Today's Law As Amended

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AB-1661 School accountability: federal compliance with accountability requirements.(2017-2018)



SECTION 1.

 Section 430 of the Education Code is amended to read:

430.
 (a) This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act.
(b) The purpose of this chapter is to ensure that instructional services are provided to pupils with limited English proficiency English learners  in conformity with federal requirements that are designed to ensure that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction.
(c) This chapter is intended to be declaratory of Title III of the federal No Child Left Behind Act of 2001  Every Student Succeeds Act  (20 U.S.C. Sec. 6301 6801  et seq.) and is intended to assist local educational agencies in understanding the requirements and funding formulas to provide allowable services. It is the intent of the Legislature that, to the extent federal law is amended, this chapter will be amended to conform to those changes.
(d) The requirements of this chapter apply only to local educational agencies that receive federal funds pursuant to Title III of the federal No Child Left Behind Act of 2001. Every Student Succeeds Act (Public Law 114-95). 

SEC. 2.

 Section 435 of the Education Code is amended to read:

435.
 For purposes of this chapter, the following terms have the following meanings:
(a) “English learner” or “pupil of limited English proficiency” means a pupil  means an individual (1) who is 3 to 21, inclusive, years of age, (2) who is enrolled or preparing to enroll in an elementary or secondary school, (3) either (A)  who was not born in the United States or whose native language is a language other than English or who  English, (B) who is a Native American, Alaska Native, or native resident of the outlying areas, and who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency, or (C) who is migratory and whose native language is a language other than English and who  comes from an environment where a language other than English is dominant; dominant,  and (4)  whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the state’s proficient level of achievement on state assessments,  challenging academic standards,  the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society.
(b) “Immigrant pupil” means a pupil who was children and youth” means individuals who were  born in a country other than the United States and who has attended a kindergarten class or any of grades 1 to 12, inclusive, in a school in the United States for three or fewer States, are 3 to 21, inclusive, years of age, and have not been attending one or more schools in one or more states for more than three full academic  years.
(c) “English learner with a disability” means an English learner who is also a child with a disability, as that term is defined in Section 1401 of Title 20 of the United States Code.
(c) (d)  “Federal No Child Left Behind Elementary and Secondary Education  Act of 2001” 1965”  means Public Law Number 107-110  114-95  (20 U.S.C. Sec. 6801, 6301  et seq.).

SEC. 3.

 Section 436 is added to the Education Code, to read:

436.
 A pupil shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.

SEC. 4.

 Section 440 of the Education Code is amended to read:

440.
 (a) A local educational agency shall provide instructional services to limited-English-proficient pupils English learners  and immigrant pupils  children and youth  in conformity with Section 6801 Sections 6811  and following of Title 20 of the United States Code.
(b) In accordance with Section 7012 6312  of Title 20 of the United States Code, each parent or guardian of a pupil  an English learner  enrolled in a public school shall receive notice of the assessment of his or her child’s English language proficiency not later than 30 days after the start of the school year. For children who have not been identified as English learners before the beginning of the school year, the local educational agency shall notify the child’s parent or guardian during the first two weeks of the child being identified as an English learner.  The notice shall be provided to parents or guardians in an understandable and uniform format, in a language the parents or guardians can understand, to the extent practicable and consistent with Section 48985, and shall  include all of the following:
(1) The reason reasons  for the child’s classification as limited English proficient. an English learner and in need of placement in a language acquisition program. 
(2) The level of English proficiency. proficiency, how that level was assessed, and the status of the child’s academic achievement. 
(3) A description of the program for the English language development instruction, language acquisition program,  including a description of all of the following:
(A) The methods of instruction used in the program and the methods used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction.
(A) (B)  The manner in which the program will meet the educational strengths and needs of the child.
(B) (C)  The manner in which the program will help the child develop his or her English proficiency and meet age appropriate academic standards. standards for grade promotion and graduation. 
(C) (D)  The state’s  specific exit requirements for the program, the  from English learner status, the  expected rate of transition from the program into classrooms that are not tailored for limited-English-proficient children, English learners,  and the expected rate of graduation from secondary school  school, including four-year and extended-year adjusted cohort graduation rates,  for the program if funds available under Sections 6801 and following of Title 20 of the United States Code are used for children in secondary schools.
(D) (E)  Where the child has been identified as having exceptional needs, In the case of an English learner with a disability,  the manner in which the program meets the requirements of the child’s individualized education plan. program. 
(4) Information regarding a parent or guardian’s option to decline to allow the child to become enrolled in the program pertaining to parental rights that includes written guidance detailing the right that parents or guardians have to have their child immediately removed from that program upon their request and detailing the options that parents or guardians have to decline to enroll their child in that program,  or to choose to allow the child to become enrolled in an alternative program. another program or method of instruction, if available, such as a language acquisition program pursuant to Section 310. 
(5) Information designed to assist a parent or guardian in selecting among available programs, if more than one program is offered.

SEC. 5.

 Section 441 of the Education Code is repealed.

441.
 A local educational agency that receives federal funds for a language instruction program and that fails to make progress on the annual pupil achievement objectives in any fiscal year shall inform each parent or guardian of each pupil identified for participation in that program, or participating in that program, within 30 days of the occurrence of the failure, as required pursuant to Section 7012 (b) of Title 20 of the United States Code.

