BILL NUMBER: AB 18 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 5, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 27, 2011
INTRODUCED BY Assembly Member Brownley
DECEMBER 6, 2010
An act to amend Section 60119 of, to add Sections
41055, 42238.01, and 42238.486 to, to add Article 5 (commencing with
Section 42310) to Chapter 7 of Part 24 of Division 3 of Title 2 of,
and to add and repeal Section 41054 of, the Education Code, relating
to education finance.
LEGISLATIVE COUNSEL'S DIGEST
AB 18, as amended, Brownley. Education finance: school-based
financial reporting system: Targeted Pupil Equity funding: Quality
Instruction funding.
(1) Existing law establishes the public school system in this
state, and, among other things, provides for the establishment of
school districts throughout the state and for their provision of
instruction at the public elementary and secondary schools they
operate and maintain. Existing law establishes a public school
funding system that includes, among other elements, the provision of
funding to local educational agencies through state apportionments,
the proceeds of property taxes collected at the local level, and
other sources.
This bill would enact the Education Finance Reform Act. The bill
would require the Superintendent of Public Instruction, on or before
December 1, 2012, to make recommendations to the Legislature and the
Governor regarding prescribed topics relating to the statutory and
regulatory changes that would be necessary to support the
development, implementation, and use of comprehensive school-level
financial data. These provisions would be repealed on December 1,
2015. The bill would require the Superintendent, on or before July 1,
2012, to make all ministerial changes that are necessary to support
the future reporting of school-level financial data by local
educational agencies, as specified. The bill also would require the
Superintendent, on or before July 1, 2012, and annually thereafter,
to notify the superintendent of each school district and county
office of education, and the administrator of each charter school, of
specified items relating to tracking and reporting school-level
financial data.
(2) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county
pursuant to a specified formula based on the base revenue limit of
the school district for the prior fiscal year, adjusted
for inflation, and based on the average daily attendance for the
entire school district.
This bill would require the Superintendent of Public Instruction,
commencing with the 2015-16 fiscal year and each fiscal year
thereafter, to compute an amount to be apportioned in addition to the
revenue limit of each school district. This amount would be
calculated by multiplying a per pupil base amount determined for each
school district in accordance with a formula utilizing the average
daily attendance of each school district, and the amount of funding
provided by specified items of the annual Budget Act, for the 2014-15
fiscal year.
(3) Existing law establishes various public education programs
pursuant to which funds are allocated by the state to local
educational agencies.
This bill would establish Targeted Pupil Equity funding, pursuant
to which, commencing with the 2015-16 fiscal year and each fiscal
year thereafter, the Superintendent of Public Instruction would
apportion supplemental funds to school districts and charter schools,
in accordance with a prescribed formula, for any educational purpose
that provides instruction or support services to English learners
and low-income pupils, with the goal of improving the academic
performance or workforce preparation of those pupils.
This bill would also establish Quality Instruction funding,
pursuant to which, commencing with the 2015-16 fiscal year and each
fiscal year thereafter, the Superintendent would apportion funds to
school districts and charter schools identified as reporting
average daily attendance, as determined at the 2014-15 2nd principal
apportionment, based on attendance of pupils in kindergarten and
grades 1 to 3, inclusive , in accordance with a
prescribed formula, for any of several specified purposes, including
the reduction of class sizes in kindergarten and grades 1 to 3,
inclusive , the provision of professional development training
to school personnel, the provision of leadership coaching and
individualized support to schoolsite staff, the provision of
mentoring or coaching in order to support beginning teachers, the
establishment of teacher recruitment programs that provide
professional development assistance to paraprofessionals in order for
them to obtain teaching credentials, the establishment of intern
programs to provide an alternative route for individuals to obtain
teaching credentials, and the provision of support for beginning
teacher support and assessment.
The bill would also require, for each school district and charter
school not identified as reporting average daily attendance, as
determined at the 2014-15 2nd principal apportionment, based on
attendance of pupils in kindergarten and grades 1 to 3, inclusive,
that Quality Instruction funding apportioned to those school
districts and charter schools be used for the purposes similar to
those authorized for the school districts and charter schools
reporting average daily attendance in kindergarten and grades 1 to 3,
inclusive, except that the use of Quality Instruction funding for
the reduction of class sizes by the school districts and charter
schools not reporting average daily attendance based on attendance of
pupils in kindergarten and grades 1 to 3, inclusive, would not be
authorized.
