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AB-312 Public education.(2001-2002)

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AB312:v92#DOCUMENT

Assembly Bill No. 312
CHAPTER 1020

An act to add Sections 33009.5 and 52055.52 to, and to add Article 4.1 (commencing with Section 52058.1) and Article 4.2 (commencing with Section 52059) to Chapter 6.1 of Part 28 of, the Education Code, relating to public education, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 28, 2002. Approved by Governor  September 28, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 312, Vasconcellos. Public education.
(1) Under the Bagley-Keene Open Meeting Act, a state agency is required to provide notice of a meeting to any person who requests it at least 10 days in advance of the meeting. The notice is required to include a specific agenda that contains a brief description of the items of business to be transacted or discussed.
This bill would require that when the board provides information to subscribers on its Internet site, concerning an agenda item, that it provide the same information that is otherwise provided to board members, and would prescribe related matters.
(2) Existing federal law, the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), requires, as a condition of receipt of certain federal funds, that states meet various requirements including, at a minimum, proficiency on challenging state academic achievement standards and state academic assessments.
This bill would establish a 15-member liaison team, appointed as specified, to advise the Superintendent of Public Instruction and the State Board of Education on all appropriate matters related to the implementation of the federal No Child Left Behind Act of 2001, would require the State Department of Education staff to assist the liaison team, and would prescribe other, related matters.
The bill would require the State Department of Education to establish a Statewide System of School Support to provide a statewide system of intensive and sustained support and technical assistance for school districts and county offices of education with schools in need of improvement. The bill would require that system to be composed of regional consortia that work collaboratively with school districts and county offices of education to meet the needs of schools and school districts in need of improvement, would prescribe the order of priority in which support would be provided under that program, and would prescribe other, related matters.
(3) Existing law, the Public Schools Accountability Act of 1999, establishes the Public Schools Performance Accountability Program that consists of the state Academic Performance Index, the Immediate Intervention/Underperforming Schools Program, and the Governor’s High Achieving/Improving Schools Program. Existing law authorizes invited schools that score below the 50th percentile on specified achievement tests to receive planning grants under the Immediate Intervention/Underperforming Schools Program. Under the Immediate Intervention/Underperfroming Schools Program, a school that has not met its growth targets 24 months after receiving grant funding under that program is required to be deemed a low-performing school, and may be, among other things, placed under the management of designated entities, or may be required to enter into a contract with a school assistance and intervention team for purposes of implementing the recommendations contained in the report prepared by that team for purposes of school improvement.
This bill would require the State Department of Education to allocate the amount appropriated by Schedule 4 of Item 6110-123-0001 of Section 2.00 of the Budget Act of 2002 for purposes of corrective actions undertaken at schools in need of improvement and the amount of $29,086,000 from the amount appropriated by Schedule 1 of Item 6110-136-0890 of Section 2.00 of the Budget Act of 2002 for purposes of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) to school districts and county offices of education, for expenditure during the 2002–03 fiscal year, (1) to provide $150 per pupil for each pupil in a school that is required to enter into a contract with a school assistance and intervention team, (2) to provide an $150 per pupil for each pupil in a school that is managed by an entity designated to manage a low-performing school under the Immediate Intervention/Underperforming Schools Program, (3) to provide funding for the support of each entity that is assigned to manage a low-performing school, (4) to provide $75,000 for the support of each school assistance and intervention team assigned to an elementary or middle school and $100,000 for each team assigned to a high school that enters into a contract with a school district under the Immediate Intervention/Underperforming Schools Program and would authorize such a school to receive up to $125,000, if the State Department of Education determines that additional funding is justified, (5) to provide $7,500,000 to the State Department of Education for purposes of the Statewide System of School Support established by the bill, (6) to provide $75,000 to each regional consortium established by the Statewide System of School Support established by the bill, that has at least one school that has been identified as being in need of corrective action under the federal No Child Left Behind Act of 2001, and would prescribe related matters.
The bill would also transfer $1,500,000 from Schedule 1 of Item 6110-123-0890 of Section 2.00 of the Budget Act of 2002 to Item 6110-001-0890 of Section 2.00 of the Budget Act of 2002 for purposes of state operations costs related to the bill.
The bill would state that 36 months after the Superintendent of Public Instruction undertakes certain specified actions at a state-monitored school or requires a school to contract with a school assistance and intervention team, that a school would no longer be eligible to receive funding under the Immediate Intervention/Underperforming Schools Program.
(4) The bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 33009.5 is added to the Education Code, to read:

33009.5.
 Notwithstanding subdivision (b) of Section 11125 of the Government Code, when the board provides information on its Internet site, that is available to subscribers to the extent permitted by law, concerning an agenda item, it shall provide the same information that is otherwise provided to board members. Nothing in this section is intended to require the board to provide any additional printed or electronic information beyond that which it would otherwise make available to the public at the open session.

