Bill Text: CA AB275 | 2013-2014 | Regular Session | Amended
Bill Title: Migrant education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB275 Detail]
Download: California-2013-AB275-Amended.html
BILL NUMBER: AB 275 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Alejo
FEBRUARY 11, 2013
An act to amend Sections 54440, 54441.5, 54442,
54443.1, 54444.1, 54444.2, 54444.3, and 54444.4 of, and to add
Sections 54442.1, 54442.2, 54442.3, 54442.4, 54442.5,
and 54444.6 to, the Education Code, relating to migrant
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 275, as amended, Alejo. Migrant education.
(1) Existing law requires the State Board of Education to adopt a
state master plan for services to children identified as migrant
children.
This bill would change references from "migrant child" to
"migratory child," and would require the state master plan to be
developed and revised as necessary by the Superintendent of Public
Instruction in consultation with the State Parent Advisory Council.
The bill would specify additional services and
elements that would be required as part of the plan, and would
require the Superintendent to develop a monitoring instrument and
procedure to annually monitor each local educational agency and
region receiving funds for the provision of services to migratory
children. The bill would set forth the primary objectives of the
state's monitoring activities, including, among others, improving
educational results and outcomes for migratory children. The
Superintendent would be required to periodically sponsor or conduct
workshops or seminars local training
for the education of regional operating agency personnel
responsible for evaluation of migrant education programs,
and programs and for assisting regions and
local educational agencies in the development and implementation of
certain policies and procedures relating to the identification of
certain youth for eligibility for migratory services and
programs. The bill would require the Superintendent to submit
to the State Board of Education, the Legislature, and the Governor a
triennial performance report of the migrant education programs.
The bill would require the Superintendent to develop a
process to ensure that all migratory youth enrolled in juvenile court
schools and other alternative education placements are properly
identified and receive services for which they are eligible.
(2) Existing law requires migrant education programs to include
certain components and services, including, among others, an
assessment of the educational and health needs of each participating
pupil.
This bill would require the collection and accessibility
of regional service centers to collect and report to
the State Department of Education individual and aggregate data
with specified information relating to migratory pupils.
(3) Existing law requires the Superintendent to establish the
service regional system as the primary method for delivery of
services to migrant children, and requires the Superintendent to
review and approve plans based on specified criteria.
This bill would include among that criteria a written evaluation
plan that describes how an operating agency will measure annual pupil
progress and overall success of its program. The bill would
authorize the Superintendent to establish a regional directors'
council comprised of project administrators from each of the
operating agencies or directly funded school districts responsible
for administering the migrant education program at the regional or
district level.
(4) Existing law requires the Superintendent to establish rules
and regulations to require each operating agency receiving migrant
education funds or services to actively solicit parental involvement
in the planning, operation, and evaluation of its programs through
the establishment of, and consultation with, a parent advisory
council. Existing law further requires each parent advisory council
to hold meetings on a regular basis during the operation of the
regular program, but not less than six times during the year.
This bill would instead require each parent advisory council to
hold meetings on a regular basis during the operation of the regular
program, but not less than six times during the year for two
consecutive days each time.
(4)
(5) Existing law requires the Superintendent to
establish a State Parent Advisory Council and requires the council to
prepare and submit an annual report to the Legislature, the
State Board of Education, and the Governor regarding the status of
the migrant education program meet a minimum of 6
times per year .
This bill would require the State Department of Education
to provide necessary technical assistance and support in preparing
the report and would require certain additional information to be
included in the report instead require the council to
meet a minimum of 9 times per year, would provide that additional
meetings may be called by mutual agreement between the Superintendent
and the state director, and would require all meetings of the
council to be held pursuant to certain open meeting provisions
. The bill would also require the Superintendent, upon request and
when practicable, to provide certain documents that the
Superintendent is required to provide under existing law in a
language understandable to each member of the council.
(5) Existing law requires each operating agency receiving certain
federal migrant education funding to conduct summer school programs
for eligible migrant children in accordance with specified
requirements.
