Bill Text: CA AB176 | 2023-2024 | Regular Session | Amended

California Assembly Bill 176 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Education finance: education omnibus trailer bill.

Spectrum: Committee Bill

Status: (Passed) 2024-09-30 - Chaptered by Secretary of State - Chapter 998, Statutes of 2024. [AB176 Detail]

Download: California-2023-AB176-Amended.html

Amended IN Senate August 24, 2024

Amended IN Assembly February 01, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 176

Introduced by Committee on Budget (Assembly Members ~~Ting~~ Gabriel (Chair), Alvarez, ~~Arambula,~~ Bennett, Bonta, ~~Wendy Carrillo, Cervantes,~~ Connolly, Mike Fong, ~~Friedman, Garcia, Hart,~~ Jackson, ~~Jones-Sawyer,~~ Lee, McCarty, Muratsuchi, Ortega, Petrie-Norris, Quirk-Silva, Ramos, ~~Reyes, Luz Rivas, Blanca Rubio, Wicks, and Wood)~~ Valencia, Ward, Weber, Wilson, and Zbur)

January 09, 2023

~~An act relating to the Budget Act of 2023.~~ An act to amend Sections 8207.1, 8210, 8211, 8231, 8320, 32282, 41601, 42238.01, 42252, 46010, 46120, 46211, 46393, 48648, 51747.5, 51749.5, 66026.5, 69617, 78071, 78221, 78222, 78261, 84917, 87482, 88650, 88826, and 88826.5 of, to amend, repeal, and add Section 8217 of, and to repeal Section 71096 of, the Education Code, to amend, repeal, and add Sections 1596.809 and 13235 of, the Health and Safety Code, to amend Section 20662 of the Public Contract Code, to amend Section 10227.6 of the Welfare and Institutions Code, and to amend Section 110 of Chapter 38 of the Statutes of 2024, relating to education finance, and making an appropriation therefor, to take effect immediately, bill related to the budget.

LEGISLATIVE COUNSEL'S DIGEST

AB 176, as amended, Committee on Budget. ~~Budget Act of 2023.~~ Education finance: education omnibus trailer bill.

