Today's Law As Amended


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AB-275 Migrant education. (2013-2014)



As Amends the Law Today


SEC. 2.SECTION 1.

 Section 54441.5 of the Education Code is amended to read:

54441.5.
 With the concurrence of the child’s parent, a child who has been identified as a “migrant “migratory  child” may be deemed a migrant migratory  child for a period, not in excess of three years, during which the child resides in an area where programs are provided for migrant migratory  children. Priority for the provision of services shall be consistent with federal statutes and regulations governing migrant education programs.

SEC. 3.SEC. 2.

 Section 54442 of the Education Code is amended to read:

54442.
 The state board shall adopt a state master plan for services to migrant migratory  children. The plan shall be developed and revised as necessary by the Superintendent, in consultation with the State Parent Advisory Council established pursuant to Section 54444.2. The plan shall  include all of the following:
(a) Instructional activities on a regular and extended year basis. These activities shall be designed to identify, assess, and provide treatment for academic deficiencies of migrant migratory  children. Special emphasis shall be given to oral and written communications, communication,  reading, and mathematics. Small group or individual instruction and tutorial services shall be provided to assist migrant children to attain normal progress rates  migratory children to meet the same academic content and achievement standards that all children are expected to meet  in all subject areas. All instructional services shall be provided as supplements to regular programs of instruction provided by the public schools for all children.
(b) Health and welfare services. These services shall be designed to identify, assess, and provide treatment for conditions that interfere with the education and learning of migrant migratory  children, including dental, emotional, or environmental conditions. To the extent possible, existing community resources will shall  be utilized to provide these services.
(c) Preservice and in-service education of professional and nonprofessional personnel. This education shall be planned to prepare school administrators, teachers, aides, and other personnel to meet the special needs of migrant migratory  children.
(d) Supportive services including transportation, family liaison, and other services necessary to the success of the programs.
(e) Child development activities including, but not limited to, social, sensorimotor, conceptual and language development, and perceptual discrimination activities for migrant migratory  infants and prekindergarten children who are too young to participate in instructional services normally provided by the public schools.
(f) The active involvement of migratory  parents, teachers, schools,  and community representatives in the local implementation  planning, implementation, and improvement  of migrant education programs.
(g) An evaluation and monitoring component that specifically provides for oversight and evaluation of the operating agencies, school districts, and schools on a biannual basis by the department to ensure that migrant education programs are effective and operating in a manner consistent with federal statutes and regulations. The department shall evaluate migrant education programs using systematic, methodical, and sound evaluation instruments designed to measure program implementation and program results.

SEC. 3.

 Section 54442.1 is added to the Education Code, to read:

54442.1.
 (a) The Superintendent shall develop a monitoring instrument and monitoring procedure that provides for annual monitoring of each local educational agency and region receiving funds for the provision of services to migratory children, and that addresses each component identified in Section 54444.6 and all federal requirements set forth under Section 6391 of Title 20 of the United States Code and its corresponding regulatory provisions. The monitoring procedure shall include onsite monitoring of each operating agency receiving migrant education funds.
(b) The primary objectives of the Superintendent’s monitoring activities pursuant to subdivision (a) shall include, but are not limited to, all the following:
(1) Improving educational results and outcomes for all migratory children.
(2) Ensuring that regional operating agencies, school districts, and schools provide appropriate educational services to migratory children in a manner that addresses their special needs, including language access needs, in a coordinated and efficient manner.
(3) Ensuring that regional operating agencies, school districts, and schools afford migratory pupils full and appropriate opportunities to effectively participate in the general education program and have access to courses needed to graduate.
(4) Identifying and addressing disproportionate discipline of migratory pupils, migratory pupil enrollment in alternative education programs, and migratory pupil participation in independent study.

SEC. 4.

