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SB-34 Libraries: student success cards.(2021-2022)

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Date Published: 04/15/2021 09:00 PM
SB34:v96#DOCUMENT

Amended  IN  Senate  April 15, 2021
Amended  IN  Senate  April 06, 2021
Amended  IN  Senate  February 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 34


Introduced by Senator Umberg

December 07, 2020


An act to add Chapter 4.7 (commencing with Section 18885) to Part 11 of Division 1 of Title 1 of the Education Code, relating to libraries, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 34, as amended, Umberg. Libraries: student success cards.
(1) Existing law authorizes a library district to be organized and authorizes the library district to establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature. Existing law authorizes a library district to include incorporated or unincorporated territory, or both, in any one or more counties, as provided. Existing law establishes in the State Department of Education a division known as the California State Library.
This bill would require a local educational agency, as defined, and would authorize multiple local educational agencies within a single county, to enter into a memorandum of agreement or memorandum of understanding, as specified, with the appropriate library district or public library to collaborate and connect the State Department of Education to develop and implement a competitive grant program to award one-time funding to local educational agencies, as defined, library districts, and public libraries for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card. The bill would require a local educational agency, library district, or public library that applies for grant funding to enter into a memorandum of agreement or memorandum of understanding, as specified, with the appropriate local educational agency, library district, or public library. The bill would authorize multiple local educational agencies within a single county to enter into a memorandum of agreement or memorandum of understanding, as specified. The bill would require a memorandum of agreement or memorandum of understanding to include specified elements and would authorize and to be effective for 5 years, after which the memorandum of agreement or memorandum of understanding to may be renewed. The bill would require the California State Library to make available sample language for memorandums of agreement or memorandums of understanding that may be used by local educational agencies, library districts, and public libraries. The bill, on or before January 1, 2028, would require a library district or public library, library that received grant funding, after the expiration of each initial memorandum of agreement or memorandum of understanding, to report specified statistics to the California State Library and the Legislature, including, among other statistics, any increase in the use of library books or eBooks during the initial period. By imposing new duties on local educational agencies, library districts, and public libraries, the bill would impose a state-mandated local program. The bill would make implementation of the grant program contingent upon an appropriation in the annual Budget Act or other statute for these purposes.

(2)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.

(3)

(2) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The mission of public libraries in California is to provide free and easy access to information, ideas, books, and technology that can help to enrich, educate, and empower the lives of all individuals.
(b) The mission of public schools in California is to provide pupils with an education in a safe, caring environment and for every pupil to be college prepared and career ready.
(c) Teacher librarians are the backbone of literacy in California, yet only 9 percent of schools have prioritized funding to maintain a full-time teacher librarian position as a resource to both teachers and pupils. Teacher librarians play a pivotal role in empowering and guiding pupils to use educational resources and become critical thinkers and competent researchers.
(d) President Barack Obama’s 2013 ConnectED initiative strives to enrich the education and opportunities of every pupil in kindergarten and grades 1 to 12, inclusive, through partnerships and cooperation.
(e) In April 2015, the White House launched the ConnectED Library Challenge, in which libraries and schools are encouraged to build partnerships to ensure that every child receives a library card.
(f) In 2016, the Los Angeles Unified School District entered into a memorandum of agreement with the City of Los Angeles’ Board of Library Commissioners to provide every pupil with a student success card.
(g) The Los Angeles Unified School District is composed of more than 800,000 pupils and is the second largest school district in the nation.

SEC. 2.

 Chapter 4.7 (commencing with Section 18885) is added to Part 11 of Division 1 of Title 1 of the Education Code, to read:
CHAPTER  4.7. California Student Success Cards

18885.
 For purposes of this chapter, “local educational agency” means a school district, county office of education, or charter school.

18886.

(a)(1)A local educational agency shall enter into a memorandum of agreement or memorandum of understanding with the appropriate library district or public library to collaborate and connect for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card. Multiple local educational agencies within a single county may join together in a single memorandum of agreement or memorandum of understanding with the appropriate library district or public library.

