Today's Law As Amended


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AB-2525 Education: planning.(2003-2004)



As Amends the Law Today


SECTION 1.

 Section 95 is added to the Education Code, to read:

95.
 “Superintendent” or “superintendent” whenever used in this code means the Superintendent of Public Instruction, unless the context requires otherwise.

SEC. 2.

 Section 1240.1 of the Education Code is amended to read:

1240.1.
 If a county superintendent of schools transmits to the Controller and the Superintendent of Public Instruction a qualified or negative certification as required by subdivision (l) of Section 1240, the department, in cooperation with the Controller’s office, shall review the certification and the attached report and any other pertinent information, and the Superintendent of Public Instruction shall exercise his or her authority pursuant to Section 1630.

SEC. 3.

 Section 1240.2 of the Education Code is amended to read:

1240.2.
 A county superintendent of schools who files a qualified or negative certification for the second report required pursuant to subdivision (l) of Section 1240 and a county office of education that is classified as qualified or negative by the Superintendent of Public Instruction shall provide to the Superintendent of Public Instruction and the Controller, no later than June 1, a financial statement that covers the financial and budgetary status of the county office of education for the period ending April 30 and projects the fund and cash balances of the county office of education as of June 30.

SEC. 4.

 Section 1625 of the Education Code is amended to read:

1625.
 The county superintendent of schools for any county office of education that reports a negative unrestricted fund balance or a negative cash balance in the annual report required by Section 1622 or in the audited annual financial statements required by Section 41020 shall include, with the budget submitted in accordance with Section 1622 and the certifications required by subdivision (l) of Section 1240, a statement identifying the reasons for the negative unrestricted fund balance or negative cash balance and the steps that will be taken to ensure that the negative balance will not occur at the end of the budget year.

SEC. 5.

 Section 7004 of the Education Code is amended to read:

7004.
 As used in this article:
(a) “Certificated employee” means a member, as defined by Section 22146, of the State Teachers’ Retirement System.
(b) “School district” means that district from which the member of the State Teachers’ Retirement System last made contributions to the system before retirement.
(c) “Spouse” means a spouse as defined by Section 22171.

SEC. 6.

 Section 7007 of the Education Code is amended to read:

7007.
 (a) Any qualified organization, as defined in subdivision (b), in cooperation with the Public Employees’ Retirement System, may develop a health benefits plan which would be available to persons who are members of those organizations, with equal premiums for both active and retired teachers. The plan would be available, on an optional basis, to each school district, county board of education, and a county superintendent of schools which becomes a contracting agency with the Public Employees’ Retirement System pursuant to Section 22857 of the Government Code.
(b) “Qualified organization” means an exclusive representative of the certificated or classified employees, as defined by Section 3540.1 of the Government Code, or any organization with a membership of at least 1,000 members who are retirees of the State Teachers’ Retirement System, or any organization with a membership of at least 1,000 members who are faculty members in the California Community Colleges.
(c) This section shall not apply to any contracting agency unless and until the agency elects to be subject to this section pursuant to Section 22857 of the Government Code.

SEC. 7.

 Section 8206.3 of the Education Code is repealed.

SEC. 8.

 Section 8201 of the Education Code is amended to read:

8201.
 The purpose of this chapter is as follows:
(a) To provide an inclusive and cost-effective preschool program that provides high-quality learning experiences, coordinated services, and referrals for families to access health and social-emotional  a comprehensive, coordinated, and cost-effective system of child care and development services for children to age 13 and their parents, including a full range of supervision, health, and  support services through full- and part-day part-time  programs.
(b) To encourage community-level coordination in support of preschool and early childhood  child care and development  services.
(c) To provide an inclusive, developmentally appropriate, and culturally and linguistically responsive preschool  environment that is healthy and  nurturing for all children in the  child care and development  programs.
(d) To provide family engagement activities that support positive parenting practices and enhance  the opportunity for positive parenting to take place through  understanding of human growth and development.
(e) To promote strengthening families and access to resources that prevent and address child  reduce strain between parent and child in order to prevent  abuse, neglect, or exploitation.
(f) To support enhance  the cognitive and social emotional  development of all children, including children with exceptional needs, children experiencing developmental delays, and children experiencing trauma. children, with particular emphasis upon those children who require special assistance, including bilingual capabilities to attain their full potential. 
(g) To promote and support home language and development of multilingual capabilities to ensure all children attain their full potential.
(h) (g)  To establish a framework that promotes equitable access to quality early learning experiences through  for  the expansion of preschool  child care and development  services.
(i) To empower parents and family choice by providing information and resources for choosing a high-quality preschool program that meets the needs of the family.
(j) (h)  To inform  empower and encourage  parents and families of their right to understand and evaluate the quality and health and safety requirements of the preschool program. children who require child care services to take responsibility to review the safety of the child care program or facility and to evaluate the ability of the program or facility to meet the needs of the child. 

SEC. 9.

 Section 8207 of the Education Code is repealed.

8207.
 (a) The Superintendent shall administer all California state preschool programs. Those programs shall include, but not be limited to, part-day and full-day age and developmentally appropriate programs, offered through childcare centers and family childcare home education networks, that are designed to facilitate the transition to kindergarten for three- and four-year-old children in educational development, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development. Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the Budget Act, and unless otherwise specified by the Legislature, shall not use federal funds made available through Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397).
(b) A part-day California state preschool program shall operate for a minimum of (1) three hours per day, excluding time for home-to-school transportation, and (2) a minimum of 175 days per year, unless the contract specifies a lower number of days of operation.
(c) A full-day California state preschool program shall operate for a minimum of 246 days per year, unless the contract specifies a lower number of days of operation.
(d) Any agency described in subdivision (a) of Section 8205 as an “applicant or contracting agency” is eligible to contract to operate a California state preschool program.
(e) Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees.
(f) Federal Head Start funds used to provide services to families receiving California state preschool services shall be deemed nonrestricted funds.
(g) School districts and charter schools that administer a California state preschool program may place four-year-old children in a transitional kindergarten program classroom in accordance with subdivisions (h) to (j), inclusive, of Section 48000.
(h) California state preschool programs shall include all of the following:
(1) Age- and developmentally appropriate activities for children.
(2) Supervision.
(3) Parenting education and parent engagement.
(4) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies.
(5) Health services.
(6) Nutrition.
(7) Training and career ladder opportunities, documentation of which shall be provided to the department.
(i) The Superintendent shall adopt rules and regulations related to the administration of this chapter, including rules and regulations related to eligibility, enrollment, and priority of services. Regulations shall also include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The Superintendent shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or have exceptional needs.

SEC. 10.

 Section 8208 of the Education Code is amended to read:

8208.
 As used in this chapter:
(a) “Alternative payments” includes payments that are made by one child care agency to another agency or child care provider for the provision of child care and development services, and payments that are made by an agency to a parent for the parent’s purchase of child care and development services.
(b) “Alternative payment program” means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 8220.2 to provide alternative payments and to provide support services to parents and providers.
(c) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(d) “Assigned reimbursement rate” is that rate established by the contract with the agency and is derived by dividing the total dollar amount of the contract by the minimum child day of average daily enrollment level of service required.
(e) “Attendance” means the number of children present at a child care and development facility. “Attendance,” for the purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child.
(f) “Capital outlay” means the amount paid for the renovation and repair of child care and development facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable child care and development facilities for lease to qualifying contracting agencies.
(g) “Caregiver” means a person who provides direct care, supervision, and guidance to children in a child care and development facility.
(h) “Child care and development facility” means any residence or building or part thereof in which child care and development services are provided.
(a) (i)  (1) “Child  A three- or four-year-old child is eligible for the part-day California state preschool program if the child’s family is one   care and development programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. These programs include, but are not limited to, all  of the following:
(A) (1)  A current aid recipient. Campus child care and development. 
(B) (2)  Income eligible. General child care and development. 
(C) (3)  Homeless. Migrant child care and development. 
(4) Child care provided by the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29).
(5) State preschool.
(6) Resource and referral.
(7) Child care and development services for children with special needs.
(8) Family child care home network.
(9) Alternative payment.
(10) Child abuse protection and prevention services.
(11) Schoolage community child care.
(j) “Child care and development services” means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements.
(D) (k)  One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected or exploited. “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter. 
(2) ( l)  Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as  “Children with exceptional needs” means infants and toddlers, from birth to 36 months of age, inclusive, who have been determined eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations, and children 3 years of age and older who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000), and meeting eligibility criteria  described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. 56026 and Sections 56333 to 56338, inclusive, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program or individualized family service plan, and be receiving early intervention services or appropriate special education and services. These children, ages birth to 21 years, inclusive, may be autistic, developmentally disabled, hearing impaired, speech impaired, visually impaired, seriously emotionally disturbed, orthopedically impaired, otherwise health impaired, multihandicapped, or children with specific learning disabilities, who require the special attention of adults in a child care setting. 
(m) “Closedown costs” means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only.
(3) (n)  Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2). “Cost” includes, but is not limited to, expenditures that are related to the operation of child care and development programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business. 
(4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school, as set forth in Section 8217, may enroll four-year-old children.
(b) (o)  A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year. “Elementary school,” as contained in Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning. 
(c) (1) A three- or four-year old child is eligible for a full-day California state preschool program if the family meets both of the following requirements:
(A) (p)  The child’s family is one  “Health services” include, but are not limited to, all  of the following:
(i) (1)  A current aid recipient. Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care. 
(ii) (2)  Income eligible. Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources. 
(iii) (3)  Homeless. Health education and training for children, parents, staff, and providers. 
(4) Followup treatment through referral to appropriate health care agencies or individual health care professionals.
(q) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(r) “Intergenerational staff” means persons of various generations.
(s) “Limited-English-speaking-proficient and non-English-speaking-proficient children” means children who are unable to benefit fully from an English-only child care and development program as a result of either of the following:
(1) Having used a language other than English when they first began to speak.
(2) Having a language other than English predominantly or exclusively spoken at home.
(t) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(u) “Program director” means a person who, pursuant to Sections 8244 and 8360.1, is qualified to serve as a program director.
(v) “Proprietary child care agency” means an organization or facility providing child care, which is operated for profit.
(w) “Resource and referral programs” means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. Services frequently include, but are not limited to: technical assistance for providers, toy-lending libraries, equipment-lending libraries, toy- and equipment-lending libraries, staff development programs, health and nutrition education, and referrals to social services.
(iv) (x)  One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected or exploited. “Severely disabled children” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe mental retardation. “Severely disabled children” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 as it read on January 1, 1980. 
(B) The child’s family needs the childcare services because of either the following:
(i) (y)  The child has been identified by  “Short-term respite child care” means child care service to assist families whose children have been identified through written referral from  a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following: service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. Child care is provided for less than 24 hours per day in child care centers, treatment centers for abusive parents, family child care homes, or in the child’s own home. 
(I) A recipient of protective services.
(II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
(III) Being homeless.
(ii) The child’s parents are one of the following:
(I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
(II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
(III) Employed or seeking employment.
(IV) Seeking permanent housing for family stability.
(V) Incapacitated.
(2) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraph (1) have been enrolled, a full-day California state preschool program may provide services to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (B) of paragraph (1).
(3) (z)  After (1)   all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a provider operating a full-day California state preschool program within the attendance boundary of a public school as set forth in Section 8217 may enroll any four-year-old child. “Site supervisor” means a person who, regardless of his or her title, has operational program responsibility for a child care and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a child care and development program operating in a single site. The Superintendent of Public Instruction may waive the requirements of this subdivision if the superintendent determines that the existence of compelling need is appropriately documented. 
(d) (2)  (1) In  With the exception of the age requirements and paragraphs (2) and (3), upon establishing initial eligibility or ongoing eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months.  respect to state preschool programs, a site supervisor may qualify under any of the provisions in this subdivision, or may qualify by holding an administrative credential or an administrative services credential. A person who meets the qualifications of a site supervisor under both Section 8244 and subdivision (e) of Section 8360.1 is also qualified under this subdivision. 
(aa) “Standard reimbursement rate” means that rate established by the Superintendent of Public Instruction pursuant to Section 8265.
(ab) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility prior to the full enrollment of children.
(ac) “State preschool services” means part-day educational programs for low-income or otherwise disadvantaged prekindergarten-age children.
(2) (ad)  A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility, as described in Section 8213, and the family’s ongoing eligibility for services shall at that time be recertified. “Support services” means those services that, when combined with child care and development services, help promote the healthy physical, mental, social, and emotional growth of children. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling. 
(3) (ae)  A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification. “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. 
(e) (af)  (1) “Underserved  Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.  area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized child care and development program services to the need for these services is low, as determined by the Superintendent of Public Instruction. 
(2) (ag)  Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud. “Workday” means the time that the parent requires temporary care for a child for any of the following reasons: 
(f)  (1) Notwithstanding the rulemaking provisions 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (d), the department shall implement subdivision (d) through management bulletins or similar letters of instruction on or before October 1, 2017. To undertake training in preparation for a job. 
(2) The department shall initiate a rulemaking action to implement subdivision (d) on or before December 31, 2018. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing subdivision (d). To undertake or retain a job. 
(g) (3)  The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes. To undertake other activities that are essential to maintaining or improving the social and economic function of the family, are beneficial to the community, or are required because of health problems in the family. 

SEC. 11.

 Section 8223 of the Education Code is amended to read:

8223.
 (a) Contractors operating through a family childcare home education network shall do all of the following:
(1) Recruit, enroll, and certify eligible families.
(2) Recruit, train, support, and reimburse licensed family childcare home providers.
(3) Collect family fees in accordance with contract requirements.
(4) The  Assess, according to standards set by the department, the educational quality of the program offered in each family childcare home in the network.  assigned reimbursement rate for alternative payment programs shall include the cost of child care paid to child care providers plus the administrative and support services costs of the alternative payment program. The total cost for administration and support services shall not exceed an amount equal to 23.4567 percent of the direct cost-of-care payments to child care providers. The administrative costs may not exceed the costs allowable for administration under federal requirements. 
(5) Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider.
(6) Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family childcare home affiliated with the network.
(7) Ensure that basic health and nutrition requirements are met.
(8) Provide data and reporting in accordance with contract requirements.
(b) Each contractor shall ensure that their staff have sufficient training to successfully accomplish the requirements of subdivision (a).

SEC. 12.

 Section 8242 of the Education Code is repealed.

8242.
 (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.
(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.
(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968).
(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).
(2) Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.
(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following:
(A) The 75th percentile of the 2018 regional market rate survey.
(B) The contract per-child reimbursement amount as of December 31, 2021.
(2) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:
(A) Address, including ZIP Code.
(B) Race and ethnicity.
(C) Gender.
(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
(E) What types of federal relief funds have been received from the state.
(F) Use of federal relief funds received.
(G) Documentation that the provider met certifications as required by federal law.
(3) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.

SEC. 13.

 Section 8257 of the Education Code is amended to read:

8257.
 (a)  The Superintendent of Public Instruction shall develop a plan and procedures for the allocation of expansion funding balances resulting from the prorata allocation of expansion for the partial year operations of new agencies. department shall do all of the following in administering the provisions of this chapter: 
(a) Apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the State Department of Social Services pursuant to Section 1544 of the Health and Safety Code.
(b) The plan shall provide for the distribution of such funds among contracting agencies whose enrollments include children with special needs and shall limit the agencies’ use of these funds to the purchase of approved equipment or materials or one-time-only services, or any of them, that will directly benefit the children with special needs. Provide 90 days’ written notification to any contractor whose agreement is being terminated, except if there is imminent danger to the health and welfare of children if agency operation is not terminated more promptly. Notwithstanding Article 18 (commencing with Section 8400), the department shall establish procedures for placing a contractor whose agreement is being terminated into receivership. Action to initiate receivership shall be at the discretion of the department, and may be taken against a contractor whose agreement is being terminated either immediately or within 90 days. The receiver shall not be a department employee. The receiver shall have sufficient experience in the administration of child care and development programs to ensure compliance with the terms of the receivership. 

