(1) Existing law requires the State Department of Education to develop, on or before June 30, 2020, a standardized English language teacher observation protocol for use by teachers in evaluating a pupil’s English language proficiency.
This bill would extend the date for completion of that protocol until December 31, 2021.
(2) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age. The act requires the department to contract with local contracting agencies to provide for alternative payment programs, and authorizes alternative
payments to be made for childcare services, as provided. The act requires that families meet specified requirements to be eligible for federal- and state-subsidized childcare and development services.
This bill would require the Superintendent to reimburse contracting agencies for certain state-subsidized childcare programs from July 1, 2020, to June 30, 2021, inclusive, due to the ongoing impacts of childcare and development facility closures and low child attendance due to the COVID-19 pandemic and related public health directives, if the contracting agency meets one of 2 specified conditions. The bill would require a childcare program that receives that reimbursement and that is physically closed due to the COVID-19 pandemic, but funded to be operational, to submit a distance learning plan to the department pursuant to guidance from the Superintendent and to provide those distance learning services.
The bill would
require the Controller, on July 1, 2020, to transfer $152,314,000 from the Federal Trust Fund, consistent with specified federal requirements, to the General Fund to offset the state costs of providing assistance to childcare providers during the COVID-19 pandemic from March 4, 2020, to August 28, 2020, as provided. The bill would appropriate $198,000,000 from the Federal Trust Fund, consistent with those same federal requirements, to the Superintendent for COVID-19 pandemic-related relief and assistance for childcare providers, the families those childcare providers serve, and essential workers, as provided. The bill would require that all children who meet specified childcare need and eligibility requirements who were enrolled pursuant to certain executive orders be first priority for enrollment in alternative payment programs with available capacity.
The bill would require the State Department of Education to prioritize federal funding for specified childcare and
preschool programs in a certain order contingent on the receipt of federal funds authorized to be used for these purposes during the 2020–21 fiscal year.
The bill would require an alternative payment agency, as provided, to provide to the department, on a monthly basis, data about childcare caseload in the alternative payment program and migrant childcare and development programs.
(3) Existing law establishes the Early Learning and Care Infrastructure Grant Program under the administration of the Superintendent of Public Instruction to expand access to early learning and care opportunities for children up to 5 years of age by providing resources to build new facilities or retrofit, renovate, or expand existing facilities, as provided. Existing law appropriates $245,000,000 from the General Fund to the State Department of Education for these purposes, to be released on a prescribed schedule.
This bill instead would require all $245,000,000 appropriated for the Early Learning and Care Infrastructure Grant Program to be released in the 2019–20 fiscal year. The bill would require the amounts appropriated and transferred for purposes of the program to revert to the General Fund on June 30, 2020.
(4) Existing law establishes the Early Learning and Care Workforce Development Grants Program under the administration of the Superintendent to expand the number of qualified early learning and care professionals and increase the educational credentials of existing early learning and care professionals across the state, as provided. Existing law appropriates $150,000,000 from the General Fund to the department for these purposes, to be released on a prescribed schedule.
This bill instead would require all $150,000,000 appropriated for the Early Learning and Care
Workforce Development Grants Program to be released in the 2019–20 fiscal year. The bill would require the amounts appropriated and transferred for purposes of the program to revert to the General Fund on June 30, 2020.
(5) Existing law continuously appropriates from the General Fund to Section A of the State School Fund for allocation by the Controller any amounts necessary to meet the requirements of specified programs during each fiscal year, including, among others, the local control funding formula, the basic aid school district block grant, and the Open Enrollment Act, upon certification by the Superintendent of those amounts.
This bill would require the amounts calculated for the those specified programs to be considered final as of the certification of the 2nd principal apportionment in the 5th succeeding fiscal year, inclusive, of the fiscal year for which the calculation is being made, and
would require final submissions to be submitted pursuant to procedures and timeframes established by the Superintendent, except as provided. The bill would not apply these provisions to a change that is a result of an audit exception reported in certain audits or reviews that provided the local educational agency the opportunity to provide a written response.
(6) Existing law requires the Controller to draw warrants on the State Treasury throughout each year in specified amounts for purposes of apportioning funding to school districts, county offices of education, and charter schools.
This bill, commencing with the 2019–20 fiscal year, would require the warrants scheduled to be drawn in June to instead be drawn in July of the same calendar year. The bill, commencing with the 2020–21 fiscal year, would require specified amounts of warrants scheduled to be drawn in February to instead be drawn in
November of the same calendar year, would require specified amounts of warrants scheduled to be drawn in March to instead be drawn in October of the same calendar year, would require specified amounts of warrants scheduled to be drawn in April to instead be drawn in September of the same calendar year, and would require specified amounts of warrants scheduled to be drawn in May to instead be drawn in August of the same calendar year, except as specified for certain amounts of warrants scheduled to be drawn in February to June, inclusive, for the 2020–21 fiscal year.
For the 2020–21 and 2021–22 fiscal years, if the state defers any payments owed to school districts, the bill would authorize the governing board of a school district to authorize, by resolution, that moneys held in any fund or account to be temporarily transferred to another fund or account of the school district for payment of obligations, as provided.
