Today's Law As Amended

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AB-2380 School plans: consolidated application for categorical programs: single plan for pupil achievement.(2013-2014)



SECTION 1.

 Section 64001 of the Education Code is amended to read:

64001.
 (a) Notwithstanding any other law, as a condition of receiving funding for a program under Part 36 (commencing with Section 64000), a local educational agency shall ensure that each school of the local educational agency that operates any programs subject to Part 36 (commencing with Section 64000) consolidates any plans that are required by those programs into a single plan, unless otherwise prohibited by law. That plan shall be known as the School Plan for Student Achievement (SPSA). If a plan is not required by a program subject to Part 36 (commencing with Section 64000), the governing board or body of a local educational agency may require any school that receives funding from the consolidated application to develop a SPSA.
(b) A local educational agency shall not be required to submit the SPSA to the department as part of the consolidated application.
(c) (a)  (1)  A local educational agency  Notwithstanding any other law, a school district shall not be required to submit to the department, as part of the consolidated application, a school plan for categorical programs that are subject to this part. A school district  shall ensure, in the consolidated application, that the SPSA  single plan for pupil achievement established pursuant to subdivision (d)  has been prepared in accordance with law, that schoolsite councils have developed and approved a SPSA for each school  plan, to be known as the single plan for pupil achievement, for schools  participating in programs funded through the consolidated application process, and that SPSAs  process and through the local control funding formula established pursuant to Section 42238.02, and any other school program they choose to include, and that school plans  were developed with the review, certification, and advice of the school English learner advisory committee, if required. applicable school advisory committees, including advisory committees established pursuant to Section 52176. The single plan for pupil achievement may also be referred to as the single plan for student achievement. The consolidated application shall also include certifications by appropriate school district advisory committees, including advisory committees established pursuant to Section 52176, that the application was developed with the review and advice of those committees. 
(d) (2)  The department shall monitor and review to ensure that If a consolidated application does not include the necessary certifications or assurances, the department shall initiate an investigation to determine whether  the consolidated application and the SPSA  single plan for pupil achievement  were developed in accordance with law and with the involvement of applicable advisory committees  committees, including advisory committees established pursuant to Section 52176,  and schoolsite councils.
(e) (b)  Onsite school and district compliance reviews of categorical programs shall continue, and SPSAs  school plans  shall be required and reviewed as part of these onsite visits and compliance reviews. The Superintendent shall monitor such compliance. To that end, the Superintendent shall develop monitoring instruments and  establish the process and frequency for conducting reviews of school district achievement and compliance with state and federal categorical program requirements. In addition, the Superintendent shall establish the content of these instruments, including any criteria for differentiating these reviews based on the achievement of pupils, as demonstrated by the Academic Performance Index developed pursuant to Section 52052, and evidence of school district compliance with state and federal law.  The state board shall review the content of these instruments for consistency with state board policy. If the department makes materials or information available to school districts to assist them in the development of their single plan for pupil achievement, the department shall ensure that all materials and information emphasize that the plan be consistent with and, to the extent possible, support the goals and outcomes specified in the school district’s local control and accountability plan, required pursuant to Section 52060. 
(f) (1) A complaint that a local educational agency has not complied with the requirements of Part 36 (commencing with Section 64000), this part, or Part 38 (commencing with Section 65000) may be filed with a local educational agency pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) (c)  (1)  A school district shall submit school plans whenever the department requires the plans in order to effectively administer any categorical program subject to this part.  The department may require submission of the SPSA  school plan  for any school that is the specific subject of a complaint involving any categorical  program or service subject to this part.
(3) (2)  The department may require a local educational agency  school district  to submit other data or information as may be necessary for the department to effectively administer any categorical  program subject to this part.
(g) (d)  (1) Notwithstanding any other law, the schoolsite council shall develop the content of the SPSA. SPSAs shall be reviewed in accordance with paragraph (4) of subdivision (a) of Section 52062. as a condition of receiving funding for a categorical program pursuant to Section 64000, and instead of the information submission requirements that were required by this section before January 1, 2002, a school district shall ensure that each school in its jurisdiction that operates categorical programs subject to this part consolidates the plans that are required by those programs into a single plan. Schools may consolidate any plans that are required by federal programs subject to this part into this plan, unless otherwise prohibited by federal law. That plan shall be known as the single plan for pupil achievement or may be referred to as the single plan for student achievement. 