(4) Existing law requires that, in order to be eligible for
specified funds, a school district take steps to ensure that each
pupil in each school in the district has sufficient textbooks or
instructional materials, as defined.
This bill would provide that for purposes of these provisions,
sufficient textbooks or instructional materials means, among other
things, that all pupils within the local educational agency who are
enrolled in the same course have identical textbooks and
instructional materials, as prescribed.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Education Finance Reform Act.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) The 22 studies of the Getting Down to Facts Project, the
Governor's Committee on Education Excellence, and subsequent research
from the Public Policy Institute of California were consistent in
their conclusions that California's current education finance system
is overly complex, irrational, and burdensome, and is in need of a
long-term plan for comprehensive reform.
(2) The complexity of the current system poses a major obstacle to
transparency and effectiveness. It is almost impossible to determine
how much revenue each school district receives or how those revenues
are spent, let alone to report this information to local
communities, stakeholders, and the state.
(3) The current system is not logical, with district revenues that
are largely a historical artifact of spending in the 1970s combined
with a confusing, bureaucratic, report-driven, and burdensome system
of categorical programs. Disparities in school and school district
revenues are substantial and are not aligned to pupil or educator
needs.
(4) The system places substantial restrictions on the use of
resources by schools and school districts, creating high compliance
costs and making it difficult for local educators to respond to the
needs of their pupils. Fewer paperwork requirements and more
flexibility in allocating resources are cited by school principals as
two of the most important factors in improving pupil outcomes.
(5) Many schools and school districts lack the proper tools or
capacity to ensure that money is spent on the most effective programs
and practices. Research consistently finds that successful schools
use data to inform teaching practices and innovation. However,
California schools and school districts vary widely in their use of
data and in their capacity to use data to improve pupil performance.
(6) Ensuring that money is spent efficiently and effectively
requires a complete understanding of how money is allocated to and by
school districts and how it is spent within schools. However,
California does not collect financial data that is useful for
determining the effectiveness of resources at the state, school
district, or school levels.
(7) The ability to make linkages between information about
financial resources and data on programs and pupil performance is
necessary to enable policymakers, parents, and the public to evaluate
educational programs and more effectively target those financial
resources.
(8) Research has shown that per pupil funding amounts provided to
English learners and to pupils in poverty differ across school
districts, and that there is a need for targeted resources to cover
the costs of educating those pupils.
(9) California is currently facing lawsuits which claim that the
state's system for funding public education is deficient. One lawsuit
claims that the system is unconstitutional in that it fails to
provide all pupils with equal access to the required educational
program, while a second lawsuit seeks to have the state take the
individual educational needs of each pupil into consideration when it
makes funding decisions pursuant to the system.
(b) Therefore, it is the intent of the Legislature to do all of
the following:
(1) Build on previous research and recommendations to produce a
comprehensive plan for finance reform to support pupil achievement,
with specific consideration given to the interactions of incentives
in school finance formulas.
(2) Establish simpler pupil-based formulas for allocating funding
to each local educational agency that provide base funding along with
an amount that is tied to the specific needs of the pupils in the
local educational agency and the costs of educating those pupils.
(3) Make the allocation of funding more rational and equitable so
that the revenues received by each local educational agency reflect
the actual cost of educating pupils with varying needs in varying
environments, so that all pupils are prepared, at the end of their
elementary and secondary education, for college, careers, and
successful participation in our democratic institutions, no matter
where they live or what their economic, racial, or ethnic background
may be.
(4) Support accountability and local flexibility by increasing the
transparency of state funding mechanisms and of expenditure
decisions at the local level, and by facilitating the equitable
allocation of funds across schools within each school district in a
manner that reflects the specific needs of the pupils in those
schools and the costs of educating those pupils.
(5) Improve the reporting of financial data so that programmatic
investments can be linked to programs that increase pupil
achievement.
(6) Support continuous improvement by requiring periodic review of
the school finance system and of local resource decisions.
(7) Hold local educational agencies harmless, and transition to
the new system gradually, as new moneys become available.