(1) The Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the Superintendent to adopt rules and regulations pursuant to the act. The act, until July 1, 2027, authorizes a California state preschool contractor operating a part-day, full-day, or both part- and full-day California state preschool program to enroll interested eligible 2-year-old children, as defined. The act, on or after July 1, 2027, prohibits a contractor from serving any 2-year-old children, unless the contractor was serving those 2-year-old children before July 1, 2027, as provided. The act requires the Superintendent to develop guidance for contractors to follow when enrolling 2-year-old children. The act requires each applicant or contracting agency to give priority for services for part-day and full-day California state preschool programs according to a specified priority order.
This bill would, until July 1, 2027, revise and recast the priority order for 2-year-old children, as specified. The bill would, until July 1, 2027, require the Superintendent’s guidance to be developed in consultation with the State Department of Social Services and include guidance for safe, age-appropriate diapering and toilet training, as specified. The bill would authorize the State Department of Education, for purposes of expediting the implementation of state or federal legislation to expand preschool services, to use an alternative application process and waive certain regulations.
The act authorizes a provider operating a state preschool program within the attendance boundary of certain public schools where at least 80% of enrolled pupils are eligible for free or reduced-price meals to enroll 3-year-old and 4-year-old children in accordance with the above-described enrollment priorities.
This bill would, until July 1, 2027, additionally authorize those providers to enroll 2-year-old children, as specified.
(2) The act establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children, as provided. The act requires the Superintendent to develop and administer a grant process and award grant funds to each county that applies for funding, as provided. To the extent funds are available in the annual Budget Act for the 2023–24 and 2024–25 fiscal years, the act requires existing grantees, newly formed consortia of current grantees, or individual counties who participated as a grantee in a former consortium for this grant to be eligible to apply for a renewal grant under the program.
This bill would instead, to the extent funds are available in the Budget Act of 2023, only make existing grantees eligible to apply for a renewal grant under the program. The bill would, to the extent funds are available in the Budget Act of 2024, make existing grantees, newly formed consortia, and individual counties who participated in a former consortium for this grant eligible to apply for a grant under the program, except as provided.
(3) Existing law requires each school district and county office of education to develop a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the school safety plan to include, beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency. Existing law authorizes the instructional continuity plan to include support to pupils and families to enroll in or be temporarily reassigned to another local educational agency outside of the school district in which the pupil’s parent or guardian resides.
This bill would instead authorize the instructional continuity plan to include support to pupils and families to enroll in or be temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupil’s parent or guardian resides.
(4) Existing law requires the governing board of a school district to report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months, as provided. Existing law requires the average daily attendance to be determined by dividing the total number of days of attendance allowed in all full school months by the number of days the schools are actually taught in all full school months, excluding Saturdays or Sundays and excluding weekend makeup classes.
This bill would also exclude from those calculations attendance generated through an attendance recovery program.
(5) 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 those 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, as specified.
Existing law defines “eligible for free or reduced-price meals” for these purposes to mean a pupil who is determined to meet federal income eligibility criteria, either through completing an application for the federal National School Lunch Program or through an alternative household income data collection form, or who is deemed to be categorically eligible for free or reduced-price meals under the federal National School Lunch Program, as provided. Existing law authorizes a school participating in a special assistance alternative authorized by federal law to establish a base year for purposes of the local control funding formula, as specified, and authorizes a school, between base year eligibility determinations, to include (A) any newly enrolled pupils who are determined to be eligible for free or reduced-price meals or (B) any current pupils found to be newly eligible for free or reduced-price meals, as identified through a local or state direct certification match or another categorical designation.
This bill would authorize a school, between base year eligibility determinations, to instead include any current or newly enrolled pupils who are determined to be eligible for free or reduced-price meals.
(6) Existing law, among other things, appropriates various amounts, as specified, from the Public School System Stabilization Account for the support of school districts, but requires the Controller to first transfer those amounts to Section A of the State School Fund.
This bill would revise the list of appropriations that the Controller is required to first transfer to Section A of the State School Fund, as provided.
(7) Existing law establishes the Expanded Learning Opportunities Program and requires local educational agencies, as a condition of receipt of certain funds under the program, to offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Existing law requires the Superintendent of Public Instruction to allocate program funding in a specified manner, and requires those funds to be used to support pupil access to expanded learning opportunity programs. Existing law requires an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit as of June 1, 2023, to maintain that license or permit capacity until June 30, 2024.
This bill would extend the requirement to maintain that license or permit capacity by one year to June 30, 2025. The bill would also require a local educational agency that receives specified funds under the program to report final expenditures to the State Department of Education and would require a local educational agency that does not submit the final expenditure report to forfeit program funds for that fiscal year, as provided.