SEC. 6.

 Section 441 is added to the Education Code, to read:

441.
 (a) In accordance with Section 6312(e)(3)(C) of Title 20 of the United States Code, a local educational agency receiving funds under Sections 6801 and following of Title 20 of the United States Code shall implement an effective means of outreach to parents or guardians of English learners to inform the parents or guardians how they can do both of the following:
(1) Be involved in the education of their children.
(2) Be active participants in assisting their children to do all of the following:
(A) Attain English proficiency.
(B) Achieve at high levels within a well-rounded education.
(C) Meet the challenging state academic standards expected of all pupils.
(b) This outreach shall include holding regular meetings for the purpose of formulating and responding to recommendations from parents or guardians, and sending out notice of opportunity for those meetings. Local educational agencies may fulfill parent or guardian outreach in accordance with paragraph (1) of subdivision (b) of Section 52063.

SEC. 7.

 Section 443 of the Education Code is amended to read:

443.
 (a) In accordance with Section 6826 of Title 20 of the United States Code, an eligible local educational agency desiring a subgrant pursuant to Section 6824 of Title 20 of the United States Code shall submit a plan to the State Department of Education  department  at the time, in the manner, and containing the information, that the State Department of Education  department  may require.
(b) The plan submitted shall do the following:
(1) Describe the programs and activities to be developed, implemented, and administered.
(2) Describe how the agency will use the subgrant funds to meet all  annual measurable  achievement objectives for limited-English-proficient pupils English learners  in English proficiency and in meeting challenging state academic content and pupil academic achievement standards.
(3) Describe how the agency will hold elementary schools and secondary schools accountable for all of the following: ensure that schools receiving subgrant funds assist English learners in achieving English proficiency based on the state’s English language proficiency assessment and meeting the state’s challenging academic standards. 
(A) Meeting the annual measurable achievement objectives.
(B) Making adequate yearly progress for limited-English-proficient pupils.
(C) Annually measuring the English proficiency of limited-English-proficient pupils so that pupils served develop proficiency in English while meeting state academic content and pupil academic achievement standards.
(4) Describe how the agency will promote parental  parental, family,  and community participation in programs for limited-English-proficient pupils. engagement in the education of English learners. 
(5) Contain an assurance that the agency consulted with teachers, researchers, school administrators, and parents, and, if appropriate, with education-related community groups and nonprofit organizations, community members, parents or guardians and family members, public or private entities,  and institutions of higher education, in developing the plan.
(6) Describe how language instruction education programs carried out under the subgrant will ensure that limited-English-proficient pupils being served by the programs develop English proficiency. Contain an assurance that the agency is complying with all portions of Title 20 of the United States Code and is not in violation of any state law, including state constitutional law, regarding the education of English learners. 
(7) Contain an assurance that the agency will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers.

SEC. 8.

 Section 444 of the Education Code is amended to read:

444.
 In accordance with Section 6826 (c) of Title 20 of the United States Code, a local educational agency that receives a federal subgrant pursuant to Sections 6801 and following of Title 20 of the United States Code shall include in its plan a certification that all teachers in any language instruction education program for limited-English-proficient pupils English learners  that is, or will be, funded under Part A of Title III of the federal No Child Left Behind Act of 2001  Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act (Public Law 114-95),  are fluent in English and any other language used for instruction, including having written and oral communication skills.

SEC. 9.

 Section 446 of the Education Code is amended to read:

446.
 In compliance with Section 6824 of Title 20 of the United States Code, the Superintendent of Public Instruction may  shall  not award a subgrant in an amount that is less than ten thousand dollars ($10,000). A local educational agency may form a consortium with one or more other local educational agencies to apply for federal  Title III funds as a consortium, if the grant to the consortium is ten thousand dollars ($10,000) or more. A consortium shall include only those entities specified by Section 6871 of Title 20 of the United States Code.  If a consortium applies for a subgrant, it shall be awarded to the local lead educational agency on behalf of all of the members of the consortium. The members of the consortium shall collectively develop and approve a memorandum of understanding for the implementation of the programs and services they will provide with these funds.

SECTION 1.SEC. 10.

 Section 11500 of the Education Code is amended to read:

11500.
 The Legislature hereby finds and declares all of the following:
(a) Despite a substantial increase in school funding over the last five years, a significant percentage of the school-aged population, particularly in large urban areas, is learning well below the statewide average and is making only marginal progress at best.
(b) Parental involvement and support in the education of children is an integral part of improving academic achievement. Educational research has established that properly constructed parent involvement programs can play an important and effective role in the participation of parents in their children’s schools and in raising pupil achievement levels.
(c) The federal government has recognized the critical role of parents in the educational process and now mandates parental involvement  requires parental and family engagement  programs as a condition of eligibility for funds under the Augustus F. Hawkins-Robert T. Stafford  federal  Elementary and Secondary School Improvement Amendments of 1988 (P.L. 100-297). Education Act (20 U.S.C. Sec. 6301 et seq.). 
(d) The State Board of Education  state board  has also adopted a policy urging the creation of parent involvement programs in all schools.
(e) California’s School Improvement Program has historically maintained parent The local control funding formula legislation adopts parental  involvement as one of its component parts. key components. 
(f) Research and experience have demonstrated that these programs succeed only when certain components are made part of the program.

