($2,080).
(G) The bed allowance for severity level 7 shall be two thousand
two hundred ninety-five dollars ($2,295).
(H) The bed allowance for severity level 8 shall be two thousand
five hundred ten dollars ($2,510).
(I) The bed allowance for severity level 9 shall be five thousand
four hundred fifty-one dollars ($5,451).
(J) The bed allowance for severity level 10 shall be five thousand
eight hundred eighty-one dollars ($5,881).
(K) The bed allowance for severity level 11 shall be nine thousand
four hundred sixty-seven dollars ($9,467).
(L) The bed allowance for severity level 12 shall be thirteen
thousand four hundred eighty-three dollars ($13,483).
(M) The bed allowance for severity level 13 shall be fourteen
thousand three hundred forty-three dollars ($14,343).
(N) The bed allowance for severity level 14 shall be twenty
thousand eighty-one dollars ($20,081).
(d) (1) For each fiscal year, the department shall calculate an
out-of-home care funding amount for each special education local plan
area as the sum of amounts computed pursuant to paragraphs (2), (3),
and (4). The State Department of Social Services and the State
Department of Developmental Services shall provide the State
Department of Education with the residential counts identified in
paragraphs (2), (3), and (4).
(2) The number of children and youth residing on April 1 in foster
family homes, small family homes, and foster family agencies located
in each special education local plan area times the appropriate bed
allowance.
(3) The capacity on April 1 of each group home licensed by the
State Department of Social Services located in each special education
local plan area times the appropriate bed allowance.
(4) The number on April 1 of children and youth (A) ages 3 through
21 referred by the State Department of Developmental Services who
are residing in skilled nursing facilities and intermediate care
facilities licensed by the State Department of Health Services
located in each special education local plan area times the
appropriate bed allowance, and (B) ages 3 to 21 years, inclusive,
referred by the State Department of Developmental Services who are
residing in community care facilities licensed by the State
Department of Social Services located in each special education local
plan area times the appropriate bed allowance.
(e) In determining the amount of the first principal apportionment
for a fiscal year pursuant to Section 41332, the Superintendent
shall continue to apportion funds from Section A of the State School
Fund to each special education local plan area equal to the amount
apportioned at the advance apportionment pursuant to Section 41330
for that fiscal year.
(f) Notwithstanding subdivision (b) and paragraph (3) of
subdivision (d), for purposes of the 2016-17 fiscal year funding for
group homes, the Superintendent shall use the rate classification
levels as they exist on December 31, 2016, and the capacity of each
group home licensed by the State Department of Social Services
located in each special education
local plan area on December 31, 2016.
SEC. 29. Section 60602.6 is added to the Education Code, to read:
60602.6. It is the intent of the Legislature that the department
minimize the impact to teachers and administrators and state
resources by ensuring, where feasible, that future California
computer-based assessments utilize the assessment delivery system
infrastructure and hosting platform outlined in the Smarter Balanced
Technical Hosting Solution, as approved by the Department of
Technology for the statewide pupil assessment system. All
computer-based statewide assessments, to the extent possible and most
cost-effective, shall be developed to operate on the existing
approved infrastructure, provide a single logical access point,
support a single secure browser for remote and local access, and
utilize uniform system development standards. The assessment delivery
system infrastructure shall be scalable in nature to allow the
department to incorporate additional computer-based statewide
assessments as funded.
SEC. 30. Section 17581.9 of the Government Code is amended to
read:
17581.9. (a) (1) For the 2015-16 fiscal year, the sum of three
billion ninety-eight million four hundred fifty-five thousand dollars
($3,098,455,000) is hereby appropriated from the General Fund to the
Superintendent of Public Instruction for allocation to school
districts and county superintendents of schools in the manner, and
for the purposes, set forth in this section.
(2) The sum of six hundred four million forty-three thousand
dollars ($604,043,000) is hereby appropriated from the General Fund
to the Chancellor of the California Community Colleges for allocation
to community college districts in the manner, and for the purposes,
set forth in this section.
(3) For purposes of this section, a school district includes a
county office of education and a charter school.
(b) (1) (A) The Superintendent of Public Instruction shall
allocate forty million dollars ($40,000,000) of the funds
appropriated pursuant to paragraph (1) of subdivision (a) to county
superintendents of schools, as follows:
(i) Each county superintendent of schools shall be allocated the
greater of: (I) thirty thousand dollars ($30,000), multiplied by the
number of school districts for which the county superintendent of
schools has jurisdiction pursuant to Section 1253 of the Education
Code; or (II) eighty thousand dollars ($80,000).
(ii) After the allocations pursuant to subparagraph (A), the
balance shall be allocated in an equal amount per unit of regular
average daily attendance, as those average daily attendance numbers
are reported at the time of the second principal apportionment for
the 2014-15 fiscal year.
(B) For purposes of allocating funding pursuant to this paragraph
only, "regular average daily attendance" means the aggregate number
of units of average daily attendance within the county attributable
to all school districts for which the county superintendent of
schools has jurisdiction pursuant to Section 1253 of the Education
Code, charter schools within the county, and the schools operated by
the county superintendent of schools.
(2) It is the intent of the Legislature that county offices of
education will prioritize the use of funds allocated pursuant to
paragraph (1) for investments necessary to support new
responsibilities required under the evolving accountability structure
of the local control funding formula and develop greater capacity
and consistency within and between county offices of education. A
county office of education may encumber funds apportioned pursuant to
this section at any time during the 2015-16 or 2016-17 fiscal year.