(8) Existing law authorizes a local educational agency, beginning July 1, 2025, to implement attendance recovery programs for pupils to make up lost instructional time and offset absences, as specified. Existing law requires the attendance generated in an attendance recovery program to be applied to the schoolday in which the pupil was absent for the purposes of generating attendance. Existing law imposes certain requirements relating to pupil-to-teacher ratios for attendance recovery programs. Existing law prohibits pupils enrolled in a nonclassroom-based program from participating in an attendance recovery program and specifies that a pupil is enrolled in a nonclassroom-based program for this purpose if, for school districts, the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 14 schooldays in a school year or, for charter schools, the pupil is continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught.
This bill would delete the requirement that the attendance generated in an attendance recovery program must be applied to the schoolday in which the pupil was absent. The bill would prohibit a pupil from being credited with more than 5 days of attendance per school week for school districts or county offices of education, or more than one day of attendance in a calendar day when school is actually taught for charter schools. The bill would revise the pupil-to-teacher ratio requirements for attendance recovery programs. The bill would specify that a pupil is enrolled in a nonclassroom-based program for purposes of the prohibition on participation in an attendance recovery program if, for school districts, the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 15 schooldays in a school year or, for charter schools, the pupil is continually enrolled in independent study for more than 15 schooldays on any of the days on which school is taught.
(9) If the average daily attendance of a local educational agency has been materially decreased during a fiscal year because of an emergency and that fact has been established to the satisfaction of the Superintendent by an affidavit submitted by the local educational agency, existing law requires the Superintendent to credit to the local educational agency the total average daily attendance that would have been credited to it had the emergency not occurred.
Existing law requires, for affidavits submitted for emergencies occurring after September 1, 2021, but on or before June 30, 2025, the local educational agency to certify that it has a plan for independent study to be offered to pupils and requires, for affidavits submitted for emergencies occurring on or after July 1, 2025, the local educational agency to certify that it has a comprehensive school safety plan, including an instructional continuity plan to provide instruction when in-person instruction is disrupted due to an emergency.
This bill would extend the above-described respective ending and commencing date by one year to instead be on or before June 30, 2026, and on or after July 1, 2026, respectively.
(10) Existing law, commencing with the 2024–25 fiscal year, requires the State Department of Education to annually report specified information on its internet website regarding juvenile court and county community school pupils, including, among other information, (A) the number and percentage of pupils who leave juvenile court schools without a high school diploma or high school equivalency who transfer back and enroll in a school district or charter school and (B) juvenile court school or county community school pupil access to and completion of A–G approved courses, high school equivalency tests, and accredited college coursework.
This bill would revise those reporting requirements, as specified.
(11) Existing law requires the Legislative Analyst’s Office to conduct an assessment, on or before January 1, 2025, evaluating the efficacy of existing programs in allied health jointly offered between campuses of the California Community Colleges, the California State University, and the University of California. Existing law requires the final assessment to be reported, in writing, to the Legislature and the Governor on or before January 1, 2025, as specified.
This bill instead would require the Legislative Analyst’s Office to conduct an assessment, on or before January 1, 2031, evaluating the efficacy of existing programs in nursing jointly offered between campuses of those segments of public postsecondary education. The bill would require the assessment to be reported, in writing, to the Legislature and the Governor on or before January 1, 2031.
(12) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission. For applications received under the program on July 1, 2024, to June 30, 2025, inclusive, existing law requires the commission to provide one-time grants of up to $10,000 to each student enrolled in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential if the student commits to working at a priority school or a California preschool program for 2 years within 4 years following the date the student completes the professional preparation program, as specified. Existing law, commencing July 1, 2024, requires the commission to prioritize awards to eligible applicants with the lowest income at the time of application.
This bill would instead, commencing July 1, 2024, require the commission to prioritize awards to eligible applicants with the lowest income and asset levels at the time of application, and would specify a methodology for calculating those income and asset levels.
(13) Existing law requires the office of the Chancellor of the California Community Colleges to report to the Department of Finance no later than September 1 of each year certain information related to the amount of discounts for community colleges authorized by a program to advance universal telecommunications services, as provided.
This bill would repeal that provision.
(14) Existing law authorizes the chancellor’s office to establish the Rising Scholars Network to enter into agreements with up to 50 community colleges to provide additional funds for services in support of postsecondary education for justice-involved students, as defined. Existing law requires a community college district that wishes to participate in the Rising Scholars Network to apply to the Board of Governors of the California Community Colleges for funding, as provided.
This bill would authorize an additional 15 community colleges to enter into Rising Scholars Network agreements. Beginning in the 2025–26 fiscal year, the bill would authorize the board of governors to prioritize funding provided in the annual Budget Act for Rising Scholars Network applications that demonstrate positive student outcomes consistent with specified goals and guidance.
(15) Existing law requires the chancellor’s office to submit to the Legislature and the Department of Finance, by April 1 of each year, a systemwide report that summarizes reports submitted by community college districts on the expenditure of Student Equity and Achievement Program funding, as specified. Existing law requires the Chancellor of the California Community Colleges to report to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature, on or before March 15 of each year, on the expenditure of certain funds, including program funds, as provided.
Beginning in the 2025–26 fiscal year, this bill would require the above-described annual reports to instead be submitted on or before March 1.