SEC. 14.

 Section 8263.1 of the Education Code is amended to read:

8263.1.
 For purposes of this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 75 percent of the state median income, adjusted for family size, and adjusted annually. The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the Federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the Federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included as income for the purposes of determining eligibility for child care under this chapter.

SEC. 15.

 Section 8285 of the Education Code is repealed.

8285.
 (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480 of the Welfare and Institutions Code, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review.
(b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan.
(c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan.
(d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 9 (commencing with Section 8273) or that are in conflict with federal law.

SEC. 16.

 Section 8285.1 of the Education Code is amended and renumbered to read:

8264.6.
 The Superintendent of Public Instruction may provide outreach services and technical assistance to new child care contracting agencies and to those providing child care during nontraditional times, in underserved geographic areas, and for children with special child care needs, including infants and toddlers under three years of age.

SEC. 17.

 Section 8285.5 of the Education Code is repealed.

SEC. 18.

 Section 8287 of the Education Code is amended and renumbered to read:

8287. 8264.7. 
 The Superintendent of Public Instruction shall establish rules and regulations for the staffing of all center-based child care and development programs under contract with the department.
Priority shall be given by the department to the employment of persons in child development programs with ethnic backgrounds which are similar to those of the child for whom child development services are provided.
For purposes of staffing child care and development programs, the role of a teacher in child supervision means direct supervision of the children as well as supervision of aides and groups of children.
Any modifications to the plan shall be submitted in conformance with the procedures established in Article 9  Family child care homes shall operate pursuant to adult/child ratios prescribed in Chapter 7  (commencing with Section 8273). 86001) of Division 6 of Title 22 of the California Code of Regulations. 
Approval by the Superintendent of Public Instruction of any ongoing or new programs seeking to operate under the ratios and standards established by the Superintendent of Public Instruction under this chapter shall be based upon the following considerations:
(a) The type of facility in which care is being or is to be provided.
(b) The ability of the Superintendent of Public Instruction to implement a funding source change.
(c) The proportion of nonsubsidized children enrolled or to be enrolled by the agency.
(d) The most cost-effective ratios possible for the type of services provided or to be provided by the agency.
The Superintendent of Public Instruction shall apply for such waivers of federal requirements as are necessary to carry out this section.

SEC. 19.

 Section 8288 of the Education Code is amended and renumbered to read:

8288. 8264.8. 
 Until the Superintendent of Public Instruction promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply:
(a) Infants, 0 to 2 years old—1:3 adult-child ratio, 1:18 teacher-child ratio.
(b) Infants and toddlers, 0 to 2 years old—1:4 adult-child ratio, 1:16 teacher-child ratio.
(c) Children 3 to 6 years old—1:8 adult-child ratio, 1:24 teacher-child ratio.
(d) Children 6 to 10 years old—1:14 adult-child ratio, 1:28 teacher-child ratio.
(e) Children 10 to 13 years old—1:18 adult-child ratio, 1:36 teacher-child ratio.
A (f)   participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in the local subsidy plan established by this article. If groups of children of varying ages are commingled, the teacher and adult ratios shall be proportionate and appropriate to the ages and groups of children. 

SEC. 20.

 Section 8289 of the Education Code is amended and renumbered to read:

8289. 8279.3. 
 (a) The department shall disburse augmentations to the base allocation for the expansion of child care and development programs to promote equal access to child development services across the state.
(b) The Superintendent of Public Instruction shall use the formula developed pursuant to subdivision (c) and the priorities identified by local child care and development planning councils, unless those priorities do not meet the requirements of state or federal law, as a guide in disbursing augmentations pursuant to subdivision (a).
On (c)   and after July 1, 2014, the individualized county childcare subsidy plan for the County of San Mateo that was developed as a pilot project pursuant to Article 15.3 (commencing with Section 8340), as that article read on January 1, 2013, may continue in existence and may be implemented in accordance with the provisions of this article. The plan shall ensure that childcare subsidies received by the County of San Mateo are used to address local needs, conditions, and priorities of working families in those communities. The Superintendent of Public Instruction shall develop a formula for prioritizing the disbursement of augmentations pursuant to this section. The formula shall give priority to allocating funds to underserved areas. The Superintendent of Public Instruction shall develop the formula by using the definition of “underserved area” in subdivision (af) of Section 8208 and direct impact indicators of need for child care and development services in the county or subcounty areas. For purposes of this section, “subcounty areas” include, but are not limited to, school districts, census tracts, or ZIP Code areas that are deemed by the Superintendent of Public Instruction to be most appropriate to the type of program receiving an augmentation. Direct impact indicators of need may include, but are not limited to, the teenage pregnancy rate, the unemployment rate, area household income, or the number or percentage of families receiving public assistance, eligible for Medi-Cal, or eligible for free or reduced-price school meals, and any unique characteristics of the population served by the type of program receiving an augmentation. 
(d) To promote equal access to services, the Superintendent of Public Instruction shall include in guidelines developed for use by local planning councils pursuant to subdivision (d) of Section 8499.5 guidance on identifying underserved areas and populations within counties. This guidance shall include reference to the direct impact indicators of need described in subdivision (c).

SEC. 21.

 Section 8290 of the Education Code is amended and renumbered to read:

8290. 8279.4. 
 The Legislature finds and declares the following:
(a) There is a serious shortage of quality child day care facilities throughout the state.
(b) It is in the interest of the state’s children and families, and the state’s economic growth, to encourage the expansion of existing child day care facilities by assisting communities and interested government and private entities to finance child day care facilities.
For (c)   purposes of this article, “county” means the County of San Mateo. In addition to regional resource centers described in Provision 7(d) of Item 6110-196-0001 of the Budget Act of 1999, which focus on developing child care capacity in underserved areas of the state, there is a need to access capital for facilities on a systematic basis, especially to use limited public sector funds to leverage a greater private sector role in financing child day care facilities. The Legislature finds and declares that a financial intermediary could fill this role and support the regional resource centers and other local entities that work with potential providers by functioning as a centralized repository of training, best practices, and expertise on facilities financing. 

SEC. 22.

 Section 8290.1 of the Education Code is amended and renumbered to read:

8279.5.
 (a) The Superintendent of Public Instruction shall contract with a nonprofit organization to serve as a financial intermediary. The nonprofit organization shall have staff who have expertise in financing and capital expansion, are knowledgeable about the child care field, and have the ability to develop and implement a plan to increase the availability of financing to renovate, expand, and construct child day care facilities, both in day care centers and family day care homes.
(b) The financial intermediary selected by the Superintendent of Public Instruction shall undertake activities designed to increase funds available from the private and public sectors for the financing of child day care facilities. These activities shall include, but are not limited to, all of the following:
(1) Soliciting capital grants and program-related investments from foundations and corporations.
(2) Building partnerships with foundations and corporations.
(3) Developing lending commitments, linked deposits, and other financing programs with conventional financial institutions.
(4) Coordinating private sources of capital with existing public sector sources of financing for child day care facilities, including, but not limited to, the Department of Housing and Community Development and the California Infrastructure and Economic Development Bank.
(5) Coordinating financing efforts with the technical assistance provided by the regional resource centers described in Provision 7(d) of Item 6110-196-0001 of the Budget Act of 1999, and other local entities that work with potential providers.
(c) This section shall only be implemented to the extent that funds are appropriated for this purpose in the annual Budget Act.

SEC. 23.

 Section 8290.2 of the Education Code is amended and renumbered to read:

8279.6.
 (a) Pursuant to funding made available in subdivision (d) of Provision 7 of Item 6110-196-001 of the Budget Act of 2000, the Superintendent of Public Instruction shall contract for a financial intermediary, pursuant to Section 8290.1, by January 1, 2001.
(b) The financial intermediary, during its first six months of operation, shall do all of the following:
(1) Create and publicize an 800 technical assistance telephone service number.
(2) Provide financial development training for agencies at the local level including, but not limited to, Regional Resource Centers, Resource and Referral Agencies, and local child care planning councils that are assisting existing and potential providers renovate, expand, build or purchase facilities.
(3) Determine the financing barriers and impediments to the development of child care facilities, especially in underserved areas of the state.
(4) Identify funding sources that may be leveraged by the state, and partnerships with the philanthropic and corporate sectors that may be established, with the goal of increasing funding available for child care facilities for California’s CalWORKs and low-income families.

SEC. 24.

 Section 8300 of the Education Code is amended and renumbered to read:

8300. 8279.7. 
 (a) The Legislature recognizes the importance of providing quality child care services. It is, therefore, the intent of the Legislature to assist counties in improving the retention of qualified child care employees who work directly with children who receive state subsidized child care services.
(b) The funds appropriated for the purposes of this section by paragraph (11) of schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget Act of 2000 (Ch. 52, Stats. 2000), and that are described in subdivision (i) of Provision 7 of that item, shall be allocated to local child care and development planning councils based on the percentage of state-subsidized, center-based child care funds received in that county, and shall be used to address the retention of qualified child care employees in state-subsidized child care centers. Additionally, funds may be allocated annually thereafter for these purposes.
(c)  The same fee as that prescribed for a credential provided in Section 44235 shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program. department shall develop guidelines for use by local child care and development planning councils in developing county plans for the expenditure of funds allocated pursuant to this section. These guidelines shall be consistent with the department’s assessment of the current needs of the subsidized child care workforce, and shall be subject to the approval of the Secretary for Education and the Department of Finance. Any county plan developed pursuant to these guidelines shall be approved by the department prior to the allocation of funds to the local child care and development planning council. 
(d) Funds provided to a county for the purposes of this section shall be used in accordance with the plan approved pursuant to subdivision (c). A county with an approved plan may retain up to 1 percent of the county’s total allocation made pursuant to this section for reimbursement of administrative expenses associated with the planning process.
(e) The Superintendent of Public Instruction shall provide an annual report, no later than April 10 of each year, to the Legislature, the Secretary for Education, the Department of Finance, and the Governor that includes, but is not limited to, a summary of the distribution of the funds by county and a description of the use of the funds.

SEC. 25.

 The heading of Article 14 (commencing with Section 8285) of Chapter 2 of Part 6 of the Education Code is amended to read:

Article  14.  Advisory Committee

SEC. 26.

 Section 8450 of the Education Code is amended to read:

8450.
 (a) All child development contractors are encouraged to develop and maintain a reserve within the child development fund, derived from earned but unexpended funds. Child development contractors may retain all earned funds. For the purpose of this section, “earned funds” are those for which the required number of eligible service units have been provided.
(b) Earned funds may not be expended for any activities proscribed by Section 8406.7. Earned but unexpended funds shall remain in the contractor’s reserve account within the child development fund and shall be expended only by direct service child development programs that are funded under contract with the department.
(c) Notwithstanding subdivisions (a) and (b), a contractor may retain a reserve fund balance for a resource and referral program, separate from the balance retained pursuant to subdivision (b), not to exceed 3 percent of the contract amount. Funds from this reserve account may be expended only by resource and referral programs that are funded under contract with the department.
(d) Notwithstanding subdivisions (a) and (b), a contractor may retain a reserve fund for alternative payment model and certificate child care contracts, separate from the reserve fund retained pursuant to subdivisions (b) and (c). Funds from this reserve account may be expended only by alternative payment model and certificate child care programs that are funded under contract with the department. The reserve amount allowed by this section may not exceed either of the following, whichever is greater:
(1) Two percent of the sum of the parts of each contract to which that contractor is a party that is allowed for administration pursuant to Section 8276.7 and that is allowed for supportive services pursuant to the provisions of the contract.
(2) One thousand dollars ($1,000).
(e) Each contractor’s audit shall identify any funds earned by the contractor for each contract through the provision of contracted services in excess of funds expended.
(f) Any interest earned on reserve funds shall be included in the fund balance of the reserve. This reserve fund shall be maintained in an interest-bearing account.
(g) Moneys in a contractor’s reserve fund may be used only for expenses that are reasonable and necessary costs as defined in subdivision (n) of Section 8208.
(h) Any reserve fund balance in excess of the amount authorized pursuant to subdivisions (c) and (d) shall be returned to the department pursuant to procedures established by the department and reappropriated as second-year funds consistent with Section 8278.
(i) Upon termination of all child development contracts between a contractor and the department, all moneys in a contractor’s reserve fund shall be returned to the department pursuant to procedures established by the department, and reappropriated as second-year funds consistent with Section 8278.
(j) Expenditures from, additions to, and balances in, the reserve fund shall be included in the agency’s annual financial statements and audit.

SEC. 27.

 Section 8825 of the Education Code is amended to read:

8825.
 An eligible applicant may submit a project proposal that addresses one or more of the following areas:
(a) Arts education programs that are aligned to the state adopted visual and performing arts content standards and framework.
(b) Pupil assessment in the arts.
(c) Participation in local and state networks to create comprehensive standards based arts education programs.
(d) Expanding the capacity to assist pupils in achieving the state adopted visual and performing arts content standards.
(e) Developing an online statewide digital visual and performing arts resource center.
(f) Expanding arts education programs developed through participation in the Local Arts Education Partnership Program as set forth in Chapter 5 (commencing with Section 8810) of Part 6.

SEC. 28.

 Section 33540 of the Education Code is amended to read:

33540.
 (a) The state board  State Board of Education  and the department shall request that the commission review and revise, as necessary, the course requirements in the history-social science framework developed by the History-Social Science Curriculum Framework and Criteria Committee of the state board to ensure that minimum standards for courses in American government and civics include sufficient attention to teaching pupils how to interact, in a practical manner, with state and local governmental agencies and representatives to solve problems and to petition for changes in laws and procedures, and that the course requirements in the history-social science framework are also included in all history and social science courses and all grade levels, as appropriate. procedures. 
(b) Whenever When  the history-social science framework is revised as required by law, the commission shall do, as appropriate and based on the subject matter of the course, all of the following: ensure that the following historical documents are incorporated into the framework, as appropriate: 
(1) Receive input from civics learning experts, including civics education program providers, associations of civics educators, and organizations dedicated to research on civics learning, for purposes of integrating civics learning content, concepts, and skills, at all appropriate grade levels, with the standards established by the state board in core curriculum areas, as specified in Section 60605, as that section read on June 30, 2011, and Section 60605.8.
(2) Consider how civics and history instruction, at all appropriate grade levels, includes, in addition to the acquisition of content knowledge, the application of that content to develop the competence and skills needed for civic engagement.
(3) Ensure that voter education information is included in the American government and civics curriculum at the high school level, including, but not limited to, information on the importance of registering to vote in local, state, and federal elections, how to register to vote, both online and by mail, what the requirements are to register to vote, how to request an absentee ballot, how to fill out and return an absentee ballot, what to expect on election day, how to find a polling place, and where and how to access and understand the voter information pamphlet and other materials to become an informed voter.
(4) Ensure the following historical documents are incorporated into the framework:
(A) (1)  The Declaration of Independence.
(B) (2)  The United States Constitution, including the Bill of Rights.
(C) (3)  The Federalist Papers.
(D) (4)  The Emancipation Proclamation.
(E) (5)  The Gettysburg Address.
(F) (6)  George Washington’s Farewell Address.
(5) Consider incorporating the following historical documents into the framework:
(A) The Magna Carta.
(B) The Articles of Confederation.
(C) The California Constitution.
(6) Encourage instruction that promotes an understanding of the governments of California and the United States of America, including, but not limited to, the development of democracy and the history of the development of the United States Constitution.
(c) It is the intent of the Legislature, for purposes of the history-social science framework that is revised any time after January 1, 2015, that the commission consider whether and how to incorporate the College, Career, and Civic Life (C3) Framework for Social Studies State Standards into that framework.
(d) It is the intent of the Legislature, for purposes of only the history-social science framework that is revised after January 1, 2015, that the requirements imposed pursuant to paragraphs (1) to (3), inclusive, of subdivision (b) may be satisfied under the framework adoption procedures currently being used by the department as of January 1, 2015.
(e) When the history-social science content standards are next revised after January 1, 2015, the state board shall consider incorporating the College, Career, and Civic Life (C3) Framework for Social Studies State Standards into the history-social science content standards.