SEC. 2.SEC. 11.

 Section 11501 of the Education Code is amended to read:

11501.
 It is the intent of the Legislature in enacting this chapter to ensure that parent involvement  and family engagement  programs are properly designed and implemented and to provide a focus and structure for these programs based on prior experience and research while maintaining sufficient local flexibility to design a program that best meets the needs of the local community.

SEC. 3.SEC. 12.

 Section 11502 of the Education Code is amended to read:

11502.
 It is the purpose and goal of this chapter to do all of the following:
(a) To engage parents and family members  positively in their children’s education by helping parents to develop  providing assistance and training on topics such as state academic standards and assessments to develop knowledge and  skills to use at home that to  support their children’s academic efforts at school and their children’s development as responsible future members of our society.
(b) To inform parents that they can directly affect the success of their children’s learning, by providing parents with techniques and strategies that they may utilize to improve their children’s academic success and to assist their children in learning at home.
(c) To build consistent and effective two-way  communication between the home family members  and the school so that parents and family members  may know when and how to assist their children in support of classroom learning activities.
(d) To train teachers and administrators  teachers, school administrators, specialized instructional support personnel, and other staff  to communicate effectively with parents. parents as equal partners. 
(e) To integrate parent involvement programs, including compliance with this chapter, into the school’s master plan for academic accountability. and coordinate parent and family engagement activities with the local control and accountability plan adopted pursuant to Section 47606.5, 52060, or 52066, as applicable, with other programs. 

SEC. 4.SEC. 13.

 Section 11503 of the Education Code is amended to read:

11503.
 The governing board of each school district and county office of education  shall establish a parent involvement  written parent and family engagement  program for each school in the district that receives funds under Chapter 1 of  the federal Elementary and Secondary Education Act of 1965,  (20 U.S.C. Sec. 6301 et seq.),  as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (P.L. 100-290).  federal Every Student Succeeds Act (Public Law 114–95).  That program shall contain at least the following elements:
(a) Procedures to ensure that parents and family members  are consulted and participate in the planning, design, implementation, and evaluation of the program.
(b) Procedures to involve parents and family members in developing the Local Educational Agency Plan and school support and improvement plans under Section 6312 of Title 20 of the United States Code.
(c) Procedures to provide assistance and support necessary to build schools’ capacity to plan and implement effective parent and family engagement activities.
(d) Procedures to train teachers, school administrators, and other staff on outreach and effective communication with parents and family members as equal partners.
(b) (e)  Regular and periodic programs throughout the school year that provide for training, instruction, and information on all of the following:
(1) Parental and family member  ability to directly affect the success of their children’s learning through the support they give their children at home and at school.
(2) Explanation of curriculum, state academic achievement standards, and state and local assessments.
(2) (3)  Home activities, strategies, and materials that can be used to assist and enhance the learning of children both at home and at school.
(3) (4)  Parenting skills that  Skills to  assist parents and family members  in understanding the development needs of their children and in understanding how to provide positive discipline for, and build healthy relationships with, their children.
(4) (5)  Parental ability to develop  Developing  consistent and effective communications between the school and the parents and family members  concerning the progress of the children in school and concerning school programs.
(c) (f)  An annual statement identifying specific objectives of the program. program consistent with the requirements of this section. 
(d) (g)  An annual review and assessment of the program’s progress in meeting those objectives. Parents shall be made aware of the existence of this review and assessment through regular school communications mechanisms and shall be given a copy upon the parent’s request.

SEC. 5.SEC. 14.

 Section 12030 of the Education Code is amended to read:

12030.
 The people of the State of California accept the provisions of, and each of the funds provided by, the act of Congress entitled titled  “An act to strengthen the national defense and to encourage and assist in the expansion and improvement of educational programs to meet critical national needs; and for other purposes” (National Defense Education Act of 1958), approved September 2, 1958, and the act of Congress entitled “Elementary  federal Elementary  and Secondary Education Act of 1965.” (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act (Public Law 114–95). 

SEC. 6.SEC. 15.

 Section 12032 of the Education Code is amended to read:

12032.
 The State Board of Education  state board  is designated as the state educational agency to carry out the purposes and the provisions of these acts of Congress. The State Board of Education  state board  is hereby vested with authority to prepare and submit to the United States Commissioner Secretary  of Education any state plan required by these acts of Congress, to prepare and submit amendments to the state plans, and to administer the state plans or amendments thereto, in accordance with these acts of Congress and any rules and regulations adopted thereunder. The State Board of Education  state board  is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of these acts of Congress and the rules and regulations adopted thereunder.

SEC. 8.SEC. 16.

 Section 33318.5 of the Education Code is amended to read:

33318.5.
 (a) In addition to the dropout rate the department compiles pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),  Every Student Succeeds Act (Public Law 114–95),  the department shall compile an attrition rate for high school pupils in the state pursuant to the formula specified in subdivision (b).
(b) The attrition rate is the difference between the number of pupils who enrolled in grade 9 in a particular year and the number of pupils who, four years later, receive a diploma of graduation from high school, divided by the number of pupils who enrolled in grade 9 in the particular year.