SEC. 3. Section 41054 is added to the Education Code, to read:
41054. (a) On or before December 1, 2012, the Superintendent
shall make recommendations to the Legislature and the Governor
concerning statutory and regulatory changes that would be necessary
to support the development, implementation, and use of comprehensive
school-level financial data that would be used to produce all of the
following:
(1) Simple to use, transparent, and informative school-level
financial reports showing both the source of school-level revenue and
the expenditures made by each school.
(2) In-depth analyses of school-level financial data, including,
but not necessarily limited to, analyses by fund source, function,
program, and object.
(3) Comparisons of financial data across schools, both within the
district and outside of the district, and over time.
(4) Linkages between school-level financial, demographic,
programmatic, and academic achievement data so as to facilitate
program and policy evaluation.
(5) A comprehensive means for the education community,
policymakers, researchers, and the public to easily access
information about all aspects of the performance of each school in
the state.
(b) The Superintendent's recommendations made pursuant to
subdivision (a) shall focus on all changes that are necessary to
support the future reporting of school-level financial data by local
educational agencies and to support the comprehensive uses described
in subdivision (a). These recommendations shall address, but not
necessarily be limited to, all of the following:
(1) Modifications to the School Accountability Report Card.
(2) Changes to existing data collections or the implementation of
new data collections.
(3) Changes to the state's Education Information System,
especially to facilitate the linking of school financial,
demographic, and pupil program data.
(4) Changes to the state's hardware and software support or
capacity, or other information technology needs that would be
necessary to support publicly available school-level data analysis
and evaluative tools, as well as publicly available school-level
reports.
(c) It is the intent of the Legislature that the Superintendent,
in making the recommendations pursuant to this section, shall do both
of the following:
(1) Build upon previous research, reports, evaluations, audits,
and studies.
(2) Develop the recommendations in consultation with policymakers,
members of the education community, members of the public, and other
stakeholders.
(d) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on December 1, 2015.
SEC. 4. Section 41055 is added to the Education Code, to read:
41055. (a) On or before July 1, 2012, the Superintendent shall
make all ministerial changes that are necessary to support the future
reporting of school-level financial data by local educational
agencies. These changes shall include, but are not limited to, all of
the following:
(1) Modifications to the standardized account code structure.
(2) Modifications to the California School Accounting Manual.
(3) Modifications to financial regulations imposed upon or other
instructions provided to school districts, county offices of
education, or charter schools.
(b) On or before July 1, 2012, and annually thereafter, the
Superintendent shall notify the superintendent of each school
district and county office of education, and the administrator of
each charter school, of both of the following:
(1) The capacity for the tracking and reporting of school-level
financial data using the standardized account code structure
developed by the department and used for the purpose of financial
accounting and reporting in public schools and districts.
(2) Directions for using the standardized account code structure
to track and report school-level financial data.
(c) The notification made pursuant to subdivision (b) shall be
updated as necessary each year to include any changes that result
from the recommendations made by the Superintendent pursuant to
Section 41054, and any ministerial changes made by the Superintendent
pursuant to subdivision (a).
SEC. 5. Section 42238.01 is added to the Education Code,
immediately following Section 42238, to read:
42238.01. Commencing with the 2015-16 fiscal year and each fiscal
year thereafter, the Superintendent shall multiply the per pupil
base funding amount calculated for each school district pursuant to
Section 42238.486 by the district average daily attendance computed
pursuant to Section 42238.5, and shall apportion the resulting base
funding amount in addition to the apportionment calculated in
subdivision (h) of Section 42238.
SEC. 6. Section 42238.486 is added to the Education Code, to read:
42238.486. (a) For the 2015-16 fiscal year, the Superintendent
shall calculate a per pupil base funding amount for each school
district by dividing the school district's average daily
attendance as determined for the 2014-15 fiscal year pursuant to
Section 42238.5, into the sum of the school district's
allocations from the following amounts:
(1) Funding provided pursuant to Items 6110-108-0001,
6110-122-0001, 6110-124-0001, 6110-181-0001, 6110-187-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001
6110-189-0001 , 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001,
6110-243-0001, 6110-247-0001, 6110-248-0001, 6110-265-0001, and
6110-268-0001 of Section 2.00 of the annual Budget Act as those items
are funded for the 2014-15 fiscal year.
(2) Funding provided pursuant to Schedule (1) of Item
6110-156-0001 of Section 2.00 of the annual Budget Act as that item
is funded for the 2014-15 fiscal year.