(7) The Full-Day Kindergarten Facilities Grant Program appropriates $300,000,000 for the 2019–20 fiscal year from the General Fund to the State Allocation Board to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing full-day kindergarten classrooms, as specified.
This bill, commencing with 2019–20 fiscal year, instead would make this program contingent upon appropriation by the Legislature.
(8) Existing law authorizes school district governing boards to sell, or lease for a term not exceeding 99 years, any real property belonging to the school district. Existing law establishes procedures for the conduct of these sales and leases, and specifies the purposes for which funds derived from these transactions may be used.
Until July 1, 2024, this bill would expand the purposes for which funds from those transactions may be used by authorizing a school district to deposit the proceeds from the sale or lease of surplus real property, together with any personal property located on the property, purchased entirely with local funds, into the general fund of the school district and to use the proceeds for any one-time general fund purpose, as provided.
(9) Existing law authorizes a school district to enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, local governmental agency, as defined, or corporation. Existing law prohibits the governing board of a school district from approving a proposal or entering into a lease or contract incorporating a proposal until the governing board submits the proposal to the State Board of Education, and the
state board approves the proposal. Existing law requires the state board to notify the governing board of its approval or disapproval within 45 days of the date of submission.
This bill would repeal the above-described prohibition on the governing board of a school district and related requirements on the state board.
(10) Existing law prescribes the procedure to reorganize school districts, including the filing of a petition with the county superintendent of schools by specified persons. Existing law authorizes a county committee on school district organization for certain petitions to transfer territory to approve the petition, as provided. Existing law authorizes an action by the county committee on school district organization approving or disapproving a petition to transfer territory to be appealed to the State Board of Education by the chief petitioners or one or more affected school districts.
The state board, upon receipt of the appeal, may elect either to review the appeal or to ratify the county committee’s decision by summarily denying review of the appeal.
This bill would no longer authorize appeals of an action by the county committee on school district organization disapproving a petition to transfer territory to the state board for an appeal filed after July 1, 2020.
(11) For the 1990–91 fiscal year and each fiscal year thereafter, existing law requires that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes that provision inapplicable to the 1992–93 to 2019–20 fiscal years, inclusive.
This bill would also make that provision inapplicable to the 2020–21 fiscal year.
(12) Existing law requires, not later than May 1 of each fiscal year, county superintendents of schools to provide for an audit of all funds under their jurisdiction. Existing law also requires the governing board of each local educational agency to either provide for an audit of the books and accounts of that agency or to make arrangements with the county superintendent of schools having jurisdiction over that agency to provide for that auditing, as specified. Existing law requires that a contract to perform the audit of a local educational agency with a disapproved budget, negative certification, or finding of a lack of going concern receive the approval of the county superintendent of schools and the governing board.
This bill, notwithstanding the provision referenced above,
would, among other things, require a local educational agency to provide for the required audit for the 2019–20 fiscal year by July 15, 2020, or, if the local educational agency fails to provide for an audit by that date, for the county office of education having jurisdiction over that agency to provide for that audit by July 31, 2020, as specified.
(13) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts based on one of 3 tests in any given fiscal year.
Commencing with the 2021–22 fiscal year, this bill would require an appropriation to be made from the
General Fund in the annual Budget Act for the support of elementary and secondary public schools and community colleges to supplement funding appropriated pursuant to Proposition 98 annually in an amount equal to 1.5% of total General Fund revenues, as calculated pursuant to Proposition 98, until the sum of the supplemental appropriations equals $12,366,107,000.
(14) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires certain components of funding to be adjusted for inflation in each fiscal year, as specified.
This bill, notwithstanding those specified inflation adjustments, would require those inflation adjustments for the 2020–21 fiscal year to instead be zero.
(15) Existing law requires the governing board of each school district, except as otherwise specifically provided by law, to use all money apportioned to the school district from the State School Fund during any fiscal year exclusively for the support of the school or schools of the school district for that year.
This bill would expand that requirement to charter schools and county offices of education, and would prohibit school districts, charter schools, and county offices of education from expending funds provided in satisfaction of the state’s minimum funding obligation to school districts and community college districts pursuant to the California Constitution for courses or instruction offered by private or public colleges or universities beyond that permitted in pursuit of a high school diploma, except for courses or instruction in which pupils are enrolled in before July 1, 2020. To the extent
these provisions add additional duties on local educational agencies, the bill would impose a state-mandated local program.
(16) Existing law places various requirements on county superintendents of schools in reviewing and determining whether a school district’s adopted budget will allow the school district to meet its financial obligations during the fiscal year and is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments.
The bill would revise certain requirements on county superintendents of schools regarding determinations of fiscal distress for school districts, and would require a county superintendent of schools to send a written notice of going concern determination under certain circumstances.
(17) Existing law provides for a specified annual funding increase for
special education and childcare and development programs if an inflation or cost-of-living adjustment is not otherwise provided for those programs.
This bill would suspend that annual funding increase for childcare and development programs for the 2020–21 fiscal year.