SEC. 2.

 Section 52055.52 is added to the Education Code, to read:

52055.52.
 Thirty-six months after the Superintendent of Public Instruction undertakes any of the actions in paragraph (2) of subdivision (b) of Section 52055.5, as amended by Senate Bill 1310 of the 2001–02 Regular Session, and subsequently, or requires a school to contract with a school assistance and intervention team pursuant to Section 52055.51, the school shall no longer be eligible to receive funding for purposes of this article.

SEC. 3.

 Article 4.1 (commencing with Section 52058.1) is added to Chapter 6.1 of Part 28 of the Education Code, to read:
Article  4.1. No Child Left Behind Liaison Team

52058.1.
 (a) The No Child Left Behind Liaison Team is hereby established to advise the Superintendent of Public Instruction and the State Board of Education on all appropriate matters related to the implementation of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). The liaison team shall make recommendations to the Superintendent of Public Instruction and to the State Board of Education that are consistent with the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and its implementing regulations and that ensure the timely compliance by all schools within California that are subject to the requirements set forth in that act.
(b) The liaison team shall be composed of 15 members, as follows:
(1) One representative of the Legislative Analyst’s office.
(2) Two members appointed by the Superintendent of Public Instruction.
(3) Two members appointed by the State Board of Education.
(4) Three members appointed by the Senate Committee on Rules.
(5) Three members appointed by the Speaker of the Assembly.
(6) The Chairperson of the Senate Committee on Education, or his or her designee.
(7) The Chairperson of the Assembly Committee on Education or his or her designee.
(8) The Vice Chairperson of the Senate Committee on Education or his or her designee.
(9) The Vice Chairperson of the Assembly Committee on Education or his or her designee.
(c) The members of the liaison team shall serve without compensation for a term not to exceed two years.
(d) The State Department of Education staff shall assist the State Board of Education and the liaison team.
(e) It is the intent of the Legislature that the members of the liaison team include members with practical experience and success working with low-performing schools including, but not limited to, experience working as teachers, administrators, classified personnel, or educational researchers.
(f) It is the intent of the Legislature that the liaison team have experience and knowledge working with California’s diverse pupil population and urban and rural areas of the state and its members of the committee shall be selected from populations that reflect the diverse population of the state, to the extent possible.

SEC. 4.

 Article 4.2 (commencing with Section 52059) is added to Chapter 6.1 of Part 28 of the Education Code, to read:
Article  4.2. Statewide System of School Support

52059.
 (a) For purposes of complying with the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) a Statewide System of School Support shall be established by the State Department of Education to provide a statewide system of intensive and sustained support and technical assistance for school districts, county offices of education, and schools in need of improvement. The system shall consist of regional consortia, which may include county offices of education and school districts, that work collaboratively with school districts and county offices of education to meet the needs of school districts and schools in need of improvement.
(b) The system shall provide assistance to school districts and schools in need of improvement by reviewing and analyzing all facets of a school’s operation, including the design and operation of the instructional program offered by the school, and by assisting the school in developing recommendations for improving pupil performance and school operations.
(c) In carrying out this article, the State Department of Education shall ensure that support is provided in the following order of priority:
(1) To school districts or county offices of education with schools that are subject to corrective action under paragraph (7) of subsection (b) of Section 6316 of Title 20 of the United States Code.
(2) To school districts or county offices of education with schools that are identified as being in need of improvement pursuant to subsection (b) of Section 6316 of Title 20 of the United States Code.
(3) To provide support and assistance to school districts and county offices of education with schools participating under the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) that need support and assistance to achieve the purposes of that act.
(4) To provide support and assistance to other school districts and county offices of education with schools participating in a program carried out under this chapter.
(d) For purposes of this article, all references to schools shall include charter schools.
(e) Funds shall be distributed under this article based on the number of schools and enrollment of those schools in each region that have been identified as being in need of improvement pursuant to Section 6316 of Title 20 of the United States Code, or are participating in the programs conducted under this chapter.

SEC. 5.