(3)
(2) That portion of the funding provided pursuant to
Item 6110-111-0001 of Section 2.00 of the annual Budget Act as that
item is funded for the 2014-15 fiscal year, that is not apportioned
to each school district by the Superintendent pursuant to Section
41851.5.
(4) The average adjustment made to revenue limits pursuant to
Section 42238.12 over the preceding 15 years as calculated by the
Superintendent as follows:
(A) For each of the 2000-01 to 2014-15 fiscal years, inclusive,
calculate a per pupil amount by dividing the total additional revenue
received pursuant to Section 42238.12 by average daily attendance
calculated pursuant to Section 42238.5 for that fiscal year.
(B) Calculate a 15-year average per pupil amount by dividing the
sum of the amounts calculated in subparagraph (A) by 15.
(C) Multiply the amount calculated in subparagraph (B) by the
average daily attendance for the 2014-15 fiscal year as calculated
pursuant to Section 42238.5.
(5) The average adjustment made to revenue limits pursuant to
Section 42241.7 over the preceding 15 years as calculated by the
Superintendent as follows:
(A) For each of the 2000-01 to 2014-15 fiscal years, inclusive,
calculate a per pupil amount by dividing the total additional revenue
received pursuant to Section 42241.7 by the average daily attendance
calculated pursuant to Section 42238.5 for that fiscal year.
(B) Calculate a 15-year average per pupil amount by dividing the
sum of the amounts calculated in subparagraph (A) by 15.
(C) Multiply the amount calculated in subparagraph (B) by the
average daily attendance for the 2014-15 fiscal year as calculated
pursuant to Section 42238.5.
(3) That portion of the funding provided pursuant to Item
6110-188-0001 of Section 2.00 of the annual Budget Act as that item
is funded for the 2014-15 fiscal year, that is not reserved by the
State Allocation Board, pursuant to Section 17587, for apportionments
to school districts in instances of extreme hardship.
(b) For the 2016-17 fiscal year and every fiscal year thereafter,
the per pupil base funding amount for each school district
shall be calculated to be the amount calculated pursuant to this
section for the prior fiscal year.
(c) It is the intent of the Legislature that school districts use
the base funding provided in this section, in conjunction with other
base funding provided to school districts, for any educational
purpose necessary to maintain and improve the educational services
provided to all pupils in the district.
(d) Any instructional materials purchased by a local educational
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined in Section 60605, and shall also meet
60605. A local educational agency that receives the
base funding provided in this section is subject to the
reporting and sufficiency requirements contained in Section 60119.
(e) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined in Section 60119 and that all pupils
within the local educational agency who are enrolled in the same
course shall have identical textbooks and instructional materials, as
specified in Section 1240.3.
(f)
(e) A school district that received funding under Item
6110-198-0001 of Section 2.00 of the annual Budget Act for the
2014-15 fiscal year and operates the child care component of the
Cal-SAFE program shall comply with paragraphs (5) and (6) of
subdivision (c) of Section 54746.
(f) A local educational agency that receives the base funding
provided in this section shall maintain a facilities inspection
system to ensure that each of its schools is maintained in "good
repair," as specified in subdivision (d) of Section 17002.
(g) A local educational agency that receives the base funding
provided in this section shall satisfy the requirements set forth in
subdivisions (c) and (d) of Section 37254, Section 52378, subdivision
(d) of Section 52379, and Section 52380.
(h) The department shall ensure that funds apportioned pursuant to
this section are separately accounted for in the Standardized
Account Code Structure in a manner that allows these funds and the
resulting expenditure of these funds to be differentiated from funds
apportioned pursuant to other sections of law.
(g)
(i) Nothing in this section shall be interpreted to
authorize a school district that receives funding on behalf of a
charter school pursuant to Section 47651 to redirect this funding for
another purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
SEC. 7. Article 5 (commencing with Section 42310) is added to
Chapter 7 of Part 24 of Division 3 of Title 2 of the Education Code,
to read:
Article 5. Targeted Pupil Equity Funding and Quality
Instruction Funding
42310. (a) Targeted Pupil Equity funding is hereby established.