(3) The Superintendent of Public Instruction shall allocate three
billion fifty-eight million four hundred fifty-five thousand dollars
($3,058,455,000) of the funds appropriated pursuant to paragraph (1)
of subdivision (a) to school districts on the basis of an equal
amount per unit of regular average daily attendance, as those average
daily attendance numbers are reported at the time of the second
principal apportionment for the 2014-15 fiscal year.
(c) The Chancellor of the California Community Colleges shall
allocate the funds appropriated pursuant to paragraph (2) of
subdivision (a) to community college districts on the basis of an
equal amount per enrolled full-time equivalent student, as those
numbers of students are reported at the time of the second principal
apportionment for the 2014-15 fiscal year.
(d) Allocations made pursuant to this section shall first satisfy
any outstanding claims pursuant to Section 6 of Article XIII B of the
California Constitution for reimbursement of state-mandated local
program costs for any fiscal year. Notwithstanding Section 12419.5
and any amounts that are paid in satisfaction of outstanding claims
for reimbursement of state-mandated local program costs, the
Controller may audit any claim as allowed by law, and may recover any
amount owed by school districts or community college districts
pursuant to an audit only by reducing amounts owed by the state to
school districts or community college districts for any other mandate
claims. Under no circumstances shall a school district or community
college district be required to remit funding back to the state to
pay for disallowed costs identified by a Controller audit of claimed
reimbursable state-mandated local program costs. The Controller shall
not recover any amount owed by a school district or community
college district pursuant to an audit of claimed reimbursable
state-mandated local program costs by reducing any amount owed a
school district or community college district for any purpose other
than amounts owed for any other mandate claims. The Controller shall
apply amounts received by each school district or community college
district against any balances of unpaid claims for reimbursement of
state-mandated local program costs and interest in chronological
order beginning with the earliest claim. The Controller shall report
to each school district and community college district the amounts of
any claims and interest that are offset from funds provided pursuant
to this section, and shall report a summary of the amounts offset
for each mandate for each fiscal year to the Department of Finance
and the fiscal committees of the Legislature.
(e) (1) The governing board of a school district or community
college district may expend the one-time funds received pursuant to
this section for any purpose, as determined by the governing board.
(2) It is the intent of the Legislature that school districts
shall prioritize the use of these one-time funds for professional
development, induction for beginning teachers with a focus on
relevant mentoring, instructional materials, technology
infrastructure, and any other investments necessary to support
implementation of the common core standards in English language arts
and mathematics, the implementation of English language development
standards, and the implementation of the Next Generation Science
standards.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, three hundred nineteen
million two hundred thirty-one thousand dollars ($319,231,000) of
the appropriations made by subdivision (a) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
2013-14 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2013-14 fiscal year.
(g) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, ninety-three million
five hundred twenty-nine thousand dollars ($93,529,000) of the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2013-14 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2013-14 fiscal year.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, two billion seven
hundred forty-eight million three hundred forty-nine thousand dollars
($2,748,349,000) of the appropriations made by subdivision (a) shall
be deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code, for the 2014-15 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 2014-15 fiscal year.
(i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, three hundred
ninety-three million two hundred twenty thousand dollars
($393,220,000) of the appropriations made by subdivision (a) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202 of
the Education Code, for the 2014-15 fiscal year, and included within
the "total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 2014-15 fiscal year.
(j) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, one hundred seventeen
million two hundred ninety-four thousand dollars ($117,294,000) of
the appropriations made by subdivision (a) shall be deemed to be
"General Fund revenues appropriated for community college districts,"
as defined in subdivision (d) of Section 41202 of the Education
Code, for the 2015-16 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2015-16 fiscal year.
(k) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, thirty million eight
hundred seventy-five thousand dollars ($30,875,000) of the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2015-16 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2015-16 fiscal year.
SEC. 31. Section 17581.95 is added to the Government Code, to
read:
17581.95. (a) (1) For the 2016-17 fiscal year, the sum of nine
hundred forty-five million five hundred eighty-nine thousand dollars
($945,589,000) is hereby appropriated from the General Fund to the
State Department of Education for transfer by the Controller to
Section A of the State School Fund. The Superintendent of Public
Instruction shall allocate those funds to school districts and county
superintendents of schools in the manner, and for the purposes, set
forth in this section.
(2) The sum of one hundred five million five hundred one thousand
dollars ($105,501,000) is hereby appropriated from the General Fund
to the Chancellor of the California Community Colleges for allocation
to community college districts in the manner, and for the purposes,
set forth in this section.
(3) For purposes of this section, a school district includes a
county office of education and a charter school.
(b) The Superintendent of Public Instruction shall allocate the
funds appropriated pursuant to paragraph (1) of subdivision (a) to
school districts on the basis of an equal amount per unit of regular
average daily attendance, as those average daily attendance numbers
are reported at the time of the second principal apportionment for
the 2015-16 fiscal year.
(c) The Chancellor of the California Community Colleges shall
allocate the funds appropriated pursuant to paragraph (2) of
subdivision (a) to community college districts on the basis of an
equal amount per enrolled full-time equivalent student, as those
numbers of students are reported at the time of the second principal
apportionment for the 2015-16 fiscal year.