 Section 54442.2 is added to the Education Code, to read:

54442.2.
 The Superintendent shall periodically sponsor or conduct local training for both of the following purposes:
(a) The education of regional operating agency personnel assigned to, and responsible for, the evaluation of migrant education programs.
(b) Assisting regions and local educational agencies in the development and implementation of policies and procedures to ensure that, at the time of transfer into juvenile court schools or alternative educational placement, a youth who is not already identified as a migratory youth is properly assessed to determine his or her eligibility for migratory services and programs and, once enrolled in these services or programs, to ensure that the youth receives all the services to which he or she is eligible.

SEC. 5.

 Section 54442.3 is added to the Education Code, to read:

54442.3.
 The Superintendent shall submit to the state board, the Legislature, in accordance with Section 9795 of the Government Code, and the Governor, a triennial performance report of the migrant education programs.

SEC. 9.SEC. 6.

 Section 54443.1 of the Education Code is amended to read:

54443.1.
 Migrant education programs shall include all of the following:
(a) An individual assessment of the educational and relevant health needs of each participating pupil within 30 days of enrollment. This assessment shall include assessments concurrently provided pursuant to compensatory education, bilingual-crosscultural education, school improvement programs, and other programs serving the pupil.
(b) A general needs assessment developed in compliance with federal requirements summarizing the needs of the population to be served.
(c) A comprehensive program to meet the educational, health, and related needs of participating pupils which that  is supplemental to the program that  the operating agency is otherwise required to provide. The program shall include, but need not be limited to, the following:
(1) Academic instruction.
(2) Remedial and compensatory instruction.
(3) Bilingual and crosscultural instruction. instruction, which may include supplemental language support services and programs specially designed to meet the unique needs of indigenous migratory children. 
(4) Career technical instruction.
(5) Counseling and career education services.
(6) Preschool services in accordance with Section 54443.
(7) Other educational services that are not available in sufficient quantity or quality to eligible migratory children.
(8) The acquisition of instructional materials and equipment necessary to adequately provide the appropriate services.
(9) Other related services to meet the special identified  needs of eligible migratory children that are necessary to enable these children to effectively participate in instructional services.
(10) The coordination and teaming of existing resources serving migrant migratory  pupils, such as bilingual-crosscultural education, health screening, and compensatory education.
(d) A brief individual learning plan listing the services to be provided to each pupil shall be provided in writing or at a parent conference to the parent or guardian of each participating pupil, annually and each time the pupil moves to a new district. district or experiences a change in school placement or educational program. 
(e) Staffing and staff development plans and practices to meet the needs of migratory  pupils and implement the program.
(f) Parent and community involvement as specified in Section 54444.2.
(g) Evaluations that shall include annual pupil progress and overall program effectiveness and quality control reports. reports in accordance with Section 54444.6. 
(h) (1) Regional service centers shall collect and report to the department individual and aggregate data for migratory pupils regarding all of the following:
(A) Identification and recruitment.
(B) Preschool participation.
(C) Enrollment in kindergarten and grades 1 to 12, inclusive.
(D) Enrollment in alternative education programs by type of program, including, but not limited to, community schools, community day schools, continuation high schools, and juvenile court schools.
(E) Participation in independent study and credit accrual programs.
(F) Designation and redesignation of English learners.
(G) Course enrollment, including, but not limited to, courses fulfilling A-G subject area requirements.
(H) Suspension and expulsion.
(I) Truancy and chronic absenteeism.
(J) Referral to a school attendance review board.
(K) Disciplinary transfer.
(L) Retention.
(M) Dropout.
(N) California high school exit examination results.
(O) Graduation.
(P) Postsecondary education enrollment.
(Q) Vocational program enrollment.
(R) Other information deemed necessary by the Superintendent in consultation with the State Parent Advisory Council.
(2) The department shall make the data available in a format that is readily accessible to migratory parents, teachers, and community representatives.
(h) (i)  School districts and other education agencies shall be eligible to apply for funding to serve migrant migratory  pupils upon application to their respective region, or, if they meet the criteria established in subdivision (b) of Section 54444.1, to the department. Operating agencies shall include in their application a description of how the entities will coordinate the planning, budgeting, and operation of the migrant education programs with the planning, budgeting, and operation of other federal and state education programs addressing the needs of the same or similar pupils of the operating agency. The description shall include time  includetime  lines and cover services provided through school improvement, nonmigrant Title I, state compensatory and limited- and non-English proficient, Title VII, and other funds. If the application meets state and federal requirements, negotiations for an appropriate service agreement shall begin involving the parties listed in subdivision (a) or (b) of Section 54444.1.