SEC. 29.

 Section 35294.95 of the Education Code is amended and renumbered to read:

32289.
 A complaint of noncompliance with the school safety planning requirements of Title IV of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 7114 (d)(7)) may be filed with the department under the Uniform Complaint Procedures as set forth in Chapter 5.1 (commencing with Sections 4600) of Title 5 of the California Code of Regulations.

SEC. 30.

 Section 41020.5 of the Education Code is amended to read:

41020.5.
 (a) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Section 41020 were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as required by Section 14504, the Controller or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy.
If the certified public accountant or public accountant does not file an appeal in writing with the California Board of Accountancy within 30 calendar days after receipt of the notification from the Controller or county superintendent of schools, the determination of the Controller or county superintendent of schools pursuant to  under  this section shall be final.
(b) If an appeal is filed with the California Board of Accountancy, the board shall complete an investigation of the appeal within 90 days of the filing date. On the basis of the investigation, the board may do either of the following:
(1) Find that the determination of the Controller or county superintendent of schools should not be upheld and has no effect.
(2) Schedule the appeal for a hearing, in which case, the final action on the appeal shall be completed by the board within one year from the date of filing the appeal.
(c) If the determination of the Controller or county superintendent of schools under subdivision (a) becomes final, the certified public accountant or public accountant shall be ineligible to conduct audits under Section 41020 for a period of three years, or, in the event of an appeal, for any period, and subject to the conditions, that may be ordered by the California Board of Accountancy. Not later than the first day of March of each year, the Controller shall notify each school district and county office of education of those certified public accountants or public accountants determined to be ineligible under this section. School districts and county offices of education shall not use the audit services of a certified public accountant or public accountant ineligible under this section.
(d)  For the purposes of this section, the term  “certified public accountant or public accountant” includes  shall include  any person or firm entering into a contract to conduct an audit under Section 41020.
(e)  This section shall not preclude the California Board of Accountancy from taking any disciplinary action it deems appropriate under other provisions of law.

SEC. 31.

 Section 41326 of the Education Code is amended to read:

41326.
 (a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school  district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school  district to the conditions set forth in this article. Before  Prior to  applying for an emergency apportionment in the amount identified in this subdivision, the governing board of  a school district governing board  shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district  and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school  district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision.
(b) The county superintendent of schools  Superintendent  shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee,  Superintendent, in consultation with the county superintendent of schools,  shall appoint an administrator from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (c) to exercise  to act on his or her behalf in exercising  the authority described in this subdivision in accordance with all of the following:
(1) The administrator shall serve under the direction and supervision of the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee,  Superintendent  until terminated by the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, at their discretion. Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator. 
(2) The administrator shall have recognized expertise in management and finance.
(3) To facilitate the appointment of the administrator and the employment of any  necessary staff, this section  for the purposes of this section, the Superintendent of Public Instruction  is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of  the Public Contract Contracts  Code.
(4) Notwithstanding any other law, if  the Superintendent may appoint  an employee of the state or the office of the county superintendent of schools is appointed  to act as administrator pursuant to this section, the  for up to the duration of the administratorship. During the tenure of his or her appointment, the  administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district during the tenure of his or her appointment,  school district,  but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.
(5) Except for an individual appointed as an administrator by the county superintendent of schools who is described in and subject  Superintendent of Public Instruction pursuant  to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying  school district for the  purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying  school district for purposes of remuneration, other benefits, and payroll deductions.
(6) For the  purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school  district, except that an administrator described in and subject  appointed pursuant  to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.
(7) The qualifying school  district shall add the administrator as a covered employee of the qualifying  school district for  all for  purposes of errors and omissions liability insurance policies.
(8) The salary and benefits of the administrator shall be established by the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee,  Superintendent of Public Instruction  and paid by the qualifying school district.
(9) The county superintendent of schools  Superintendent  or the administrator may employ,  may,  on a short-term basis and basis, employ  at the expense of the qualifying school district,  district expense  any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.
(10) The administrator may do all of the following:
(A) Implement substantial changes in the fiscal policies and practices of the qualifying school  district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States of the federal Bankruptcy  Code for the adjustment of indebtedness.
(B) Revise the educational program of the qualifying school  district to reflect realistic income projections and pupil performance relative to state standards.
(C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school  district.
(D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying  school district, the exclusive representatives of the employees of the qualifying school  district, parents, and the community.
(E) Consult with, and seek recommendations from, the Superintendent, the  county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for the  purposes described in this article.
(F) Upon approval by the county superintendent of schools,  With the approval of the Superintendent,  enter into agreements on behalf of the qualifying school  district and, subject to any contractual obligation of the qualifying school  district, change any  existing school  district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.
(G) Request the advice and assistance of the California Collaborative for Educational Excellence.
(c) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for administrator, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to engage meaningfully with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for administrator.
(d) (c)  (1) Except as provided for in paragraph (2),  For  the period of time during which the county superintendent of schools  Superintendent of Public Instruction  exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the administrator appointed pursuant to subdivision (b),  state-appointed administrator,  and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school  district.
(2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.
(B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:
(i) Goals and standards consistent with Section 41327.1.
(ii) Commendations in the areas of the administrator’s strengths and achievements.
(iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance.
(C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, pursuant to Section 9795 of the Government Code, the Superintendent, the president of the state board or his or her designee, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team.
(3) (2)  Upon the appointment of an administrator pursuant to this section, the district superintendent of schools is no longer an employee of the qualifying school  district.
(4) (3)  A determination of the severance compensation for the district superintendent of schools  shall be made pursuant to subdivision (k). (j). 
(e) (d)  Notwithstanding Section 35031 or any other law, the administrator,  administrator may,  after according the affected  employee reasonable notice and the opportunity for a hearing, may  terminate the employment of a any  deputy, associate, assistant superintendent, or other school  superintendent of schools, or any other  district level administrator who is employed by a qualifying  school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before  prior to  the date of the acceptance of the emergency  apportionment he or she either advised the governing board of the qualifying school  district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district  could result in the fiscal insolvency of the qualifying school  district, or took other appropriate action to avert that fiscal insolvency.
(f) (e)  The authority of the county superintendent of schools, the Superintendent, the president of the state board or his or her designee,  Superintendent,  and the administrator, under this section shall continue until all of the following occur:
(1) (A) After  At any time after  one complete fiscal year has elapsed following the qualifying school  district’s acceptance of an emergency apportionment  a loan  as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the  county superintendent of schools, the Superintendent, and the president of the state board or his or her designee,  that future compliance by the qualifying  school district with the recovery plans approved pursuant to paragraph (2) is probable.
(B) The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee,  Superintendent  may return power to the governing board of the qualifying school district for an for any  area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the county superintendent of schools, with concurrence from the  Superintendent.
(2) The county superintendent of schools, with concurrence from the Superintendent,  Superintendent  has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school  district’s progress in implementing the improvement plans.
(3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.
(4) The qualifying school  district has completed all reports required by the county superintendent of schools  Superintendent  and the administrator.
(5) The county superintendent of schools, with concurrence from the Superintendent,  Superintendent  determines that future compliance by the qualifying  school district with the recovery plans approved pursuant to paragraph (2) is probable.
(g) (f)  When the conditions stated in subdivision (f) (e)  have been met, and at least 60 days after the county superintendent of schools  Superintendent of Public Instruction  has notified the Legislature, pursuant to Section 9795 of the Government Code, the  the  Department of Finance, the Superintendent, the president of the state board or his or her designee, and the Controller  Controller, and the county superintendent of schools  that he or she expects the conditions prescribed pursuant to this section to be met, the school district  governing board of the qualifying school district  shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The parties specified in Section 41320.1  Superintendent  shall appoint a trustee under that section Section 41320.1  to monitor and review the operations of the qualifying school  district until the conditions of subdivision (b) of that section have been met.
(h) (g)  Notwithstanding subdivision (g), (f),  if the qualifying school  district violates a any  provision of the recovery plans approved by the county superintendent of schools, with concurrence from the Superintendent,  Superintendent  pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee,  removed, the Superintendent  may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee,  district. The Superintendent  shall return to the school district  governing board of the qualifying school district  all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.
(i) (h)  Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.
(j) (i)  It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school  district, the impact of the recovery plans upon the qualifying school  district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school  district.
(k) (j)  (1) The district superintendent of schools  is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent of schools  shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent of Public Instruction  and the public. The information provided to the public shall explain the rationale for the compensation.  
(2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.
(l) (k)  (1) When the county superintendent of schools  Superintendent  assumes control over a qualifying  school district pursuant to subdivision (b), he or she shall, in consultation with  the County Office Fiscal Crisis and Management Assistance Team shall  Team,  review the fiscal oversight of the qualifying school  district by the county superintendent of schools. The County Office Fiscal Crisis and Management Assistance Team  Superintendent  may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, teams  in conducting this review.
(2) Within three months of the county superintendent of schools  assuming control over a qualifying school district, the County Office Fiscal Crisis and Management Assistance Team shall report its  district, the Superintendent shall report his or her  findings to the Legislature, pursuant to Section 9795 of the Government Code,  Legislature  and shall provide a copy of that report to the Department of Finance, the Superintendent, and the president of the state board or his or her designee.  Finance.  This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.
(3) In the year following the completion of the report required in paragraph (2), the County Office Fiscal Crisis and Management Assistance Team shall begin annual reviews of the effectiveness of the oversight of the qualifying school district by the county office of education.
(4) (3)  If, If  after performing the duties described in paragraphs (1), (2),  (1)  and (3), the County Office Fiscal Crisis and Management Assistance Team  (2), the Superintendent  determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent, with the concurrence of the president of the state board or his or her designee,  Superintendent  may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. The Superintendent and the president of the state board or his or her designee shall further require the county superintendent of schools to demonstrate remediation of deficiencies identified in reports required in paragraphs (2) and (3).  If the Superintendent finds, based on the reports report  required in paragraphs (2) and (3),  paragraph (1),  that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, distress  or failed to take appropriate remedial actions in the qualifying school  district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, indicators  or similarly failed to take appropriate actions in other school  districts with negative or qualified certifications. certifications and shall provide an additional report on the fiscal oversight practices of the county superintendent to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance. 

SEC. 32.

 Section 41326.1 of the Education Code is amended to read:

41326.1.
 Within 30 days of assuming authority, an administrator who has control over a school district pursuant to Section 41326 shall discuss options for resolving the fiscal problems of the district with all of the following groups and shall consider, on a monthly basis, or more frequently if so desired by the administrator, information from one or more of the following groups:
(a) (1)  The governing board of the school district.
(b) (2)  Any advisory council of the school district.
(c) (3)  Any parent-teacher organization of the school district.
(d) (4)  Representatives from the community in which the school district is located.
(e) (5)  The district administrative team.
(f) (6)  The County Office Fiscal Crisis and Management Assistance Team.
(g) (7)  Representatives of employee bargaining units.
(h) (8)  The county superintendent of schools.

SEC. 33.

 Section 41344 of the Education Code is amended to read:

41344.
 (a) If, as the result of an audit or review, a local educational agency is required to repay an apportionment significant audit exception or to pay a penalty arising from an audit  exception, the Superintendent of Public Instruction  and the Director of Finance, or their designees, jointly  shall jointly  establish a plan for repayment of state school funds that the local educational agency received on the basis of average daily attendance, or other data, that did not comply with statutory or regulatory requirements that were conditions of the apportionments, or for payment of a penalty arising from an audit exception.  apportionments.  A local educational agency shall request a repayment  plan within 90 days of receiving the final audit report or review, within 30 days of withdrawing or receiving a final determination regarding an appeal pursuant to subdivision (d), or, in the absence of an appeal pursuant to subdivision (d), within 30 days of withdrawing or receiving a determination of a summary review pursuant to subdivision (d) of Section 41344.1. At the time the local educational agency is notified, the Controller also  shall also  be notified of the repayment  plan. The repayment  plan shall be established in accordance with the following:
(1) The Controller shall withhold the disallowed or penalty  amount at the next principal apportionment or pursuant to paragraph (2), unless subdivision (d) of this section or subdivision (d) of Section 41344.1 applies, in which case the disallowed or penalty  amount shall be withheld, at the next principal apportionment or pursuant to paragraph (2) following the determination regarding the appeal or summary appeal. In calculating a the  disallowed amount, the Controller shall determine the total amount of overpayment received by the local educational agency on the basis of average daily attendance, or other data, reported by the local educational agency that did not comply with one or more statutory or regulatory requirements that are conditions of apportionment.
(2) If the Superintendent of Public Instruction  and the Director of the Department of  Finance concur that repayment of the full liability or payment of the penalty  in the current fiscal year would constitute a severe financial hardship for the local educational  agency, they may approve a repayment  plan of equal annual payments over a period of up to eight years. The repayment  plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Superintendent of Public Instruction  and the Director of Finance jointly shall establish this  the Department of Finance shall jointly establish this repayment  plan. The Controller shall withhold amounts pursuant to the repayment  plan.
(3) If the Superintendent of Public Instruction  and the Director of the Department of  Finance do not jointly establish a repayment  plan, the State  Controller shall withhold the entire disallowed amount determined pursuant to paragraph (1), or the penalty amount,  (1)  at the next principal apportionment.
(b) (1) For purposes of computing average daily attendance pursuant to Section 42238.05, 42238.5,  a local educational agency’s prior fiscal year average daily attendance shall be reduced by an amount equal to any average daily attendance disallowed in the current year, by an audit or review, as defined in subdivision (e).
(2) Commencing with the 1999–2000 fiscal year, this subdivision may not result in a local educational agency repaying more than the value of the average daily attendance disallowed in the audit exception plus interest and other penalties or reductions in apportionments as provided by existing law.
(c) Notwithstanding any other provision of  law, this section may not be waived under any authority set forth in this code except as provided in this section or Section 41344.1.
(d) Within 60 days of the date on which a local educational agency receives a final audit report resulting from an audit or review of all or any part of the operations of the local educational agency, or  or  within 30 days of receiving a determination of a summary review pursuant to subdivision (d) of Section 41344.1, a local educational agency may appeal a finding contained in the final report, pursuant to Section 41344.1. Within 90 days of the date on which the appeal is received by the panel, a hearing shall be held at which the local educational agency may present evidence or arguments if the local educational agency believes that the final report contains any finding that was based on errors of fact or interpretation of law, or if the local educational agency believes in good faith that it was in substantial compliance with all legal requirements.  law.  A repayment schedule may not commence until the panel reaches a determination regarding the appeal. If the panel determines that the local educational agency is correct in its assertion, in whole or in part, the allowable portion of any apportionment payment that was withheld shall be paid at the next principal apportionment.
(e) (1)  As used in this section, “audit or review” means an audit conducted by the Controller’s office, an annual audit conducted by a certified public accountant or a public accounting firm pursuant to Section 41020, and an audit or review conducted by a governmental agency that provided the local educational agency with an opportunity to provide a written response.
(2) As used in this section, “local educational agency” includes a charter school.