(d) Allocations made pursuant to this section shall first satisfy
any outstanding claims pursuant to Section 6 of Article XIII B of the
California Constitution for reimbursement of state-mandated local
program costs for any fiscal year. Notwithstanding Section 12419.5
and any amounts that are paid in satisfaction of outstanding claims
for reimbursement of state-mandated local program costs, the
Controller may audit any claim as allowed by law, and may recover any
amount owed by school districts or community college districts
pursuant to an audit only by reducing amounts owed by the state to
school districts or community college districts for any other mandate
claims. Under no circumstances shall a school district or community
college district be required to remit funding back to the state to
pay for disallowed costs identified by a Controller audit of claimed
reimbursable state-mandated local program costs. The Controller shall
not recover any amount owed by a school district or community
college district pursuant to an audit of claimed reimbursable
state-mandated local program costs by reducing any amount owed a
school district or community college district for any purpose other
than amounts owed for any other mandate claims. The Controller shall
apply amounts received by each school district or community college
district against any balances of unpaid claims for reimbursement of
state-mandated local program costs and interest in chronological
order beginning with the earliest claim. The Controller shall report
to each school district and community college district the amounts of
any claims and interest that are offset from funds provided pursuant
to this section and shall report a summary of the amounts offset for
each mandate for each fiscal year to the Department of Finance and
the fiscal committees of each house of the Legislature.
(e) (1) The governing board of a school district or community
college district may expend the one-time funds received pursuant to
this section for any purpose, as determined by the governing board of
the school district or community college district.
(2) It is the intent of the Legislature that school districts
shall prioritize the use of these one-time funds for deferred
maintenance, professional development for educators, induction for
beginning teachers with a focus on relevant mentoring, instructional
materials, technology infrastructure, and any other investments
necessary to support implementation of the common core standards in
English language arts and mathematics, the implementation of English
language development standards, and the implementation of the Next
Generation Science standards.
(3) It is the intent of the Legislature that community college
districts shall prioritize the use of these one-time funds for
professional development, campus security infrastructure, technology
infrastructure, and developing open education resources and
zero-textbook-cost degrees.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, six hundred
thirty-five million seven hundred twenty-one thousand dollars
($635,721,000) of the appropriations made by paragraph (1) of
subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2014-15 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
year.
(g) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, twenty-nine million
four hundred fifty-one thousand dollars ($29,451,000) of the
appropriations made by paragraph (2) of subdivision (a) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202 of
the Education Code, for the 2014-15 fiscal year, and included within
the "total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 2014-15 fiscal year.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, three hundred nine
million eight hundred sixty-eight thousand dollars ($309,868,000) of
the appropriations made by paragraph (1) of subdivision (a) shall be
deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code, for the 2015-16 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 2015-16 fiscal year.
(i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, seventy-six million
fifty thousand dollars ($76,050,000) of the appropriations made by
paragraph (2) of subdivision (a) shall be deemed to be "General Fund
revenues appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2015-16 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2015-16 fiscal year.
SEC. 32. Section 116276 is added to the Health and Safety Code, to
read:
116276. (a) The state board shall establish a program, in
consultation with the State Department of Education, to award grants
to local educational agencies for the purposes of improving access
to, and the quality of, drinking water in public schools consistent
with the Legislature's intent that school facilities be maintained in
"good repair," as defined in paragraph (1) of subdivision (d) of
Section 17002 of the Education Code. Eligible entities shall be
limited to local educational agencies serving kindergarten or any of
grades 1 to 12, inclusive, and preschools and child day care
facilities, as defined in Section 1596.750, located on public school
property. The program shall include, but not be limited to, funding
for at least one of the following:
(1) Installation of water bottle filling stations.
(2) Installation or replacement of drinking water fountains with
devices that are capable of removing contaminants that are present in
the facility's water supply.
(3) Installation of point-of-entry or point-of-use treatment
devices for drinking fountains, and up to three years of
postinstallation replacement filters, and operation, maintenance, and
monitoring of the devices, including training on how to operate and
maintain the treatment devices and community outreach and education
about their use.
(b) The state board shall implement the program by taking actions
that include, but are not necessarily limited to, the development of
procedures and guidelines for the submission of grant applications
and criteria for the evaluation of those applications.
(c) (1) In developing the procedure for awarding grants pursuant
to this section, the state board shall do all of the following:
(A) Set requirements for grant recipients to adopt a program for
inspecting and maintaining any water treatment device funded by the
grant.
(B) Establish a maximum grant amount.
(C) Give priority to each of the following:
(i) Projects for schools within, or serving pupils from, a small
disadvantaged community, as defined in Section 13193.9 of the Water
Code.
(ii) Projects that have high effectiveness in increasing access to
safe drinking water at schools.
(2) In developing the procedure for awarding grants pursuant to
this section, the state board may require applicants to commit
additional resources to the project, except that the state board
shall not require matching funds for local educational agencies
serving small disadvantaged communities or interfere with the
prioritization of grant funding to small disadvantaged communities.
(d) (1) Procedures and guidelines for the program developed by the
state board under this section are not be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(2) Before finalizing the procedures and guidelines for the
distribution of grants pursuant to this section, the state board
shall hold at least one public meeting to receive and consider public
comment on the draft procedures and guidelines.
(e) The state board shall provide technical assistance to
applicants, including completing applications, overseeing
installations, and assisting with operation and maintenance.
(f) A contract entered into under the authority of this section is
not be subject to Section 10295 of the Public Contract Code.