(16) If a community college district, in order to qualify for Nursing Enrollment Growth and Retention program funds, commits to taking certain actions, existing law requires the community college district to report specified data to the chancellor’s office. Existing law requires the chancellor’s office to compile and provide the reported data to the Legislature and the Governor by July 1 of each year.
Beginning in the 2025–26 fiscal year, this bill would require the chancellor’s office to instead report that data biennially on or before March 1 and would authorize the data to be submitted with the below-described report related to allied health professional programs.
Existing law requires the chancellor to report to the Legislature and the Governor, on or before September 30 of each year, specific information related to certain community college clinical nursing faculty, as provided.
Beginning in the 2025–26 fiscal year, this bill would require that information to instead be reported biennially on or before March 1 and would authorize the information to be submitted with the below-described report related to allied health professional programs.
Existing law requires the chancellor to provide to the Legislature, beginning July 1, 2019, and each year thereafter, a report that includes information related to certain allied health professional programs, as provided.
Beginning in the 2025–26 fiscal year, this bill would require the chancellor to instead provide this report biennially on or before March 1 and would authorize the report to be submitted with the above-described data related to the Nursing Enrollment Growth and Retention program.
(17) Existing law requires the chancellor and the Superintendent of Public Instruction to provide to certain state entities preliminary reports on or before October 30 following each fiscal year for which funds are appropriated for the Adult Education Program, and final reports on or before February 1 of the following year, about the use of specified funds and outcomes for adults statewide and in each adult education region.
This bill would require the chancellor and the Superintendent to instead provide a report on or before February 1 of each fiscal year for which funds are appropriated for the program.
(18) Existing law requires the chancellor to submit a report to the Governor and the Legislature, on or before March 1 of each year, that includes, among other things, data summarizing outcome accountability performance measures implemented by the chancellor for the California Community Colleges Economic and Workforce Development Program, as provided.
Beginning in the 2025–26 fiscal year, this bill would require the chancellor to instead submit this report biennially and would authorize the report to be submitted with the below-described report related to the Strong Workforce Program.
Existing law requires the chancellor’s office to annually submit a report to the Governor and the Legislature, on or before January 1, on the community college component of the Strong Workforce Program, as provided.
Beginning in the 2025–26 fiscal year, this bill would require that annual report to instead be submitted on or before March 1 and would authorize the report to be submitted with the above-described report related to the California Community Colleges Economic and Workforce Development Program.
(19) Existing law requires, as part of licensing child day care facilities, the State Department of Social Services to request a fire safety clearance from the appropriate fire marshal. Existing law then requires the primary fire enforcing agency to complete a final fire clearance inspection for a child day care facility, as specified.
This bill would require, until January 1, 2027, state and local fire marshals assigning occupancy and use, or change of use, classifications and issuing fire clearance approvals for day care centers when making those classifications and conducting those inspections on or after January 1, 2023, to use certain provisions of the California Building Standards Code as they read on December 31, 2022. The bill would require the Office of the State Fire Marshal, in consultation with the State Department of Social Services, to promulgate regulations pertaining to occupancy standards for day care centers no later than January 1, 2027.
(20) Existing law requires the Local Agency Public Construction Act to apply to contracts by community college districts. Existing law authorizes the chancellor to enter into a contract or other agreement with the governing board of any community college district whereby the district performs services or acts as a fiscal agent on behalf of the California Community Colleges, if the funds for the contract or agreement are in satisfaction of the state constitutional obligation to appropriate a minimum amount of funds for the support of school districts and community college districts for each fiscal year.
Existing law, until July 1, 2025, exempts the chancellor from the requirement to advertise for or invite bids for certain contracts or other agreements with the governing board of a community college district that are no more than $20,000,000. Existing law, until July 1, 2025, also exempts from the requirement to advertise or invite bids the renewal of existing contracts or other agreements that the chancellor has entered into with the governing board of a community college, regardless of the amount.
This bill would extend those dates by 2 years, thereby making the exemptions described above operative until July 1, 2027.
(21) Existing law makes specified funds appropriated in the Budget Act of 2023 and the Budget Act of 2024 for education for adults in correctional facilities and for special education available for encumbrance until July 31, 2024, for funds appropriated in the Budget Act of 2023 and until July 31, 2025, for funds appropriated in the Budget Act of 2024.
This bill would instead make funds appropriated for those purposes in the Budget Act of 2021 and the Budget Act of 2022 available for liquidation until July 31, 2024, for funds appropriated in the Budget Act of 2021 and until July 31, 2025, for funds appropriated in the Budget Act of 2022. By extending the period of time in which funds encumbered under existing appropriations may be liquidated, the bill would make an appropriation.
(22) This bill would appropriate $1,500,000 from the General Fund to the State Allocation Board to be available for allocation to the Trinity Alps Unified School District to support the construction of an all-weather track at Trinity High School.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Trinity Alps Unified School District.
(23) This bill would state that its provisions are severable.
(24) 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.
(25) This bill would incorporate additional changes to Section 32282 of the Education Code proposed by AB 1858, AB 2887, and AB 2968 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 69617 of the Education Code proposed by SB 1391 to be operative only if this bill and SB 1391 are enacted and this bill is enacted last.
(26) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
~~This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2023.~~