SEC. 34.

 Section 42127.6 of the Education Code is amended to read:

42127.6.
 (a) (1) A school district shall provide the county superintendent of schools with a copy of a study, report, evaluation, or audit that was commissioned by the school  district, the county superintendent,  superintendent of schools,  the Superintendent, and state control agencies and that contains evidence that the school district is showing fiscal distress under the standards and criteria adopted in Section 33127, or a report on the school district by the County Office Fiscal Crisis and Management Assistance Team.  Team or any regional team created pursuant to subdivision (i) of Section 42127.8.  The county superintendent of schools  shall review and consider studies, reports, evaluations, or audits of the school district that contain evidence that the school district is demonstrating fiscal distress under the standards and criteria adopted in Section 33127 or that contain a finding by an external reviewer that the school district is at moderate or high risk of intervention based on the most common indicators more than three of the 15 most common predictors  of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team.  Team, are present.  If these findings are made, the county superintendent of schools shall investigate the financial condition of the school district and determine if the school district may be unable to meet its financial obligations for the current or two subsequent fiscal years, or should receive a qualified or negative interim financial certification pursuant to Section 42131. If at any time during the fiscal year the county superintendent of schools determines that a school district may be unable to meet its financial obligations for the current or two subsequent fiscal years or if a school district has a qualified or negative certification pursuant to Section 42131, the county superintendent of schools shall provide a written notice of going concern determination to  he or she shall notify  the governing board of the school district and the Superintendent in writing of that determination  and the basis for the determination. The notification shall include the assumptions used in making the determination and shall be available to the public. The county superintendent of schools shall report to the Superintendent on the financial condition of the school district and the county superintendent’s his or her  proposed remedial actions actions,  and shall do at least one of the following following,  and all actions that are necessary necessary,  to ensure that the school  district meets its financial obligations:
(A) Assign a fiscal expert, paid for by the county superintendent of schools, to advise the school  district on its financial problems.
(B) Conduct a study of the financial and budgetary conditions of the school  district that includes, but is not limited to, a review of internal controls. If, in the course of this review, the county superintendent of schools determines that the county superintendent’s his or her  office requires analytical assistance or expertise that is not available through the school district, the county superintendent of schools  district, he or she  may employ, on a short-term basis, with the approval of the Superintendent, staff, including certified public accountants, to provide the assistance and expertise. The school district shall pay 75 percent and the county office of education shall pay 25 percent of these staff costs.
(C) Direct the school district to submit a financial projection of all fund and cash balances of the district as of June 30 of the current year and subsequent fiscal years as the county superintendent of schools  he or she  requires.
(D) Require the district to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables.
(E) Direct the school  district to submit a proposal for addressing the fiscal conditions that resulted in the determination that the school  district may not be able to meet its financial obligations.
(F) Withhold compensation of the members of the governing board of the school district  and the school  district superintendent for failure to provide requested financial information. This action may be appealed to the Superintendent of Public Instruction  pursuant to subdivision (b).
(G) Assign the County Office Fiscal Crisis and Management Assistance Team to review teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment in the school district, to provide the school district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of teacher misassignment, and provision of highly qualified teachers, and to perform any or all of the duties prescribed in subparagraphs (A) to (C), inclusive, or to further review the causes that led to a finding of moderate or high risk of intervention pursuant to subdivision (a) and recommend corrective action. If a review team is assigned to a school district, the school district shall follow the recommendations of the team, unless the school district shows good cause for failure to do so. The County Office Fiscal Crisis and Management Assistance Team may not recommend an action that would abrogate a contract that governs employment.
(2) Any contract entered into by a county superintendent of schools for the purposes of this subdivision is subject to the approval of the Superintendent.
(3) An employee of a school district who provides information regarding improper governmental activity, as defined in Section 44112, is entitled to the protection provided pursuant to Article 5 (commencing with Section 44110) of Chapter 1 of Part 25.
(b) Within five days of the county superintendent of schools making the determination specified in subdivision (a), a school district may appeal the basis of the determination determination,  and any of the proposed actions that the county superintendent of schools has indicated that the county superintendent of schools  he or she  will take to further examine the financial condition of the school  district. The Superintendent shall sustain or deny any or all parts of the appeal within 10 days.
(c) If, after taking the actions identified in subdivision (a), the county superintendent of schools  determines that a school  district will be unable to meet its financial obligations for the current or subsequent fiscal year, the county superintendent of schools  he or she  shall notify the governing board of the school district, the superintendent of the school district, each recognized employee organization of the school district, each recognized parent organization of the school district, the Superintendent of Public Instruction, and the president of the state board or the president’s designee  school district governing board and the Superintendent  in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination. determination and shall be provided to the superintendent of the school district and parent and teacher organization of the district. 
(d) Within five days of the county superintendent of schools making the determination specified in subdivision (c), a school district may appeal that determination to the Superintendent. The Superintendent shall sustain or deny the appeal within 10 days. If the governing board of the school district appeals the determination, the county superintendent of schools may stay any action of the governing board of the school district that the county superintendent of schools  that he or she  determines is inconsistent with the ability of the school district  district’s ability  to meet its financial obligations for the current or subsequent fiscal year until resolution of the appeal by the Superintendent.
(e) If the appeal described in subdivision (d) is denied or not filed, or if the school  district has a negative certification pursuant to Section 42131, the county superintendent of schools, in consultation with the Superintendent, shall take at least one of the actions described in paragraphs (1) to (5), inclusive, and all actions that are necessary to ensure that the school  district meets its financial obligations and shall make a report to the Superintendent and the president of the state board or the president’s designee  about the financial condition of the school  district and remedial actions proposed by the county superintendent of schools. superintendent. 
(1) Develop and impose, in consultation with the Superintendent and the governing board of the school district,  school district governing board,  a budget revision that will enable the school  district to meet its financial obligations in the current fiscal year.
(2) Stay or rescind any action that is determined to be inconsistent with the ability of the school district  school district’s ability  to meet its obligations for the current or subsequent fiscal year. This includes any actions up to the point that the subsequent year’s budget is approved by the county superintendent of schools. The county superintendent of schools shall inform the school district  governing board of the school district  in writing of the county superintendent’s his or her  justification for any exercise of authority under this paragraph.
(3) Assist in developing, in consultation with the governing board of the school district, a multiyear  financial recovery  plan that will enable the school  district to meet its future obligations.
(4) Assist in developing, in consultation with the governing board of the school district, a budget for the subsequent fiscal year. If necessary, the county superintendent of schools shall continue to work with the governing board of the school district until the budget for the subsequent year is adopted by the governing board of the school district and approved by the county superintendent of schools. adopted. 
(5) As necessary, appoint a fiscal adviser to perform any or all of the duties prescribed by this section on behalf of the county superintendent of schools. his or her behalf. 
(f) Any action taken by the county superintendent of schools pursuant to paragraph (1) or (2) of subdivision (e) shall be accompanied by a notification that shall include the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for these actions.
(g) This section does not authorize the county superintendent of schools to abrogate any provision of a collective bargaining agreement that was entered into by a school district before  prior to  the date that  upon which  the county superintendent of schools assumed authority pursuant to subdivision (e).
(h) The school district shall pay 75 percent and the county office of education shall pay 25 percent of the administrative expenses incurred pursuant to subdivision (e) or costs associated with improving the school  district’s financial management practices. The Superintendent shall develop develop,  and distribute to affected school districts and county offices of education education,  advisory guidelines regarding the appropriate amount of administrative expenses charged pursuant to this subdivision.
(i) Notwithstanding Section 42647 or 42650 42650,  or any other law, a county treasurer shall not honor any warrant if, pursuant to Sections 42127 to 42127.5, inclusive, or pursuant to this section, the county superintendent of schools or the Superintendent, as appropriate, has disapproved that warrant or the order on school district funds for which a warrant was prepared.
(j) Effective upon the certification of the election results for a newly organized school district pursuant to Section 35763, the county superintendent of schools may exercise any of the powers and duties of this section regarding the reorganized school district and the other affected school districts until the reorganized school district becomes effective for all purposes in accordance with Article 4 (commencing with Section 35530) of Chapter 3 of Part 21.
(k) The Superintendent shall monitor the efforts of a county office of education in exercising its authority under this section and may exercise any of that authority if the Superintendent finds determines  that the actions of the  county superintendent of schools are not effective  failed to effectively carry out his or her responsibilities for fiscal oversight as required by this code  in resolving the financial problems of the school district. Upon a decision to exercise the powers of the county superintendent of schools, the county superintendent of schools is relieved of those powers assumed by the Superintendent, and shall provide support and assistance to the Superintendent in the exercise of those powers. The Superintendent shall also request that the County Office Fiscal Crisis and Management Assistance Team identify the circumstances that led to the ineffectiveness of the county superintendent of schools in resolving the financial problems of the school district, and shall require the county office of education to demonstrate, in a manner determined by the Superintendent, remediation of those deficiencies.  Superintendent.  In addition to the actions taken by the county superintendent of schools, the Superintendent shall take further actions to ensure the long-term fiscal stability of the school  district. The county office of education shall reimburse the Superintendent for all of the Superintendent’s  his or her  costs in exercising the Superintendent’s  his or her  authority under this subdivision. The Superintendent shall promptly notify the county superintendent of schools, the county board of education, the superintendent of the school district, the governing board of the school district, the appropriate policy and fiscal committees of each house of the Legislature, and the Department of Finance of the Superintendent’s  his or her  decision to exercise the authority of the county superintendent of schools.

SEC. 35.

 Section 42120 of the Education Code is amended to read:

42120.
 If the county board of education neglects or refuses to make a county office of education budget in the manner as prescribed by this article, or neglects to file interim reports pursuant to subdivision (l) of Section 1240, the Superintendent of Public Instruction shall not make any apportionment of state or federal money for that particular county office of education for the current fiscal year, and the Superintendent of Public Instruction shall notify the appropriate county official that he or she shall not approve any warrants issued by the county office of education.

SEC. 36.

 Section 42129 of the Education Code is amended to read:

42129.
 School districts and county offices of education shall transmit to the department, on a timely basis, all budget reports, prior year expenditure reports, qualified and negative financial status reports, program cost accounting reports, certifications, and audit reports as prescribed by subdivision (l) of Section 1240, subdivision (g) of Section 35035, Sections 1621, 1623, 41020, 42127, 42131, and Chapter 7.2 (commencing with Section 56836) of Part 30, and those reports used to calculate the first, second, and annual principal apportionments and special purpose apportionments for school districts and county offices of education. If the reports are not submitted to the Superintendent of Public Instruction within 14 days after the submission date prescribed in the statute or specified by the Superintendent of Public Instruction, the Superintendent of Public Instruction may direct the county auditor to withhold payment of any stipend, expenses, or salaries to the district superintendent, county superintendent, or members of the governing boards, as appropriate. The payments shall be withheld until the delinquent reports have been submitted to the department. If the county superintendent performs the functions of the county auditor, the Superintendent of Public Instruction may direct the county superintendent to withhold the payments specified in this section.

SEC. 37.

 Section 42131 of the Education Code is amended to read:

42131.
 (a) (1) Pursuant to the reports required by Section 42130, the governing board of each school district shall certify, in writing, within 45 days after the close of the period being reported, whether the school district is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for the subsequent two  fiscal years. year.  These certifications shall be based upon the governing board of the school district’s  board’s  assessment, on the basis of standards and criteria for fiscal stability adopted by the state board  State Board of Education  pursuant to Section 33127, of the school  district budget, as revised to reflect current information regarding the adopted State Budget, school  district property tax revenues pursuant to Sections 95 to 100, inclusive, of the Revenue and Taxation Code, and ending balances for the preceding fiscal year as reported pursuant to Section 42100. The certifications shall be classified as positive, qualified, or negative, as prescribed by the Superintendent for  of Public Instruction for the  purposes of determining subsequent actions by the Superintendent,  Superintendent of Public Instruction,  the Controller, or the county superintendent of schools, pursuant to subdivisions (b) and (c). These certifications shall be based upon the financial and budgetary reports required by Section 42130 but may include additional financial information known by the governing board of the school district  to exist at the time of each certification. For purposes of this subdivision, a negative certification shall be assigned to any school district that, based upon current projections, will be unable to meet its financial obligations for the remainder of the fiscal year or the subsequent fiscal year. A qualified certification shall be assigned to any school district that, based upon current projections, may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to any school district that, based upon current projections, will meet its financial obligations for the current fiscal year and subsequent two fiscal years.
(2) (A)  A copy of each certification and a copy of the report submitted to the governing board of the school district  pursuant to Section 42130 shall be filed with the county superintendent of schools. If a county office of education receives a positive certification when it determines a negative or qualified certification should have been filed, or receives a qualified certification when it determines a negative certification should have been filed,  the county superintendent of schools shall change the certification to negative or qualified, as appropriate, and, no later than 75 days after the close of the period being reported, shall provide notice of that action to the governing board of the school district and to the Superintendent.  Superintendent of Public Instruction.  No later than five days after a school district receives notice from the county superintendent of schools of a change in the school  district’s certification to negative or qualified, the governing board of the school  district may submit an appeal to the Superintendent of Public Instruction  regarding the validity of that change, in accordance with the criteria applied to those designations pursuant to this subdivision. No later than 10 days after receiving that appeal, the Superintendent of Public Instruction  shall determine the certification to be assigned to the school district  district,  and shall notify the school district  governing board of the school district  and the county superintendent of schools of that determination.
(B)  Copies of any certification in which the governing board of the school district  is unable to certify unqualifiedly that these financial obligations will be met and a copy of the report submitted to the governing board of the school district  pursuant to Section 42130 shall be sent by the county office of education to the Controller and the Superintendent of Public Instruction  at the time of the certification, together with a completed transmittal form provided by the Superintendent.  Superintendent of Public Instruction.  Within 75 days after the close of the reporting period on all school district certifications that are classified as qualified or negative pursuant to this section, the appropriate county superintendent of schools shall submit to the Superintendent of Public Instruction  and the Controller the county superintendent of schools’  his or her  comments on those certifications and report any action proposed or taken pursuant to subdivision (b).
(3) All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent of Public Instruction,  and shall be based on standards and criteria for fiscal stability adopted by the state board  State Board of Education  pursuant to Section 33127.  
(4) This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent of schools to the governing board of the school district,  district governing board,  or to the Superintendent. Superintendent of Public Instruction. 
(b) As to any school district having a negative or qualified certification, the county superintendent of schools shall exercise the county superintendent of schools’  his or her  authority, as necessary, pursuant to Section 42127.6.
(c) Within 75 days after the close of each reporting period, each county superintendent of schools shall report to the Controller and the Superintendent of Public Instruction  as to whether the governing board of each of the school districts under the county superintendent of schools’  his or her  jurisdiction has submitted the certification required by subdivision (a). That report shall account for all school  districts under the jurisdiction of the county office of education and indicate the type of certification filed by each school  district.
(d) The Controller’s office may conduct an audit or review of the fiscal condition of any school  district having a negative or qualified certification.
(e) Any school district having a negative or qualified certification, or classified as qualified or negative by the county superintendent of schools, shall continue to be classified as qualified or negative until the next report required under Section 42130 is filed.
(f) (e)  The governing board of each school district filing a qualified or negative certification for the second report required under Section 42130, or classified as qualified or negative by the county superintendent of schools, shall provide to the county superintendent of schools, the Controller, and the Superintendent of Public Instruction  no later than June 1, financial statement projections of the school  district’s fund and cash balances through June 30 for the period ending April 30. The governing boards of all other school districts are encouraged to develop a similar financial statement for use in developing the beginning fund balances of the school  district for the ensuing fiscal year.
(g) (f)  A Any  school district for which the county board of education serves as the governing board of the school district  is not subject to subdivisions (a) to (f), inclusive, but is governed instead by the interim report, monitoring, and review procedures set forth in subdivision (l) of Section 1240 and in Article 2 (commencing with Section 1620) of Chapter 5 of Part 2.

