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SB-1214 School accountability: local control funding formula: expenditures.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
SB1214:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1214


Introduced by Senator Portantino

February 20, 2020


An act to amend Sections 42238.07 and 52060 of the Education Code, relating to school accountability.


LEGISLATIVE COUNSEL'S DIGEST


SB 1214, as introduced, Portantino. School accountability: local control funding formula: expenditures.
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 funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of unduplicated pupils, defined as pupils who are English learners, foster youth, or eligible for free or reduced-price meals, served by the county superintendent of schools, school district, or charter school. Existing law requires the State Board of Education to adopt regulations, on or before January 31, 2014, that govern the expenditure of funds apportioned pursuant to the supplemental and concentration grant add-ons.
This bill would require the state board to update those regulations on or before March 31, 2021. The bill would require the regulations to authorize local educational agencies to use funds apportioned on the basis of the number of unduplicated pupils in a manner that is no more restrictive than the requirements of the federal Every Student Succeeds Act for local educational agencies meeting certain criteria, and no more flexible than the requirements of the federal Every Student Succeeds Act for local educational agencies that do not meet those criteria.
Existing law requires the governing board of each school district to adopt a local control and accountability plan using a template adopted by the state board. Existing law requires the local control and accountability plan to include a description of the annual goals to be achieved for each of certain state priorities, including the degree to which teachers are appropriately assigned and fully credentialed, every pupil has sufficient access to the standards-aligned instructional materials, and school facilities are maintained in good repair.
This bill would also include as part of that state priority the degree to which all schools offering grades 9 to 12, inclusive, offer sufficient courses for all capable pupils to complete a course of study to meet the admission requirements of the University of California and the California State University.
To the extent the bill imposes additional requirements on local educational agencies, the bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 42238.07 of the Education Code is amended to read:

42238.07.
 (a) On or before January 31, 2014, March 31, 2021, the state board shall adopt update the regulations that govern the expenditure of funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Sections 2574, 2575, 42238.02, and 42238.03. The regulations shall include, but are not limited to, provisions that do all of the following:
(1) Require a school district, county office of education, or charter school to increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils in the school district, county office of education, or charter school.
(2) (A) Authorize a school district, county office of education, or charter school to use funds apportioned on the basis of the number of unduplicated pupils for schoolwide purposes, or, for school districts, districtwide purposes, for county offices of education, countywide purposes, or for charter schools, charterwide purposes, in a manner that is no is consistent with both of the following:
(i) No more restrictive than the restrictions provided for in Part A of Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et seq.). Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, for a local educational agency that has the highest or second highest rating in all California School Dashboard categories and meets annual pupil demand for courses, including laboratory courses, to complete a course of study to meet the “A-G” admission requirements of the University of California and the California State University in all schools offering grades 9 to 12, inclusive.
(ii) No more flexible than the restrictions provided for in Part A of Title I of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, for local educational agencies that meet either of the following criteria:
(I) The local educational agency does not have the highest or second highest rating in all California School Dashboard categories.
(II) The local educational agency does not meet annual pupil demand for courses, including laboratory courses, to complete a course of study to meet the “A-G” admission requirements of the University of California and the California State University in all schools offering grades 9 to 12, inclusive.
(B) Costs incurred by a local educational agency to comply with this paragraph and related regulations promulgated by the state board for schoolwide, districtwide, countywide, and charter school flexibility are the result of voluntary actions by a local educational agency and are not subject to mandatory reimbursement by the state.
(3) Establish common codes through the Standardized Account Code Structure so at a minimum all policymakers, stakeholders, parents, and the general public can readily distinguish the receipt and expenditure of local control funding formula base grant, supplemental grant, and concentration grant funding in the year received, the identity of unspent funds temporarily returned to reserves by type, and the identity of funds reallocated in subsequent years by type.
(4) Provide that beginning with the 2021–22 school year, the discretion for a local educational agency to exercise the flexibility described in paragraph (2) is contingent upon the use of the Standardized Account Code Structure codes adopted pursuant to paragraph (3) in the local educational agency’s local control and accountability plan and the annual updates to the plan.
(b) The state board may adopt emergency regulations for purposes of this section.
(c) The Legislature finds and declares both of the following:
(1) All pupils that have demonstrated a prerequisite capability, including all such unduplicated pupils, are entitled to access appropriate courses to meet the “A-G” admission requirements of the University of California and the California State University.
(2) Local control funding formula supplemental and concentration grants are intended to support services for the benefit of unduplicated pupils. Transparency in the receipt and use of these grants is necessary to ensure any use of authority for flexible programming actually benefits unduplicated pupils.

SEC. 2.

 Section 52060 of the Education Code is amended to read:

52060.
 (a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board.
(b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year.
(c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the information specified in the template adopted by the state board pursuant to Section 52064.
(d) All of the following are state priorities for purposes of a school district’s local control and accountability plan:
(1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. 17002, and all schools in the school district offering grades 9 to 12, inclusive, offer sufficient courses, including laboratory courses, for all pupils with evidence of prerequisite capability to complete a course of study to meet the “A-G” admission requirements of the University of California and the California State University.
(2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or former Section 60811.4, as that section read on June 30, 2016, for purposes of gaining academic content knowledge and English language proficiency.
(3) (A) Parental involvement and family engagement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs.
(B) Family engagement may include, but need not be limited to, efforts by the school district and each individual schoolsite to apply research-based practices, such as welcoming all families into the school community, engaging in effective two-way communication, supporting pupil success, and empowering families to advocate for equity and access. Family engagement may include, but need not be limited to, treating families as partners to inform, influence, and create practices and programs that support pupil success and collaboration with families and the broader community, expand pupil learning opportunities and community services, and promote civic participation.
(4) Pupil achievement, as measured by all of the following, as applicable:
(A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board.
(B) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University.
(C) The percentage of pupils who have successfully completed courses that satisfy the requirements for career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of pupils who have successfully completed both types of courses described in subparagraphs (B) and (C).
(E) The percentage of English learner pupils who make progress toward English proficiency as measured by the English Language Proficiency Assessments for California or any subsequent assessment of English proficiency, as certified by the state board.
(F) The English learner reclassification rate.
(G) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(H) The percentage of pupils who demonstrate college preparedness pursuant to the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(5) Pupil engagement, as measured by all of the following, as applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.
(e) For purposes of the descriptions required by subdivision (b) of Section 52064, the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5.
(g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals.

SEC. 3.

 If the Commission on State Mandates determines that this act contains 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.