SEC. 10.SEC. 7.

 Section 54444.1 of the Education Code is amended to read:

54444.1.
 (a) In implementing the state master plan for services to migrant migratory  children, the Superintendent shall establish the service regional system as the primary method for the delivery of services to migrant migratory  children. The Superintendent shall review and approve plans for the establishment of service regions and shall incorporate the following criteria in the approval of regional plans:
(1) The boundaries of regions shall include all geographic areas with migrant migratory  and seasonal agricultural workers and fishermen.
(2) Regional service centers shall be located in areas with high concentrations of migrant migratory  and seasonal agricultural workers and fishermen. Regional headquarters shall be located as follows:
(A) In areas requiring large numbers of these workers for a period of at least two consecutive months during each year.
(B) In areas that normally contract for migrant migratory  and seasonal agricultural workers with families rather than single adults.
(C) In areas where migrant migratory  and seasonal agricultural workers are involved in the transition from hand labor to mechanization.
(3) Regions shall be located in each geographic area of the state, except areas within the boundaries of directly funded districts.
(4) Except areas within the boundaries of directly funded districts, regions shall be contiguous to one another and should have no less than 1,500 migratory children. In no event shall a county be split among two separate regions in order to meet the requirements of this paragraph.
(5) Regions shall be organized so as to provide quality services to all affected parties and maintain fiscal procedures in conformity with requirements adopted by the department.
(6) The boundaries of regions shall be drawn in a manner that avoids excessive commuting by personnel or by participants in the programs, not to exceed 100 miles from the schoolsite to the operating agency.
(7) If a proposed region cannot meet the criteria established in paragraph (4) or (6), it may request that the criteria be waived by the state board. The waiver request shall be based upon a study, conducted by the entities, including their respective parent advisory councils, comprising the proposed region, that explains why the waiver is required and that describes likely outcomes if the waiver is not granted.
(8) A written evaluation plan that describes how the operating agency will measure annual pupil progress and the overall success of its program in accordance with Section 54444.6.
(b) (1)  An agency meeting the criteria set forth in this subdivision and subdivision (f) of Section 54441 may apply to the department for designation as a region. The application shall be in a format with sufficient information and at times designated by the Superintendent. The application shall include documentation of active participation, review and comment by the appropriate parent advisory councils, and signatures by parent advisory council chairpersons that the review and comment has taken place, and shall further include documentation that the agencies and parent representative comprising the proposed region have met as a group prior to  before  submission of the application and have agreed upon the formation of, and participation in, the region and a general delineation of the services which that  will be provided in the region.
(2)  Directly funded districts shall be invited by the regions to participate in regional activities and meetings. Staff and parent advisory council members in the districts shall also be invited to regional inservice  in service  activities and conferences.
(c) The department may directly fund local educational agencies, in whole or in part, to provide services to eligible migrant migratory  children if it is cost effective to do so; if the applicant agency serves not less than 1,500, nor more than 8,000, currently migratory children; has sufficient programmatic and fiscal resources to deliver an effective migrant education program; is in compliance with the federal and state requirements regarding migrant education programs; maintains an ongoing and functional parent advisory council that has voted on a biennial basis to approve the participation in the directly funded program, including the approval of a majority of the members who are the parents of migrant children; and  migratory children, and is actively involved in the planning, review, and improvement of the program; and  maintains fiscal procedures in conformity with the requirements adopted by the department. All districts that are directly funded on January 1, 1982, may continue to be funded directly, provided that the districts comply with the criteria prescribed by this subdivision, except for the size criterion.
(d) (1)  The responsibilities of the various parties involved in the delivery of services to migrant migratory  children shall be set forth in a service agreement. A service agreement shall be a legally binding contract signed by the duly constituted authorities at the state, county, district, or private or public nonprofit agencies, or a combination thereof. In the regional delivery system, there shall be two parties to every service agreement; the region and the district or other operating agencies in which the eligible migrant migratory  pupils are enrolled. When a district or agency is funded directly by the state, the parties to the service agreement shall include the department and the district or operating agency in which the eligible migrant migratory  pupils are enrolled. The basic responsibilities of these three parties shall be as specified in Section 54444.4.
(2)  The parties, whether regional or directly funded, shall take the necessary steps to ensure the effective involvement of the migrant parent advisory committee council  for that district or agency. Representatives of the migrant parent advisory committee shall have the right to  council shall  be present and participate in all deliberations between the parties regarding the service agreement or any subsequent changes thereto.  to the service agreement.  The service agreement shall include a signed statement from the officers of the migrant parent advisory committee council  signifying that the participation has occurred.
(e) The Superintendent shall develop an annual operating calendar for regions and directly funded districts, including dates for the submission and approval of applications and service agreements. Any changes in regional boundaries for the subsequent fiscal year shall be made and approved by December 31 of the current year. Any changes in funding allocations for regions shall be made by December 31 of the current year or immediately after notification of a federal grant award.
(f) The Superintendent shall preserve the supplemental nature of the migrant education program. The program shall be maintained outside the supervision or above the administrative level of the consolidated application programs. The Superintendent shall not incorporate the migrant education program into the consolidated application process, except as provided below:
(1) Directly funded districts may apply for migrant education funds as part of their consolidated application provided the district parent advisory council on migrant education approves the inclusion.
(2) A copy of the district’s annual application for migrant education funds as required by subdivision (h) (i)  of Section 54443.1 shall be attached to the district’s annual consolidated application.