(b) Commencing with the 2015-16 fiscal year and for each fiscal
year thereafter, the Superintendent shall apportion Targeted Pupil
Equity funding to each school district and charter school for the
purposes specified in subdivision (c), based on a per pupil funding
amount calculated pursuant to subdivision (d) multiplied by the sum
of the count of English learners determined pursuant to subdivision
(b) of Section 54023 and the count of economically disadvantaged
pupils as determined pursuant to subdivision (a) of Section 54023,
for that school district or charter school in that fiscal year.
(c) Unless otherwise prohibited under federal law or otherwise
specified in this section, school districts and charter schools shall
use funding received pursuant to subdivision (b), as a supplement to
funds otherwise provided for these pupils, for any educational
purpose that provides instruction or support services to English
learners and low-income pupils, with the goal of improving the
academic performance or workforce preparation of those pupils.
(d) (1) For the 2015-16 fiscal year, the per pupil funding amount
for each school district and charter school shall be calculated by
dividing the sum of the school district's count of English
learners determined pursuant to subdivision (b) of Section 54023 for
the 2014-15 fiscal year and the school district's count
of economically disadvantaged pupils as determined pursuant to
subdivision (a) of Section 54023 for the 2014-15 fiscal year, into
the sum of the school district's allocations from the
following amounts:
(A) Funding provided pursuant to Items 6110-104-0001,
6110-128-0001, 6110-150-0001, 6110-227-0001, and 6110-246-0001 of
Section 2.00 of the annual Budget Act as those items are funded for
the 2014-15 fiscal year.
(B) Funding provided pursuant to Schedules (2) and (3) of Item
6110-156-0001 of Section 2.00 of the annual Budget Act as that item
is funded for the 2014-15 fiscal year, to the extent that Schedules
(2) and (3) of that item provide funding for instruction of
CalWORKs-eligible pupils.
(C)
(B) The amount provided pursuant to Items 6110-211-0001
and 6110-212-0001 of Section 2.00 of the annual Budget Act as those
items are funded for the 2014-15 fiscal year, multiplied by the ratio
of the total amounts appropriated in the 2014-15 fiscal year
pursuant to the items listed in subparagraph (A) to the total amounts
appropriated in the 2014-15 fiscal year pursuant to the items
providing funding to all other programs included in the Charter
School Categorical Block Grant.
(2) For the 2016-17 fiscal year and every fiscal year thereafter,
the per pupil funding amount for each school district and charter
school shall be calculated to be the amount calculated pursuant to
this subdivision for the prior fiscal year.
(e) It is the intent of the Legislature to use Targeted Pupil
Equity funding, in conjunction with funding provided to school
districts and charter schools for all pupils, to appropriately weight
educational funding so as to provide additional resources for the
instruction of English learners and low-income pupils and to enable
school districts and charter schools to direct resources toward
improving the academic performance of those pupils.
(f) Nothing in this section shall be interpreted to authorize a
school district that receives funding on behalf of a charter school
pursuant to Section 47651 to redirect this funding for another
purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
(g) Commencing with reporting for the 2015-16 fiscal year and for
every fiscal year thereafter, by January 1 of the following fiscal
year, the department shall post on its Internet Web site the amount
of funding apportioned in the prior fiscal year to each school
district, county office of education, and charter school pursuant to
Sections 42238 and 42315 and this section, as well as the statewide
total apportioned pursuant to each of those sections.
(h) The department shall ensure that funds apportioned pursuant to
this section are separately accounted for in the Standardized
Account Code Structure in a manner that allows these funds and the
resulting expenditure of these funds to be differentiated from funds
apportioned pursuant to other sections of law.
42315. (a) Quality Instruction funding is hereby established.
(b) Commencing with the 2015-16 fiscal year and for each fiscal
year thereafter, the Superintendent shall apportion Quality
Instruction funding to each school district and charter
school for the purposes specified in subdivision (c), based on a per
pupil funding amount calculated pursuant to subdivision (d)
school in an amount equal to the per pupil funding amount
calculated pursuant to subdivision (c) of Section 42316 or
subdivision (c) of Sectio n 42317, multiplied by the
average daily attendance as determined at the second principal
apportionment for that school district or charter school in that
fiscal year.
(c) It is the intent of the Legislature to enable school districts
and charter schools to use Quality Instruction funding, in
conjunction with other base funding provided to school districts and
charter schools, to maintain and improve high-quality instruction in
all classrooms and to enable school districts and charter schools to
direct resources toward improving the academic performance of all
pupils by supporting teaching and instructional leadership.