(18) Existing law requires local educational agencies to meet specified minimum requirements for the number of instructional minutes offered during a schoolday, instructional minutes offered during a school year, and instructional days offered in a school year.
This bill, for the 2020–21 school year, would waive the minimum requirements for instructional minutes offered during the school year and would authorize a local educational agency to meet the minimum requirements for instructional minutes offered during a schoolday and for instructional days offered in the 2020–21 school year through
in-person instruction or a combination of in-person instruction and distance learning, as provided.
The bill would require a local educational agency that offers distance learning during the 2020–21 school year to comply with specified requirements. The bill would require local educational agencies to document pupils’ participation on each schoolday for which distance learning is provided and to regularly communicate with parents and guardians regarding a pupil’s academic progress. The bill would require the Superintendent of Public Instruction to withhold a portion of a local educational agency’s funding apportionments for failing to offer the minimum number of instructional days in the 2020–21 school year. To the extent these provisions impose additional requirements on school districts, county offices of education, and charter schools, the bill would create a state-mandated local program.
(19) Existing law requires, on or before July 1, 2014, governing boards of school districts and county boards of education to adopt a local control and accountability plan, as provided. Existing law requires charter schools, on or before July 1, 2015, and each year thereafter, to adopt a local control and accountability plan to update the goals and annual actions to achieve those goals identified in the charter petition, as provided.
This bill would provide that school districts, county boards of education, and charter schools are not required to adopt a local control and accountability plan for the 2020–21 school year. The bill instead would require the governing board of a school district, a county board of education, and the governing body of a charter school to adopt a learning continuity and attendance plan by September 30, 2020. The bill would require the Superintendent, in consultation with the State Board of Education, to develop a template for
the learning continuity and attendance plan on or before August 1, 2020, as provided. The bill would require the learning continuity and attendance plan to include specified information about the instruction the school district, county office of education, or charter school will provide to pupils in the 2020–21 school year. By requiring school districts, county offices of education, and charter schools to adopt a learning continuity and attendance plan, the bill would impose a state-mandated local program.
(20) Existing law establishes the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. A regulation issued by the commission requires that, for each examination score used to satisfy a requirement for the issuance of a credential, certificate, permit, or waiver, no more than 10 years may elapse between the date the score was earned and the
issuance date of the credential, certificate, permit, or waiver for which the examination score was used.
This bill would extend the time of validity of examination scores used to satisfy a requirement for the issuance of a credential, certificate, permit, or waiver pursuant to the regulation referenced above to 11 years for any score used to satisfy a requirement from March 19, 2020, to June 30, 2021, inclusive.
(21) Existing law sets the minimum requirements for the services credential with a specialization in pupil personnel services as a baccalaureate or higher degree from an approved institution, a 5th year of study, and any specialized and professional preparation required by the Commission on Teacher Credentialing, including completion of a commission-approved program of supervised field experience. Specified regulations issued by the commission require this field experience to take place in at
least 2 settings.
This bill would reduce the requirement for the field practice assignment for a pupil personnel services credential to take place in 2 or more school settings to one school setting from March 19, 2020, to June 30, 2021, inclusive.
(22) Existing law authorizes the governing board of a school district to terminate the services of any permanent or probationary certificated employees of the school district, including employees holding a position that requires an administrative or supervisory credential, during the time period between 5 days after the enactment of an annual Budget Act and August 15 of the fiscal year to which the Budget Act applies if the governing board of the school district determines that its total revenue limit per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2%, and if the governing board of the school district
determines it is therefore necessary to decrease the number of permanent employees in the school district.
This bill would make that provision inoperative from July 1, 2020, to July 1, 2021, inclusive, except to authorize a certificated employee of a school district holding a position that requires an administrative or supervisory credential to be terminated pursuant to that provision.
(23) Existing law establishes a governing board to establish and administer a unit known as the County Office Fiscal Crisis and Management Assistance Team. Among other duties, this unit provides fiscal management assistance, at the request of any school district, charter school, county office of education, or community college district. Existing law requires the unit to request and review applications to establish regional teams of education finance experts throughout the state.
This bill would delete the requirements relating to establishing regional teams. The bill would require the unit to post certain rate information and training calendars on the unit’s internet website.
(24) Existing law requires the withholding of apportionments and the imposition of fiscal penalties for school districts and county offices of education that fail to comply with the requirements for at least a minimum number of days of instruction and instructional minutes in a school year.
This bill would apply those provisions to a county office of education that operates a special day class or special day classes, except if those classes operate in a county community school or a juvenile court school.
(25) Existing law expressly states that charter schools and entities managing charter schools are
subject to, except as specified, (A) the Ralph M. Brown Act, unless the charter school is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school is subject to the Bagley-Keene Open Meeting Act, (B) the California Public Records Act, (C) certain provisions prohibiting certain public officials, including, but not limited to, state, county, or district officers or employees, from being financially interested in any contract made by them in their official capacity or by any body or board of which they are members, and (D) the Political Reform Act of 1974.