 (a) The funds appropriated by Schedule 4 of Item 6110-123-0001 of Section 2.00 of the Budget Act of 2002 for purposes of corrective actions undertaken at schools in need of improvement, and the amount of twenty-nine million eighty-six thousand dollars ($29,086,000), from the funds appropriated by Schedule 1 of Item 6110-136-0890 of Section 2.00 of the Budget Act of 2002 for purposes of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), shall be allocated by the State Department of Education, to school districts and county offices of education for expenditure during the 2002–03 fiscal year, as follows:
(1) The amount of one hundred fifty dollars ($150) per pupil for each pupil in a school that is required to enter into a contract with a school assistance and intervention team pursuant to subdivision (a) of Section 52055.51 of the Education Code, for purposes of implementing any recommendations made by the school assistance and intervention team in the report prepared by the team pursuant to subdivision (d) of Section 52055.51 of the Education Code. School districts that receive funds under this paragraph shall provide an in-kind match of services, or a match of school district funds in an amount equal to the amount received by the local education agency pursuant to this paragraph.
(2) (A) The amount of one hundred fifty dollars ($150) per pupil for each pupil in a school that is managed in accordance with of paragraph (3) of subdivision (b) of Section 52055.5 of the Education Code, for purposes of improving the academic performance of that school. School districts that receive funds under this paragraph shall provide an in-kind match of services, or a match of school district funds in an amount equal to the amount received by the local education agency pursuant to this paragraph.
(B) The Department of Finance and the State Department of Education shall provide funding for the support of each entity that is assigned to manage a school pursuant to paragraph (3) of subdivision (b) of Section 52055.5 of the Education Code.
(3) Funding for the support of each school assistance and intervention team that enters into a contract with a school district pursuant to subdivision (a) of Section 52055.51 of the Education Code shall be allocated as follows:
(A) Seventy-five thousand dollars ($75,000) for each school assistance and intervention team assigned to an elementary or middle school.
(B) One hundred thousand dollars ($100,000) for each school assistance and intervention team assigned to a high school.
(C) If a school district determines that it needs more than the amounts specified in subparagraphs (A) or (B), the school district may apply to the State Department of Education for additional funding. The application shall include justification for the requested increase. The State Department of Education and the Department of Finance shall review any applications and may provide funding up to a total funding level of one hundred twenty-five thousand dollars ($125,000), including the amount provided pursuant to subparagraph (A) or (B).
(D) As a condition of receipt of funds, a school district shall provide an in-kind match of services, or a match of school district funds, in an amount equal to one dollar ($1) for every two dollars ($2) provided pursuant to subparagraphs (A), (B), or (C).
(4) The amount of seven million five hundred thousand dollars ($7,500,000) shall be available for use by the State Department of Education for the purposes of the Statewide System of School Support established by Article 4.2 (commencing with Section 52059) of Chapter 6.1 of Part 28 of the Education Code.
(5) The State Department of Education shall provide seventy-five thousand dollars ($75,000) to each regional consortium that has at least one school that has been identified as being in need of corrective action pursuant to subsection (b) of Section 6316 of Title 20 of the United States Code. These funds shall be used to establish a team to assist these schools improve pupil performance. Team members shall possess a high degree of knowledge and skills in the areas of school leadership, curriculum, and instruction aligned to state academic content and performance standards, classroom management and discipline, academic assessment, parent-school relations, and evaluation and research-based reform strategies, and shall have proven successful expertise specific to the challenges inherent in improving the performance of schools. A consortium with many schools identified as being in need of corrective action may apply to the State Department of Education for additional funding for the establishment of a team. The State Department of Education and the Department of Finance shall review any applications for additional funding and may provide up to an additional fifty thousand dollars ($50,000) to a consortium that justifies the need.
(b) Of the funds appropriated in Schedule 1 of Item 6110-123-0890 of Section 2.00 of the Budget Act of 2002, up to one million five hundred thousand dollars ($1,500,000) shall be transferred to Item 6110-001-0890 of Section 2.00 of the Budget Act of 2002 for state operations costs related to this measure, based on the expenditure plan jointly developed by the Department of Finance and the State Department of Education.
(c) Funding for the purposes described in this section shall only be provided for three years.
(d) The Department of Finance and the Superintendent of Public Instruction shall review and recommend any changes to the funding allocated pursuant to subdivision (a) to the Governor and the Legislature by no later than April 15, 2004.
(e) The State Board of Education and the Superintendent of Public Instruction shall notify the chairs of the fiscal and policy committees that consider education and appropriations in each house of the Legislature of any plan for the expenditure of funds pursuant to subdivision (a), within 30 days of adopting the plan.

SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
To utilize available funding for purposes of improving the performance of the state’s public schools, it is necessary that this act take effect immediately as an urgency statute.