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

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

SECTION 1.

Section 8207.1 of the Education Code, as added by Section 5 of Chapter 73 of the Statutes of 2024, is amended to read:

8207.1.

(a) A California state preschool contractor operating a part-day, full-day, or both part- and full-day California state preschool program may, but is not required to, enroll interested eligible two-year-old children.

(b) The ~~Superintendent~~ Superintendent, in consultation with the State Department of Social Services, shall develop guidance for contractors to follow when enrolling two-year-old ~~children.~~ children, which shall include, but not be limited to, guidance for safe, age-appropriate diapering and toilet training in alignment with the requirements set forth in Division 12 (commencing with Section 101151) of Title 22 of the California Code of Regulations.

(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, the department may, on or before April 1, 2025, implement this section and associated guidance on serving two-year-old children through management bulletins or similar letters of instruction.

(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 2.

Section 8210 of the Education Code, as amended by Section 9 of Chapter 73 of the Statutes of 2024, is amended to read:

8210.

(a) Each applicant or contracting agency shall give priority for part-day programs according to the following:

(1) The first priority for services shall be given to ~~two-year-old, three-year-old,~~ three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency.

(2) (A) To the extent that there are additional ~~two-, three-,~~ three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the percent of funded enrollment set aside pursuant to Section 8208, the second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.

(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(3) (A) The third priority for services shall be given to eligible ~~two-year-old, three-year-old,~~ three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(4) (A) The fourth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213.

(B) Within this priority category, priority shall be given to ~~two-, three-,~~ three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208.

(C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first.

(ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.

(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, the contractor may enroll the children in the following order:

(A) A California preschool program site operating within the attendance boundaries of a qualified free and reduced priced meals school, in accordance with Section 8217, may enroll any ~~two-, three-,~~ three- or four-year-old children whose families reside within the attendance boundary of the qualified elementary ~~school.~~ school, followed by two-year-old children whose families reside within the attendance boundary of the qualified elementary school, to the extent the contractor has elected to offer services pursuant to Section 8207.1. These children shall, to the extent possible, be enrolled by lowest to highest income according to the most recent schedule of income ceiling eligibility table.

(B) Children enrolling in the California state preschool program to provide expanded learning and care to transitional kindergarten or kindergarten pupils, pursuant to subdivision (l) of Section 48000.

(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.

(c) (1) Children with exceptional needs enrolled in the percent of funded enrollment set aside pursuant to paragraph (1) of subdivision (c) of Section 8208 shall be enrolled without regard to the priorities listed in subdivision (a).

(2) Within this category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.

(3) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.

(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 3.

Section 8211 of the Education Code, as amended by Section 11 of Chapter 73 of the Statutes of 2024, is amended to read:

8211.

(a) Each applicant or contracting agency shall give priority for full-day programs according to the following:

(1) (A) The first priority for services shall be given to ~~two-year-old, three-year-old,~~ three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. If To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency.

(B) If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.

(2) (A) To the extent that there are additional ~~two-, three-,~~ three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the percent of funded enrollment set aside pursuant to paragraph (1) of subdivision (c) of Section 8208, the second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213.

(iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first.

(5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213.

(A) The contractor may enroll two-, three-, and four-year-old children from families that meet eligibility criteria pursuant to paragraph (4) of subdivision (d) of Section 8208. Within this priority, contractors shall enroll families in income ranking order, lowest to highest, and within income ranking order, to the extent the contractor has elected to offer services pursuant to Section 8207.1, enroll three- and four-year-old children before ~~three-year-old children.~~ two-year-old children.

(B) For California state preschool program sites operating within the attendance boundaries of a qualified free and reduced priced meals school, in accordance with Section 8217, the contractor may enroll any ~~two-, three-,~~ three- and four-year-old children whose families reside within the attendance boundary of the qualified school without establishing eligibility or a need for services pursuant to paragraph (1) or (3) of subdivision (d) of Section ~~8208.~~ 8208, followed by two-year-old children whose families reside within the attendance boundary of the qualified school without establishing eligibility or a need for services pursuant to paragraph (1) or (3) of subdivision (d) of Section 8208, to the extent the contractor has elected to offer services pursuant to Section 8207.1. These families shall, to the extent possible, be enrolled in income ranking order, by lowest to highest income according to the most recent schedule of income ceiling eligibility table.

(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 4.

Section 8217 of the Education Code is amended to read:

8217.

(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are eligible for free or reduced-price meals, may enroll ~~three-~~ two-, three-, and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:

(1) Enrollment of eligible ~~three-~~ two-, three-, and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within the attendance boundary of the qualifying public school pursuant to this subdivision. Providers shall require proof of residency as a condition of enrollment.

(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.

(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023.

(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024.

(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.

(d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 5.

Section 8217 is added to the Education Code, to read:

8217.
(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are eligible for free or reduced-price meals, may enroll three- and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:
(1) Enrollment of eligible three- and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within the attendance boundary of the qualifying public school pursuant to this subdivision. Providers shall require proof of residency as a condition of enrollment.
(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.
(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023.
(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024.
(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.
(d) This section shall become operative on July 1, 2027.

SEC. 6.

Section 8231 of the Education Code is amended to read:

8231.