This bill would prohibit the State Board of Education from waiving the above-described requirements.
(26) The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law authorizes a charter school that established a schoolsite outside the boundaries of the
chartering authority before January 1, 2020, or that established a resource center, meeting space, or other satellite facility outside the boundaries of the school district in which the charter school is located before January 1, 2020, to continue to operate that site if the charter school satisfies specified requirements, in which case existing law requires the State Department of Education to regard the charter school as a continuing charter school.
This bill would require a charter school, in order to be regarded as a continuing charter school, to notify the department by May 15 before the fiscal year in which the charter school is to be regarded as a continuing charter school, in a format to be established by the Superintendent. The bill would require a petition for the ongoing operation of a continuing charter school to be effective before the date instruction begins for the current fiscal year. The bill would require a continuing charter school to commence
instruction within the first 3 months of the fiscal year beginning July 1 of the year the petition is effective. By imposing new duties on charter schools, the bill would create a state-mandated local program. The bill would make various changes to state funding calculations for purposes of continuing charter schools.
The bill would also make revisions to provisions of the act regarding (A) exemptions from geographic restrictions for certain charter schools located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe, (B) the denial of a charter petition because the school district is not positioned to absorb the fiscal impact of the proposed charter school, (C) the appeals process when the governing board of a school district denies a charter petition, and (D) material revisions during the petition review process. The bill would authorize a charter school that is scheduled to open, or
pursuant to its petition will add grade levels, in the 2020–21 school year to delay opening or adding grade levels for one year without requesting a material revision to its charter petition, as provided.
(27) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires, as a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to the statutory methods of calculating average daily attendance, that a school district or charter school ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom on or after July 1, 2015, have, by August 1, 2020, met one of 3 designated criteria establishing qualification for the position.
This bill would delay until August 1, 2021, the deadline for a credentialed teacher first assigned to a transitional kindergarten
classroom on or after July 1, 2015, to meet one of the designated criteria referenced above.
(28) Existing law requires the Superintendent of Public Instruction to award a State Seal of Biliteracy. Existing law provides that the State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets specified criteria, including, among other criteria, that proficiency in a language other than English is demonstrated through one of several designated methods.
This bill would provide that, notwithstanding the designated requirements for the State Seal of Biliteracy referenced above, for those pupils on track to graduate in 2020 or 2021, who were unable to take the assessments identified in existing law, or who did not receive a letter grade in English language arts, the
Superintendent may provide alternatives to demonstrating attainment of a high level of proficiency in one or more languages in addition to English.
(29) Existing law requires, on or before March 31, 2014, the State Board of Education to adopt templates for use by school districts, county superintendents of schools, and charter schools for purposes of the local control and accountability plans.
This bill would require the template adopted by the state board to require the inclusion of specified information relating to stakeholder engagement, as provided. The bill would require, on or before January 31, 2022, the instructions developed by the state board to require certain school districts, county offices of education, and charter schools to include a goal in their respective local control and accountability plan focused on improving the performance of pupil subgroups or focused on addressing the
disparities in performance at certain schools within a school district or county office of education, as applicable. To the extent the bill would require school districts, county boards of education, and charter schools to include additional information in their local control and accountability plans, the bill would impose a state-mandated local program. The bill would exempt from the Administrative Procedure Act revisions to the template to implement these provisions and other legislation passed during the 2019–20 Regular Session.
(30) Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law requires the State Department of Education, in consultation with the executive director of the State Board of Education and with the
approval of the Department of Finance, to contract with a local educational agency, or consortium of local educational agencies, to serve as the administrative agent for the collaborative. Existing law requires the Superintendent of Public Instruction to apportion funds appropriated for the collaborative to the administrative agent.
This bill would remove that requirement on the Superintendent.
(31) Existing law establishes the Bilingual Teacher Professional Development Program, administered by the State Department of Education in consultation with the Commission on Teacher Credentialing, for teachers seeking to provide instruction in bilingual and multilingual settings. Existing law requires the department to issue a minimum of 5 grants to applicants through a competitive process and to allocate grant funding to eligible local educational agencies for purposes of providing professional development
services to teachers or paraprofessionals. Existing law requires grant recipients to report specified information related to the program to the department by January 1, 2021.
This bill would instead require grant recipients to provide a final report containing specified information related to the program to the department by January 1, 2022. The bill would also provide that the project performance period for the grant would be January 1, 2018, to June 30, 2021, inclusive.
(32) Existing law requires the State Board of Education to adopt a state master plan for services to migrant children. Existing law also requires the Superintendent of Public Instruction to take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which include establishing a statewide parent advisory council, as specified, to participate in the planning, operation, and
evaluation of the state migrant education program. Existing law requires the Superintendent to sponsor a biennial State Parent Advisory Council Conference. Existing law also authorizes the Superintendent to sponsor regional conferences to take the place of the state conference if the Superintendent determines that regional conferences will increase parent participation. Existing law requires the statewide parent advisory council to prepare and submit a report to the Legislature, the state board, the Superintendent, and the Governor regarding the status of the migrant education program every 3 years.