(2) The development of the SPSA shall include both of the following actions: To facilitate the alignment of required activities and avoid the duplication of effort, as referenced in Sections 52063 and 52064 with respect to school plans, local control and accountability plans, and federal law, a school district shall develop the local control and accountability plan and annual updates in consultation with schoolsite level advisory groups and ensure that the local control and accountability plan and its specific actions are consistent with, and reflective of, the goals and plans of schoolsites. 
(A) (e)  Administration of a comprehensive needs assessment pursuant to Section 1114(b)(6) of the federal Every Student Succeeds Act (Public Law 114-95) that forms the basis of the school’s goals contained in the SPSA. The comprehensive needs assessment shall include Notwithstanding any other law, the content of a single plan for pupil achievement shall be aligned with school goals for improving pupil achievement. School goals shall be based upon  an analysis of verifiable state data, consistent with all state priorities as noted in Sections 52060 and 52066, and informed by all indicators described in Section 1111(c)(4)(B) of the federal Every Student Succeeds Act, including pupil performance against state-determined long-term goals. The school  including the Academic Performance Index developed pursuant to Section 52052 and the English language development test developed pursuant to Section 60810, and  may include any data voluntarily developed by school districts to measure pupil outcomes. If the plan is required by the local governing board or body of the local educational agency only, the local governing board or body of the local educational agency may determine the extent to which the needs assessment applies. achievement. The single plan for pupil achievement shall, at a minimum, address how moneys provided to the school through any of the sources identified in Section 64000 will be used to improve the academic performance of all pupils to the level of the performance goals, as established by the Academic Performance Index developed pursuant to Section 52052. The plan shall also identify the schools’ means of evaluating progress toward accomplishing those goals and how state and federal law governing these programs will be implemented. The plan shall also align with the school district’s goals for unduplicated pupils in the state and local priority areas identified pursuant to Section 52060. 
(B) (f)  Identification (1)   of the process for evaluating and monitoring the implementation of the SPSA and progress towards accomplishing the goals set forth in the SPSA. The plan required by this section shall be reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups that conform to the requirements of Section 52852, to include, but not be limited to, both of the following: 
(3) (A)  The SPSA shall include all of the following: Proposed expenditures of funds allocated to the school through the consolidated application. 
(A) (B)  Goals set to improve pupil outcomes, including addressing the needs of pupil groups as identified through the needs assessment in subparagraph (A) of paragraph (2). Alignment with the school district’s local control and accountability plan and a minimization of the duplication of efforts. 
(B) Evidence-based strategies, actions, or services.
(C) Proposed expenditures, based on the projected resource allocation from the governing board or body of the local educational agency, to address the findings of the needs assessment consistent with the state priorities, including identifying resource inequities, which may include a review of the local educational agency’s budgeting, its local control and accountability plan, and school-level budgeting, if applicable.
(h) SPSAs created under this part may serve as school improvement plans required under federal law for schools identified for targeted support as described in Section 1003(e)(1)(A) of the federal Every Student Succeeds Act (Public Law 114-95) or comprehensive support as described in Section 1003(e)(1)(B) of the federal Every Student Succeeds Act, as long as the SPSAs also meet the requirements as established by the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), as amended by the federal Every Student Succeeds Act. A local educational agency may use the schoolsite council to meet the stakeholder requirements established in Section 1111(d)(1)(B) and Section 1111(d)(2)(B) of the federal Every Student Succeeds Act.
(i) (2)  The SPSA required by this section shall be reviewed annually and updated, including proposed expenditure of funds allocated to the school through the consolidated application and the local control and accountability plan, if any, by the schoolsite council. The SPSAs shall be reviewed and  plan shall be  approved by the governing board or body  of the local educational agency  school district  at a regularly scheduled meeting whenever there are material changes that affect the academic programs for pupils covered by programs identified in this part. If a SPSA is not approved by the governing board or body of the local educational agency, specific reasons for that action shall be communicated to the schoolsite council. Modifications to any SPSA shall be developed, recommended, and approved or disapproved by the governing board or body of the local educational agency in the same manner. Section 64000. 
(g) The school plan and subsequent revisions shall be reviewed and approved by the governing board of the school district. The governing board of the school district shall certify that, to the extent allowable under federal law, plans developed for purposes of this section are consistent with district local improvement plans that are required as a condition of receiving federal funding.
(j) (h)  Single school districts and charter schools may use the local control and accountability plan to serve as the SPSA, provided that the local control and accountability plan meets federal school planning requirements and the stakeholder requirements established in subdivision (a) of Section 52062, and is adopted at a public hearing pursuant to Section 52062 or 47606.5, as applicable. This section does not prevent a school district, at its discretion, from conducting an independent review pursuant to subdivision (c) of this section as it read on January 1, 2001. 

SEC. 1.5.