(a) The Superintendent shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that do all of the following:

~~(a)~~

(1) Provide clear guidelines for the selection of agencies when child development contracts are let, including, but not limited to, specification that any agency headquartered in the proposed service area will be given priority for a new contract in that area, unless the department makes a written determination that (A) the agency is not able to deliver the level of services specified in the request for proposal, or (B) the department has notified the agency that it is not in compliance with the terms of its contract.

~~(b)~~

(2) Provide for a contract monitoring system to ensure that agencies expend funds received pursuant to this chapter in accordance with the provisions of their contracts.

~~(c)~~

(3) Specify adequate standards of agency performance.

~~(d)~~

(4) Establish reporting requirements for service reports, including provisions for varying the frequency with which these reports are to be submitted on the basis of agency performance.

~~(e)~~

(5) Specify standards for withholding payments to agencies that fail to submit required fiscal reports.

~~(f)~~

(6) Set forth standards for department site visits to contracting agencies, including, but not limited to, specification as to the purpose of the visits, the personnel that will perform these visits, and the frequency of these visits which shall be as frequently as staff and budget resources permit.

~~(g)~~

(7) Authorize the department to develop a process that ~~requires~~ may require every contracting agency to recompete for continued funding no less frequently than every five years.

(b) For purposes of expediting the implementation of state or federal legislation to expand preschool services, the department may do any of the following:
(1) Use an alternative application process in which the department will evaluate the ability and standing of existing contractors in determining allocation methodology and eligibility for funding.
(2) Waive the regulations regarding the point qualifications for, and the process and scoring of, applications of existing contractor applicants pursuant to Section 17723 of Title 5 of the California Code of Regulations.

SEC. 7.

Section 8320 of the Education Code is amended to read:

8320.

(a) The California Universal Preschool Planning Grant Program is hereby established with the goal of expanding access universally to preschool programs for three- and four-year-old children across the state through a mixed-delivery system.

(b) As used in this section, the following definitions shall apply:

(1) “Children with exceptional needs” has the same meaning as defined in Section 8205.

(2) “Mixed-delivery system” means a system of early childhood education services that is delivered through a variety of providers, programs, and settings, including Head Start agencies or delegate agencies funded under the Head Start Act (42 U.S.C. Sec. 9831, et seq.), public, private, or proprietary agencies, including community-based organizations, public schools, and local ~~education~~ educational agencies that offer center-based childcare and preschool programs, tribal childcare and preschool, and family childcare through a family childcare home education network.

(3) “Three- and four-year-old children” has the same meaning as “three-year-old children” and “four-year-old children,” as those terms are defined in Section 8205.

(4) “Universal preschool” means those programs that offer part-day or full-day, or both, educational programs for three- and four-year-old children, and may be offered through a mixed-delivery system.

(c) (1) (A) Pursuant to an appropriation in the annual Budget Act, for each of the 2022–23, 2023–24, and 2024–25 fiscal years, the Superintendent shall consult with the Director of Social Services and shall create an application to award grant funds to one designated lead agency within each county, as set forth in this section. Each county shall submit a single planning grant application.

(B) The county grant submission shall contain a signed agreement from the resource and referral agencies in the county and the local planning council.

(2) (A) (i) A local planning council established pursuant to Article 2 (commencing with Section 10485) of Chapter 31 of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have first priority for grant awards from their county’s allocation of funds calculated for each county, as described paragraph (1) of subdivision (d).

(ii) A local planning council shall express interest ~~through~~ by submitting a letter of intent to the department on a template developed by the Superintendent in consultation with the State Department of Social Services.

(iii) If a local planning council wishes to partner with other counties in their region pursuant to subdivision (j), the local planning council shall indicate this intent in their letter of intent.

(B) (i) In counties where the local planning council does not submit a letter of intent to receive an award, a resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code that operates in the county may submit a joint letter of intent with the local planning council to the Superintendent, on a template developed by the Superintendent in consultation with the State Department of Social Services, indicating interest in conducting the activities of this grant in their county.

(ii) The joint letter submitted pursuant to clause (i) shall designate a lead fiscal agency and describe the partnership the resource and referral agencies will use to meet the requirements of the grant.

(iii) If a resource and referral agency wishes to partner with other counties in their region pursuant to subdivision (j), the resource and referral agency shall indicate this intent in their letter of intent.

(C) Once letters of intent have been submitted, the Superintendent shall require the designated lead agency from each county to submit an application ~~containing information, including,~~ that includes, but is not limited to, all of the ~~following:~~ following information:

(i) A description of how it will allocate funds and achieve tasks described in subdivision (f).