SEC. 38.

 Section 42133.5 of the Education Code is amended to read:

42133.5.
 Regardless of the certification of the budgetary status of a school district or county office of education under subdivision (l) of Section 1240 or Section 42131, the proceeds obtained by a school district from the sources listed in subdivisions (a) to (d), inclusive,  sale of a sale back or leaseback agreement, or interests therein, or a debt instrument payable from payments under a sale back or leaseback agreement  shall not be used for general operating purposes of the school district.
(a) The sale of a saleback or leaseback agreement, or interests in the agreement.
(b) A debt instrument payable from payments under a saleback or leaseback agreement.
(c) Certificates of participation.
(d) Other debt instruments that meet both of the following criteria:
(A) They are secured by real property.
(B) They do not require the approval of the voters of the school district.

SEC. 39.

 Section 46200.5 of the Education Code is amended to read:

46200.5.
 (a) In the 1985–86 fiscal year, for each county office of education that certifies to the Superintendent of Public Instruction that it offers 180 days or more of instruction per school year of special day classes pursuant to Section 56364.2, the Superintendent of Public Instruction shall determine an amount equal to seventy dollars ($70) per unit of current year second principal apportionment average daily attendance for special day classes. This computation shall be included in computations made by the superintendent pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30.
(a) (b)  For a any  county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that offers fewer received an apportionment pursuant to subdivision (a) and that offered less  than 180 days of instruction, or, in multitrack year-round schools, fewer than the 163 days of instruction, the Superintendent shall withhold from the county superintendent of schools’ local control funding formula entitlement computed pursuant to either subdivision (e) of Section 2574 or subdivision  instruction in the 1986–87 fiscal year, to the 2000–01 fiscal year, inclusive, and that does not provide the minimum number of instructional minutes specified in subdivision  (a) of Section 2575, as determined  46201 for that fiscal year, the Superintendent of Public Instruction shall reduce the special education apportionment per unit of average daily attendance for that fiscal year by an amount attributable to the increase received  pursuant to subdivision (g) of Section 2575, the amount computed pursuant to subdivision (b). (a), as adjusted in fiscal years subsequent to the 1985–86 fiscal year. 
(b) (c)  The withholding shall be equal the product of 0.0056 multiplied by the amount calculated for the affected pupil’s school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of  For any county office of education that receives an apportionment pursuant to subdivision (a) and that offers less than 180 days of instruction or in multitrack year-round schools a minimum of 163 days, in the 2001–02 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall withhold from the county office of education’s revenue limit apportionment for the  average daily attendance of each affected grade level the sum of 0.0056 multiplied by that apportionment,  for each day less than what is required to avoid a reduction pursuant to this section, up to a maximum of five days. 180 or, in multitrack year-round schools, for each day less than 163, that the county office of education offered. 
(c) (d)  This section does not apply to special day classes operated in county community schools established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1 or juvenile court schools established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. For any county office of education that received an apportionment pursuant to subdivision (a) and that offered less than 180 days of instruction as required in subdivision (a) in the 1986–87 fiscal year, to either the end of the final year of the teacher bargaining unit contract in force in that county office on January 1, 2002, inclusive, or, if no teacher bargaining unit contract was in force in that county office on January 1, 2002, to the end of the 2001–02 fiscal year, inclusive, and that provided the minimum number of instructional minutes in subdivision (a) of Section 46201.5 during all of the period applicable to the county office pursuant to this subdivision, subdivision (c) does not apply until the first fiscal year following the end of the applicable period of years. 

SEC. 40.

 Section 46201.5 of the Education Code is amended to read:

46201.5.
 (a) In each of the 1985–86 and 1986–87 fiscal years, for each county office of education that certifies to the Superintendent of Public Instruction that, for special day classes pursuant to Section 56364.2, it offers at least the amount of instructional time specified in this subdivision, the Superintendent of Public Instruction shall determine an amount equal to eighty dollars ($80) in the 1985–86 fiscal year and forty dollars ($40) in the 1986–87 fiscal year per unit of current year second principal apportionment average daily attendance for special day classes in kindergarten and grades 1 to 8, inclusive, and one hundred sixty dollars ($160) in the 1985–86 fiscal year and eighty dollars ($80) in the 1986–87 fiscal year per unit of current year second principal apportionment average daily attendance for special day classes in grades 9 to 12, inclusive.
This computation shall be included in computations made by the superintendent pursuant to Article 2 (commencing with Section 56836.06) of Chapter 7.2 of Part 30.
(1) In the 1985–86 fiscal year:
(A) 34,500 minutes in kindergarten.
(B) 47,016 minutes in grades 1 to 3, inclusive.
(C) 50,000 minutes in grades 4 to 8, inclusive.
(D) 57,200 minutes in grades 9 to 12, inclusive.
(2) In the 1986–87 fiscal year:
(A) 36,000 minutes in kindergarten.
(B) 50,400 minutes in grades 1 to 3, inclusive.
(C) 54,000 minutes in grades 4 to 8, inclusive.
(D) 64,800 minutes in grades 9 to 12, inclusive.
(b) Each county office of education that receives an apportionment pursuant to subdivision (a) in a fiscal year shall, in the subsequent fiscal year, add the amount received per pupil to the county office’s base special education apportionment.
(a) (c)  For a each  county office of education that operates a special day class or special day classes pursuant to Section 56364.2  receives an apportionment pursuant to subdivision (a) in the 1985–86 fiscal year,  and that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (b), the Superintendent shall withhold from the county superintendent of schools’ county local control funding formula entitlement computed pursuant to either subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined paragraph (1) of subdivision (a) in the 1986–87 fiscal year, or any fiscal year thereafter, up to and including the 2000–01 fiscal year, the Superintendent of Public Instruction shall reduce the special education apportionment for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1986–87 fiscal year special education apportionment  pursuant to subdivision (g) of Section 2575, the amount computed pursuant to subdivision (c). (b), as adjusted in the 1986–87 fiscal year and fiscal years thereafter. 
(b) (d)  Commencing with the 2013–14 fiscal year, a  For each  county office of education shall, at a minimum, offer the following  that receives an apportionment pursuant to subdivision (a) in the 1986–87 fiscal year and that reduces the  amount of instructional time: time offered below the minimum amounts specified in paragraph (2) of subdivision (a) in the 1987–88 fiscal year, or any fiscal year thereafter, up to and including the 2000–01 fiscal year, the superintendent shall reduce the special education apportionment for the fiscal year in which the reduction occurs by an amount attributable to the increase in the 1987–88 fiscal year special education apportionment pursuant to subdivision (b), as adjusted in the 1987–88 fiscal year and fiscal years thereafter. 
(1) Thirty-six thousand minutes in kindergarten.
(2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive.
(3) Fifty-four thousand minutes in grades 4 to 8, inclusive.
(4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive.
(c) (e)  The withholding shall be equal to the amount calculated for the affected pupil’s school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of  For each county office of education that receives an apportionment pursuant to subdivision (a) in the 1986–87 fiscal year and that reduces the amount of instructional time offered below the minimum amounts specified in paragraph (2) of subdivision (a) in the 2001–02 fiscal year, or any fiscal year thereafter, the Superintendent of Public Instruction shall withhold from the special education apportionment for the  average daily attendance of each affected grade level  level, the sum of that apportionment  multiplied by the percentage of the minimum required offered  minutes at that grade level that the county office of education failed to offer.
(d) This section does not apply to special day classes operated in county community schools established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1 or juvenile court schools established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.

SEC. 41.

 Section 47632 of the Education Code is amended to read:

47632.
 For purposes of this chapter, the following terms shall be defined as follows:
(a) “General-purpose entitlement” means an amount computed by the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03. formula set forth in Section 47633 beginning in the 1999–2000 fiscal year, which is based on the statewide average amounts of general-purpose funding from those state and local sources identified in Section 47633 received by school districts of similar type and serving similar pupil populations. 
(b) “Economic impact aid-eligible pupils” means those pupils that are included in the economic impact aid-eligible pupil count pursuant to Section 54023. For purposes of applying Section 54023 to charter schools, “economically disadvantaged pupils” means the pupils described in paragraph (2) of subdivision (a) of Section 54026. “Categorical block grant” means an amount computed by the formula set forth in Section 47634 beginning in the 1999–2000 fiscal year, which is based on the statewide average amounts of categorical aid from those sources identified in Section 47634 received by school districts of similar type and serving similar pupil populations. 
(c) “General-purpose funding” means those funds that consist of state aid, local property taxes, and other revenues applied toward a school district’s local control funding formula,  revenue limit,  pursuant to Section 42238.02, as implemented by Section 42238.03. 42238. 
(d) “Categorical aid” means aid that consists of state or federally funded programs, or both, that which  are apportioned for specific purposes set forth in statute or regulation.
(e) “Educationally disadvantaged pupils” means those pupils who meet federal eligibility criteria for free and reduced-price meals as specified in Section 49531, as that section read on January 1, 2013, except in regard to meals in family day care homes. are eligible for subsidized meals pursuant to Section 49552 or are identified as English learners pursuant to subdivision (a) of Section 306, or both. 
(f) “Operational funding” means all funding except funding for capital outlay.
(g) “School district of a similar type” means a school district that is serving similar grade levels.
(h) “Similar pupil population” means similar numbers of pupils by grade level, with a similar proportion of educationally disadvantaged pupils.
(i) “Sponsoring local educational agency” means the following:
(1) If  In the cases where  a charter school petition  is granted by a school district, the sponsoring local educational agency is the school district.
(2) If  In cases where  a charter school petition  is granted by a county office of education after having been previously denied by a school district, the sponsoring local educational agency means the school district that initially denied the charter petition.
(3) If  In cases where  a charter school petition is granted after  is granted by the State Board of Education after having been previously denied by  a local educational agency determination is reversed by the state board, the  agency, the  sponsoring local educational agency means the pupils’ school district of residence if the school district is a basic aid school district. For purposes of this paragraph, “basic aid school district” means a school district that did not receive an apportionment of state funds in the prior fiscal year as described in subdivision (o) of Section 42238.02. The requirements of this paragraph shall not be waived by the state board pursuant to Section 33050 or any other law. local educational agency designated by the State Board of Education pursuant to paragraph (1) of subdivision (k) of Section 47605 or if a local educational agency is not designated, the local educational agency that initially denied the charter petition. 
(4) For pupils attending county-sponsored charter schools authorized pursuant to Section 47605.5 who do not meet the criteria identified in  who are eligible to attend those schools solely as a result of parental request pursuant to  subdivision (b) of Section 47631, 1981,  the sponsoring local educational agency means the pupils’ school district of residence.  
(5) For pupils attending countywide charter schools authorized  pursuant to Section 47605.6 who reside in a basic aid school district, the sponsoring local educational agency means the pupils’  school district of residence.  residence of the pupil.  For purposes of this paragraph, “basic aid school district” means a school district that did does  not receive an apportionment of state funds as described in subdivision (o) of Section 42238.02 in the prior fiscal year. pursuant to subdivision (h) of Section 42238. 

SEC. 42.

 Section 47646 of the Education Code is amended to read:

47646.
 (a) A charter school that is deemed to be a public school of the local educational agency that granted the charter for purposes of special education shall participate in state and federal funding for special education in the same manner as any other public school of that local educational agency. A child with disabilities attending the charter school shall receive special education instruction or designated instruction and services, or both, in the same manner as a child with disabilities who attends another public school of that local educational agency. The agency that granted the charter shall ensure that all children with disabilities enrolled in the charter school receive special education and designated instruction and services in a manner that is consistent with their individualized education program and is in compliance with the federal  Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations, including Section 300.209 of Title 34 of the Code of Federal Regulations. regulations. 
(b) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education receives an equitable share of special education funding and services consisting of either, or both, of the following:
(1) State and federal funding provided to support special education instruction or designated instruction and services, or both, provided or procured by the charter school that serves pupils enrolled in and attending the charter school. Notwithstanding any other provision of this chapter, a charter school may report average daily attendance to accommodate eligible pupils who require extended year services as part of an individualized education program.
(2) Any necessary special education services, including administrative and support services and itinerant services, that are is  provided by the local educational agency on behalf of pupils with disabilities enrolled in the charter school.
(c) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education also contributes an equitable share of its charter school block grant funding to support districtwide special education instruction and services, including, but not limited to, special education instruction and services for pupils with disabilities enrolled in the charter school.

SEC. 43.

 Section 48293 of the Education Code is amended to read:

48293.
 (a) Any parent, guardian, or other person having control or charge of any pupil who fails to comply with this chapter, unless excused or exempted therefrom, is guilty of an infraction and shall be punished as follows:
(1) Upon a first conviction, by a fine of not more than one hundred dollars ($100).
(2) Upon a second conviction, by a fine of not more than two hundred fifty dollars ($250).
(3) Upon a third or subsequent conviction, if the person has willfully refused to comply with this section, by a fine of not more than five hundred dollars ($500). In lieu of imposing the fines prescribed in paragraphs (1), (2), and (3), the court may order the person to be placed in a parent education and counseling program.
(b) A judgment that a person convicted of an infraction be punished as prescribed in subdivision (a) may also provide for the payment of the fine within a specified time or in specified installments, or for participation in the program. A judgment granting a defendant time to pay the fine or prescribing the days of attendance in a program shall order that if the defendant fails to pay the fine, or any installment thereof, on the date that it is due, or fails to attend a program on a prescribed date, he or she shall appear in court on that date for further proceedings. Willful violation of the order is punishable as contempt.
(c) The  Until January 1, 2006, the  court may also order that the person convicted of the violation of subdivision (a) immediately enroll or reenroll the pupil in the appropriate school or educational program and provide proof of enrollment to the court. Willful violation of an order under this subdivision is punishable as civil contempt with a fine of up to one thousand dollars ($1,000). An order of contempt under this subdivision shall not include imprisonment.
(d) The Legislative Analyst, in consultation with the California District Attorney’s Association and the State Department of Education, shall develop a report to be submitted to the Legislature on or before January 1, 2004, concerning the implementation of this subdivision.

SEC. 44.

 Article 4 (commencing with Section 48700) of Chapter 4 of Part 27 of the Education Code is repealed.

SEC. 45.