SEC. 33. It is the intent of the Legislature to enact legislation
that would govern the use of funds distributed from the Safe
Neighborhoods and Schools Fund, established pursuant to Section 7599
of the Government Code, to the State Department of Education for
purposes of supporting programs aimed at improving outcomes for
public school pupils in kindergarten and grades 1 to 12, inclusive,
by reducing truancy and supporting pupils who are at risk of dropping
out of school or are victims of crime.
SEC. 34. (a) On or before June 30, 2017, an amount to be
determined by the Director of Finance shall be appropriated from the
General Fund to the Superintendent of Public Instruction in
augmentation of Schedule (1) of Item 6100-161-0001 of Section 2.00 of
the Budget Act of 2016.
(b) The funds appropriated in subdivision (a) shall not exceed the
amount by which revenues distributed to local educational agencies
for special education programs pursuant to Sections 34177, 34179.5,
34179.6, and 34188 of the Health and Safety Code are less than the
estimated amount reflected in the Budget Act of 2016, as determined
by the Director of Finance.
(c) On or before June 30, 2017, the Director of Finance shall
determine if the revenues distributed to local educational agencies
for special education programs pursuant to Sections 34177, 34179.5,
34179.6, and 34188 of the Health and Safety Code exceed the estimated
amount reflected in the Budget Act of 2016 and shall reduce Schedule
(1) of Item 6100-161-0001 of Section 2.00 of the Budget Act of 2016
by the amount of that excess.
(d) In making the determinations pursuant to subdivisions (b) and
(c), the Director of Finance shall consider any other local property
tax revenues collected in excess or in deficit of the estimated
amounts reflected in the Budget Act of 2016.
(e) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of his or
her intent to notify the Controller of the necessity to release
funds appropriated in subdivision (a) or to make the reduction
pursuant to subdivision (c), and the amount needed to address the
property tax shortfall determined pursuant to subdivision (b) or the
amount of the reduction made pursuant to subdivision (c). The
Controller shall make the funds available pursuant to subdivision (a)
not sooner than five days after this notification, and the State
Department of Education shall work with the Controller to allocate
these funds to local educational agencies as soon as practicable.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2016-17 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2016-17 fiscal
year.
SEC. 35. (a) On or before June 30, 2016, up to twenty-seven
million four hundred twenty-nine thousand dollars ($27,429,000) shall
be appropriated from the General Fund to the State Department of
Education for transfer by the Controller to Section A of the State
School Fund in augmentation of Schedule (1) of Item 6100-161-0001 of
Section 2.00 of the Budget Act of 2015 (Chapter 10 of the Statutes of
2015).
(b) The funds appropriated in subdivision (a) shall only be
available to the extent that property tax revenues distributed to
local educational agencies for special education programs pursuant to
Section 2572 of the Education Code, reported as of the second
principal apportionment and certified pursuant to Section 41339 of
the Education Code, are less than the estimated amount reflected in
the Budget Act of 2015, as determined by the Director of Finance.
(c) In making the determination pursuant to subdivision (b), the
Director of Finance shall consider any other local property tax
revenues collected in excess or in deficit of the estimated amounts
reflected in the Budget Act of 2015.
(d) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of his or
her intent to notify the Controller of the necessity to release
funds appropriated in subdivision (a), and the amount needed to
address the property tax shortfall determined
pursuant to subdivision (b). The Controller
shall make the funds available pursuant to subdivision (a) not sooner
than five days after this notification and the State Department of
Education shall work with the Controller to allocate these funds to
local educational agencies as soon as practicable pursuant to
subdivision (e) of Section 56836.08 of the Education Code.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2015-16 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
year.
SEC. 36. (a) For the 2016-17 fiscal year, the sum of twenty
million dollars ($20,000,000) is appropriated from the General Fund
to the Commission on Teacher Credentialing for the California
Classified School Employee Teacher Credentialing Program, as set
forth in Section 44393 of the Education Code, to be available for the
2016-17, 2017-18, 2018-19, 2019-20, and 2020-21 fiscal years. The
Commission on Teacher Credentialing shall allocate grants for up to
1,000 new participants per year. A grant to an applicant shall not
exceed four thousand dollars ($4,000) per participant per year.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2015-16 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
year.
SEC. 37. (a) For the 2016-17 fiscal year, the sum of two million
dollars ($2,000,000) is appropriated from the General Fund to the
State Department of Education for transfer by the Controller to
Section A of the State School Fund for the Superintendent of Public
Instruction to allocate for grants pursuant to Section 49550.3 of the
Education Code, to be available for the 2017-18 and 2018-19 fiscal
years.
(b) Of the funds appropriated in this section, the State
Department of Education shall prioritize up to one million dollars
($1,000,000) annually for school districts or county superintendents
of schools to start or expand programs serving school breakfasts
after the start of the schoolday in a school district where at least
60 percent of enrolled pupils are needy children, as defined in
Section 49552 of the Education Code.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2015-16 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
year.
SEC. 38. (a) For the 2016-17 fiscal year, the sum of one million
dollars ($1,000,000) is hereby appropriated from the General Fund to
the State Department of Education for transfer by the Controller to
Section A of the State School Fund. The Superintendent of Public
Instruction shall allocate these funds to the Los Angeles County
Office of Education to contract with the Special Olympics Northern
and Southern California for the purposes of expanding the Special
Olympics Unified Strategy for Schools to additional schools
throughout the state.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2015-16 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
year.