SEC. 9.SEC. 17.

 Section 33370 of the Education Code is amended to read:

33370.
 (a) There is hereby created within the department an American Indian Education Unit, which shall provide technical support to, and proper administrative oversight of, American Indian education programs established by the state in order to ensure that American Indian pupils in California public schools are able to meet the challenging academic standards of the federal No Child Left Behind Act of 2001  Elementary and Secondary Education Act  (20 U.S.C. Sec. 6301 et seq.) and that those programs reflect the cultural and educational standards stated in Executive Order No. 13336, 69 Federal Register 25295 (May 5, 2004), relating to American Indian and Alaska Native Education.
(b) The Superintendent shall appoint an American Indian Education Unit Manager who shall oversee the American Indian Education Unit.
(c) The duties of the American Indian Education Unit shall include the development of clear, consistent, and effective operating policies and procedures that include measures to ensure that the learning needs of American Indian pupils are being adequately addressed.
(d) The department shall ensure that staff are properly trained in the application of the policies adopted pursuant to subdivision (c) and that the policies are consistent with the legislative intent relating to the California American Indian Education Program and with Section 11019.6 of, subdivisions (d) and (f) of Section 11340 of, and Section 11342.2 of, the Government Code.
(e) The department shall prescribe the following:
(1) The data that California American Indian education centers shall report on an annual basis in order to measure program performance.
(2) On or before January 1, 2011, and again on or before January 1, 2016, the department shall conduct an evaluation of the centers to determine whether to renew the application of each existing center or instead to approve an application to establish a new center.
(3) A description of the consequences for failing to submit the data.
(f) The department shall adopt policies that include:
(1) An equitable process that will be used to select centers that will receive grant awards and determine their respective funding amounts.
(2) Establish a prompt timeframe for disbursing approved payments to the centers.
(3) A monitoring process and plan to ensure that fiscal and program information reported by the centers is accurate and complete, including a process for corrective action and investigation by the department for noncompliance. The process shall be based upon consistent and equitable principles.
(4) The incorporation of culturally responsive methodologies in order to ensure that an optimal educational program for American Indian pupils is supported and maintained.
(5) Ensuring respect for the federal trust and sovereign nation status of California American Indian tribes.
(g) The Superintendent, with input from existing California American Indian education center directors, shall appoint an American Indian Education Oversight Committee by January 30, 2007, composed of at least seven educators, four of whom shall be California American Indian education center directors. If the Superintendent is unable to find a qualified individual to fill a vacancy in one of the four positions for center directors within 30 days of the vacancy arising, he or she may fill the vacancy with an educator who is not a center director. All members shall possess proven knowledge of current educational policies relating to, and issues faced by, American Indian communities in California. This committee shall provide input and advice to the Superintendent on all aspects of American Indian education programs established by the state.

SEC. 18.

 Section 48853.5 of the Education Code is amended to read:

48853.5.
 (a) This section applies to a foster child. “Foster child” means a child who has been removed from his or her home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(b) The department, in consultation with the California Foster Youth Education Task Force, shall develop a standardized notice of the educational rights of foster children, as specified in Sections 48850 to this section, inclusive, and Sections  48911, 48915.5, 49069.5, 49076, 51225.1, and 51225.2. The notice shall include complaint process information, as applicable. The department shall make the notice available to educational liaisons for foster children for dissemination by posting the notice on its Internet Web site. Any version of this notice prepared for use by foster children shall also include, to the greatest extent practicable, the rights established pursuant to Section 16001.9 of the Welfare and Institutions Code. In developing the notice that includes the rights in Section 16001.9 of the Welfare and Institutions Code, the department shall consult with the Office of the State Foster Care Ombudsperson.
(c) Each local educational agency shall designate a staff person as the educational liaison for foster children. In a school district that operates a foster children services program pursuant to Chapter 11.3 (commencing with Section 42920) of Part 24 of Division 3, the educational liaison shall be affiliated with the local foster children services program. The educational liaison shall do both of the following:
(1) Ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to another school or from one school district to another school district in ensuring proper transfer of credits, records, and grades.
(d) If so designated by the superintendent of the local educational agency, the educational liaison shall notify a foster child’s attorney and the appropriate representative of the county child welfare agency of pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act, and, if the foster child is an individual with exceptional needs, pending manifestation determinations pursuant to Section 1415(k) of Title 20 of the United States Code if the local educational agency has proposed a change in placement due to an act for which the decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools.
(e) This section does not grant authority to the educational liaison that supersedes the authority granted under state and federal law to a parent or legal guardian retaining educational rights, a responsible adult appointed by the court to represent the child pursuant to Section 361 or 726 of the Welfare and Institutions Code, a surrogate parent, or a foster parent exercising the authority granted under Section 56055. The role of the educational liaison is advisory with respect to placement decisions and determination of the school of origin.
(f) (1) At the initial detention or placement, or any subsequent change in placement of a foster child, the local educational agency serving the foster child shall allow the foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court.
(2) If the jurisdiction of the court is terminated before the end of an academic year, the local educational agency shall allow a former foster child who is in kindergarten or any of grades 1 to 8, inclusive, to continue his or her education in the school of origin through the duration of the academic school year.
(3) (A) If the jurisdiction of the court is terminated while a foster child is in high school, the local educational agency shall allow the former foster child to continue his or her education in the school of origin through graduation.
(B) For purposes of this paragraph, a school district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this paragraph, unless the individualized education program team determines that transportation is a necessary related service.
(4) To ensure that the foster child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district.
(5) (A)  Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with Section 6312(c)(5) of Title 20 of the United States Code, or  otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district.
(B) In accordance with Section 6312(c)(5) of Title 20 of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth.
(6) The educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, may recommend, in accordance with the foster child’s best interests, that the foster child’s right to attend the school of origin be waived and the foster child be enrolled in a public school that pupils living in the attendance area in which the foster child resides are eligible to attend.
(7) Before making a recommendation to move a foster child from his or her school of origin, the educational liaison shall provide the foster child and the person holding the right to make educational decisions for the foster child with a written explanation stating the basis for the recommendation and how the recommendation serves the foster child’s best interests.
(8) (A) If the educational liaison, in consultation with the foster child and the person holding the right to make educational decisions for the foster child, agrees that the best interests of the foster child would best be served by his or her transfer to a school other than the school of origin, the foster child shall immediately be enrolled in the new school.
(B) The new school shall immediately enroll the foster child even if the foster child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.
(C) Within two business days of the foster child’s request for enrollment, the educational liaison for the new school shall contact the school last attended by the foster child to obtain all academic and other records. The last school attended by the foster child shall provide all required records to the new school regardless of any outstanding fees, fines, textbooks, or other items or moneys owed to the school last attended. The educational liaison for the school last attended shall provide all records to the new school within two business days of receiving the request.
(9) If a dispute arises regarding the request of a foster child to remain in the school of origin, the foster child has the right to remain in the school of origin pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to a pupil served by the local educational agency.
(10) The local educational agency and the county placing agency are encouraged to collaborate to ensure maximum use of available federal moneys, explore public-private partnerships, and access any other funding sources to promote the well-being of foster children through educational stability.
(11) It is the intent of the Legislature that this subdivision shall not supersede or exceed other laws governing special education services for eligible foster children.
(g) For purposes of this section, “school of origin” means the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled. If the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school that the foster child attended with which the foster child is connected and that the foster child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, shall determine, in the best interests of the foster child, the school that shall be deemed the school of origin.
(h) This section does not supersede other law governing the educational placements in juvenile court schools, as described in Section 48645.1, by the juvenile court under Section 602 of the Welfare and Institutions Code.
(i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under 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) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal.
(3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil.
(4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.

SEC. 10.SEC. 19.

 Section 49558 of the Education Code is amended to read:

49558.
 (a) All applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision of this code relating to free or reduced-price meal eligibility shall be confidential, and may not be open to examination for any purpose not directly connected with the administration of any free or reduced-price meal program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any free or reduced-price meal program.
(b) Notwithstanding subdivision (a), a public officer or agency may allow school district employees, who are authorized by the governing board of the school district, to disclose from the individual meal records only the pupil’s name and school meal eligibility status, solely for purposes of disaggregation of academic achievement data or to identify pupils eligible for public school choice and supplemental educational direct pupil  services pursuant to the federal No Child Left Behind Act of 2001 (Public Law 107-110),  Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.),  if the public agency ensures the following:
(1) The public agency has adopted a policy that allows for the use of individual records for these purposes.
(2) No individual indicators of participation in any free or reduced-price meal program are maintained in the permanent record of any pupil, unless otherwise allowed by law.
(3) No public release of information regarding individual pupil participation in any free or reduced-price meal program is permitted.
(4) All other confidentiality provisions required by law are met.
(5) The information collected regarding individual pupils certified to participate in the free or reduced-price meal program is destroyed when it is no longer needed for its intended purpose.
(c) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the Medi-Cal program if the child is approved for free meals and if the applicant consents to the sharing of information pursuant to Section 49557.2.
(d) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the CalFresh program or to an agency that determines eligibility for nutrition assistance programs authorized by Chapter 2 (commencing with Section 210.1) of Subtitle B of Title 7 of the Code of Federal Regulations, if the child is approved for free or reduced-price meals and if the applicant consents to the sharing of information pursuant to Section 49557.3.
(e) Notwithstanding subdivision (a), a school district, charter school, or county office of education may release the name and eligibility status of a pupil participating in the free or reduced-price meal program as follows:
(1) To the Superintendent for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding.
(2) Upon request, to another school district, charter school, or county office of education that is serving a pupil living in the same household as an enrolled pupil for purposes related to free or reduced-price meal program eligibility and for data used in local control funding formula calculations.
(f) Information released pursuant to subdivision (c), (d), or (e) shall adhere to all of the following requirements:
(1) Individual indicators of participation in a free or reduced-price meal program shall not be maintained in the permanent record of any pupil, unless otherwise authorized by law.
(2) The public release of information regarding individual pupil participation in a free or reduced-price meal program is not permitted.
(3) All other confidentiality requirements imposed by law or regulation are met.

SEC. 11.SEC. 20.