 Section 49110 of the Education Code is amended to read:

49110.
 (a) It is the intent of the Legislature that school district, charter school, and private school  district  personnel responsible for issuing work permits to pupils have a working knowledge of California labor laws as they relate to minors and be trained to provide the  pupils with  practical personal guidance in career education.
(b) Any of the following individuals may issue a work permit to a minor subject to the requirements and conditions of this chapter:
(1) The superintendent of a school district in which the minor resides.
(2) The chief executive officer, or the equivalent position, of a charter school that the minor attends.
(3) A person holding a services credential with a specialization in pupil personnel services authorized by the superintendent of the school district or chief executive officer in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent of the school district or chief executive officer in writing.
(4) (b)  The superintendent of any school district in which any minor resides, a person holding a services credential with a specialization in pupil personnel services authorized by the superintendent in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent in writing, may issue to certain minors permits to work.  If the minor resides in a portion of a county not under the jurisdiction of the superintendent of a school district and does not attend a charter school, the county superintendent of schools,  any school district, the permit to work shall be issued by the superintendent of schools of the county, by  a person holding a services credential with a specialization in pupil personnel services authorized by the county  superintendent of schools  in writing, or a certificated work experience education teacher or coordinator authorized by the county  superintendent of schools in writing may issue a work permit. in writing.  
(5) Subject to the requirements and conditions in subparagraphs (A) to (C), inclusive, the principal of a public or private school may issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. If the principal of a public or private school chooses not to issue work permits pursuant to this paragraph, work permits may be issued to pupils attending that school pursuant to paragraph (1), (3), or (4) or Section 49110.1.
(A) A principal who issues a work permit pursuant to this paragraph shall provide a self-certification that he or she understands the requirements in existing law for issuing a work permit. The principal shall submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located.
(B) The superintendent of a school district may revoke a work permit issued by the principal of a public or private school located within the district if the superintendent becomes aware of any grounds upon which the pupil may be deemed ineligible for a work permit under existing law.
(C) An individual with authority to issue a work permit pursuant to this subdivision shall not issue a work permit to his or her own child.
(c) A work  permit to work  shall not be issued until the written request for the permit  therefor  from the parent, guardian, foster parent, caregiver with whom the minor resides, or residential shelter services provider, has been filed with the issuing authority. “Residential shelter services” refers to residential and other support services provided to minors by a governmental agency, a person or agency under contract with a governmental agency to provide these services, an agency receiving funding from community funds, or a licensed community care facility or crisis resolution center on a temporary or emergency basis in a facility that services only minors.
(d) If the certificated person designated by the superintendent  to issue work permits by the superintendent of a school district or the chief executive officer, or the equivalent position, of a charter school  is not available, and delay in issuing a permit would jeopardize the ability of a pupil to secure work, another a  person authorized by the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school  may issue the work permit.
(e) If a school district or charter school  district  does not employ or contract with a person holding a services credential with a specialization in pupil personnel services or with a certificated work experience education teacher or coordinator, the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school  may authorize, in writing, a person who does not hold that credential to issue work  permits to work  during periods of time in which the superintendent is absent from the district or the chief executive officer is absent from the charter school. district. 
(f) Notwithstanding the hour limitations imposed by this chapter or any other provision of law, the hour limitations that apply to a work permit issued by any of the individuals described in subdivision (b) shall be based on the school calendar of the school the pupil attends.

SEC. 46.

 Section 51101 of the Education Code is amended to read:

51101.
 (a) Except as provided in subdivision (d), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1) Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2) Within a reasonable time of their request, to meet with their child’s teacher or teachers and the principal of the school in which their child is enrolled.
(3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4) To be notified on a timely basis if their child is absent from school without permission.
(5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests.
(6) To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parent’s request.
(7) To have a school environment for their child that is safe and supportive of learning.
(8) To examine the curriculum materials of the class or classes in which their child is enrolled.
(9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child.
(10) To have access to the school records of their child.
(11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish.
(12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents’ questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15) To question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16) To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b) In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1) The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2) A description of the school’s responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3) The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A) Monitoring attendance of their children.
(B) Ensuring that homework is completed and turned in on a timely basis.
(C) Participation of the children in extracurricular activities.
(D) Monitoring and regulating the television viewed by their children.
(E) Working with their children at home in learning activities that extend learning in the classroom.
(F) Volunteering in their children’s classrooms, or for other activities at the school.
(G) Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c) All schools that participate in the High Priority Schools Grant Program established pursuant to Article 3.5 (commencing with Section 52055.600) of Chapter 6.1 of Part 28 and that maintain kindergarten or any of grades 1 to 5, inclusive, shall jointly develop with parents or guardians for all children enrolled at that schoolsite, a school-parent compact pursuant to Section 6319 of Title 20 of the United States Code.
(d) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.

SEC. 47.

 Section 51101.1 of the Education Code is amended to read:

51101.1.
 (a) A parent or guardian’s lack of English fluency does not preclude a parent or guardian from exercising the rights guaranteed under this chapter. A school district shall take all reasonable steps to ensure that all parents and guardians of pupils who speak a language other than English are properly notified in English and in their home language, pursuant to Section 48985, of the rights and opportunities available to them pursuant to this section.
(b) Parents and guardians of English learners are entitled to participate in the education of their children pursuant to Section 51101 and as follows:
(1) To receive, pursuant to paragraph (5) of subdivision (a) of Section 51101, the results of their child’s performance on standardized tests, including the English language development test.
(2) To be given any required written notification, under any applicable law, in English and the pupil’s home language pursuant to Section 48985.
(3) To participate in school and district advisory bodies in accordance with federal and state laws and regulations.
(4) To support their children’s advancement toward literacy. School personnel shall encourage parents and guardians of English learners to support their child’s progress toward literacy both in English and, to the extent possible, in the child’s home language. School districts are encouraged to make available, to the extent possible, surplus or undistributed instructional materials to parents and guardians, pursuant to subdivision (d) of Section 60510, in order to facilitate parental involvement in their children’s education.
(5) To be informed, pursuant to Sections 33126 and 48985, about statewide and local academic standards, testing programs, accountability measures, and school improvement efforts.
(c) A school with a substantial number of pupils with a home language other than English is encouraged to establish parent centers with personnel who can communicate with the parents and guardians of these children to encourage understanding of and participation in the educational programs in which their children are enrolled.

SEC. 48.

 Section 51224.5 of the Education Code is amended to read:

51224.5.
 (a) The adopted course of study for grades 7 to 12, inclusive, shall include algebra as part of the mathematics area of study pursuant to subdivision (f) of Section 51220.
(b) Before receiving a diploma of graduation from high school, a pupil shall complete  Commencing with the 2003–04 school year and each year thereafter,  at least one course, or a combination of the two courses required for graduation  courses, in mathematics required to be completed  pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3, that meets or exceeds 51225.3 by pupils while in grades 9 to 12, inclusive, prior to receiving a diploma of graduation from high school, shall meet or exceed  the rigor of Algebra I or Mathematics I, that is aligned to the content standards  the content standards for Algebra I, as  adopted by the state board pursuant to Sections 60605.8 and 60605.11. State Board of Education pursuant to Section 60605. 
(c) A pupil who, before  prior to  enrollment in grade 9, completes a course in Algebra I or Mathematics I, or mathematics courses of equal rigor, that is aligned to the content standards  coursework in algebra that meets or exceeds the rigor of the content standards for Algebra I, as  adopted by the state board,  State Board of Education,  is exempt from subdivision (b), but is not exempt from the requirement that the pupil complete two courses in mathematics while enrolled in grades 9 to 12, inclusive, as specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3.
(d) A pupil who has completed a course or courses that meet or exceed the content standards for Algebra I adopted by the state board pursuant to Section 60605, as that section read on June 30, 2011, shall be deemed to have satisfied the graduation requirement specified in subdivision (b).

SEC. 49.

 Section 51240 is added to the Education Code, to read:

51240.
 (a) If any part of a school’s instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs.
(b) For purposes of this section, “religious training and beliefs” includes personal moral convictions.

SEC. 50.

 Section 51747 of the Education Code is amended to read:

51747.
 A local educational agency  school district or county office of education  shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, and has implemented those policies, pursuant to rules and regulations adopted by the Superintendent,  Superintendent of Public Instruction,  that include, but are not limited to, all of the following:
(a) The maximum length of time, by grade level and type of program, that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work.
(b) (1)  The level of satisfactory educational progress and the  number of missed assignments that will be allowed before an evaluation is conducted to determine whether it is in the best interests of the pupil to remain in independent study, or whether the pupil  he or she  should return to the regular school program. A written record of the findings of any evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.
(2) Satisfactory educational progress shall be determined based on all of the following indicators:
(A) The pupil’s achievement and engagement in the independent study program, as indicated by the pupil’s performance on applicable pupil-level measures of pupil achievement and pupil engagement set forth in paragraphs (4) and (5) of subdivision (d) of Section 52060.
(B) The completion of assignments, assessments, or other indicators that evidence that the pupil is working on assignments.
(C) Learning required concepts, as determined by the supervising teacher.
(D) Progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher.
(c) The provision of content aligned to grade level standards that is provided at a level of quality and intellectual challenge substantially equivalent to in-person instruction. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A–G admissions criteria.
(d) Procedures for tiered reengagement strategies for all pupils who are not generating attendance for more than three schooldays or 60 percent of the instructional days in a school week, or who are in violation of the written agreement pursuant to subdivision (g). These procedures shall include, but are not necessarily limited to, all of the following:
(1) Verification of current contact information for each enrolled pupil.
(2) Notification to parents or guardians of lack of participation within one school day of the absence or lack of participation.
(3) A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary.
(4) A clear standard for requiring a pupil-parent-educator conference to review a pupil’s written agreement, and reconsider the independent study program’s impact on the pupil’s achievement and well-being, consistent with the policies adopted pursuant to paragraph (4) of subdivision (g).
(e) (1) For pupils in transitional kindergarten and grades 1 to 3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year.
(2) For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year.
(3) For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year.
(f) A plan to transition pupils whose families wish to return to in-person instruction from independent study expeditiously, and, in no case, later than five instructional days.
(g) (c)  A requirement that a current written agreement for each independent study pupil shall be maintained on file, file  including, but not limited to, all of the following:
(1) The manner, time, frequency, and place for submitting a pupil’s assignments, for reporting the pupil’s academic progress, and for communicating with a pupil’s parent or guardian regarding a pupil’s academic  assignments and for reporting his or her  progress.
(2) The objectives and methods of study for the pupil’s work, and the methods used utilized  to evaluate that work.
(3) The specific resources, including materials and personnel, that will be made available to the pupil. These resources shall include confirming or providing access to all pupils to the connectivity and devices adequate to participate in the educational program and complete assigned work. 
(4) A statement of the policies adopted pursuant to subdivisions (a) and (b) regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, the level of satisfactory educational progress,  and the number of missed assignments allowed before  prior to  an evaluation of whether or not the pupil should be allowed to continue in independent study.
(5) The duration of the independent study agreement, including the beginning and ending dates for the pupil’s participation in independent study under the agreement. No independent study agreement shall be valid for any period longer than one school year. semester, or one-half year for a school on a year-round calendar. 
(6) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil upon completion.
(7) A statement detailing the academic and other supports that will be provided to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils in foster care or experiencing homelessness, and pupils requiring mental health supports.
(8) (7)  The inclusion of a statement in each independent study agreement that independent study is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through independent study only if the pupil is offered the alternative of classroom instruction.
(9) (8)  (A)  Each written agreement shall be signed, before  prior to  the commencement of independent study, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil. For purposes of this paragraph “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of  the Family Code.
(B) Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file.
(C) For purposes of this section, an electronic file includes a computer or electronic stored image of an original document, including, but not limited to, portable document format (PDF), JPEG, or other digital image file type, that may be sent via fax machine, email, or other electronic means.
(D) Either an original document or an electronic file of the original document is allowable documentation for auditing purposes.
(E) Written agreements may be signed using an electronic signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied.
(F) Notwithstanding subparagraph (A), for the 2021–22 school year only, a local educational agency shall obtain a signed written agreement for independent study from the pupil, or the pupil’s parent or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the pupil no later than 30 days after the first day of instruction. This subparagraph does not relieve a local educational agency from the obligation to comply with the requirements of this article, as amended by the act adding this subparagraph, upon commencement of instruction for a participating pupil in the 2021–22 school year.
(h) (1) For the 2021–22 school year only, school districts and county offices of education shall notify the parents and guardians of all enrolled pupils of their options to enroll their child in in-person instruction or independent study during the 2021–22 school year. This notice shall include written information on the local educational agency’s internet website, including, but not limited to, the right to request a pupil-parent-educator conference meeting before enrollment pursuant to this section, pupil rights regarding procedures for enrolling, disenrolling, and reenrolling in independent study, and the synchronous and asynchronous instructional time that a pupil will have access to as part of independent study. If 15 percent or more of the pupils enrolled in a local educational agency that provides instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, the written information shall, in addition to being written in English, be written in the primary language.
(2) Before signing a written agreement pursuant to this section, and upon the request of the parent or guardian of a pupil, the local educational agency shall conduct a phone, videoconference, or in-person pupil-parent-educator conference or other school meeting during which the pupil, parent or guardian, and, if requested by the pupil or parent, an education advocate, may ask questions about the educational options, including which curriculum offerings and nonacademic supports will be available to the pupil in independent study, before making the decision about enrollment or disenrollment in the various options for learning.
(i) Subdivisions (d), (e), and (f) shall not apply to pupils that participate in an independent study program for fewer than 15 schooldays in a school year.
(j) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the adoption of the policies required pursuant to this section, including loss of apportionment for independent study for local educational agencies found to be noncompliant, unless compliance verification for those policies is already included in the audit guide.
(k) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).

SEC. 51.

 Section 52515 of the Education Code is amended to read:

52515.
 State funds shall not be apportioned to a school district based  on account of  the attendance of students pupils  enrolled in adult schools, unless schools unless,  the courses have been approved by the department pursuant to Section 41976.

SEC. 52.

 Section 52616.18 of the Education Code is amended to read:

52616.18.
 (a) Commencing July 1, of each fiscal year, notwithstanding that a school district was not authorized to operate an adult education program pursuant to Section 41976, a school district may apply to the department for initial program approval and funding to begin any adult education programs specified in Section 41976 provided the district meets the following criteria:
(1) The district did not operate nor claim state apportionment for an adult education program in the prior fiscal year.
(2) The district enters into a written delineation of function agreement pursuant to Chapter 3 (commencing with Section 8500) of Part 6 for the fiscal year for which initial funding is authorized between the applicant school district and the community college district in the same geographical area.
(b) The Superintendent of Public Instruction may approve the program and state apportionment funding on the basis of the school district’s documented need for adult education programs. The superintendent shall issue a program advisory that sets forth the criteria of need that a district is required to document.
(c) A school district that receives state funding under this section shall ensure that priority for program service is given to persons applying for the district’s adult education programs authorized by paragraphs (2), (3), and (4) of subdivision (a) of Section 41976.
(d) A school district that maintains a current delineation of function agreement with a community college district pursuant to Chapter 3 (commencing with Section 8500) of Part 6 are authorized to divide the responsibility for offering courses pursuant to Section 41976 by mutual agreement of the boards of those districts.
(e) This section shall be operative to the extent that the superintendent determines that funds are available pursuant to Section 52616.19 to implement the section on or after July 1, of each fiscal year.

SEC. 53.