SEC. 39. (a) For the 2016-17 fiscal year, the sum of eighteen
million dollars ($18,000,000) is hereby appropriated from the General
Fund to the State Department of Education for transfer by the
Controller to Section A of the State School Fund for allocation by
the Superintendent of Public Instruction. The Superintendent of
Public Instruction shall allocate these funds to provide grants to
local educational agencies for dropout and truancy prevention
programs pursuant to legislation enacted in the 2015-16 Regular
Session. These funds are available for encumbrance through the
2018-19 fiscal year.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2015-16 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
year.
SEC. 40. (a) (1) (A) For the 2016-17 fiscal year, the sum of
twenty million dollars ($20,000,000) is hereby appropriated from the
General Fund to the State Department of Education for transfer by the
Controller to Section A of the State School Fund. The Superintendent
of Public Instruction shall allocate these funds to support charter
school startup grants in an amount not to exceed five hundred
seventy-five thousand dollars ($575,000) per eligible applicant
operating a classroom-based charter school and three hundred
seventy-five thousand dollars ($375,000) per eligible applicant
operating a nonclassroom-based charter school.
(B) For purposes of this section, a "nonclassroom-based charter
school" has the same meaning as a charter school that provides
"nonclassroom-based instruction," as described in subdivisions (d)
and (e) of Section 47612.5 of the Education Code.
(2) An eligible applicant shall be a charter school that is
governed by a not-for-profit public benefit corporation that is
authorized to operate in California and any of the following:
(A) A charter petitioner that has submitted a petition to a
charter authorizer.
(B) A charter school that has been authorized but is not yet
operating as a charter school.
(C) A charter school that has not yet completed its first full
year of operation as a charter school.
(3) No grant awards shall be provided to any charter school or
charter petitioner before authorization of its charter petition.
(4) Priority for grants shall be given to those applicants that
are both (A) authorized by a chartering authority in counties with
few or no active charter schools and (B) located in communities with
high populations of pupils eligible for free or reduced-price meals
pursuant to Section 42238.01 of the Education Code. The
Superintendent of Public Instruction shall use prior year free or
reduced-price meals data, as reported to the State Department of
Education, if current year data is unavailable at the time priority
for grants is determined.
(5) An eligible applicant may receive its first grant award one
year before commencing pupil instruction and may expend those funds
until June 30, 2019, so long as the funds are used only in the
applicant's first or second year of operation.
(6) An eligible applicant shall not have previously received a
grant through the federal Public Charter Schools Grant Program.
(b) A grant may be awarded for one-time costs associated with the
startup of a new charter school, including, but not limited to, all
of the following:
(1) Supplies, furnishings, equipment, and instructional materials.
(2) Professional development, coaching, and support services for
teachers and charter school staff.
(3) Curriculum and policy development and acquisition.
(4) Facility and schoolsite preparation or modifications necessary
to implement the program in compliance with applicable laws.
(c) The grant funds must supplement, not supplant, existing
services and shall not be used to supplant federal, state, local, or
nonfederal funds or to pay for existing levels of service funded from
any other source. The grant funds shall not be used for fundraising,
civil defense, legal claims against the state or federal government,
or contingencies. Allowable expenditures are to follow the federal
Charter Schools Program pursuant to requirements governing federal
grant funds pursuant to the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
(d) The Superintendent of Public Instruction shall apportion
funding to approved applicants that meets all of the following
conditions:
(1) The charter school has been approved by a charter school
authorizer and has an approved charter petition.
(2) The charter school submits documentation of current enrollment
or reasonable estimates of anticipated enrollment of at least 50
pupils for the first year of operation based on information that has
been confirmed by its charter authorizer through the charter petition
signature process or review of the charter school's startup budget.
(3) The charter school submits a proposed budget of how the
charter school intends to expend grant funding, pursuant to the
requirements of this section.
(e) Grant funds shall be disbursed within 60 days to an approved
applicant based on evidence of anticipated or incurred costs provided
by the applicant.
(f) Funding apportioned pursuant to this section is subject to the
annual audits required by Section 41020 of the Education Code.
(g) The Superintendent shall allocate funds pursuant to this
section only after the carryover funds, appropriated in Item
6110-112-0890 of Section 2.00 of the Budget Act of 2016 for the
federal Public Charter Schools Grant Program funding and any
additional federal grant funding, made available for expenditure in
the 2016-17 fiscal year, are fully encumbered.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the funds appropriated
pursuant to this section shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2014-15 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2014-15 fiscal year.
SEC. 41. (a) For the 2016-17 fiscal year, the sum of twenty
million dollars ($20,000,000) is hereby appropriated from the General
Fund to the Superintendent of Public Instruction for transfer by the
Controller to Section A of the State School Fund. The Superintendent
of Public Instruction shall allocate those funds to the Orange
County Department of Education in the manner, and for the purposes,
set forth in this section.
(b) The Orange County Department of Education, in consultation
with the Superintendent of Public Instruction and the executive
director of the State Board of Education, shall allocate the amount
appropriated in subdivision (a) as grants to local educational
agencies for the purpose of directly funding services or practices
aligned to the Multi-Tiered System of Support framework developed
under the "Scale Up MTSS Statewide" (SUMS) project. The Orange County
Department of Education may use up to one million dollars
($1,000,000) to administer the grants and provide support to the
grantees pursuant to Department of Finance approval of an expenditure
plan and no sooner than 30 days after the notification in writing is
provided to the Joint Legislative Budget Committee.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2014-15 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
year.