SEC. 11.SEC. 8.

 Section 54444.2 of the Education Code is amended to read:

54444.2.
 (a) The Superintendent of Public Instruction  shall take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which shall include, but need not be limited to, the following:
(1) The Superintendent shall adopt rules and regulations requiring each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council.
(A) The membership of each parent advisory council shall be composed of members who are knowledgeable of about  the needs of migrant children migratory children,  and shall be elected by the parents of migrant migratory  children enrolled in the operating agency’s programs. The composition of the council shall be determined by the parents at a general meeting to which all parents of pupils enrolled in the migrant program shall be invited. Parents shall be informed, in a language they understand, that the parents have the sole authority to decide on the composition of the council. All parent candidates for the council shall be nominated by parents; nonparent candidates shall be nominated by the groups they represent: teachers by teachers, administrators by administrators, other school personnel by other school personnel, and pupils by pupils. All other community candidates shall be nominated by the parents. Each parent advisory council shall hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year. year for two consecutive days each time. 
(B) At least two-thirds of the members of each parent advisory council shall be the parents of migrant migratory  children. Each parent advisory council shall have the responsibilities listed in subdivision (a) of Section 54444.4.
(2) (A)  The Superintendent shall establish a statewide parent advisory council that shall participate in the planning, operation, and evaluation of the state migrant education program. The membership of the statewide parent advisory council shall be composed of members who are knowledgeable of about  the needs of migrant children migratory children,  and shall be nominated and elected by the parents of migrant migratory  children enrolled in the operating agencies. At least two-thirds of the members of the State Parent Advisory Council shall be the parents of migrant children. The state council shall meet a minimum of six times a calendar year to provide input on issues relating to the operation of the program. Special meetings may be called at the discretion of the state director. migratory children. 
(B) (i) The state council shall meet a minimum of nine times per calendar year to provide input on issues relating to the operation of the program.
(ii) Additional meetings may be called by mutual agreement between the Superintendent and the state director.
(iii) Special meetings may be called at the discretion of the state director.
(C) All meetings of the statewide parent advisory council shall be held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(3) (A) (i)  The Superintendent also shall sponsor a biennial an annual  State Parent Advisory Council Conference. The conference shall be scheduled during the spring. spring of every year. 
(ii) The Superintendent may sponsor regional conferences to take the place of the State Parent Advisory Council Conference if the Superintendent determines that regional conferences will increase parent participation.
(B) Every three years, the  The  State Parent Advisory Council shall prepare and submit a report to the Legislature, pursuant to Section 9795 of the Government Code, the  the  state board, the Superintendent, and the Governor regarding the status of the migrant education program. The report shall be submitted within 120 days from the conclusion of a training program on preparing the report provided by the Superintendent in accordance with paragraph (5).
(C) The report shall include an evaluation of the migrant education program, as required pursuant to paragraph (2),  (2) of subdivision (a),  a review of annual needs and a yearend assessment, as required pursuant to paragraph (2) of subdivision (a) of Section 54444.4, and policy recommendations.
(4) The Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, a copy of all applicable state and federal migrant education statutes, rules and regulations, and guidelines. In addition, the Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, copies of all applicable state and federal audits, monitoring reports, and evaluations. Upon request and when practicable, these documents shall be provided in a language understandable to each member, and each regional and state migrant education program plan shall be provided in a language understandable to each member before its consideration for final approval. 
(5) The Superintendent and each operating agency shall establish and implement training programs for members of the statewide and operating agency parent advisory councils to enable them to carry out their responsibilities. Each training program shall be developed in consultation with the parent advisory councils councils,  and shall include appropriate training materials in a language understandable to each member. Costs incurred in providing training under this paragraph, including federally authorized expenses associated with the attendance of members at training sessions, shall be funded, to the extent that funds are available, by federal funds allocated to the state, based upon the educational and related health needs of migratory children defined in subdivisions (a) and (b) of Section 54441, and may be supported by funds from the state migrant education program.
(b) Each operating agency that provides services on a statewide basis shall be exempt from the requirement that it create its own parent advisory council, but shall consult the statewide parent advisory council in the planning, operation, and evaluation of its programs.