This bill would delete numerous requirements specified under those
provisions.
(6) Existing law sets forth responsibilities of parent advisory
councils at the district, regional, and state levels.
This bill would also include, as an additional
responsibility, a review of aggregate data collected for migratory
pupils, as specified revise one of those
responsibilities . The bill would require a local educational
agency and region receiving funds for the provision of services to
migratory children to include an evaluation of the overall program
effectiveness for the prior year , as provided .
The bill would revise various findings and declarations relating to
migrant education programs, and would make other conforming changes.
(7) This bill would make other related changes and various
conforming and nonsubstantive changes.
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. Section 54440 of the Education Code
is amended to read:
54440. The Legislature finds and declares all of the following:
(a) A significant number of children under 18 years of age whose
parents are migratory agricultural workers or migratory fishermen
reside in California for at least a part of each year. These
children, from among the least affluent segments of American society,
tend to move frequently, attend school irregularly, and suffer
health problems and language barriers. This results in many becoming
early school dropouts, poorly prepared to enter the workforce or for
academic success and upward social mobility.
(b) The problems of children of migratory agricultural parents and
of migratory fisherman parents are of such magnitude and severity
that local school districts have been unable to solve them with the
resources normally available. It is, therefore, necessary for the
state to aid local school districts through regional coordinating
offices and the provision of special programs of educational and
related services for these children.
(c) A recent audit completed by the State Auditor identified
deficiencies in the evaluation and oversight by the State Department
of Education of the implementation of programs for migratory children
and identified the need for more comprehensive data regarding pupil
achievement and success measures for those programs.
SEC. 2. SECTION 1. Section 54441.5
of the Education Code is amended to read:
54441.5. With the concurrence of the child's parent, a child who
has been identified as a "migratory child" may be deemed a migratory
child for a period, not in excess of three years, during which the
child resides in an area where programs are provided for migratory
children. Priority for the provision of services shall be consistent
with federal statutes and regulations governing migrant education
programs.
SEC. 3. SEC. 2. Section 54442 of the
Education Code is amended to read:
54442. (a) The state board
shall adopt a state master plan for services to migratory children.
The plan shall be developed and revised as necessary by the
Superintendent, in consultation with the State Parent Advisory
Council established pursuant to Section 54444.2. The plan shall
include all of the following:
(1)
(a) Instructional activities on a regular and extended
year basis. These activities shall be designed to identify, assess,
and provide treatment for academic deficiencies of migratory
children. Special emphasis shall be given to oral and written
communication, reading, and mathematics. Small group or individual
instruction and tutorial services shall be provided to assist
migratory children to meet the same academic content and achievement
standards that all children are expected to meet in all subject
areas. All instructional services shall be provided as supplements to
regular programs of instruction provided by the public schools for
all children.
(2)
(b) Health and welfare services. These services shall
be designed to identify, assess, and provide treatment for conditions
that interfere with the education and learning of migratory
children, including dental, emotional, or environmental conditions.
To the extent possible, existing community resources shall be
utilized to provide these services.
(3)
(c) Preservice and in-service education of professional
and nonprofessional personnel. This education shall be planned to
prepare school administrators, teachers, aides, and other personnel
to meet the special needs of migratory children.
(4)
(d) Supportive services including transportation,
family liaison, and other services necessary to the success of the
programs.
(5)
(e) Child development activities including, but not
limited to, social, sensorimotor, conceptual and language
development, and perceptual discrimination activities for migratory
infants and prekindergarten children who are too young to participate
in instructional services normally provided by the public schools.
(6)
(f) The active involvement of migratory parents,
teachers, schools, and community representatives in the local
planning, implementation, and improvement of migrant education
programs, including, but not limited to, review of the data
collected for migratory pupils pursuant to paragraph (8) to monitor
and evaluate pupil progress and program effectiveness.
programs.
