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AB-1777 Migrant education: extended school year program: average daily attendance.(2021-2022)

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Date Published: 09/26/2022 10:00 AM
AB1777:v95#DOCUMENT

Assembly Bill No. 1777
CHAPTER 483

An act to add Section 41601.6 to the Education Code, relating to migrant education.

[ Approved by Governor  September 23, 2022. Filed with Secretary of State  September 23, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1777, Aguiar-Curry. Migrant education: extended school year program: average daily attendance.
Existing law requires the State Board of Education to adopt a state master plan for services to migrant children. Under existing law, with the concurrence of a child’s parent, a child who has been identified as a “migrant child” may be deemed a migrant child for a period, not in excess of 3 years, during which the child resides in an area where programs are provided for migrant children. 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, that includes average daily attendance as a component of that calculation.
This bill, commencing on January 1, 2024, would authorize up to 2 local educational agencies to provide an extended school year program, as defined, to migratory pupils who, due to family agricultural migratory movement, enroll in kindergarten, including transitional kindergarten, or any of grades 1 to 6, inclusive, on or after March 1 of the school year and depart on or before December 1 of the next school year, and would authorize average daily attendance funding for those pupils if certain requirements are met, as provided. The bill would require a local educational agency operating the program to annually report to the State Department of Education information on the program, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Children of migrant agricultural workers are those who frequently travel with their parents and families in order to follow seasonal work within the agricultural, dairy, lumber, and fishing industries.
(2) The State of California has the highest number of migrant pupils within the United States. According to the State Department of Education, one out of three migrant pupils who live in the United States live in the state. As of the 2017–18 school year, there were 81,815 migrant pupils, and migrant pupils made up over one-half of the population of English learners.
(3) In 2016–17, 74 percent of migrant pupils scored as not meeting standards in English language arts compared to 53 percent of the general population, and 81 percent of migrant pupils were not meeting standards in mathematics, compared to 62 percent for all pupils, on state assessments.
(4) This achievement gap is in part due to lost instructional time. Migrant pupils enroll in school during times that do not coincide with a traditional school year, with a high number of them arriving in the spring and summer and leaving early in the school year. Consequently, this causes migrant pupils to miss critical classroom time, which can contribute negatively to the overall success of the pupil or cause the pupil to drop out of school completely.
(5) Migrant pupils attend various local educational agencies throughout the state that participate in the federally funded Migrant Education Program (MEP). The MEP includes summer school programs that contain coursework, which build on and are consistent with the curriculum offered during the regular school year. While these services are supportive of migrant pupils, they cannot fully mitigate the loss of instructional time these pupils experience during the traditional school year.
(6) For the migrant pupil population, having access to equitable education that is as academically rigorous and comprehensive as that of other pupils is key to their academic success and future socioeconomic mobility.
(b) Therefore, it is the intent of the Legislature in enacting this act to provide funding for a full-time school program, offered during the months when migrant pupils reside in a community that would address the schedule and unique needs of migrant children.

SEC. 2.

 Section 41601.6 is added to the Education Code, to read:

41601.6.
 (a) For purposes of this section, the following definitions apply:
(1) “Extended school year” means the period of time between the end of one school year and the beginning of the next school year.
(2) “Local educational agency” means a school district or county office of education.
(3) “Migratory pupil” has the same meaning as “currently migratory child” as defined in subdivision (a) of Section 54441.
(4) “School year” means that portion of the school year during which the regular school year is maintained, which must include not less than the number of days required to entitle the school district or county office of education to apportionments of state funds.
(b) (1) Commencing on January 1, 2024, to mitigate lost instruction time due to family movement related to migratory agricultural employment, up to two local educational agencies may request authorization from the department to provide an extended school year program to migratory pupils who, due to that family movement, enroll in kindergarten, including transitional kindergarten, or any of grades 1 to 6, inclusive, on or after March 1 of the school year and depart on or before December 1 of the next school year.
(2) If more than two local educational agencies request authorization pursuant to paragraph (1), the department shall establish a process to determine the two local educational agencies that will be authorized based on the ability of each local educational agency to provide a high-quality extended school year program consistent with this section.
(c) (1) Subject to paragraph (2), a local educational agency authorized to provide an extended school year program pursuant to paragraph (1) of subdivision (b) may receive average daily attendance funding as specified in Section 46300 for those migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b) who are enrolled in the program. Average daily attendance shall also be available from P-2 through June 30 for qualifying migratory pupils. The local educational agency shall report to the department the average daily attendance attributable to those migratory pupils in the school year in which the extended school year program ends.
(2) To receive funding pursuant to paragraph (1), the local educational agency shall meet all of the following conditions:
(A) Enrollment for the extended school year program is limited to migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b).
(B) The days of attendance for the extended school year program are the same length of time as the schoolday for pupils of the same grade level attending summer school in the local educational agency in which the extended school year program is provided, but not less than the minimum schoolday for that grade level.
(C) The extended school year program is comparable in standards, scope, and quality to the school year program offered during the regular school year.
(D) Instruction for the extended school year program is conducted in-person and is not independent study as specified in Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4.
(3) In addition to the funding described in paragraph (1), the local educational agency may supplement the extended school year program with funding appropriated for migrant children summer school programs pursuant to Section 54444.3 to offer additional days or hours of instruction, if the requirements for the migrant children summer school program are met.
(d) Local educational agencies may enter into memoranda of understanding for the purpose of transferring funds generated by the attendance of migratory pupils in multiple school districts to a local educational agency operating a program described in paragraph (1) of subdivision (b).
(e) A local educational agency operating a program described in paragraph (1) of subdivision (b) shall annually report to the department, in a form and manner specified by the department, all of the following:
(1) The characteristics of pupils enrolled in the program.
(2) Academic and other support services provided through the program.
(3) Academic and other outcomes for pupils enrolled in the program.
(4) The financing for the program, including any other local, state, federal, or nongovernmental funding sources used.