18886.
 (a) The State Department of Education shall develop and implement a competitive grant program, upon appropriation by the Legislature, to award one-time grant funding to local educational agencies, library districts, and public libraries for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card.
(1) A local educational agency, library district, or public library that applies for grant funding under this chapter shall enter into a memorandum of agreement or memorandum of understanding with the appropriate local educational agency, library district, or public library before applying for grant funding. The memorandum of agreement or memorandum of understanding may become operative upon the receipt of grant funding from the department. Multiple local educational agencies within a single county may enter into a single memorandum of agreement or memorandum of understanding with the appropriate library district or public library.
(2) (A) A memorandum of agreement or memorandum of understanding shall be effective for five years and may be renewed by the local educational agency and library district or public library.
(B) A memorandum of agreement or memorandum of understanding may be reviewed annually by both parties to incorporate suggestions and lessons learned.
(C) If a memorandum of agreement or memorandum of understanding is not renewed, then upon that nonrenewal the local educational agency, library district, or public library shall communicate with pupils within 60 days regarding how a pupil may continue to use a student success card in the absence of an active memorandum of agreement or memorandum of understanding.
(3) A student success card issued to a pupil pursuant to the memorandum of agreement or memorandum of understanding shall use the pupil’s school-issued identification number, or, if the local educational agency and the library district or public library determine it is necessary and agree to its use, the pupil’s statewide student identifier as the pupil’s library account number.
(b) The local educational agency, library district, or public library that receives grant funding under this chapter shall, and more than one of those entities may, print and disseminate information to pupils and families at the beginning of each school year about the resources available through a student success card and how a parent or guardian may opt out pursuant to subdivision (c).
(c) A parent or guardian may opt their pupil out of a student success card.
(d) A local educational agency with a similar memorandum of agreement or memorandum of understanding in existence as of the effective date of the act adding this section, with a public library, library district, or similar library authority may retain and continue to operate under that memorandum of agreement or memorandum of understanding and is exempt from this chapter. not required to enter into a new memorandum of agreement or memorandum of understanding to be eligible for grant funding under this chapter.

18887.
 A memorandum of agreement or memorandum of understanding shall include, but is not limited to, all of the following:
(a) Provisions ensuring the privacy of pupil information, consistent with applicable state and federal law.
(b) A stipulation for training opportunities for local educational agency teachers by library staff and for a sufficient time allotted for library staff to visit schools to educate pupils and to build and strengthen local partnerships.
(c) A provision allowing the replacement of lost, stolen, or damaged student success cards at no cost to pupils.
(d) Provisions for the role of teacher librarians credentialed pursuant to Section 44269.
(e) A provision for how long the memorandum of agreement or memorandum of understanding shall be in place, including a recommendation that the duration of memorandums of agreement or memorandums of understanding be five years. place.
(f) A provision for how the costs will be covered. detailing the anticipated costs for the duration of the memorandum of agreement or memorandum of understanding.
(g) A provision detailing how the funding would be shared between the two entities.

18888.
 A memorandum of agreement or memorandum of understanding may include, but is not limited to, any of the following:
(a) A provision allowing pupils access to all or some library resources, which may include, but are not limited to, research and homework databases, web-based live homework help, learning resources, downloadable eBooks, audiobooks, music and magazines, video streaming, or tools or technology lending.
(b) A provision limiting the total number of borrowed physical materials to a specified number at a given time.
(c) A policy for assessing overdue fines for materials checked out with a student success card.
(d) A provision to provide a brief annual presentation by library staff at an all-school assembly or parent meeting to educate parents and guardians about the resources available at public libraries.

18889.
 The California State Library shall make available sample language for memorandums of agreement or memorandums of understanding that may be used by local educational agencies, library districts, and public libraries pursuant to this chapter.

18890.
 On or before January 1, 2028, after the expiration of each initial memorandum of agreement or memorandum of understanding, a library district or public library that receives grant funding under this chapter shall report, in compliance with Section 9795 of the Government Code, to the California State Library and the Legislature the following statistics:
(a) The increase in the number of student success cards issued from the beginning of the initial memorandum of agreement or memorandum of understanding period to the end of the initial memorandum of agreement or memorandum of understanding period.
(b) Any increase in the use of library books or eBooks during the initial memorandum of agreement or memorandum of understanding period.
(c) Any measurable increases to the use of other library resources during the initial memorandum of agreement or memorandum of understanding period.

18891.
 Nothing in this chapter usurps school or county office of education library positions, programs, or funding.

18892.
 The implementation of the grant program is contingent upon an appropriation in the annual Budget Act or other statute for purposes of this chapter.

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.

SEC. 4.SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to enhance and facilitate distance learning by California’s pupils during the current and possibly future coronavirus-related quarantines, it is necessary that this act take effect immediately.