(7) Support services and technical assistance for members of the
State Parent Advisory Council. The department shall ensure that
members are provided with sufficient resources and supports to enable
the State Parent Advisory Council to fulfill its statutory purpose
and responsibilities.
(8)
(g) An evaluation and monitoring component that
specifically provides for oversight and evaluation of the operating
agencies, school districts, and schools on a biannual basis by the
department to ensure that migrant education programs are effective
and operating in a manner consistent with federal statutes and
regulations. The department shall evaluate migrant education programs
using systematic, methodical, and sound evaluation instruments
designed to measure program implementation and program results.
(9) Collection of individual and aggregate data for migratory
pupils to increase accountability for migratory pupil achievement and
facilitate program evaluation. The department shall collect and make
accessible to migrant regional directors data for migratory pupils
regarding:
(A) Identification and recruitment.
(B) Preschool participation.
(C) Enrollment in kindergarten and grades 1 to 12, inclusive.
(D) Enrollment in alternative education programs by type of
program, including, but not limited to, community schools, community
day schools, continuation high schools, and juvenile court schools.
(E) Participation in independent study and credit accrual
programs.
(F) Designation and redesignation of English learners.
(G) Course enrollment, including, but not limited to, courses
fulfilling A-G subject area requirements.
(H) Suspension and expulsion.
(I) Truancy and chronic absenteeism.
(J) Referral to a school attendance review board.
(K) Disciplinary transfer.
(L) Retention.
(M) Dropout.
(N) California high school exit examination results.
(O) Graduation.
(P) Postsecondary education enrollment.
(Q) Vocational program enrollment.
(R) Other information deemed necessary by the Superintendent in
consultation with the State Parent Advisory Council.
(b) The department shall present the data in a format that is
readily accessible to migratory parents, teachers, community
representatives, and the regional director's council.
SEC. 4. SEC. 3. Section 54442.1 is
added to the Education Code, to read:
54442.1. (a) The Superintendent shall
develop a monitoring instrument and monitoring procedure that
provides for annual monitoring of each local educational agency and
region receiving funds for the provision of services to migratory
children, and that addresses each component identified in Section
54444.6 and all federal requirements set forth under Section 6391 of
Title 20 of the United States Code and its corresponding regulatory
provisions. The monitoring procedure shall include onsite monitoring
of each operating agency receiving migrant education funds
at least every three years .
(b) The primary objectives of the Superintendent's monitoring
activities pursuant to subdivision (a) shall include, but are not
limited to, all the following:
(1) Improving educational results and outcomes for all migratory
children.
(2) Ensuring that regional operating agencies, school districts,
and schools provide appropriate educational services to migratory
children in a manner that addresses their special needs, including
language access needs, in a coordinated and efficient manner.
(3) Ensuring that regional operating agencies, school districts,
and schools afford migratory pupils full and appropriate
opportunities to effectively participate in the general education
program and have access to courses needed to graduate.
(4) Identifying and addressing disproportionate discipline of
migratory pupils, migratory pupil enrollment in alternative education
programs, and migratory pupil participation in independent study.
SEC. 5. Section 54442.2 is added to the
Education Code, to read:
54442.2. The primary objectives of the state's monitoring
activities shall be the following:
(a) Improving educational results and outcomes for all migratory
children.
(b) Ensuring that regional operating agencies, school districts,
and schools provide appropriate educational services to migratory
children in a manner that addresses their special needs, including
language access needs, in a coordinated and efficient manner.
(c) Ensuring that regional operating agencies, school districts,
and schools afford migratory pupils full and appropriate
opportunities to effectively participate in the general education
program and have access to courses needed to graduate.
(d) Identifying and addressing disproportionate discipline of
migratory pupils, migratory pupil enrollment in alternative education
programs, and migratory pupil participation in independent study.