 Section 64001 of the Education Code is amended to read:

64001.
 (a) Notwithstanding any other law, as a condition of receiving funding for a program under Part 36 (commencing with Section 64000), a local educational agency shall ensure that each school of the local educational agency that operates any programs subject to Part 36 (commencing with Section 64000) consolidates any plans that are required by those programs into a single plan, unless otherwise prohibited by law. That plan shall be known as the School Plan for Student Achievement (SPSA). If a plan is not required by a program subject to Part 36 (commencing with Section 64000), the governing board or body of a local educational agency may require any school that receives funding from the consolidated application to develop a SPSA.
(b) A local educational agency shall not be required to submit the SPSA to the department as part of the consolidated application.
(c) (a)  (1)  A local educational agency  Notwithstanding any other law, a school district shall not be required to submit to the department, as part of the consolidated application, a school plan for categorical programs that are subject to this part. A school district  shall ensure, in the consolidated application, that the SPSA  single plan for pupil achievement established pursuant to subdivision (d)  has been prepared in accordance with law, that schoolsite councils have developed and approved a SPSA for each school  plan, to be known as the single plan for pupil achievement, for schools  participating in programs funded through the consolidated application process, and that SPSAs  process and through the local control funding formula established pursuant to Section 42238.02, and any other school program they choose to include, and that school plans  were developed with the review, certification, and advice of the school English learner advisory committee, if required. applicable school advisory committees, including advisory committees established pursuant to Section 52176. The single plan for pupil achievement may also be referred to as the single plan for student achievement. The consolidated application shall also include certifications by appropriate school district advisory committees, including advisory committees established pursuant to Section 52176, that the application was developed with the review and advice of those committees. 
(d) (2)  The department shall monitor and review to ensure that If a consolidated application does not include the necessary certifications or assurances, the department shall initiate an investigation to determine whether  the consolidated application and the SPSA  single plan for pupil achievement  were developed in accordance with law and with the involvement of applicable advisory committees  committees, including advisory committees established pursuant to Section 52176,  and schoolsite councils.
(e) (b)  Onsite school and district compliance reviews of categorical programs shall continue, and SPSAs  school plans  shall be required and reviewed as part of these onsite visits and compliance reviews. The Superintendent shall monitor such compliance. To that end, the Superintendent shall develop monitoring instruments and  establish the process and frequency for conducting reviews of school district achievement and compliance with state and federal categorical program requirements. In addition, the Superintendent shall establish the content of these instruments, including any criteria for differentiating these reviews based on the achievement of pupils, as demonstrated by the Academic Performance Index developed pursuant to Section 52052, and evidence of school district compliance with state and federal law.  The state board shall review the content of these instruments for consistency with state board policy. If the department makes materials or information available to school districts to assist them in the development of their single plan for pupil achievement, the department shall ensure that all materials and information emphasize that the plan be consistent with and, to the extent possible, support the goals and outcomes specified in the school district’s local control and accountability plan, required pursuant to Section 52060. 
(f) (1) A complaint that a local educational agency has not complied with the requirements of Part 36 (commencing with Section 64000), this part, or Part 38 (commencing with Section 65000) may be filed with a local educational agency pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) (c)  (1)  A school district shall submit school plans whenever the department requires the plans in order to effectively administer any categorical program subject to this part.  The department may require submission of the SPSA  school plan  for any school that is the specific subject of a complaint involving any categorical  program or service subject to this part.
(3) (2)  The department may require a local educational agency  school district  to submit other data or information as may be necessary for the department to effectively administer any categorical  program subject to this part.
(g) (d)  (1) Notwithstanding any other law, the schoolsite council shall develop the content of the SPSA. SPSAs shall be reviewed in accordance with paragraph (4) of subdivision (a) of Section 52062. as a condition of receiving funding for a categorical program pursuant to Section 64000, and instead of the information submission requirements that were required by this section before January 1, 2002, a school district shall ensure that each school in its jurisdiction that operates categorical programs subject to this part consolidates the plans that are required by those programs into a single plan. Schools may consolidate any plans that are required by federal programs subject to this part into this plan, unless otherwise prohibited by federal law. That plan shall be known as the single plan for pupil achievement or may be referred to as the single plan for student achievement. 
(2) The development of the SPSA shall include both of the following actions: To facilitate the alignment of required activities and avoid the duplication of effort, as referenced in Sections 52063 and 52064 with respect to school plans, local control and accountability plans, and federal law, a school district shall develop the local control and accountability plan and annual updates in consultation with schoolsite level advisory groups and shall ensure that the local control and accountability plan and its specific actions are consistent with, and reflective of, the goals and plans of schoolsites. 