 Section 56027 of the Education Code is amended to read:

56027.
 “Local plan” means a plan that meets the requirements of Chapter 2.5 (commencing with Section 56195) and Chapter  3 (commencing with Section 56205) and that is submitted by a single  school district, two or more school districts, or one or more school districts together with one or more county offices of education. special education local plan area, or county office. 

SEC. 54.

 Section 56028 of the Education Code is amended to read:

56028.
 (a) “Parent” means “Parent,” includes  any of the following:
(1) A biological or adoptive parent person having legal custody  of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations. Any adult pupil for whom no guardian or conservator has been appointed. 
(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code.
(4) (3)  An individual A person  acting in the place of a biological or adoptive  parent, including a grandparent, stepparent, or other relative,  grandparent or stepparent  with whom the child lives, or an individual who is legally responsible for the child’s welfare. lives. “Parent” also includes a parent surrogate. 
(5) (4)  A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and  foster parent if the natural parents’ authority to make educational decisions on the child’s behalf has been specifically limited by court order  in accordance with Section 300.519 subsection (b) of Section 300.20  of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code. Regulations. 
(b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c) (b)  “Parent” does not include the state or any political subdivision of government.
(d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.

SEC. 55.

 Section 56028.5 is added to the Education Code, to read:

56028.5.
 “Public agency” means a school district, county office of education, special education local plan area, charter school, or any other public agency under the auspices of the state or any political subdivisions of the state providing special education or related services to individuals with exceptional needs, and includes all public agencies listed in Section 300.22 of Title 34 of the Code of Federal Regulations.

SEC. 56.

 Section 56140 of the Education Code is amended to read:

56140.
 County offices shall do all of the following:
(a) Initiate and submit to the Superintendent superintendent  a countywide plan for special education that which  demonstrates the coordination of all local plans submitted pursuant to Section 56205 and that which  ensures that all individuals with exceptional needs residing within the county, including those enrolled in alternative education programs, including, but not limited to, alternative schools, charter schools, opportunity schools and classes, community day schools operated by school  districts, community schools operated by county offices of education, and juvenile court schools, will have access to appropriate special education programs and related services. However, a county office shall not be required to submit a countywide plan when all the districts within the county elect to submit a single local plan.
(b) Within 45 days, approve or disapprove any proposed local plan submitted by a district or group of districts within the county or counties. Approval shall be based on the capacity of the district or districts to ensure that special education programs and services are provided to all individuals with exceptional needs.
(1) If approved, the county office shall submit the plan with comments and recommendations to the superintendent.
(b) (2)  Within 45 days, approve or disapprove any proposed local plan submitted by a district or group of districts within the county or counties. If approved, the county office shall submit the plan with comments and recommendations to the Superintendent. If  If  disapproved, the county office shall return the plan with comments and recommendations to the district. The This  district may immediately appeal to the Superintendent superintendent  to overrule the county office’s disapproval. The Superintendent superintendent  shall make a decision on an appeal within 30 days of receipt of the appeal. A local plan shall not be implemented without approval of the plan by the county office or a decision by the Superintendent to overrule the disapproval of the county office. Approval shall be based on the capacity of the district or districts to ensure that special education programs and services are provided to all individuals with exceptional needs, and both of the following: 
(1) (3)  Whether the local plan adheres to the guidelines established pursuant to Section 56122 for the development of local plans. A local plan may not be implemented without approval of the plan by the county office or a decision by the superintendent to overrule the disapproval of the county office. 
(2) Whether the local plan contains all of the required components as detailed in Section 56205.
(c) Participate in the state onsite review of the district’s implementation of an approved local plan.
(d) Join with districts in the county that which  elect to submit a plan or plans pursuant to subdivision (c) of Section 56195.1. Any plan may include more than one county, and districts located in more than one county. Nothing in this subdivision shall be construed to limit the authority of a county office to enter into other agreements with these districts and other districts to provide services relating to the education of individuals with exceptional needs.
(e) For each special education local plan area located within the jurisdiction of the county office of education that has submitted a revised local plan pursuant to Section 56836.03, the county office shall comply with Section 48850, as it relates to individuals with exceptional needs, by making available to agencies that place children in licensed children’s institutions a copy of the annual service plan adopted pursuant to paragraph (2) of subdivision (b) of Section 56205.

SEC. 57.

 Section 56195 of the Education Code is amended to read:

56195.
 Each special education local plan area, as defined in subdivision (d) of Section 56195.1, shall administer local plans submitted pursuant to Chapter 3 (commencing with Section 56205) and shall administer the allocation of funds pursuant to Chapter 7.2 (commencing with Section 56836).

SEC. 58.

 Section 56195.1 of the Education Code is amended to read:

56195.1.
 The governing board of a district shall elect to do one of the following described in subdivision (a), (b), or (c): following: 
(a) (1)  If of sufficient size and scope, under standards adopted by the board, submit to the superintendent a local plan for the education of all individuals with exceptional needs residing in the district in accordance with Chapter 3 (commencing with Section 56205).
(2) From July 1, 2020, to July 1, 2024, inclusive, the governing board of a district shall not submit a local plan for the education of all individuals with exceptional needs residing in the district under paragraph (1) for the purpose of creating a single district special education local plan area.
(b) In conjunction with one or more districts, submit to the superintendent a local plan for the education of individuals with exceptional needs residing in those districts in accordance with Chapter 3 (commencing with Section 56205). The plan shall include, through joint powers agreements or other contractual agreements, all the following:
(1) Provision of a governance structure and any necessary administrative support to implement the plan.
(2) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the special education local plan area.
(3) Designation of a responsible local agency or alternative administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan.
(c) Join with the county office, to submit to the superintendent a local plan in accordance with Chapter 3 (commencing with Section 56205) to assure access to special education and services for all individuals with exceptional needs residing in the geographic area served by the plan. The county office shall coordinate the implementation of the plan, unless otherwise specified in the plan. The plan shall include, through contractual agreements, all of the following:
(1) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the geographical area served by the plan.
(2) Designation of the county office, of a responsible local agency, or of any other administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan.
(d) The service area covered by the local plan developed under subdivision (a), (b), or (c) shall be known as the special education local plan area.
(e) This section does not limit the authority of a county office and a school  district or group of school  districts to enter into contractual agreements for services relating to the education of individuals with exceptional needs. Except for instructional personnel service units serving infants, until a special education local plan area adopts a revised local plan approved pursuant to Section 56836.03, the county office of education  or school  district that reports a unit for funding shall be the agency that employs the personnel who staff the unit, unless the combined unit rate and support service ratio of the nonemploying agency is equal to or lower than that of the employing agency and both agencies agree that the nonemploying agency will report the unit for funding.
(f) A charter school that is deemed a local educational agency for the  purposes of special education pursuant to Article 4 (commencing with Section 47640) of Chapter 6 of Part 26.8 shall participate in an approved local plan pursuant to subdivision (a), (b), or (c). A charter school may submit written policies and procedures to the department for approval by the board that  State Board of Education, which  establish compliance with the federal  Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and implementing regulations, either individually, pursuant to subdivision (a) or with other charter schools pursuant to subdivision (b). The board  State Board of Education  shall review these policies and procedures, based on the criteria established pursuant to Section 56100. Upon approval by the board,  State Board of Education,  these written policies and procedures shall become the local plan.
(g) The requirements of this section shall not be waived by the board pursuant to Section 56101 or any other law.

SEC. 59.

 Section 56361 of the Education Code is amended to read:

56361.
 The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following:
(a) Regular education programs consistent with subparagraph (A) of paragraph (5) of subsection (a) of Section 1412 of Title 20 of the United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364.2.
(e) Nonpublic, nonsectarian school services pursuant to Section 56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and settings other than classrooms where specially designed instruction may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the home, in hospitals, and in other institutions to the extent required by federal law or regulation.

SEC. 60.

 Section 56364.1 of the Education Code is amended to read:

56364.1.
 Notwithstanding the provisions of Section 56364.2, pupils with low incidence disabilities may receive all or a portion of their instruction in the regular classroom and may also be enrolled in special classes taught by appropriately credentialed teachers who serve these pupils at one or more schoolsites. The instruction shall be provided in a manner which is consistent with the guidelines adopted pursuant to Section 56136 and in accordance with the individualized education program.

SEC. 61.

 Section 56364.5 of the Education Code is repealed.

SEC. 62.

 Section 56836.01 of the Education Code is amended to read:

56836.01.
 Commencing with the 1998–99 fiscal year and each fiscal year thereafter, the administrator of each special education local plan area, in accordance with the local plan approved by the board, shall be responsible for the following:
(a) The fiscal administration of the annual budget plan pursuant to paragraph (1) of subdivision (b) of Section 56205 and annual allocation plan for multidistrict special education local plan areas pursuant to Section 56836.05 for special education programs of school districts and county superintendents of schools composing the special education local plan area.
(b) The allocation of state and federal funds allocated to the special education local plan area for the provision of special education and related services by those entities.
(c) The reporting and accounting requirements prescribed by this part.

SEC. 63.

 Section 56836.03 of the Education Code is amended to read:

56836.03.
 (a) On or after January 1, 1998, each special education local plan area shall submit a revised local plan. Each special education local plan area shall submit its revised local plan not later than the time it is required to submit its local plan pursuant to subdivision (b) of Section 56100 and the revised local plan shall meet the requirements of Chapter 3 (commencing with Section 56205).
(b) Until the board has approved the revised local plan and the special education local plan area begins to operate under the revised local plan, each special education local plan area shall continue to operate under the programmatic, reporting, and accounting requirements prescribed by the State Department of Education for the purposes of Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998. The department shall develop transition guidelines, and, as necessary, transition forms, to facilitate a transition from the reporting and accounting methods required for Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998, and related provisions of this part, to the reporting and accounting methods required for this chapter. Under no circumstances shall the transition guidelines exceed the requirements of the provisions described in paragraphs (1) and (2). The transition guidelines shall, at a minimum, do the following:
(1) Describe the method for accounting for the instructional service personnel units and caseloads, as required by Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998.
(2) Describe the accounting that is required to be made, if any, for the purposes of Sections 56030, 56140, 56156.4, 56361.5, 56362, 56363.3, 56366.2, 56366.3, 56441.5, and 56441.7.
(c) Commencing with the 1997–98 fiscal year, through and including the fiscal year in which equalization among special education local plan areas has been achieved, the board shall not approve any proposal to divide a special education local plan area into two or more units, unless the division has no net impact on state costs for special education; provided, however, that the board may approve a proposal that was initially submitted to the department prior to January 1, 1997.

SEC. 64.

 Section 56836.155 of the Education Code is amended to read:

56836.155.
 (a) On or before November 2, 1998, the department, in conjunction with the Office of the Legislative Analyst, shall do the following:
(1) Calculate an “incidence multiplier” for each special education local plan area using the definition, methodology, and data provided in the final report submitted by the American Institutes for Research pursuant to Section 67 of Chapter 854 of the Statutes of 1997.
(2) Submit the incidence multiplier for each special education local plan area and supporting data to the Department of Finance.
(b) The Department of Finance shall review the incidence multiplier for each special education local plan area and the supporting data, and report any errors to the department and the Office of the Legislative Analyst for correction.
(c) The Department of Finance shall approve the final incidence multiplier for each special education local plan area by November 23, 1998.
(d) For the 1998–99 fiscal year and each fiscal year thereafter to and including the 2004–05 fiscal year, the superintendent shall perform the following calculation to determine each special education local plan area’s adjusted entitlement for the incidence of disabilities:
(1) The incidence multiplier for the special education local plan area shall be multiplied by the statewide target amount per unit of average daily attendance for special education local plan areas determined pursuant to Section 56836.11 for the fiscal year in which the computation is made.
(2) The amount determined pursuant to paragraph (1) shall be added to the statewide target amount per unit of average daily attendance for special education local plan area determined pursuant to Section 56836.11 for the fiscal year in which the computation is made.
(3) Subtract the amount of funding for the special education local plan area determined pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b) of Section 56836.08, as appropriate for the fiscal year in which the computation is made, or the statewide target amount per unit of average daily attendance for special education local plan areas determined pursuant to Section 56836.11 for the fiscal year in which the computation is made, whichever is greater, from the amount determined pursuant to paragraph (2). For the purposes of this paragraph for the 2002–03, 2003–04, and 2004–05 fiscal years, the amount, if any, received pursuant to Section 56836.159 shall be excluded from the funding level per unit of average daily attendance for a special education local plan area. If the result is less than zero, the special education local plan area may not receive an adjusted entitlement for the incidence of disabilities.
(4) Multiply the amount determined in paragraph (3) by either the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made, as adjusted pursuant to subdivision (a) of Section 56836.15, or the average daily attendance reported for the special education local plan area for the prior fiscal year, as adjusted pursuant to subdivision (a) of Section 56826.15, whichever is less.
(5) If there are insufficient funds appropriated in the fiscal year for which the computation is made for the purposes of this section, the amount received by each special education local plan area shall be prorated.
(e) For the 1997–98 fiscal year, the superintendent shall perform the calculation in paragraphs (1) to (3), inclusive, of paragraph (d) only for the purposes of making the computation in paragraph (1) of subdivision (d) of Section 56836.08, but the special education local plan area may not receive an adjusted entitlement for the incidence of disabilities pursuant to this section for the 1997–98 fiscal year.

SEC. 65.