SEC. 42. (a) For the 2016-17 fiscal year, the sum of six million
six hundred thirty-six thousand dollars ($6,636,000) is hereby
appropriated from the General Fund to the State Department of
Education for transfer by the Controller to Section A of the State
School Fund for the Superintendent of Public Instruction to allocate
for the purposes set forth in subdivisions (b) and (c).
(b) Of the funds appropriated pursuant to subdivision (a), five
million eight hundred eight thousand dollars ($5,808,000) shall be
provided to the Fiscal Crisis and Management Assistance Team for
California School Information Services (CSIS), pursuant to the
memorandum of understanding with the State Department of Education,
in support of the California Longitudinal Pupil Achievement Data
System (CALPADS).
(c) Of the funds appropriated pursuant to subdivision (a), eight
hundred twenty-eight thousand dollars ($828,000) shall be provided to
local educational agencies that did not participate in the former
state reporting program administered by CSIS and for the support of
data submission to CALPADS.
(d) (1) As a condition of receipt of funds appropriated in
subdivision (b), CSIS shall submit an expenditure plan with workload
justification to the Department of Finance and the Legislative
Analyst's Office by November 1, 2016.
(2) The expenditure plan shall include at least all of the
following:
(A) Positions filled and intended to be filled.
(B) Salaries and benefits.
(C) External contracts.
(D) Other operating expenses.
(E) Equipment needs.
(3) The workload information shall include at least all of the
following:
(A) Activities performed by CSIS and by the State Department of
Education to implement CALPADS.
(B) Workload associated with maintenance of CALPADS.
(C) Assistance provided to local educational agencies in
transmission of data to CALPADS.
(4) The expenditure plan and workload data shall provide
information for the prior fiscal year, current fiscal year, and
budget fiscal year.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2014-15 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
year.
SEC. 43. (a) For the 2016-17 fiscal year, the sum of three million
five hundred thousand dollars ($3,500,000) is hereby appropriated
from the General Fund to the State Department of Education for
transfer by the Controller to Section A of the State School Fund. The
Superintendent of Public Instruction shall allocate those funds to
the K-12 High-Speed Network for operational activities authorized
pursuant to Item 6100-182-0001 of the Budget Act of 2016.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2014-15 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
year.
SEC. 44. (a) For the 2016-17 fiscal year, the sum of three million
dollars ($3,000,000) is hereby appropriated from the General Fund to
the State Department of Education for transfer by the Controller to
Section A of the State School Fund for the Superintendent of Public
Instruction to allocate for the purposes set forth in subdivision
(b).
(b) The Superintendent shall allocate the funds appropriated
pursuant to subdivision (a) to a county office of education, as
determined by the State Department of Education, to initiate the
procurement of a replacement system for the Standardized Account Code
Structure system.
(c) The funding provided pursuant to subdivision (a) shall only be
available upon approval of the Department of Finance, and not sooner
than 30 days after notification of the Joint Legislative Budget
Committee.
(d) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2014-15 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2014-15 fiscal
year.
SEC. 45. (a) For the 2016-17 fiscal year, the sum of five million
dollars ($5,000,000) is hereby appropriated from the General Fund to
the Commission on Teacher Credentialing for allocation to a local
educational agency to establish the California Center on Teaching
Careers in the manner, and for the purposes, set forth in this
section.
(b) The California Center on Teaching Careers is hereby
established for the purpose of recruiting qualified and capable
individuals into the teaching profession. From funds appropriated for
that purpose, the Commission on Teacher Credentialing shall provide
a multiyear award to a local educational agency through a competitive
grant process to establish and administer the center. The
priorities, goals, and general objectives of the duties of the
California Center on Teaching Careers shall be developed in
consultation with representatives of the Superintendent of Public
Instruction, the University of California, the California State
University, the Chancellor's Office of the California Community
Colleges, and independent institutions of higher education, as
defined in subdivision (b) of Section 66010 of the Education Code.
(c) The activities of the California Center on Teaching Careers
shall be implemented with the active involvement of local educational
agencies whenever appropriate.
(d) (1) The California Center on Teaching Careers shall prioritize
its efforts to recruit both of the following:
(A) Teachers possessing, or candidates interested in possessing,
education specialist credentials, single subject teaching credentials
in the areas of science or mathematics, or teaching in the area of
bilingual education.
(B) Candidates into schools in which over 85 percent of the
student body is eligible for free or reduced-price meals.
(2) Upon determination that the areas described in paragraph (1)
no longer have shortages, the Commission on Teacher Credentialing, in
consultation with the State Department of Education, may identify
other shortage areas to prioritize.
(e) The duties of the California Center on Teaching Careers
include, but are not limited to, all of the following:
(1) Developing and distributing statewide public service
announcements relating to teacher recruitment.
(2) Developing, modifying, and distributing effective recruitment
publications.
(3) Providing information to prospective teachers regarding
requirements for obtaining a teaching credential.
(4) Providing specific information to prospective teachers
regarding admission to and enrollment into conventional and
alternative teacher preparation programs, including identification of
public and private postsecondary educational institutions that
provide an integrated four-year preparation program.
(5) Providing specific information to prospective teachers
regarding financial aid and loan assistance programs.
(6) Creating or expanding a referral database for qualified
teachers seeking employment in the public schools.
(7) Developing and conducting outreach activities to high school
pupils as well as to college students.