(A) (e)  Administration of a comprehensive needs assessment pursuant to Section 1114(b)(6) of the federal Every Student Succeeds Act (Public Law 114-95) that forms the basis of the school’s goals contained in the SPSA. The comprehensive needs assessment shall include Notwithstanding any other law, the content of a single plan for pupil achievement shall be aligned with school goals for improving pupil achievement. School goals shall be based upon  an analysis of verifiable state data, consistent with all state priorities as noted in Sections 52060 and 52066, and informed by all indicators described in Section 1111(c)(4)(B) of the federal Every Student Succeeds Act, including pupil performance against state-determined long-term goals. The school  including the Academic Performance Index developed pursuant to Section 52052 and the English language development test developed pursuant to Section 60810, and  may include any data voluntarily developed by school districts to measure pupil outcomes. If the plan is required by the local governing board or body of the local educational agency only, the local governing board or body of the local educational agency may determine the extent to which the needs assessment applies. achievement. The single plan for pupil achievement shall, at a minimum, address how moneys provided to the school through any of the sources identified in Section 64000 will be used to improve the academic performance of all pupils to the level of the performance goals, as established by the Academic Performance Index developed pursuant to Section 52052. The plan shall also identify the schools’ means of evaluating progress toward accomplishing those goals and how state and federal law governing these programs will be implemented. The plan shall also align with the school district’s goals for unduplicated pupils in the state and local priority areas identified pursuant to Section 52060. 
(B) (f)  Identification (1)   of the process for evaluating and monitoring the implementation of the SPSA and progress towards accomplishing the goals set forth in the SPSA. The plan required by this section shall be reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups that conform to the requirements of Section 52781 or 52852, to include, but not be limited to, both of the following: 
(3) (A)  The SPSA shall include all of the following: Proposed expenditures of funds allocated to the school through the consolidated application. 
(A) (B)  Goals set to improve pupil outcomes, including addressing the needs of pupil groups as identified through the needs assessment in subparagraph (A) of paragraph (2). Alignment with the school district’s local control and accountability plan and a minimization of the duplication of efforts. 
(B) Evidence-based strategies, actions, or services.
(C) Proposed expenditures, based on the projected resource allocation from the governing board or body of the local educational agency, to address the findings of the needs assessment consistent with the state priorities, including identifying resource inequities, which may include a review of the local educational agency’s budgeting, its local control and accountability plan, and school-level budgeting, if applicable.
(h) SPSAs created under this part may serve as school improvement plans required under federal law for schools identified for targeted support as described in Section 1003(e)(1)(A) of the federal Every Student Succeeds Act (Public Law 114-95) or comprehensive support as described in Section 1003(e)(1)(B) of the federal Every Student Succeeds Act, as long as the SPSAs also meet the requirements as established by the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), as amended by the federal Every Student Succeeds Act. A local educational agency may use the schoolsite council to meet the stakeholder requirements established in Section 1111(d)(1)(B) and Section 1111(d)(2)(B) of the federal Every Student Succeeds Act.
(i) (2)  The SPSA required by this section shall be reviewed annually and updated, including proposed expenditure of funds allocated to the school through the consolidated application and the local control and accountability plan, if any, by the schoolsite council. The SPSAs shall be reviewed and  plan shall be  approved by the governing board or body  of the local educational agency  school district  at a regularly scheduled meeting whenever there are material changes that affect the academic programs for pupils covered by programs identified in this part. If a SPSA is not approved by the governing board or body of the local educational agency, specific reasons for that action shall be communicated to the schoolsite council. Modifications to any SPSA shall be developed, recommended, and approved or disapproved by the governing board or body of the local educational agency in the same manner. Section 64000.  
(g) The school plan and subsequent revisions shall be reviewed and approved by the governing board of the school district. The governing board of the school district shall certify that, to the extent allowable under federal law, plans developed for purposes of this section are consistent with district local improvement plans that are required as a condition of receiving federal funding.
(j) (h)  Single school districts and charter schools may use the local control and accountability plan to serve as the SPSA, provided that the local control and accountability plan meets federal school planning requirements and the stakeholder requirements established in subdivision (a) of Section 52062, and is adopted at a public hearing pursuant to Section 52062 or 47606.5, as applicable. This section does not prevent a school district, at its discretion, from conducting an independent review pursuant to subdivision (c) of this section as it read on January 1, 2001. 
SEC. 2.
 Section 1.5 of this bill incorporates amendments to Section 64001 of the Education Code proposed by both this bill and Assembly Bill 2384. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 64001 of the Education Code, and (3) this bill is enacted after Assembly Bill 2384, in which case Section 1 of this bill shall not become operative.