 Section 56836.173 of the Education Code is amended to read:

56836.173.
 (a) For the fiscal years 2004–05 to 2006–07, inclusive, the  The  department shall apportion to each special education local plan area the amount determined as follows: in this section. 
(1) (b)  For the 2004–05 and 2005–06 fiscal years, the amount apportioned shall be as follows:
(A) (1)  If the out-of-home care funding amount calculated for a special education local plan area is less than or equal to the amount a special education local plan area received pursuant to former Sections 56836.16 and 56836.17 for the 2002–03 fiscal year, the special education local plan area shall receive the same amount it received for the 2002–03 fiscal year. For purposes of this section, the amount of funding received by a special education local plan area for the 2002–03 fiscal year shall be based on the annual recertification of the 2002–03 fiscal year, as certified by the department in July of 2004.
(B) (2)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  special education local plan areas shall receive the amount received for the 2002–03 fiscal year plus the amount calculated in subparagraph (C). paragraph (3). 
(C) (3)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  each special education local plan area shall also receive the difference between the out-of-home care funding amount for the special education local plan area and the amount received for the 2002–03 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2002–03 fiscal year for all special education local plan areas multiplied by  times  the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) paragraph (1)  or (B). (2). 
(2) (c)  For the 2006–07 fiscal year, the amount apportioned shall be as follows:
(A) (1)  If the out-of-home care funding amount calculated for a special education local plan area for the 2006–07 fiscal year is less than or equal to the amount a special education local plan area received for the 2005–06 fiscal year, the special education local plan area shall receive the same amount it received for the 2005–06 fiscal year less 20 percent of the difference between the amount received for the 2005–06 fiscal year and the out-of-home care funding amount computed for the 2006–07 fiscal year.
(B) (2)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  special education local plan areas shall receive the amount received for the 2005–06 fiscal year.
(C) (3)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2005–06 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2005–06 fiscal year for all special education local plan areas multiplied by  times  the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) paragraph (1)  or (B). (2). 
(b) (1) Commencing with the 2007–08 fiscal year, both of the following shall apply:
(A) To the extent that funds are available pursuant to subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and Taxation Code or subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or both, not more than 50 percent of the amount determined in this subdivision for the applicable fiscal year shall be apportioned by the auditor of the county containing the applicable county Educational Revenue Augmentation Fund to the special education local plan area.
(B) The remaining 50 percent of the amount determined in this subdivision for the applicable fiscal year, or more if the applicable county Educational Revenue Augmentation Fund does not have sufficient funds to cover the entire percentage pursuant to subparagraph (A), shall be apportioned by the department to the special education local plan area.
(2) (d)  For the 2007–08 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1)  amount apportioned  shall be as follows:
(A) (1)  If the out-of-home care funding amount calculated for a special education local plan area for the 2007–08 fiscal year is less than or equal to the amount a special education local plan area received for the 2006–07 fiscal year, the special education local plan area shall receive the same amount it received for the 2006–07 fiscal year less 25 percent of the difference between the amount received for the 2006–07 fiscal year and the out-of-home care funding amount computed for the 2007–08 fiscal year.
(B) (2)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  special education local plan areas shall receive the amount received for the 2006–07 fiscal year.
(C) (3)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2006–07 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2006–07 fiscal year for all special education local plan areas multiplied by  times  the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) paragraph (1)  or (B). (2). 
(3) (e)  For the 2008–09 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1)  amount apportioned  shall be as follows:
(A) (1)  If the out-of-home care funding amount calculated for a special education local plan area for the 2008–09 fiscal year is less than or equal to the amount a special education local plan area received for the 2007–08 fiscal year, the special education local plan area shall receive the same amount it received for the 2007–08 fiscal year less 33 percent of the difference between the amount received for the 2007–08 fiscal year and the out-of-home care funding amount computed for the 2008–09 fiscal year.
(B) (2)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  special education local plan areas shall receive the amount received for the 2007–08 fiscal year.
(C) (3)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2007–08 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2007–08 fiscal year for all special education local plan areas multiplied by  times  the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) paragraph (1)  or (B). (2). 
(4) (f)  For the 2009–10 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1)  amount apportioned  shall be as follows:
(A) (1)  If the out-of-home care funding amount calculated for a special education local plan area for the 2009–10 fiscal year is less than or equal to the amount a special education local plan area received for the 2008–09 fiscal year, the special education local plan area shall receive the same amount it received for the 2008–09 fiscal year less 50 percent of the difference between the amount received for the 2008–09 fiscal year and the out-of-home care funding amount computed for the 2009–10 fiscal year.
(B) (2)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  special education local plan areas shall receive the amount received for the 2008–09 fiscal year.
(C) (3)  For special education local plan areas other than those funded through subparagraph (A), paragraph (1),  each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2008–09 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2008–09 fiscal year for all special education local plan areas multiplied by  times  the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) paragraph (1)  or (B). (2). 
(5) (g)  For  Beginning in  the 2010–11 to 2020–21 fiscal years, inclusive, the total amount apportioned to a  fiscal year, the amount provided to  special education local plan area pursuant to the formula established in paragraph (1)  areas  shall be equal to the amount calculated pursuant to Section 56836.165. If the sum of the amounts calculated pursuant to Section 56836.165  for all special education local plan areas exceeds the Budget Act appropriation for this purpose, the department shall apply proportionate reductions to all special education local plan areas.
(6) For the 2021–22 fiscal year and each fiscal year thereafter, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be equal to the amount calculated pursuant to subdivision (a) of Section 56836.168. If the sum of the amounts calculated pursuant to Section 56836.168 for all special education local plan areas exceeds the annual Budget Act appropriation for this purpose, the department shall apply proportionate reductions to all special education local plan areas. If the annual Budget Act appropriation for this purpose exceeds the sum of the amounts calculated pursuant to Section 56836.168 for all special education local plan areas, any remaining funding shall be allocated in proportion to each special local plan area’s share of that sum calculated pursuant to subdivision (a) of Section 56836.168.
(c) A county Educational Revenue Augmentation Fund shall not be required to provide funding for special education programs funded pursuant to this section based on clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and Taxation Code, or clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or both, for a fiscal year before the 2007–08 fiscal year that it has not already provided for these programs before the start of the 2007–08 fiscal year.

SEC. 66.

 Section 68081 of the Education Code is amended to read:

68081.
 A student who is enrolled in a state government legislative, executive, or judicial fellowship program administered by the state or the California State University is entitled to resident classification at the California State University during the period of the fellowship.

SEC. 67.

 Section 7579.1 of the Government Code is amended to read:

7579.1.
 (a) Prior to the discharge of any disabled child or youth who has an active individualized education program from a public hospital, proprietary hospital, or residential medical facility pursuant to Article 5.5 (commencing with Section 56167) of Chapter 2 of Part 30 of the Education Code, a licensed children’s institution or foster family home pursuant to Article 5 (commencing with Section 56155) of Chapter 2 of Part 30 of the Education Code, or a state hospital or developmental center, for the developmentally disabled or mentally disordered,  the following shall occur:
(1) The operator of the hospital or medical facility, or the agency that placed the child in the licensed children’s institution or foster family home, shall, at least 10 days prior to the discharge of a disabled child or youth, notify in writing the local educational agency in which the special education program for the child is being provided, and the receiving special education local plan area where the child is being transferred, of the impending discharge.
(2) The operator or placing agency, as part of the written notification, shall provide the receiving special education local plan area with a copy of the child’s individualized education program, the identity of the individual responsible for representing the interests of the child for educational and related services for the impending placement, and other relevant information about the child that will be useful in implementing the child’s individualized education program in the receiving special education local plan area.
(b) Once the disabled child or youth has been discharged, it shall be the responsibility of the receiving local educational agency to ensure that the disabled child or youth receives an appropriate educational placement that commences without delay upon his or her discharge from the hospital, institution, facility, or foster family home in accordance with Section 56325 of the Education Code. Responsibility for the provision of special education rests with the school district of residence of the parent or guardian of the child unless the child is placed in another hospital, institution, facility, or foster family home in which case the responsibility of special education rests with the school district in which the child resides pursuant to Sections 56156.4, 56156.6, and 56167 of the Education Code.
(c) Special education local plan area directors shall document instances where the procedures in subdivision (a) are not being adhered to and report these instances to the Superintendent of Public Instruction.

SEC. 68.

 Section 53260 of the Government Code is amended to read:

53260.
 (a) All contracts of employment between an employee and a local agency employer shall include a provision that which  provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, with the following exceptions: contract. However, if the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18. 
(1) If the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18.
(2) In the case of a district superintendent of schools, for contracts of employment executed on or after January 1, 2016, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 12.
(b) (1) Notwithstanding subdivision (a), if a local agency employer, including an administrator appointed by the Superintendent, terminates its contract of employment with its district superintendent of schools, schools  that local agency employer shall may  not provide a cash or noncash settlement to its superintendent in any amount  an amount greater than the superintendent’s monthly salary multiplied by zero to six  if the local agency employer believes, and subsequently confirms, pursuant to an independent audit, that the superintendent has engaged in fraud, misappropriation of funds, or other illegal fiscal practices. The amount of the cash settlement described in this paragraph shall be determined by an administrative law judge after a hearing. 
(2) This subdivision applies only to a contract for employment executed negotiated  on or after January 1, 2016. the effective date of the act that added this subdivision. 
(c) The cash settlement formulas formula  described in subdivision subdivisions  (a) and (b)  are maximum ceiling on the  amounts that may be paid by a local agency employer to an employee and is  not a target or example of the amount of the cash settlement to be paid by a local agency employer to an employee in all contract termination cases.

SEC. 69.

 Section 44 of Chapter 227 of the Statutes of 2003 is amended to read:

SEC. Sec.  44.
 (a) The sum of five hundred seventy million two hundred sixty-three thousand dollars ($570,263,000) is hereby appropriated from the General Fund for the 2004–05 fiscal year in accordance with the following schedule:
(1) The sum of five million seven hundred thirty-eight thousand dollars ($5,738,000) to the State Department of Education for apprentice programs to be expended consistent with the requirements specified in Item 6110-103-0001 of Section 2.00 of the Budget Act of 2003.
(2) The sum of eighty-three million fifty-six thousand dollars ($83,056,000) to the State Department of Education for supplemental instruction to be expended consistent with the requirements specified in Item 6110-104-0001 of Section 2.00 of the Budget Act of 2003. Of the amount appropriated in this paragraph, eighteen million eight hundred ninety-three thousand dollars ($18,893,000) shall be expended consistent with Schedule (1) of Item 6110-104-0001 of Section 2.00 of the Budget Act of 2002 2003  (Ch. 379, 157,  Stats. 2002), 2003),  three million nine hundred twenty-three thousand dollars ($3,923,000) shall be expended consistent with Schedule (3) of that item, and sixty million two hundred forty thousand dollars ($60,240,000) shall be expended consistent with Schedule (4) of that item.
(3) The sum of fifty million one hundred three thousand dollars ($50,103,000) to the State Department of Education for home-to-school transportation to be expended consistent with the requirements specified in Schedule (1) of Item 6110-111-0001 of Section 2.00 of the Budget Act of 2003.
(4) The sum of three million nine hundred fifty-eight thousand dollars ($3,958,000) to the State Department of Education for the Gifted and Talented Pupil Program to be expended consistent with the requirements specified in Item 6110-124-0001 of Section 2.00 of the Budget Act of 2003.
(5) The sum of ninety-five million three hundred ninety-seven thousand dollars ($95,397,000) to the State Department of Education for Targeted Improvement Block Grant to be expended consistent with the requirements specified in Item 6110-132-0001 of Section 2.00 of the Budget Act of 2003.
(6) The sum of forty million nine hundred twenty-five thousand dollars ($40,925,000) to the State Department of Education for adult education to be expended consistent with the requirements specified in Schedule (.5) of Item 6110-156-0001 of Section 2.00 of the Budget Act of 2003.
(7) The sum of four million four hundred fifty-one thousand dollars ($4,451,000) to the State Department of Education for community day schools to be expended consistent with the requirements specified in Item 6110-190-0001 of Section 2.00 of the Budget Act of 2003.
(8) The sum of four million six hundred thirty-five thousand dollars ($4,635,000) to the State Department of Education for categorical programs for charter schools to be expended consistent with the requirements specified in Item 6110-211-0001 of Section 2.00 of the Budget Act of 2003.
(9) The sum of eighty-two million dollars ($82,000,000) to the State Department of Education for the Carl Washington School Safety Block Grant to be expended consistent with the requirements specified in Item 6110-228-0001 of Section 2.00 of the Budget Act of 2003.
(10) One hundred fifty million dollars ($150,000,000) to the Board of Governors of the California Community Colleges for apportionments, to be expended in accordance with the requirements specified in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2003.
(11) Fifty million dollars ($50,000,000) to the Board of Governors of the California Community Colleges for the Partnership for Excellence, to be expended in accordance with the requirements specified in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2003.
(b) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by paragraphs (1) to (9), inclusive, of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2004–05 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code for the 2004–05 fiscal year.
(c) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraphs (10) and (11) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2004–05 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2004–05 fiscal year.
SEC. 70.
 Item 6110-104-0001 of Section 2.00 of Chapter 208 of the Statutes of 2004 is amended to read:
6110-104-0001--For local assistance, Department of Education (Proposition 98), Program 10.10.011-School Apportionments--Remedial Supplemental Instruction Programs, for transfer to Section A of the State School Fund, for supplemental instruction and remedial pro­grams ........................
277,862,000
Schedule:
1. 10.10.011.008--School Apportion­ments, for Supplemental Instruc­tion, Remedial, Grades 7-12 for the purposes of Section 37252 of the Education Code ........................
157,438,000
2. 10.10.011.009--School Apportion­ments, for Supplemental Instruc­tion, Retained, or Recommended for Retention, Grades 2-9, for the purposes of Section 37252.2 of the Education Code, as applicable ........................
38,020,000
3. 10.10.011.010--School Apportion­ments, for Supplemental Instruc­tion, Low STAR, or at-risk, Grades 2-6, for the purposes of Section 37252.8 of the Education Code, as applicable ........................
14,462,000
4. 10.10.011.011--School Apportion­ments, for Supplemental Instruc­tion, Core Academic, Grades K-12, for the purposes of Section 37253 of the Education Code ........................
67,942,000
Provisions:
1. Notwithstanding any other provision of law, for the 2004-05 fiscal year the Superintendent of Public Instruction shall allocate a minimum of $7,573 for supplemental summer school programs in each school district for which the prior fiscal year enrollment was less than 500 and that, in the 2004-05 fiscal year, offers at least 1,500 hours of supplemental summer school instruction. A small school district, as described above, that offers less than 1,500 hours of supplemental summer school offerings shall receive a proportionate reduction in its allocation. For the purpose of this provision, supplemental summer school programs shall be defined as programs authorized under paragraph (2) of subdivision (f) of Section 42239 of the Education Code as it read on July 1, 1999.
2. Notwithstanding any other provision of law, for the 2004-05 fiscal year, the maximum reimbursement to a school district or charter school for the program listed in Schedule (4) shall not exceed 5 percent of the district or charter school’s enrollment multiplied by 120 hours, multiplied by the hourly rate for the 2004-05 fiscal year.
4. Notwithstanding any other provision of law, the rate of reimbursement shall be $3.53 per hour of supplemental instruction.
5. Notwithstanding any other provision of law, if the funds in this item are insufficient to fund otherwise valid claims, the superintendent shall adjust the rates to conform to available funds.
6. Of the funds appropriated in this item, $8,560,000 is for the purpose of providing a cost-of-living adjustment of 2.41 percent. Additionally, $3,342,000 is for the purpose of providing for increases in average daily attendance at a rate of 0.95 percent for supplemental instruction and remedial programs, in lieu of the amount that would otherwise be provided pursuant to any other provision of law.
7. Funds contained in Schedules (1) and (2) of this item shall first be used to offset any state-mandated reimbursable costs that may otherwise be claimed through the state mandates reimbursement process of implementing Sections 37252 and 37252.2 of the Education Code. Local education agencies accepting funding from these schedules shall reduce their estimated and actual mandate reimbursement claims by the amount of funding provided to them from these schedules.
8. Notwithstanding any other provision of law, an additional $85,866,000 in expenditures for this item has been deferred until the 2005-06 fiscal year.
SEC. 71.
 Notwithstanding any other law, any unexpended funds from Item 6110-107-0001 of Section 2.00 of the Budget Act of 2003 (Ch. 157, Stats. 2003) shall remain available to the County Office Fiscal Crisis and Management Assistance Team (FCMAT) for the following purposes:
(a) To provide an additional annual written status report assessing the progress of the Oakland Unified School District in implementing the improvement plan developed pursuant to Chapter 14 of the Statutes of 2003. The reporting requirements that applied to the status reports required by subdivision (c) of Section 7 of Chapter 14 of the Statutes of 2003 apply to the additional report authorized by this subdivision.
(b) To provide an additional annual written status report assessing the progress of the West Fresno Elementary School District in implementing the improvement plan developed pursuant to Chapter 1 of the Statutes of 2003. The reporting requirements that applied to the status reports required by subdivision (c) of Section 5 of Chapter 1 of the Statutes of 2003 apply to the additional report authorized by this subdivision.
(c) Any other activities upon approval of both the Superintendent of Public Instruction and the Director of Finance.
SEC. 72.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
SEC. 73.
 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:
In order to ensure that the educational programs affected by this act are properly implemented, pursuant to the clarifying, technical, and other changes made by this act, it is necessary that this act take effect immediately.