(8) Developing and conducting outreach activities to teachers to
fill existing teacher shortage areas.
(f) The California Center on Teaching Careers, in conducting its
duties, shall coordinate and work collaboratively with the Education
Job Opportunities Information Network, existing teacher recruitment
centers, school districts, county offices of education, and other
teachers' clubs and organizations.
(g) The California Center on Teaching Careers shall periodically
reassess its recruitment activities aimed at individuals from
different populations or target audiences for effectiveness and
efficiencies in light of the state's teacher workforce, changing
market conditions, changes to state and federal law, and any other
evolving circumstances.
(h) The California Center on Teaching Careers shall periodically
review all products and communication tools for accuracy, quality,
ease of use, and effectiveness.
(i) On or before January 1, 2020, the Commission on Teacher
Credentialing shall conduct an evaluation of, and report to the
Department of Finance, relevant policy and fiscal committees of the
Legislature, and the Legislative Analyst's Office on, the outcomes of
the California Center on Teaching Careers, including, but not
limited to, all of the following:
(1) Expenditures for the California Center on Teaching Careers by
type of activity and type of shortage area.
(2) A description of the statewide recruitment publications and
public service announcements engaged in, the audience of Californians
targeted, the motivations for these efforts, and the outcomes of
these recruitment strategies.
(3) Survey data from a random, representative sample of new
teachers to assess all of the following:
(A) What motivated the individual to enter or return to the
teaching profession.
(B) Which recruitment activities had the greatest impact on their
decision to enter or return to the workforce, if any.
(C) Whether the teacher was contacted by other entities, other
than the California Center on Teaching Careers, seeking to recruit
teachers.
(D) Whether, prior to being contacted by the California Center on
Teaching Careers, the teacher had any of the following:
(i) A teaching credential, and whether this teaching credential
was obtained within California or in another state.
(ii) Prior experience working as a teacher, and whether this
experience occurred within California or in another state.
(j) The California Center on Teaching Careers shall supply any
information required to complete the report, described in subdivision
(i), to the Commission on Teacher Credentialing upon its request.
(k) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2014-15 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2014-15 fiscal year.
SEC. 46. (a) (1) Commencing with the 2016-17 fiscal year, the
California Collaborative for Educational Excellence shall use no less
than twenty million dollars ($20,000,000) of the total allocated in
this section to establish a statewide process to provide professional
development training to school districts, county offices of
education, and charter schools for the purpose of successfully
utilizing the evaluation rubrics adopted by the state board pursuant
to Section 52064.5 of the Education Code and the Local Control and
Accountability Plan and Annual Update templates adopted by the State
Board of Education pursuant to Section 52064 of the Education Code
for use by a school district, county superintendent of schools, or
charter school.
(2) School districts, county offices of education, and charter
schools that participate in professional development training are
encouraged to include in the training all stakeholders that are
involved in the development of a local control and accountability
plan, including, but not limited to, teachers, principals,
administrators, other school personnel, local bargaining units of the
school district or county office of education, parents, pupils, and
members of the community, as required pursuant to subdivision (e) of
Section 47606.5 of, subdivision (g) of Section 52060 of, Section
52062 of, subdivision (g) of Section 52066 of, and Section 52068 of,
the Education Code.
(b) The professional development training shall include, but shall
not be limited to, all of the following:
(1) Information on how the evaluation rubrics are used for the
development and implementation of the local control and
accountability plans required pursuant to Sections 52060 and 52066
of, and the requirements of subparagraph (A) of paragraph (5) of
subdivision (b) of Section 47605 and subparagraph (A) of paragraph
(5) of subdivision (b) of Section 47605.6 of, the Education Code.
(2) Information on how the evaluation rubrics will be used to
improve pupil outcomes, with emphasis on closing the achievement gap
for unduplicated pupils, as defined in Section 42238.02 of, and the
pupil subgroups identified in Section 52052 of, the Education Code.
(3) The role of statewide and local data in using the evaluation
rubrics to inform the development of local control and accountability
plans and to communicate with stakeholders.
(4) Information on how the evaluation rubrics will be used, in
conjunction with local control and accountability plans, to establish
a system of continuous improvement, as identified in subdivision (c)
of Section 52064.5 of the Education Code.
(c) The California Collaborative for Educational Excellence shall
ensure that the professional development training is provided in each
region of the state and is available to all school districts, county
offices of education, and charter schools. The California
Collaborative for Educational Excellence may contract with one or
more entities to provide the professional development training.
(d) (1) The governing board of the California Collaborative for
Educational Excellence shall submit an implementation plan to the
relevant policy and fiscal committees of the Legislature, the
Director of Finance, and the Legislative Analyst's Office within 30
days of the State Board of Education's adoption of the evaluation
rubrics. The plan shall include relevant expenditure and provider
information, and a timeline to commence training by no later than
October 15, 2016.
(2) The implementation plan shall also include information on how
the California Collaborative for Educational Excellence will
determine the appropriate sequence of which local educational
agencies will receive the professional development training.
(e) (1) During the 2017-18 fiscal year, the California
Collaborative for Educational Excellence shall conduct a survey of
school districts, county offices of education, and charter schools on
how they used the evaluation rubrics to develop and implement their
most recent local control and accountability plan, or met the
requirements of subparagraph (A) of paragraph (5) of subdivision (b)
of Section 47605 of, or subparagraph (A) of paragraph (5) of
subdivision (b) of Section 47605.6 of, the Education Code, as
applicable.
