Today's Law As Amended


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AB-2456 School districts: state applications.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 33051 of the Education Code is amended to read:

33051.
 (a) The state board shall approve any and all requests for waivers waivers,  except in those cases where the state  board specifically finds any of the following:
(1) The educational needs of the pupils are not adequately addressed. addressed adequately. 
(2) The waiver affects a program that requires the existence of a schoolsite council and the schoolsite council did not approve the request.
(3) The appropriate councils or advisory committees, including bilingual advisory committees, did not have an adequate opportunity to review the request and the request did not include a written summary of any  objections to the request by the councils or advisory committees.
(4) Pupil or school personnel protections are jeopardized.
(5) Guarantees of parental involvement are jeopardized.
(6) The request would  substantially would  increase state costs.
(7) The exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, was not a participant in the development of the waiver.
(b) The governing board of a school district that has requested and received a general waiver under this article for two consecutive years for the same general waiver is not required to reapply annually if the information contained on the request remains current. The state board may require updated information for the request whenever it determines that information to be necessary. This section does not  Nothing in this section shall  prevent the state board from rescinding a waiver if additional information supporting a rescission is made available to the state  board. This waiver process shall not apply to waivers pertaining to teacher credentialing, which shall be submitted to the state board annually.

SEC. 2.

 Section 64001 of the Education Code is amended to read:

64001.
 (a) Notwithstanding any other law, as a condition of receiving funding for a program under Part 36 (commencing with Section 64000), a local educational agency shall ensure that each school of the local educational agency that operates any programs subject to Part 36 (commencing with Section 64000) consolidates any plans that are required by those programs into a single plan, unless otherwise prohibited by law. That plan shall be known as the School Plan for Student Achievement (SPSA). If a plan is not required by a program subject to Part 36 (commencing with Section 64000), the governing board or body of a local educational agency may require any school that receives funding from the consolidated application to develop a SPSA.
(b) A local educational agency shall not be required to submit the SPSA to the department as part of the consolidated application.
(c) (a)  A local educational agency shall ensure, Notwithstanding any other provision of law, a school district shall not be required to submit to the department, as part of the consolidated application, school plans for categorical programs subject to this part. A school district shall assure,  in the consolidated application, that the SPSA  Single Plan for Pupil Achievement established pursuant to subdivision (d)  has been prepared in accordance with law, that schoolsite councils have developed and approved a SPSA for each school  plan, to be known as the Single Plan for Pupil Achievement for schools  participating in programs funded through the consolidated application process, and that SPSAs  any other school program they choose to include, and that school plans  were developed with the review, certification, and advice of the school English learner advisory committee, if required. applicable school advisory committees. The Single Plan for Pupil Achievement also may be referred to as the Single Plan for Student Achievement. The consolidated application also shall include certifications by appropriate district advisory committees that the application was developed with review and advice of those committees. 
(d) For  The department shall monitor and review to ensure that  a consolidated application that does not include the necessary certifications or assurances, the department shall initiate an investigation to determine whether  the consolidated application and the SPSA  Single Plan for Pupil Achievement  were developed in accordance with law and with the involvement of applicable advisory committees and schoolsite councils.
(e) (b)  Onsite school and district compliance reviews of categorical programs shall continue, and SPSAs  school plans  shall be required and reviewed as part of these onsite visits and compliance reviews. The Superintendent shall monitor such compliance. To that end, the Superintendent shall develop monitoring instruments and  establish the process and frequency for conducting reviews of school  district achievement and compliance with state and federal categorical program requirements. In addition, the Superintendent shall establish the content of these instruments, including criteria for differentiating these reviews based on the achievement of pupils, as demonstrated by the Academic Performance Index developed pursuant to Section 52052, and evidence of district compliance with state and federal law.  The state board shall review the content of these instruments for consistency with state board policy.
(f) (1) A complaint that a local educational agency has not complied with the requirements of Part 36 (commencing with Section 64000), this part, or Part 38 (commencing with Section 65000) may be filed with a local educational agency pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.
(2) (c)  A school district shall submit school plans whenever the department requires the plans in order to effectively administer a categorical program subject to this part.  The department may require submission of the SPSA  school plan  for any a  school that is the specific subject of a complaint involving any  a categorical  program or service subject to this part.
(3)  The department may require a local educational agency  school district  to submit other data or information as may be necessary for the department to effectively administer any  a categorical  program subject to this part.
(g) (d)  (1)  Notwithstanding any other law, the schoolsite council shall develop the content of the SPSA. SPSAs shall be reviewed in accordance with paragraph (4) of subdivision (a) of Section 52062. provision of law, as a condition of receiving state funding for a categorical program pursuant to Section 64000, and in lieu of the information submission requirements that previously were required by this section prior to the amendments that added this subdivision and subdivisions (e) to (i), inclusive, school districts shall ensure that each school in a district that operates a categorical programs subject to this part consolidates plans that are required by those programs into a single plan. Schools may consolidate plans that are required by federal programs subject to this part into this plan, unless otherwise prohibited by federal law. That plan shall be known as the Single Plan for Pupil Achievement or may be referred to as the Single Plan for Student Achievement. 
(2) (e)  The development of the SPSA shall include both of the following actions: Plans developed pursuant to subdivision (d) of Section 52054, and Section 6314 and following of Title 20 of the United States Code, shall satisfy this requirement. 
(A) (f)  Administration of a comprehensive needs assessment pursuant to Section 1114(b)(6) of the federal Every Student Succeeds Act (Public Law 114-95) that forms the basis of the school’s goals contained in the SPSA. The comprehensive needs assessment shall include Notwithstanding any other provision of law, the content of a Single Plan for Pupil Achievement shall be aligned with school goals for improving pupil achievement. School goals shall be based upon  an analysis of verifiable state data, consistent with all state priorities as noted in Sections 52060 and 52066, and informed by all indicators described in Section 1111(c)(4)(B) of the federal Every Student Succeeds Act, including pupil performance against state-determined long-term goals. The school may include any  including the Academic Performance Index developed pursuant to Section 52052 and the English Language Development test developed pursuant to Section 60810, and may include  data voluntarily developed by school  districts to measure pupil outcomes. If the plan is required by the local governing board or body of the local educational agency only, the local governing board or body of the local educational agency may determine the extent to which the needs assessment applies. achievement. The Single Plan for Pupil Achievement, at a minimum, shall address how funds provided to the school through any of the sources identified in Section 64000 will be used to improve the academic performance of all pupils to the level of the performance goals, as established by the Academic Performance Index developed pursuant to Section 52052. The plan also shall identify the schools’ means of evaluating progress toward accomplishing those goals and how state and federal law governing these programs will be implemented. 
(B) Identification of the process for evaluating and monitoring the implementation of the SPSA and progress towards accomplishing the goals set forth in the SPSA.
(3) The SPSA shall include all of the following:
(A) Goals set to improve pupil outcomes, including addressing the needs of pupil groups as identified through the needs assessment in subparagraph (A) of paragraph (2).
(B) Evidence-based strategies, actions, or services.
(C) Proposed expenditures, based on the projected resource allocation from the governing board or body of the local educational agency, to address the findings of the needs assessment consistent with the state priorities, including identifying resource inequities, which may include a review of the local educational agency’s budgeting, its local control and accountability plan, and school-level budgeting, if applicable.
(h) SPSAs created under this part may serve as school improvement plans required under federal law for schools identified for targeted support as described in Section 1003(e)(1)(A) of the federal Every Student Succeeds Act (Public Law 114-95) or comprehensive support as described in Section 1003(e)(1)(B) of the federal Every Student Succeeds Act, as long as the SPSAs also meet the requirements as established by the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), as amended by the federal Every Student Succeeds Act. A local educational agency may use the schoolsite council to meet the stakeholder requirements established in Section 1111(d)(1)(B) and Section 1111(d)(2)(B) of the federal Every Student Succeeds Act.
(i) (g)  The SPSA plan  required by this section shall be reviewed annually and updated, including proposed expenditure of funds allocated to the school through the consolidated application and the local control and accountability plan, if any, by the schoolsite council. The SPSAs application, by the schoolsite council, or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups that conform to the requirements of Section 52852. The plans  shall be reviewed and approved by the governing board or body  of the local educational agency at a regularly scheduled meeting whenever there are material changes that affect the academic programs for pupils covered by programs identified in this part. If a SPSA is not approved by the governing board or body of the local educational agency, specific reasons for that action shall be communicated to the schoolsite council. Modifications to any SPSA shall be developed, recommended, and approved or disapproved by the governing board or body of the local educational agency in the same manner. Section 64000. 
(h) The school plan and subsequent revisions shall be reviewed and approved by the governing board of the school district. A school district governing board shall certify that, to the extent allowable under federal law, a plan developed for purposes of this section is consistent with district local improvement plans that are required as a condition of receiving federal funding.
(j) (i)  Single school districts and charter schools may use the local control and accountability plan to serve as the SPSA, provided that the local control and accountability plan meets federal school planning requirements and the stakeholder requirements established in subdivision (a) of Section 52062, and is adopted at a public hearing pursuant to Section 52062 or 47606.5, as applicable. This section does not prevent a school district, at its discretion, from conducting an independent review pursuant to subdivision (c) of Section 64001, as that section read on January 1, 2001.