This bill would suspend all requirements for 2020 nominations and elections to parent advisory councils until September 1, 2020. The bill would require parent advisory councils and the State Parent Advisory Council to meet at least 3 times in the 2020 calendar year. The bill would provide that the Superintendent is not required to sponsor a biennial State Parent Advisory
Council Conference in the 2020 calendar year.
(33) Existing law requires each operating agency receiving federal Title I Migrant Education funding to conduct summer school programs for eligible migrant children in kindergarten and grades 1 to 12, inclusive. Existing law requires these summer school programs to be funded, to the extent that funds are available, by federal funds earmarked for migrant education programs, and to meet designated criteria, including minimum time requirements. Existing law also requires each school district, county office of education, and community college district, upon request, to make facilities available at cost for the operation of migrant summer school programs whenever they are available.
This bill would instead provide that school districts, county offices of education, and community college districts that have closed their facilities due to the COVID-19 pandemic are
not required to make facilities available for migrant summer school programs in the 2020 calendar year. The bill would authorize summer school programs required by these provisions to be offered through distance learning for the 2020 calendar year. The bill would waive the minimum minute requirements for the 2020 calendar year, but would encourage local educational agencies to offer the minimum instructional minute requirements to the extent practicable for the 2020 calendar year.
(34) Existing law requires a school district to submit to the Superintendent of Public Instruction a local plan for the education of all individuals with exceptional needs either on its own, in conjunction with one or more school districts, or with the county office of education, as specified. Existing law requires, commencing July 1, 2021, each local plan to include an annual assurances support plan, as provided.
This bill
would instead require each local plan to include an annual assurances support plan commencing July 1, 2023. The bill would prohibit, from July 1, 2020, to July 1, 2024, inclusive, a school district from submitting a local plan on its own. The bill would prohibit certain local plan requirements from being waived under existing law.
(35) Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program.
This bill would require the individualized education program for a pupil with exceptional needs to include a description of the means by which the individualized education program will be provided under emergency conditions, as specified, in which
instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 school days, as specified. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
(36) Existing law requires the State Department of Education to jointly convene with the State Department of Developmental Services and the State Department of Health Care Services one or more workgroups that include specified representatives for specified purposes, including improving the transition of 3-year-old children with disabilities from regional centers to local educational agencies. Existing law requires, on or before October 1, 2020, the workgroups to provide the chairs of the relevant policy committees and budget subcommittees of the Legislature and the Department of Finance with specified recommendations.
This bill would extend
the deadline by which those recommendations are required to be submitted from October 1, 2020, to October 1, 2021, inclusive, and would require the recommendations to be provided as part of a final report. The bill would require the workgroups, on or before October 1, 2020, to provide the chairs of the relevant policy committees and budget subcommittees of the Legislature and the Department of Finance with a progress report containing specified information.
(37) Existing law requires the Superintendent, commencing with the 2004–05 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act for purposes of educationally related mental health services, to allocate funds per unit of average daily attendance to special education local plan areas.
This bill would require the Superintendent, commencing with the 2020–21 fiscal year and each fiscal year
thereafter, to the extent there is an appropriation of federal funds or a General Fund appropriation in the annual Budget Act for purposes of educationally related mental health services or mental health-related services, respectively, to allocate funds to a special education local plan area per unit of average daily attendance reported for the special education local plan area for the 2019–20 fiscal year.
(38) Existing law provides for the calculation of apportionments to fund the provision of special education instruction and services for pupils who qualify for these programs. Existing law requires the Superintendent of Public Instruction to make specified calculations in each fiscal year to determine the amount of funding provided to each special education local plan area and to determine the statewide target amount of funding per unit of average daily attendance.
This bill would make those
provisions inoperative on July 1, 2020. The bill would instead require the Superintendent, for the 2020–21 fiscal year, to calculate the amount of funding per unit of average daily attendance for each special education local plan area as either $625 per unit of average daily attendance or the amount of funding per unit of average daily attendance the special education local plan area received in the 2019–20 fiscal year, whichever is greater. The bill would require the Superintendent, for the 2021–22 fiscal year and each fiscal year thereafter, to calculate the amount of funding per unit of average daily attendance for each special education local plan area as either $625 per unit of average daily attendance, as adjusted annually by a specified inflation factor, or the amount of funding per unit of average daily attendance the special education local plan area received in the 2019–20 fiscal year, whichever is greater. The bill would revise various other special education funding calculations and would make
related clarifying and conforming changes.
(39) Existing law requires the Superintendent, commencing with the 2004–05 fiscal year and each fiscal year thereafter, to make certain calculations for, and the State Department of Education to apportion certain amounts to, special education local plan areas, as provided, for children and youth residing in foster family homes, small family homes, foster family agencies, group homes, skilled nursing facilities, intermediate care facilities, and community care facilities. Existing law requires the department to calculate an out-of-home care funding amount for each special education local plan area, as provided, for each fiscal year. Existing law, for purposes of the out-of-home care funding amount for group homes, foster family homes, small family homes, and foster family agencies in the 2017–18, 2018–19, and 2019–20 fiscal years, requires the Superintendent to use the data received from the State
Department of Social Services that was used for the funding for the 2016–17 fiscal year.