 Section 51749.5 of the Education Code is amended to read:

51749.5.
 (a) Notwithstanding any other law, and commencing with the 2015–16 school year, a school district, charter school, or county office of education may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide independent study courses pursuant to the following conditions:
(1) The governing board or body of a participating school district, charter school, or county office of education adopts policies, at a public meeting, that comply with the requirements of this section and any applicable regulations adopted by the state board.
(2) A signed learning agreement is completed and on file pursuant to Section 51749.6.
(3) Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, meet the requirements for highly qualified teachers pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),  and are employed by the school district, charter school, or county office of education at which the pupil is enrolled, or by a school district, charter school, or county office of education that has a memorandum of understanding to provide the instruction in coordination with the school district, charter school, or county office of education at which the pupil is enrolled.
(4) (A) Courses are annually certified, by school district, charter school, or county office of education governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based courses, and shall be aligned to all relevant local and state content standards.
(B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each schoolday that a pupil is enrolled, number of equivalent total instructional minutes, and number of course credits for each course. This information shall be consistent with that of equivalent classroom-based courses.
(5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 46300.4, 47612, and 47612.1.
(6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3.
(7) (A) Certificated employees and each pupil shall communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress.
(B) For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and the completion of assignments, examinations, or other indicators that evidence that the pupil is working on assignments, learning required concepts, and progressing toward successful completion of the course, as determined by certificated employees providing instruction.
(C) If satisfactory educational progress is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether he or she should be referred to an alternative program, which may include, but is not limited to, a regular school program. A written record of the findings of an 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.
(D) Written or computer-based evidence of satisfactory educational progress, as defined in subparagraph (B), shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades.
(8) A proctor shall administer examinations.
(9) (A) Statewide testing results for pupils enrolled in any course authorized pursuant to this section shall be reported and assigned to the school or charter school at which the pupil is enrolled, and to any school district, charter school, or county office of education within which that school’s or charter school’s testing results are aggregated.
(B) Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.
(10) A pupil shall not be required to enroll in courses authorized by this section.
(11) The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section.
(12) For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet the minimum instructional day requirements applicable to the local educational agency. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5.
(13) Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.
(14) A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011.
(15) A pupil shall not be prohibited from participating in independent study solely on the basis that he or she does not have the materials, equipment, or Internet access that are necessary to participate in the independent study course.
(b) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply:
(1) (A) For each schoolday, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled.
(B) For each schoolday, add the combined daily instructional minutes of courses authorized by all other laws and regulations in which the pupil is enrolled and for which the pupil meets applicable attendance requirements.
(C) For each schoolday, add the sum of subparagraphs (A) and (B).
(2) If subparagraph (C) of paragraph (1) meets applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, credit each schoolday that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section, with up to one school day of attendance.
(3) (A) Using credited schoolday attendance pursuant to paragraph (2), calculate average daily attendance pursuant to Section 41601 or 47612, whichever is applicable, for each pupil.
(B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil.
(4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section.
(5) If more than 10 percent of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the school district, charter school, or county office of education shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.
(c) For purposes of this section, “equivalent total instructional minutes” means the same number of minutes as required for an equivalent classroom-based course.
(d) Nothing in this section shall be deemed to prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.
(e) (1) The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 12.SEC. 21.

 Section 52063 of the Education Code is amended to read:

52063.
 (a) (1) The governing board of a school district shall establish a parent advisory committee to provide advice to the governing board of the school district and the superintendent of the school district regarding the requirements of this article.
(2) A parent advisory committee shall include parents or legal guardians of pupils to whom one or more of the definitions in Section 42238.01 apply.
(3) This subdivision shall not require the governing board of the school district to establish a new parent advisory committee if the governing board of the school district already has established a parent advisory committee that meets the requirements of this subdivision, including any committee established to meet the requirements of the federal No Child Left Behind Act of 2001 (Public Law 107-110) Elementary and Secondary Education Act, as amended by the federal Every Student Succeeds Act (Public Law 114-95),  pursuant to Section 1112 1116  of Subpart 1 of Part A of Title I of that act.
(b) (1) The governing board of a school district shall establish an English learner parent advisory committee if the enrollment of the school district includes at least 15 percent English learners and the school district enrolls at least 50 pupils who are English learners.
(2) This subdivision shall not require the governing board of the school district to establish a new English learner parent advisory committee if the governing board of the school district already has established a committee that meets the requirements of this subdivision.

SEC. 13.SEC. 22.

 Section 52064 of the Education Code is amended to read:

52064.
 (a) On or before March 31, 2014, the state board shall adopt templates for the following purposes:
(1) For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2) For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3) For use by charter schools to meet the requirements of Section 47606.5.
(b) The templates developed by the state board shall allow a school district, county superintendent of schools, or charter school to complete a single local control and accountability plan to meet the requirements of this article and the requirements of the federal No Child Left Behind Act of 2001  Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.)  related to local educational agency plans pursuant to Section 1112 of Subpart 1 of Part A of Title I of Public Law 107-110.  6312 of that act.  The state board shall also take steps to minimize duplication of effort at the local level to the greatest extent possible. The template shall include guidance for school districts, county superintendents of schools, and charter schools to report both of the following:
(1) A listing and description of expenditures for the 2014–15 fiscal year, and each fiscal year thereafter, implementing the specific actions included in the local control and accountability plan.
(2) A listing and description of expenditures for the 2014–15 fiscal year, and each fiscal year thereafter, that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient.
(c) If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d) The state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(e) Notwithstanding subdivision (d), the state board may adopt or revise the template in accordance with the requirements of 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). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This subdivision shall become inoperative on December 31, 2018.
(f) Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(g) The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.