(d) Nothing in this section shall be interpreted to authorize a
school district that receives funding on behalf of a charter school
pursuant to Section 47651 to redirect this funding for another
purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
(e) The department shall ensure that funds apportioned pursuant to
this section are separately accounted for in the Standardized
Account Code Structure in a manner that allows these funds and the
resulting expenditure of these funds to be differentiated from funds
apportioned pursuant to other sections of law.
42316. (a) For each school district and charter
school identified as reporting average daily attendance, as
determined at the 2014-15 second principal apportionment, based on
the attendance of pupils in kindergarten and grades 1 to 3,
inclusive, the Quality Instruction funds apportioned shall be used
for purposes specified in subdivision (b).
(c)
(b) Unless otherwise prohibited under federal law or
otherwise specified in this section, school districts and charter
schools shall use funding received pursuant to subdivision
(b), (b) of Section 42315 for any of the
following purposes:
(1) To reduce class sizes in kindergarten and grades 1 to 3,
inclusive .
(2) To provide professional development training to teachers,
administrators, and staff on any of the following areas:
(A) The state academic content standards adopted by the state
board pursuant to Section 60605.8.
(B) The curriculum frameworks adopted by the state board pursuant
to Section 60200.
(C) The English language development standards adopted by the
state board pursuant to Section 60811.
(3) To provide leadership coaching and individualized support to
schoolsite staff and administrators in order to support staff in
becoming instructional leaders and administrators.
(4) To provide teacher, administrator, and staff mentoring or
coaching in order to support beginning teachers with the goal of
increasing academic achievement.
(5) To establish teacher recruitment programs that provide
professional development assistance to paraprofessionals in order for
them to obtain a teaching credential.
(6) To establish intern programs to provide an alternative route
for individuals to obtain a teaching credential.
(7) To provide support for beginning teacher support and
assessment.
(d)
(c) (1) For the 2015-16 fiscal year, the per pupil
funding amount for each school district and charter school
identified in subdivision (a) shall be calculated by dividing
the school district's average daily attendance, as
determined at the 2014-15 second principal apportionment, into the
sum of the school district's allocations from the
following amounts:
(A) Funding provided pursuant to Items 6110-137-0001,
6110-144-0001, 6110-234-0001, 6110-244-0001, 6110-245-0001,
6110-260-0001, and 6110-267-0001 of Section 2.00 of the annual Budget
Act as those items are funded for the 2014-15 fiscal year.
(B) Funding provided pursuant to Schedules (1) and (2) of Item
6110-193-0001 of Section 2.00 of the annual Budget Act as that item
is funded for the 2014-15 fiscal year.
(C) Funding provided pursuant to Item 6110-195-0001 of Section
2.00 of the annual Budget Act as that item is funded for the 2014-15
fiscal year, excluding any funds necessary to fund awards for
teachers who have previously met the requirements necessary to obtain
these awards, until the award is paid in full.
(2) For the 2016-17 fiscal year and every fiscal year thereafter,
the per pupil funding amount for each school district and charter
school identified in subdivision (a) shall be calculated
to be the amount calculated pursuant to this subdivision for the
prior fiscal year.
(e) It is the intent of the Legislature to enable school districts
and charter schools to use Quality Instruction funding, in
conjunction with other base funding provided to school districts and
charter schools, to maintain and improve
high-quality instruction in all classrooms and to
enable school districts and charter schools to direct resources
toward improving the academic performance of all pupils by supporting
teaching and instructional leadership.
(f) Nothing in this section shall be interpreted to authorize a
school district that receives funding on behalf of a charter school
pursuant to Section 47651 to redirect this funding for another
purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
42317. (a) For each school district and charter school not
identified pursuant to subdivision (a) of Section 42316, the Quality
Instruction funds apportioned shall be used for the purposes
specified in subdivision (b).
(b) Unless otherwise prohibited under federal law or otherwise
specified in this section, school districts and charter schools shall
use funding received pursuant to subdivision (b) of Section 42315,
for any of the following purposes:
(1) To provide professional development training to teachers,
administrators, and staff on any of the following areas:
(A) The state academic content standards adopted by the state
board pursuant to Section 60605.8.