This bill would require the Superintendent to also use the data that was used for the funding for the 2016–17 fiscal year for purposes of the out-of-home care funding amounts for the 2020–21 and 2021–22 fiscal years.
(40) Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to, among
other entities, special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 fiscal year, that the amounts of property tax revenue deemed allocated in the prior fiscal year to certain special districts be reduced by 35%, not to exceed 10% of a district’s total annual revenues for the 1989–90 fiscal year, as reported in a specified publication of the Controller. Existing law requires that the revenues that are not allocated to these special districts as a result of these reductions be transferred to the county Educational Revenue Augmentation Fund (ERAF) for allocation to school districts, community college districts, and the county office of education.
The bill would require the Controller to issue, on or before December 31, 2020, guidance to counties for implementation of allocating ERAF revenues, as provided. Commencing with the 2019–20 fiscal year, if
a county auditor-controller fails to allocate ERAF revenues in accordance with the guidance provided by the Controller, the bill would authorize the Controller to request a writ of mandate to require the county auditor-controller to immediately perform this duty, as provided.
(41) Existing law provides for various programs, responsibilities, services, and systems relating to childcare and childhood development that are administered by the State Department of Education and the Superintendent of Public Instruction, including, among other programs, alternative payment programs, CalWORKs Stage 2 and Stage 3 childcare, general childcare and development programs, migrant childcare and development programs, childcare for children with severe disabilities, Head Start programs, and specified grant programs.
This bill, effective July 1, 2021, would transfer those programs, responsibilities, services, and systems
from the State Department of Education and the Superintendent to the State Department of Social Services. The bill would vest the State Department of Social Services with all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of those programs, responsibilities, services, and systems and would authorize the department to enter into memoranda of understanding or interagency agreements or contracts with the California Health and Human Services Agency, its other departments and offices, the State Department of Education, and any other state agency, department, or office, as necessary to implement the transfer of those programs, responsibilities, services, and systems. The bill would provide that any law governing those transferred programs, responsibilities, services, or systems that refer to the State Department of Education or to the Superintendent would be construed to be to the State Department of Social Services. The bill would require the Governor to, on or before
July 1, 2021, establish the position of Deputy Director of Child Development within the State Department of Social Services, as an exempt position, to be appointed by the Governor, subject to confirmation by the Senate, and who holds office at the pleasure of the Governor.
(42) Existing law appropriates, for the 2017–18 fiscal year, $10,000,000 from the General Fund to the State Department of Social Services in order to provide additional services for refugee pupils and unaccompanied undocumented minors by allocating funding to school districts impacted by significant numbers of refugee pupils, other eligible populations served by the federal Office of Refugee Resettlement, and unaccompanied undocumented minors using a formula to be developed by the department based upon the refugee and unaccompanied undocumented minor arrivals in a school district during the preceding 60-month period for which the department has data.
This bill would, subject to an appropriation of funds for this purpose in the annual Budget Act, require the State Department of Social Services to administer the California Newcomer Education and Well-Being Program to similarly provide services for refugees, unaccompanied undocumented minors, and immigrant families, as those terms are defined, by allocating funding to school districts, as specified. The bill would also require the department to contract to conduct a formal evaluation of those provided services.
(43) The Budget Act of 2019 appropriates $15,746,000 to allocate to each school district maintaining a secondary school or county superintendent of schools that offers adult education classes for adults in correctional facilities, as provided.
This bill would reduce that appropriation by $9,765,000.
(44) The Budget Act of 2019 appropriates $913,446,000 for the support of local educational agencies participating in California state preschool programs, as provided.
This bill would reduce that appropriation by $110,388,000.
(45) The Budget Act of 2019 appropriates $517,572,000 for the support of non-local educational agencies participating in California state preschool programs, and specifies that $31,400,000 of that amount is available beginning April 1, 2021, to provide 10,000 additional full-day state preschool slots to non-local educational agencies.
This bill would reduce the appropriation to $486,172,000 and would remove the provision specifying that $31,400,000 is available beginning April 1, 2021, to provide 10,000 additional full-day state preschool slots to non-local educational agencies.
(46) Existing law requires the governing board of a school district to report to the Superintendent of Public Instruction during each fiscal year the average daily attendance of the school district for all full school months, and describes the period between July 1 and April 15, inclusive, as the “second period” report for the second principal apportionment. Existing law requires a county superintendent of schools to report the average daily attendance for the school and classes maintained by the county superintendent and the average daily attendance for the county school tuition fund.
For local educational agencies that comply with Executive Order No. N–26–20, existing law specifies that for purposes of attendance claimed for apportionment purposes pursuant to the provision described above, for the 2019–20 school year average daily attendance reported to the State Department of Education for the second
period and the annual period for local educational agencies only includes all full school months from July 1, 2019, to February 29, 2020, inclusive.