SEC. 9.

 Section 54444.3 of the Education Code is amended to read:

54444.3.
 (a) Each operating agency receiving Title I Migrant Education funding shall conduct summer school programs for eligible migrant migratory  children in kindergarten and grades 1 to 12, inclusive. The summer school programs shall respond to the individual needs of participating pupils and shall build on and be consistent with the instructional programs offered to these pupils during the regular school year. Each summer school program shall be funded, to the extent that funds are available, by federal funds earmarked for migrant education programs, and shall meet the following criteria:
(1) (A)  That summer school programs meet the following time requirements:
(A) (i)  For kindergarten classes, not less than 180 minutes per day, based upon the full apportionment day of 240 minutes, including recesses, for not less than 20 teaching days.
(B) (ii)  For grades 1 to 8, not less than 200 minutes per day, based upon the full apportionment day of 240 minutes, including recesses and passing time but excluding noon intermissions, for not less than 20 teaching days.
(C) (iii)  For grades 7 to 12, not less than 240 minutes per day, including passing time but excluding noon intermissions, for not less than 30 teaching days.
(B)  Exemptions from the requirements of this paragraph may be made by the Superintendent of Public Instruction  upon petition submitted to him or her  by the district. The basis for the exemption shall be agricultural labor factors, climatic conditions, specialized educational programs, and other conditions appearing to the superintendent Superintendent  to warrant exemption.
(C)  For purposes of this paragraph, holidays designated in Section 37220 other than Saturday and Sunday may be deducted from the required number of teaching days.
(2) That the program has been established with the prior written approval of the superintendent Superintendent  based upon the submission of an application which that  is in the form prescribed and furnished by the superintendent. Superintendent.  Each application shall designate the persons who will exercise administrative or supervisorial responsibilities for the summer school program and shall be submitted prior to  before  the establishment of the summer school program.
(3) That the summer school program contains coursework which that  is of the same level of difficulty in each subject as that provided to pupils enrolled in regular classes of instruction within the school district in the preceding year.
(4) That instructional programs are taught by staff with cultural training or background and understanding of the special needs of migrant migratory  children, and who are properly credentialed for the subjects and grade levels to which they are assigned.
(5) That the summer school program supplements other summer school programs, whether required or optional and whether federally or state funded, operated by the school district, including the programs for graduating high school seniors, handicapped children, pupils enrolled in grade 11, pupils enrolled in grades 7 to 12 who do not meet the district’s adopted proficiency standards, and eligible compensatory education pupils.
(b) (1)  Each school district, county office of education, and community college district shall, upon request, make facilities available at cost for the operation of migrant summer school programs whenever they are available. Where available, these facilities shall be suitable for the summer climate. The superintendent Superintendent  may allow neighboring districts to jointly offer facilities if he or she determines that the use of one district’s facilities for an area will adequately meet the needs of the migrant summer school program for the entire area.
(2)  If the Superintendent of Public Instruction  determines that requests from prospective users of these facilities were denied without just cause, the superintendent Superintendent  shall reduce the district’s or county superintendent’s entitlement from Section A of the State School Fund by an amount equal to one thousand dollars ($1,000) or four times the costs to the prospective user for alternative facilities for the entire period for which the facilities were requested, whichever is greater.