(2) The California Collaborative for Educational Excellence may
contract with one or more entities to develop, administer, monitor,
and analyze the survey.
(f) (1) During the 2016-17 and 2017-18 fiscal years, the
California Collaborative for Educational Excellence shall implement a
pilot program that will inform its long-term efforts to advise and
assist school districts, county superintendents of schools, and
charter schools in improving pupil outcomes pursuant to Section 52074
of the Education Code.
(2) It is the intent of the Legislature that this pilot program be
used to advise the governing board of the California Collaborative
for Educational Excellence in its efforts to provide research-based,
quality advice and assistance to local educational agencies. Nothing
in this section prohibits the California Collaborative for
Educational Excellence from continuing to meet the requirements of
Section 52074 of the Education Code in the 2016-17 fiscal year or in
future fiscal years.
(g) On or before August 15, 2016, the governing board of the
California Collaborative for Educational Excellence shall submit a
plan for implementing the pilot program to the relevant policy and
fiscal committees of the Legislature, the Director of Finance, and
the Legislative Analyst's Office. At a minimum, the plan shall
describe all of the following:
(1) The goals of the pilot program, including, but not limited to,
improving pupil outcomes related to the state priorities identified
in Sections 52060 and 52066 of the Education Code.
(2) The major implementation activities of the pilot program and
the means for assessing whether the goals are met.
(3) An implementation timeline and a program budget, with
anticipated expenditures and funding sources.
(h) (1) The California Collaborative for Educational Excellence,
after consulting with the Superintendent of Public Instruction, shall
assist school districts, county offices of education, and charter
schools in the pilot program.
(2) To the extent possible, the pilot program shall include school
districts, county offices of education, and charter schools from
urban, suburban, and rural areas representing all regions of the
state, as well as those with enrollment of unduplicated pupils, as
defined in Section 42238.02 of the Education Code, and the pupil
subgroups identified in Section 52052 of the Education Code.
(3) Participation by a local educational agency in the pilot
program is voluntary and, notwithstanding Sections 52071 and 52071.5
of the Education Code, participating local educational agencies shall
not pay for any assistance provided pursuant to the pilot program.
(i) On or before November 1, 2018, the governing board of the
California Collaborative for Educational Excellence shall report to
the relevant policy and fiscal committees of the Legislature, the
Director of Finance, and the Legislative Analyst's Office about
lessons learned from the pilot program and its implications for the
ongoing work of the California Collaborative for Educational
Excellence.
(j) The sum of twenty-four million dollars ($24,000,000) is hereby
appropriated from the General Fund to the State Department of
Education for transfer by the Controller to Section A of the State
School Fund for allocation by the Superintendent of Public
Instruction to the Riverside County Office of Education to support
the California Collaborative for Educational Excellence for purposes
of this section. These funds are available for encumbrance through
the 2018-19 fiscal year.
(k) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by this section shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2015-16 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2015-16 fiscal
year.
SEC. 47. (a) Commencing with the 2016-17 fiscal year, the sum of
five hundred thousand dollars ($500,000) is hereby annually
appropriated through the 2018-19 fiscal year to the State Department
of Education for transfer by the Controller to Section A of the State
School Fund for purposes of this section. The Superintendent of
Public Instruction shall allocate these funds for the support and
development of the evaluation rubrics adopted pursuant to Section
52064.5 of the Education Code and the Web application system for the
school accountability report card.
(b) For the purposes specified in subdivision (a), the State
Department of Education, in collaboration with, and subject to the
approval of, the executive director of the State Board of Education,
shall enter into a contract with the San Joaquin County Office of
Education to do both of the following:
(1) Host, maintain, and support the development of the local
control funding formula evaluation rubrics Web-based system.
(2) Maintain and support the Web application system for the school
accountability report card.
(c) When performing the activities specified in paragraphs (1) and
(2) of subdivision (b), the San Joaquin County Office of Education
shall ensure alignment of the school accountability report card and
the evaluation rubrics with California's accountability system,
accommodate state and local data availability, and reflect
consistency with implementation of the local control funding formula.
(d) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made in subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code.
SEC. 48. 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. 49. (a) The sum of nine million five hundred thousand dollars
($9,500,000) is hereby appropriated from the General Fund to the
State Water Resources Control Board. The State Water Resources
Control Board shall allocate these funds for grants pursuant to
Section 116276 of the Health and Safety Code.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the funds appropriated
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2014-15 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2014-15 fiscal year.
SEC. 50. (a) For the 2016-17 fiscal year, the sum of two billion
nine hundred forty-one million nine hundred eighty thousand dollars
($2,941,980,000) is hereby appropriated from the General Fund to the
State Department of Education for transfer by the Controller to
Section A of the State School Fund. The Superintendent of Public
Instruction shall allocate these funds pursuant to the calculation in
subdivision (b) of Section 42238.03 of the Education Code.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2016-17 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2016-17 fiscal
year.
SEC. 51. Notwithstanding Section 52 of Chapter 13 of the Statutes
of 2015, for purposes of making the computations required by Section
8 of Article XVI of the California Constitution, seven million eight
hundred thirty-eight thousand dollars ($7,838,000) of the
appropriation made by paragraph (2) of subdivision (a) of Section
53070 of the Education Code shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2015-16 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2015-16 fiscal year.
SEC. 52. 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.
However, if the Commission on State Mandates determines that this
act contains other 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.
SEC. 53. 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.