This bill would extend the latter provision to local educational agencies that are not subject to closure due to COVID-19. The bill, notwithstanding those provisions, would authorize local educational agencies to claim apportionment for extended school year services for pupils with disabilities offered through distance learning for the summer of 2020, as defined, if certain conditions are met, as provided.
(47) Existing law authorizes the governing board of a school district or community college district to lay off or terminate classified employees for, among other reasons, lack of work or lack of funds.
This bill, from July 1, 2020, to June 30, 2021, inclusive, would prohibit the governing board of a school
district, county office of education, community college district, or joint powers authority from terminating the services of laying off or releasing any permanent or probationary classified employees of the school district, county office of education, community college district, or joint powers authority because of a lack of funds or a lack of work, if the classified employees either who hold classifications in, or are assigned to positions in, nutrition, transportation, or custodial services.
(48) Existing law appropriates $100,000,000 from the General Fund to the
Superintendent of Public Instruction to be apportioned to certain local educational agencies on the basis of average daily attendance for purposes of purchasing personal protective equipment, or paying for supplies and labor related to cleaning schoolsites, or both.
This bill would revise the calculation of average daily attendance for certain local educational agencies, revise the minimum amount a local educational agency is required to receive, and expand the purposes for which the moneys may be spent.
(49) The After School Education and Safety Program Act of 2002, an initiative statute approved by the voters as Proposition 49 at the November 5, 2002, statewide general election, establishes the After School Education and Safety (ASES) Program under which participating public schools receive grants to operate before and after school programs serving pupils in kindergarten or any of grades 1 to 9,
inclusive. Under existing law, the ASES Program includes specified requirements relating to a program’s hours of operation and pupil-to-staff ratio. Existing law also specifies the funding rates for programs receiving grants and requires the State Department of Education to adjust the funding amount for a program based on its attendance, as provided.
Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program to create incentives for establishing after school enrichment programs to provide academic support and safe, constructive alternatives for high school pupils in the hours after the regular schoolday and to support college and career readiness. Existing law requires the department to adjust the funding amount for a program based on its attendance, as provided.
This bill would authorize the department, during the 2020–21 school year, to waive the
above-described provisions relating to an ASES program’s hours of operation and pupil-to-staff ratio, and to waive the required funding adjustments for the ASES and High School ASSETs programs. The bill would authorize the department, during the 2020–21 school year, to prorate the funding rates for programs receiving ASES grants operating for more than 3 hours per day, up to 6 hours per day.
(50) If the Superintendent of Public Instruction and the Director of Finance concur that repayment in the current fiscal year of $2,339,317 by the Guerneville Elementary School District for the 2018–19 fiscal year would constitute a severe financial hardship for that school district, the bill would authorize the Superintendent and the Director of Finance to establish a plan of equal annual payments over a period of up to 5 fiscal years, as provided.
(51) The Leroy F. Greene School Facilities
Act of 1998 establishes a program in which the State Allocation Board is required to provide state per-pupil funding for new construction and modernization of school facilities. The act requires the board to require applicant school districts that receive funding under the act to establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for ongoing and major maintenance of school buildings and to agree to deposit minimum amounts into the restricted account based on certain calculations. Existing law excludes certain moneys appropriated for the State Teachers’ Retirement System and the Public Employees’ Retirement System for the 2018–19 fiscal year from counting for purposes of those calculations.
This bill would expand that exclusion to include certain moneys appropriated for the State Teachers’ Retirement System and the Public Employees’ Retirement System regardless of fiscal year from counting for
purposes of those calculations.
(52) Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and charter school, to assess the English language development of each pupil in order to determine the level of proficiency. Existing law requires the procedures developed by the State Department of Education to determine whether to reclassify a pupil as proficient in English to use multiple criteria, including assessment of language proficiency using an objective assessment instrument, as specified. Regulations issued by the department govern the timing of the administration of this assessment.
This bill, notwithstanding these provisions, would authorize local educational agencies to administer the summative English proficiency assessment for purposes of reclassification at the beginning of the
2020–21 school year. The bill would require the results of these assessments to be used only for the purpose of determining a pupil’s reclassification from English learner to English proficient, and would require that they be completed by October 30, 2020.
(53) Existing law requires the State Department of Education to develop and maintain the California School Dashboard for publicly reporting local educational agency performance data.
This bill would prohibit the department from publishing the California School Dashboard in 2020 and from identifying a local educational agency during the 2020–21 school year for the technical assistance or intervention process based on the performance criteria used for the California School Dashboard.
(54) Existing law appropriates specified moneys to the State Department of Education in the 2018–19 fiscal
year for purposes of adult education classes for adults in correctional facilities and special education.
This bill would make those moneys available for encumbrance until November 30, 2021. By extending the period of time during which an existing appropriation may be encumbered, the bill would make an appropriation.
(55) This bill would appropriate $1,000,000 from the General Fund to the Superintendent of Public Instruction for allocation to the Southern California Regional Occupational Center for instructional and operating costs for the 2020–21 fiscal year, and would condition the receipt of this money on the Southern California Regional Occupational Center submitting an updated operational plan to the Department of Finance and the Legislative Analyst’s Office.