SEC. 14.SEC. 23.

 Section 52069 of the Education Code is amended to read:

52069.
 (a) (1) A county superintendent of schools shall establish a parent advisory committee to provide advice to the county board of education and the county superintendent of schools regarding the requirements of this article.
(2) A parent advisory committee shall include parents or legal guardians of pupils to whom one or more of the definitions in Section 42238.01 apply.
(3) This subdivision shall not require the county superintendent of schools to establish a new parent advisory committee if the county superintendent of schools already has established a parent advisory committee that meets the requirements of this subdivision, including any committee established to meet the requirements of the federal No Child Left Behind Act of 2001 (Public Law 107-110)  Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.)  pursuant to Section 1112 of Subpart 1 of Part A of Title I of  6312 of  that act.
(b) (1) A county superintendent of schools shall establish an English learner parent advisory committee if the enrollment of the pupils in the schools and programs operated by the county superintendent of schools includes at least 15 percent English learners and the schools and programs operated by the county superintendent of schools enroll at least 50 pupils who are English learners.
(2) This subdivision shall not require the county superintendent of schools to establish a new English learner parent advisory committee if the county superintendent of schools already has established a committee that meets the requirements of this subdivision.

SEC. 24.

 Section 54440 of the Education Code is amended to read:

54440.
 The Legislature finds and declares all of the following:
(a) A significant number of children under 18 21  years of age whose parents are migratory agricultural workers or migratory fishermen reside in California for at least a part of each year. These children, from among the least affluent segments of American society, tend to move frequently, attend school irregularly, and suffer health problems and language barriers. This results in many becoming early school dropouts, poorly prepared to enter the workforce or for academic success and upward social mobility.
(b) The problems of children of migratory agricultural parents and of migratory fisherman parents are of such magnitude and severity that local school districts have been unable to solve them with the resources normally available. It is, therefore, necessary for the state to aid local school districts through regional coordinating offices and the provision of special programs of educational and related services for these children.

SEC. 25.

 Section 54441 of the Education Code is amended to read:

54441.
 The definitions set forth in this section shall govern the interpretation of this article.
(a) “Currently migratory  “Migratory  child” means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her identification as such a child, in order that the child, a parent, guardian, or other member of his or her immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services. or youth who made a qualifying move in the preceding 36 months either (1) as a migratory agricultural worker or a migratory fisher or (2) with or to join a parent or spouse who is a migratory agricultural worker or a migratory fisher. 
“Currently migratory child” includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.
(b) “Former migratory child” means a child who was formerly eligible to be counted and served  as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program. migratory child and may be served for one additional year, but only if comparable services are not available through other programs. 
(c) “Agricultural activity” means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees. “Migratory agricultural worker” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in that new employment soon after a qualifying move, the individual may be considered a migratory agricultural worker if the individual actively sought that new employment and has a recent history of moves for temporary agricultural employment. 
(d) “Migratory fisher” means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in that new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought that new employment and has a recent history of moves for temporary or seasonal fishing employment.
(d) (e)  “Fishing activity” means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence. “Qualifying move” means a move due to economic necessity from one residence to another residence and from one school district to another school district, except wherein a qualifying move is from one administrative area to another within that school district or in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residency. 
(e) (f)  “Operating agency” means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit  agency under a special arrangement with the department to carry out a migrant education program.
(f) (g)  “Migrant region” means an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting the criteria of subdivision (a) of Section 54444.1.
(g) (h)  “Quality control” means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.
(h) (i)  “Supplementary services” means services provided to migratory children which that  are above the services already provided by a school or school district to other children of that school or school district.
(i) (j)  “Average monthly enrollments” means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.
(j) (k)  “Department” means the State Department of Education.
(k) ( l)  “Superintendent” means the Superintendent of Public Instruction.

SEC. 26.

 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 child for a period, not in excess of three years,  migratory child for the period  during which the child resides in an area where programs are provided for migrant children.  meets the qualifying definition.  Priority for the provision of services shall be consistent with federal statutes and regulations governing migrant education programs.

SEC. 27.

 Section 54442 of the Education Code is amended to read:

54442.
 The state board shall adopt a state master  plan for services to migrant children. The plan shall include all of the following:
(a) Identified migrant pupil needs and strategies to address these needs, so that migrant pupils have the same opportunity to meet the state’s challenging academic standards, help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of these children to succeed in school, and help migratory pupils benefit from state and local systemic changes. Measurable program goals and objectives shall be specified to evaluate the program’s impact.
(a) (b)  Instructional activities on a regular and extended year basis. These activities shall be designed to identify, assess, and provide treatment for academic deficiencies  address the unique needs  of migrant children. Special emphasis shall be given to oral and written communications, reading, and mathematics. Small group or individual instruction and tutorial services shall be provided to assist migrant children to attain normal progress rates 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) (c)  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 children, including dental, emotional, or environmental conditions. To the extent possible, existing community resources will be utilized to provide these services.
(c) (d)  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 unique  needs of migrant children.
(d) (e)  Supportive services services,  including transportation, family liaison, and other services necessary to the success of the programs.
(e) (f)  Child development activities activities,  including, but not limited to, social, sensorimotor, conceptual and language development, and perceptual discrimination activities for migrant infants and prekindergarten children who are too young to participate in instructional services normally provided by the public schools.
(f) (g)  The active involvement of parents, teachers, and community representatives in the local implementation of migrant education programs. programs, including the development of the state service delivery plan. 
(h) Integration of local, state, and federal services and programs, such as Title III of the federal Every Student Succeeds Act (20 U.S.C. Sec. 6801 et seq.), available to migratory pupils.