(B) The curriculum frameworks adopted by the state board pursuant
to Section 60200.
(C) The English language development standards adopted by the
state board pursuant to Section 60811.
(2) To provide leadership coaching and individualized support to
schoolsite staff and administrators in order to support staff in
becoming instructional leaders and administrators.
(3) To provide teacher, administrator, and staff mentoring or
coaching in order to support beginning teachers with the goal of
increasing academic achievement.
(4) To establish teacher recruitment programs that provide
professional development assistance to paraprofessionals in order for
them to obtain a teaching credential.
(5) To establish intern programs to provide an alternative route
for individuals to obtain a teaching credential.
(6) To provide support for beginning teacher support and
assessment.
(c) (1) For the 2015-16 fiscal year, the per pupil funding amount
for each school district and charter school not identified pursuant
to subdivision (a) of Section 42316 shall be calculated by dividing
the school district's average daily attendance, as determined at the
2014-15 second principal apportionment, into the sum of the school
district's allocations from the following amounts:
(A) Funding provided pursuant to Items 6110-137-0001,
6110-144-0001, 6110-244-0001, 6110-245-0001, 6110-260-0001, and
6110-267-0001 of Section 2.00 of the annual Budget Act as those items
are funded for the 2014-15 fiscal year.
(B) Funding provided pursuant to Schedules (1) and (2) of Item
6110-193-0001 of Section 2.00 of the annual Budget Act as that item
is funded for the 2014-15 fiscal year.
(C) Funding provided pursuant to Item 6110-195-0001 of Section
2.00 of the annual Budget Act as that item is funded for the 2014-15
fiscal year, excluding any funds necessary to fund awards for
teachers who have previously met the requirements necessary to obtain
these awards, until the award is paid in full.
(2) For the 2016-17 fiscal year and every fiscal year thereafter,
the per pupil funding amount for each school district and charter
school not identified pursuant to subdivision (a) of Section 42316
shall be calculated to be the amount calculated pursuant to this
subdivision for the prior fiscal year.
SEC. 8. Section 60119 of the Education
Code is amended to read:
60119. (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
(1) (A) The governing board shall hold a public hearing or
hearings at which the governing board shall encourage participation
by parents, teachers, members of the community interested in the
affairs of the school district, and bargaining unit leaders, and
shall make a determination, through a resolution, as to whether each
pupil in each school in the district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 in each of the following
subjects, as appropriate, that are consistent with the content and
cycles of the curriculum framework adopted by the state board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English/language arts, including the English language
development component of an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board also shall make a written determination as to whether
each pupil enrolled in a foreign language or health course has
sufficient textbooks or instructional materials that are consistent
with the content and cycles of the curriculum frameworks adopted by
the state board for those subjects. The governing board also shall
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
(2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth, in the resolution, for each school in
which an insufficiency exists, the percentage of pupils who lack
sufficient standards-aligned textbooks or instructional materials in
each subject area and the reasons that each pupil does not have
sufficient textbooks or instructional materials, or both, and take
any action, except an action that would require reimbursement by the
Commission on State Mandates, to ensure that each pupil has
sufficient textbooks or instructional materials, or both, within two
months of the beginning of the school year in which the determination
is made.
(B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
(iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
(b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a). The notice
shall contain the time, place, and purpose of the hearing ,
and shall be posted in three public places in the school
district. The hearing shall be held at a time that will encourage the
attendance of teachers and parents and guardians of pupils who
attend the schools in the district , and shall not take
place during or immediately following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home , and that
each pupil within the local educational agency who is
enrolled in the same course shall have identical textbooks and
instructional materials as specified in paragraph (3) . This
paragraph does not require two sets of textbooks or instructional
materials for each pupil. The materials may be in a digital format as
long as each pupil, at a minimum, has , and can access
, the same materials in the class and to take home
, as all other pupils in the same class or course
in the district , and has the ability to use and access
them at home.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
(3) For purposes of this section, "identical" means that each
local educational agency provides each pupil with standards-aligned
textbooks or instructional materials from the same adoption,
consistent with this section and Section 60422. This section does not
require a local educational agency to purchase all of the
instructional materials included in an adoption if the materials that
are purchased are made available to all of the pupils for whom they
are intended in all of the schools within the jurisdiction of the
local educational agency.
(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.