SEC. 13.SEC. 10.

 Section 54444.4 of the Education Code is amended to read:

54444.4.
 (a) The responsibilities of parent advisory councils at the district, regional, and state levels shall include, but are not limited to, all of the following:
(1) The establishment of migrant education program goals, objectives, and priorities.
(2) The review of annual needs and year-end yearend  assessment, as well as program activities, for each school, and a review of individualized educational plans. plans to ensure that plans are developed and implemented in compliance with state and federal requirements. 
(3) Advice on the selection, development, and reassignment of migrant education program staff.
(4) Active involvement in the planning and negotiation of program applications and service agreements required under Section 54444.1.
(5) All other responsibilities required under state and federal laws or regulations.
(b) The responsibilities of the school districts or other agencies operating programs for migrant migratory  pupils include, but are not limited to, all of the following:
(1) Providing services in compliance with applicable state and federal laws or regulations.
(2) Providing information to parents.
(3) Providing support to instructional staff.
(c) The responsibilities of the region include, but are not limited to, the following:
(1) Providing funding to operating agencies within its jurisdiction in accordance with service agreements.
(2) Providing technical assistance to operating agencies operating under service agreements.
(3) Providing interagency coordination to improve the services available to participating migratory  pupils.
(4) Providing training for  and technical assistance to  the parents and members of school  district, regional, and school parent advisory councils. councils to assist them in fulfilling their roles and responsibilities. 
(5) Providing or arranging for staff development services for migrant education staff at the school and district levels.
(6) Providing direct services required pursuant to a service agreement entered into by the region.
(d) The responsibilities of the State Board of Education  state board  and the department shall be as set forth in the State Master Plan for Migrant Education developed under Section 54442.

SEC. 11.

 Section 54444.6 is added to the Education Code, to read:

54444.6.
 A local educational agency and region receiving funds for the provision of services to migratory children, as part of its refunding application, shall include an evaluation of the overall program effectiveness for the prior year that includes all of the following:
(a) Deficiencies in academic achievement of migratory children as compared to nonmigratory children.
(b) Identification of, and provision of services to, migratory children in the geographic area served by the district, agency, or region, including out-of-school migratory youth and children and youth enrolled in alternative and court-supervised school placements.
(c) Enrollment in preschool and kindergarten.
(d) Access to, enrollment in, and completion of courses that fulfill the A-G subject area requirements.
(e) Dropout prevention and intervention.
(f) Retention.
(g) Truancy and pupil discipline including suspension, expulsion, and actions resulting in disciplinary transfer or referral to a school attendance review board.
(h) Vocational education opportunities.
(i) Graduation, including completion of the high school exit examination.
(j) Postsecondary education enrollment.
(k) Health services.
(l) Intersession programs.
(m) Other supplemental services.
(n) Staff experience and quality.
(o) Data collection and evaluation.
(p) Records of transfer.
(q) Parental involvement, including establishment of, and participation in, the parent advisory council, conduct of regular meetings, participation in the development and approval of the local migrant education plan, participation in State Parent Advisory Council activities, and parent training.