(ii) A description of how the applicant will partner with the county office of education and other local educational agencies in the county on the work required pursuant to Section 8281.5, to ensure activities conducted under this grant meet community needs for universal preschool in a mixed-delivery system not already addressed.

(D) All grantees shall be required to coordinate with the county office of education on the work required pursuant to Section 8281.5. In counties where the county office of education operates the resource and referral agency or the local planning council, the staff responsible for those activities at the county office of education shall be included and financially supported to participate in the activities of this grant.

(E) The grantee shall form a single working group that shall include, but not be limited to, representatives from the county offices of education, school districts, charter schools offering transitional kindergarten, resource and referral programs, alternative payment programs operating preschool programs, First 5 county commissions, contracted state preschool programs, including both local ~~education~~ educational agency and community-based organization programs, general childcare programs serving preschool-age children, tribal preschool programs, private center-based childcare preschool providers, licensed family childcare providers, educators, exclusive bargaining representatives, Head Start, faculty at local institutions of higher education focusing on child development or early childhood education, and early childhood education teacher preparation programs, including institutions of higher education.

(d) The Superintendent shall develop and administer a grant process and award grant funds to each county that applies for funding for the 2022–23 fiscal year ~~as long as~~ if the application ~~is in conformance~~ conforms with the requirements of this section. Funds shall be allocated using a methodology for determining the amount of funds in each county that accounts for all of the following:

(1) (A) Base grant funding that reflects the number of three- and four-year-old children in the county or region.

(B) Add-on funding that reflects both of the following:

(i) The number of three- and four-year-old children in the county or region who are currently eligible for, but not enrolled in, subsidized preschool programs as part of the mixed-delivery system for universal preschool, as determined by the Superintendent.

(ii) The number of three- and four-year-old children with exceptional needs in the county or region.

(2) To the extent funds are available in the ~~annual~~ Budget Act ~~for the 2023–24 and 2024–25 fiscal years,~~ of 2023, existing ~~grantees, newly formed consortia of current grantees, or individual counties who participated as a grantee in a former consortium for this grant,~~ grantees shall be eligible to apply for a renewal grant subject to ~~the~~ terms and conditions developed by the Superintendent.

(3) (A) To the extent funds are available in the Budget Act of 2024, the following entities shall be eligible to apply for a grant subject to terms and conditions developed by the Superintendent:
(i) Existing grantees.
(ii) Newly formed consortia.
(iii) Individual counties that participated in a former consortium for this grant, with the first priority for the funds going to the local planning council, pursuant to the process described in subdivision (c), as appropriate.
(B) Notwithstanding subparagraph (A), in a county that previously received funds from this grant, where the previous grantee or consortia of grantees does not intend to reapply for funding pursuant to subparagraph (A), the following entities shall be eligible to apply as part of an existing or newly formed consortia, with the following priority order:
(i) The local planning council.
(ii) Resource and referral agencies.
(iii) First 5 county commissions.
(C) If an entity applies for the grant pursuant to subparagraph (B), the grant submission shall include a signed statement, from all entities within the county with a higher priority and within the same priority, that acknowledges their intent not to apply for the funds.
(D) An entity receiving funds pursuant to this paragraph shall complete all activities of the grant pursuant to subparagraph (D) of paragraph (2) of subdivision (c), subparagraph (E) of paragraph (2) of subdivision (c), and subdivision (f).
(E) The entity applying for funds in each county pursuant to this paragraph shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent, before submitting the request for data.
(F) Each county shall submit a single planning grant application for the relevant fiscal year.
(G) If funds are awarded pursuant to this paragraph to a First 5 county commission, the First 5 county commission shall collaborate with, and subgrant funds, where appropriate, to local planning councils and resource and referral agencies to implement the activities of this section.

(e) Grant funds may be used for costs associated with any of the following:

(1) Assessing the parental preferences and the need for access to available high-quality universal preschool through a mixed-delivery system for three- and four-year-old children in the county or region by program type.

(2) Establishing or strengthening partnerships with other providers of early childhood education services and family childcare home education networks within the county or region’s mixed-delivery system and with tribal partners, to ensure that high-quality options for universal preschool, including inclusive preschool programs and multilingual programs, are available for three- and four-year-old children.

(3) Engaging in community-level coordination and planning with agencies participating in the county or region’s mixed-delivery system ~~for the implementation of~~ to implement high-quality universal preschool options.

