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SB-3 Education finance: local control and accountability plan portal.(2021-2022)

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Date Published: 04/27/2021 09:00 PM
SB3:v98#DOCUMENT

Amended  IN  Senate  April 27, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 3


Introduced by Senators Senator Caballero and Bradford
(Principal coauthor: Assembly Member Quirk-Silva)

December 07, 2020


An act to amend Section 1179.02 of the Code of Civil Procedure, relating to COVID-19 relief. An act to add Section 42238.08 to the Education Code, relating to education finance.


LEGISLATIVE COUNSEL'S DIGEST


SB 3, as amended, Caballero. Tenancy: COVID-19 Education finance: local control and accountability plan portal.
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 pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the county superintendent of schools, school district, or charter school. Existing law requires the State Board of Education to adopt regulations that govern the expenditure of funds apportioned pursuant to the supplemental and concentration grant add-ons. Existing law requires the governing board of each local educational agency, as defined, to adopt and annually update a local control and accountability plan, as specified. Existing law appropriates $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.
This bill would require the State Department of Education to develop, on or before January 1, 2022, a local control and accountability plan portal that will allow comprehensive analysis by policymakers of actions, expenditures, and progress on metrics included within local control and accountability plans adopted by local educational agencies. The bill would require the portal to include a tracking mechanism for school districts, county offices of education, and charter schools to use to report the types of services on which they spend their supplemental and concentration grant funds. Commencing July 1, 2022, the bill would require each local educational agency, as a condition of receiving supplemental and concentration grant funds, to annually report to the department the types of services on which it spends its supplemental and concentration grant funds using the portal developed by the department. The bill would require the department to make corresponding changes to the Local Control and Accountability Plan Electronic Template System, as specified. By imposing additional duties 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.

Existing law, the COVID-19 Tenant Relief Act of 2020, establishes certain procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law defines COVID-19 rental debt as unpaid rent or any other unpaid financial obligation of a tenant that came due during the covered time period, defined as the period between March 1, 2020, and January 31, 2021. The act also requires a notice that demands payment of rent that came due during the transition time period, defined as the period between September 30, 2020, and January 31, 2021, to comply with additional specified requirements.

This bill would extend the covered time period and transition time period for purposes of the act to March 31, 2021.

Under the act, a tenant may not be deemed in default with regard to COVID-19 rental debt for purposes of an unlawful detainer action if the tenant delivers a declaration of COVID-19-related financial distress, signed under penalty of perjury, to the landlord.

Because the bill would extend the covered time period and thereby expand the time period a tenant may deliver a declaration of COVID-19-related financial distress, the bill would impose a state-mandated local program by expanding the crime of perjury.

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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The California State Auditor found that the state’s approach to the local control funding formula has not ensured that funding benefits intended pupil groups and closes achievement gaps.
(b) The California State Auditor found that school districts do not always include clear information in their local control and accountability plans regarding their use of supplemental and concentration grant funds.
(c) The California State Auditor found that policymakers and stakeholders lack adequate information to assess the impact of supplemental and concentration grant funds on the educational outcomes of the intended pupil groups.
(d) The California system of support is focused on helping local educational agencies tap into rich resources so they can develop the skills and knowledge educators need to improve pupil learning. To better meet the needs of all pupils, particularly historically marginalized pupils, local educational agencies need support to share best practices to solve similar challenges.
(e) A system of local planning and accountability relies on local stakeholders having access to relevant, meaningful, and comparable information about goals, actions, services, expenditures, and outcomes.
(f) The State is providing almost $10 billion annually in supplemental and concentration grant funds without an understanding of how those funds are being used and if they are benefiting the targeted pupils.
(g) Chapter 24 of the Statutes of 2020 appropriated $450,000 to the State Department of Education, in partnership with the San Joaquin County Office of Education, for several projects to enhance information about education funding and outcomes, including collecting public input and beginning the development of a Local Control and Accountability Plan Electronic Template System to collect data from local educational agencies’ local control and accountability plans in a systematic way.
(h) A well-designed local control and accountability plan portal would benefit the system of continuous improvement by allowing local educational agencies to learn about what types of actions other local educational agencies are implementing to address specific goals.
(i) A well-designed local control and accountability plan portal will provide information to local stakeholders about the use of supplemental and concentration grant funds.
(j) A well-designed local control and accountability plan portal will allow for state oversight of the use of supplemental and concentration grant funds, including oversight of any carryover funding.

SEC. 2.

 Section 42238.08 is added to the Education Code, to read:

42238.08.
 (a) (1) On or before January 1, 2022, the department shall develop a local control and accountability plan portal that contains a database connected to a data entry tool that will allow comprehensive analysis by policymakers of actions, expenditures, and progress on metrics included within local control and accountability plans adopted by local educational agencies.
(2) The design of the portal shall take into consideration the input provided during the public input process funded by Section 116 of Chapter 24 of the Statutes of 2020 and include opportunities to display or create reports based on information collected through the portal.
(3) The portal shall include a tracking mechanism for local educational agencies to use to report the types of services on which they spend their supplemental and concentration grant funds.
(b) Commencing July 1, 2022, as a condition of receiving local control funding formula supplemental and concentration grant funds, each local educational agency shall annually report to the department the types of services on which it spends its supplemental and concentration grant funds using the local control and accountability plan portal developed pursuant to subdivision (a).
(c) To the extent necessary to implement subdivision (b), the department shall make corresponding changes to the Local Control and Accountability Plan Electronic Template System to support the collection of data through the local control and accountability plan portal and shall work with stakeholders to develop a list of common uses of supplemental and concentration grant funds to help to simplify and standardize the reporting and tracking mechanism.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, or a charter school.

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.
SECTION 1.Section 1179.02 of the Code of Civil Procedure is amended to read:
1179.02.

For purposes of this chapter:

(a)“Covered time period” means the time period between March 1, 2020, and March 31, 2021.

(b)“COVID-19-related financial distress” means any of the following:

(1)Loss of income caused by the COVID-19 pandemic.

(2)Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.

(3)Increased expenses directly related to the health impact of the COVID-19 pandemic.

(4)Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit a tenant’s ability to earn income.

(5)Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.

(6)Other circumstances related to the COVID-19 pandemic that have reduced a tenant’s income or increased a tenant’s expenses.

(c)“COVID-19 rental debt” means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.

(d)“Declaration of COVID-19-related financial distress” means the following written statement:

I am currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the following:

1. Loss of income caused by the COVID-19 pandemic.

2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.

3. Increased expenses directly related to health impacts of the COVID-19 pandemic.

4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income.

5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.

6. Other circumstances related to the COVID-19 pandemic that have reduced my income or increased my expenses.

Any public assistance, including unemployment insurance, pandemic unemployment assistance, state disability insurance (SDI), or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of income and/or increased expenses.

Signed under penalty of perjury:

Dated:

(e)“Landlord” includes all of the following or the agent of any of the following:

(1)An owner of residential real property.

(2)An owner of a residential rental unit.

(3)An owner of a mobilehome park.

(4)An owner of a mobilehome park space or lot.

(f)“Protected time period” means the time period between March 1, 2020, and August 31, 2020.

(g)“Rental payment” means rent or any other financial obligation of a tenant under the tenancy.

(h)“Tenant” means any natural person who hires real property except any of the following:

(1)Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.

(2)Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.

(i)“Transition time period” means the time period between September 1, 2020, and March 31, 2021.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.