(56) This bill would appropriate $355,227,000 from the Federal Trust Fund,
$4,439,844,000 from the Coronavirus Relief Fund, and $539,926,000 from the General Fund to the Superintendent of Public Instruction for allocation in the 2020–21 fiscal year to eligible local educational agencies, as defined, in accordance with prescribed methodologies to be used for activities that directly support pupil academic achievement and mitigate learning loss related to COVID-19 school closures, as provided.
(57) This bill would appropriate $50,000,000 from the General Fund to the State Department of Education on a one-time basis to administer the Early Literacy Support Block Grant. The bill would require the department to award grants to local educational agencies with the 75 schools that have the highest percentage of pupils in grade 3 scoring at the lowest achievement standard level on the state summative assessment in English language arts and also meet other specified conditions. The bill would require a local educational agency
to conduct a root cause analysis and needs assessment, as provided, and to develop a literacy action plan to include, among other things, the local educational agency’s goals and actions to improve literacy instruction.
The bill would appropriate $3,000,000 from the General Fund to the department to establish an expert lead in literacy within the statewide system of support, as provided. The bill would require the expert lead in literacy to assist local educational agencies eligible for grants authorized by the Early Literacy Support Block Grant and to create professional learning networks to help build statewide capacity among local educational agencies in implementing effective literacy instruction and support programs.
(58) The Community Redevelopment Law authorized the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved
redevelopment agencies as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies. Existing law requires a successor agency to, among other things, continue to make payments due for enforceable obligations, remit unencumbered balances to the county auditor-controller for distribution, and dispose of assets, as directed.
This bill would, on or before June 30, 2021, appropriate an amount to be determined by the Director of Finance from the General Fund to the Superintendent of Public Instruction in augmentation of a certain item in the Budget Act of 2020. The bill would make these funds available only to the extent that revenues distributed to local educational agencies for special education programs from successor agencies are less than the estimated amount determined by the Director of Finance. The bill would require, on or
before June 30, 2021, the Director of Finance to determine if the revenues distributed to local educational agencies for special education programs from successor agencies exceed the estimated amount reflected in the Budget Act of 2020 and, if so, would require the Director of Finance to reduce the specified appropriation in the Budget Act of 2020 by the amount of that excess.
(59) This bill would appropriate $450,000 from the General Fund to the State Department of Education for the 2020–21 fiscal year to support the alignment and integration of online platforms supporting the California School Dashboard, the local control and accountability plan electronic template system, and the school accountability report card, as provided.
(60) This bill would appropriate $45,000,000 from the Federal Trust Fund (Elementary and Secondary School Emergency Relief Fund) to the Superintendent of
Public Instruction to establish and administer the California Community Schools Partnership Program to award grants on a competitive basis to selected school districts, county offices of education, and charter schools, excluding nonclassroom-based charter schools, to support and expand existing community schools, as specified.
(61) This bill would appropriate $112,231,000 in federal funding to the State Department of Education to reimburse local educational agencies for costs relating to the provision of school meals incurred as a result of the COVID-19 pandemic emergency in the 2019–20 and 2020–21 fiscal years. The bill would require the department, if other federal funding for child nutrition programs is made available for this purpose, to instead allocate the appropriated amount to local educational agencies for activities that directly support pupil academic achievement and mitigate learning loss related to COVID-19 school closures.
(62) This bill would require the department and the California Collaborative for Educational Excellence, with approval from the executive director of the State Board of Education, to designate by September 1, 2020, an applicant county office of education to administer the California Dyslexia Initiative, which the bill would establish. The bill would appropriate $4,000,000 from the General Fund to the Superintendent to allocate to the designated county office of education for the initiative.
(63) This bill would appropriate $4,248,000 from the General Fund to the department for the 2020–21 fiscal year for allocation to the Kern County superintendent of schools for the County Office Fiscal Crisis and Management Assistance Team for the Standardized Account Code Structure system replacement project.
(64) This bill would
appropriate $750,000 to the department for allocation to the Sacramento County superintendent of schools to develop, under the direction of the executive director of the State Board of Education, draft distance learning curriculum and instructional guidance for mathematics, English language arts, and English language development, as provided. The bill would require the state board to adopt the distance learning curriculum and instructional guidance by May 31, 2021.
(65) This bill would appropriate $60,000,000 from the General Fund to the department for the 2020–21 fiscal year for the Classified School Employee Summer Assistance Program, and would make these funds available for encumbrance until June 30, 2025.
(66) This bill would appropriate $200,000 from the General Fund to the State Department of Education for the 2020–21 fiscal year to support the Young People’s Task Force. The
bill would require the Superintendent of Public Instruction, in consultation with the President of the State Board of Education, or the president’s designee, to convene a Young People’s Task Force to develop guidance to promote culturally competent interactions between school resource officers and young people on school campuses, contingent on the later enactment of legislation during the 2019–20 Regular Session prescribing the duties of the task force.
(67) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above, except that
specified funding provided for school districts, county offices of education, and charter schools shall be used to directly offset certain of these mandated costs.
(68) Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(69) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.