(4) Coordinating with special education local and regional partners, including regional centers and local educational agencies, to ensure three- and four-year-old children with exceptional needs in the county or region have access to universal preschool through the mixed-delivery system in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.

(5) Partnering with the regional agency responsible for the system described in Section 8203.1 to fund and support workforce development, coaching, and other quality improvement activities to support the universal preschool mixed-delivery system.

(6) Other costs, as specified by the Superintendent.

(f) Entities receiving grants pursuant to this subdivision shall do all of the following:

(1) Plan for the provision of high-quality universal preschool options for three- and four-year-old children, through a mixed-delivery system that ensures access to high-quality full- and part-day learning experiences, coordinated services, and referrals for families to access health and social-emotional support services. Indicators of quality shall be determined by the Superintendent pursuant to Section 8203.

(2) Plan for increasing inclusion of children with exceptional needs in universal preschool.

(3) Assist existing and aspiring universal preschool site supervisors, teachers, and other support staff in identifying and accessing local workforce pathway programs, including financial support programs, to increase the number of site supervisors, teachers, and other support staff who have required credentials and degrees.

(4) Provide outreach services and enrollment support for families of three- or four-year-old children, to meet family needs and provide those children with high-quality full- and part-day learning experiences.

(5) Partner to plan for, align and coordinate the plans, and conduct the activities described in paragraphs (1) to (4), inclusive, with all local educational agencies in the county or region that received funding pursuant to the California Prekindergarten Planning and Implementation Grant Program (Article 13.2 (commencing with Section 8281.5)).

(6) Partner with tribes to reflect family and tribal community needs, as sovereign nations, in the planning and implementation of the universal preschool mixed-delivery system.

(7) Commit to providing program data to the department, as specified by the Superintendent, including, but not ~~necessarily~~ limited to, plan development steps and participants engaged in the grant activities and planning, core needs of critical communities, including tribal communities, and recipient information and participation in overall program evaluation.

(8) Develop a plan for consideration by ~~the governing board or body of~~ the county ~~office~~ board of education at a public meeting on or before June 30, 2023, for how all four-year-old children and an increased number of at-promise three-year-old children in the county may access full-day learning programs before kindergarten that meet the needs of parents, including through partnerships with the universal preschool programs in the mixed-delivery system and expanded learning offerings.

(g) If the entity receiving the grant in a county is a local planning council, the local planning council shall collaborate with, and subgrant funds where appropriate to, local resource and referral agencies to implement the activities of this section.

(h) If the entity receiving the grant in a county is a resource and referral agency, the resource and referral agency shall collaborate with, and subgrant funds where appropriate to, the local planning council to implement the activities of this section.

(i) ~~(A)~~(1) Funds that are allocated or awarded pursuant to this section shall be expended by on or before June 30, 2026. The department shall then initiate collection proceedings for unexpended funds.

~~(B)~~

(2) The department shall initiate collection proceedings for grant funds used by grantees in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subdivision (f).

(j) ~~Nothing in this section shall be construed as prohibiting~~ This section does not prohibit counties from joining together to address regional needs with their funding and developing regional plans.

(k) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2026, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this section.

(l) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.

(m) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (l) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.

SEC. 8.

Section 32282 of the Education Code is amended to read:

32282.

(a) The comprehensive school safety plan shall include, but not be limited to, all of the following:

(1) Assessing the current status of school crime committed on school campuses and at school-related functions.

(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following:

(A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.

(B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, both of the following:

(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:

(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.

(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.

(ic) Protective measures to be taken before, during, and following an earthquake.

(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.

(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.

(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).

(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupil’s ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.

(II) Subclause (I) does not prohibit a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.

(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.

(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.

(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.

(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.

(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950.

(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.

(H) A safe and orderly environment conducive to learning at the school.

(I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.

(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.

(K) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.

(L) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.

(3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:

(i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils’ social-emotional, mental health, and academic needs.

(ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.

(B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.

(C) (i) For purposes of this paragraph, “temporarily reassigned” means temporarily reassigned to another local educational agency outside of the school ~~district~~ district, but within the county or an immediately adjacent county, in which the pupil’s parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.

(ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.

(D) This paragraph applies to school districts, county offices of education, and charter schools.

(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the ~~State Department of Education’s~~ department’s Safe Schools and Violence Prevention Center and the Attorney General’s Crime and Violence Prevention Center entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety.

(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.

(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.

(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.

(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.

(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.

(h) On or before March 1, 2025, the Superintendent shall develop and post on the department’s internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.

SEC. 8.1.