SEC. 28.

 Section 54443 of the Education Code is amended to read:

54443.
 (a) Migratory children shall be served according to their needs in the following order: In providing services to migratory children, operating agencies shall give priority to those migratory children who made a qualifying move within the previous one-year period and who are either of the following: 
(1) School-aged currently migratory children. Failing, or most at risk of failing, to meet the challenging state academic standards. 
(2) School-aged former migratory children. Have dropped out of school. 
(3) Preschool currently migratory children.
(4) Preschool former migratory children.
(b) A project may provide instructional or supporting services to former migratory children only if the participation of these children does not prevent the participation of currently  migratory children in the same preschool or school-aged group, and does not dilute the effectiveness of the state migrant education program for currently  migratory children.
(c) Eligibility provisions shall be determined in a manner consistent with federal statutes and regulations.

SEC. 29.

 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 state  assessments concurrently provided pursuant to compensatory education, bilingual-crosscultural education, school improvement programs, and other programs serving the pupil. Sections 60640 and 60810. 
(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 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) (2)  Bilingual and crosscultural instruction.
(4) (3)  Career technical instruction.
(5) (4)  Counseling and career education services.
(6) (5)  Preschool services in accordance with Section 54443.
(7) (6)  Other educational services that are not available in sufficient quantity or quality to eligible migratory children.
(8) (7)  The acquisition of instructional materials and equipment necessary to adequately provide the appropriate services.
(9) (8)  Other related services to meet the special unique  needs of eligible migratory children that are necessary to enable these children to effectively participate in instructional services.
(10) (9)  The coordination and teaming of existing resources serving migrant pupils, such as bilingual-crosscultural education, health screening, and compensatory education. Outreach activities for migratory children and their families to inform those children and families of other educational, health, nutrition, and social services to help connect them to those services. 
(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 school  district.
(e) Staffing and staff development plans and practices to meet the needs of pupils and implement the program.
(f) Parent and community involvement as specified in Section 54444.2.
(g) Evaluations that shall include annual  Annual review of  pupil progress and overall program effectiveness and quality control reports. effectiveness. 
(h) School districts and other education agencies shall be eligible to apply for funding to serve migrant 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 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. 30.

 Section 54444 of the Education Code is amended to read:

54444.
 In implementing the plan adopted by the State Board of Education,  state board,  the Superintendent of Public Instruction is authorized to: is authorized to do both of the following: 
(a) Contract with county superintendents of school or local educational agencies to supply services to migrant children residing within specified geographical regions.
(b) Enter into agreements or otherwise cooperate with other states or agencies of the state or the federal government in providing or coordinating services to migrant children children,  including the Mini-Corps Program Program,  as well as participation in or utilization of the Migrant Student Record Transfer Information Network  System, or other equivalent information systems as may be used by the state.

SEC. 31.

 Section 54444.1 of the Education Code is amended to read:

54444.1.
 (a) In implementing the state master  plan for services to migrant children, the Superintendent shall establish the service regional system as the primary method for the delivery of services to migrant 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 and seasonal agricultural workers and fishermen.
(2) Regional service centers shall be located in areas with high concentrations of migrant 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 and seasonal agricultural workers with families rather than single adults.
(C) In areas where migrant 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.
(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 activities and conferences.
(c) The department may directly fund local educational agencies, in whole or in part, to provide services to eligible migrant 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 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 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 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 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 for that district or agency. Representatives of the migrant parent advisory committee shall have the right to 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 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) of Section 54443.1 shall be attached to the district’s annual consolidated application.

SEC. 32.

 Section 54444.3 of the Education Code is amended to read:

54444.3.
 (a) Each operating agency receiving Title I  federal Title I, Part C  Migrant Education funding shall conduct summer school programs for eligible migrant 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) That summer school programs meet the following time requirements:
(A) 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) 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) 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.
Exemptions from the requirements of this paragraph may be made by the Superintendent of Public Instruction upon petition submitted to him 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 to warrant exemption.
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) (1)  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) (2)  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) (3)  That instructional programs are taught by staff with cultural training or background and understanding of the special unique  needs of migrant children, and who are properly credentialed for the subjects and grade levels to which they are assigned.
(5) (4)  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,  children with disabilities,  pupils enrolled in grade 11, pupils enrolled in grades 7 to 12 who do not meet the school  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. 33.

 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 assessment, as well as program activities, for each school, and a review of individualized educational plans.
(3) Advice on the selection, development,  selection  and reassignment development  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 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 pupils.
(4) Providing training for the parents and members of district, regional, and school parent advisory councils.
(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. 34.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
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.