SEC. 6. SEC. 4. Section
54442.3 54442.2 is added to the Education Code,
to read:
54442.3. 54442.2. The
Superintendent shall periodically sponsor or conduct
workshops and seminars for the education of regional operating agency
personnel assigned to, and responsible for, the evaluation of
migrant education programs. local training for both of
the following purposes:
(a) The education of regional operating agency personnel assigned
to, and responsible for, the evaluation of migrant education
programs.
(b) Assisting regions and local educational agencies in the
development and implementation of policies and procedures to ensure
that, at the time of transfer into juvenile court schools or
alternative educational placement, a youth who is not already
identified as a migratory youth is properly assessed to determine his
or her eligibility for migratory services and programs and, once
enrolled in these services or programs, to ensure that the youth
receives all the services to which he or she is eligible.
SEC. 7. SEC. 5. Section
54442.4 54442.3 is added to the Education Code,
to read:
54442.4. 54442.3. The
Superintendent shall submit to the state board, the Legislature, in
accordance with Section 9795 of the Government Code, and the
Governor, a triennial performance report of the migrant education
programs.
SEC. 8. Section 54442.5 is added to the
Education Code, to read:
54442.5. The Superintendent shall develop a process to ensure
that all migratory youth enrolled in juvenile court schools and other
alternative education placements under the department are properly
identified and receive all the services to which they are eligible.
The department shall work with regions and local educational agencies
to develop policies and procedures to ensure that at the time of
transfer and enrollment in these schools, migratory youth who are not
already identified are properly assessed to determine if they are
eligible for migratory services and programs.
SEC. 9. SEC. 6. Section 54443.1 of
the Education Code is amended to read:
54443.1. Migrant education programs shall include all of the
following:
(a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education, bilingual-crosscultural
education, school improvement programs, and other programs serving
the pupil.
(b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to be
served.
(c) A comprehensive program to meet the educational, health, and
related needs of participating pupils that is supplemental to the
program that the operating agency is otherwise required to provide.
The program shall include, but need not be limited to, the following:
(1) Academic instruction.
(2) Remedial and compensatory instruction.
(3) Bilingual and crosscultural instruction, which may include
supplemental language support services and programs specially
designed to meet the unique needs of indigenous migratory children.
(4) Career technical instruction.
(5) Counseling and career education services.
(6) Preschool services in accordance with Section 54443.
(7) Other educational services that are not available in
sufficient quantity or quality to eligible migratory children.
(8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.
(9) Other related services to meet the special identified needs of
eligible migratory children that are necessary to enable these
children to effectively participate in instructional services.
(10) The coordination and teaming of existing resources serving
migratory pupils, such as bilingual-crosscultural education, health
screening, and compensatory education.
(d) A brief individual learning plan listing the services to be
provided to each pupil shall be provided in writing or at a parent
conference to the parent or guardian of each participating pupil,
annually and each time the pupil moves to a new district or
experiences a change in school placement or educational program.
(e) Staffing and staff development plans and practices to meet the
needs of migratory pupils and implement the program.
(f) Parent and community involvement as specified in Section
54444.2.
(g) Evaluations that shall include annual pupil progress and
overall program effectiveness and quality control reports in
accordance with Section 54444.6.
(h) (1) Collection and accessibility of
Regional service centers shall collect and report to the
department individual and aggregate data for migratory pupils
regarding all of the following:
(A) Identification and recruitment.
(B) Preschool participation.
(C) Enrollment in kindergarten and grades 1 to 12, inclusive.
(D) Enrollment in alternative education programs by type of
program, including, but not limited to, community schools, community
day schools, continuation high schools, and juvenile court schools.
(E) Participation in independent study and credit accrual
programs.
(F) Designation and redesignation of English learners.
(G) Course enrollment, including, but not limited to, courses
fulfilling A-G subject area requirements.
(H) Suspension and expulsion.
(I) Truancy and chronic absenteeism.
(J) Referral to a school attendance review board.
(K) Disciplinary transfer.
(L) Retention.
(M) Dropout.
(N) California high school exit examination results.
(O) Graduation.
(P) Postsecondary education enrollment.
(Q) Vocational program enrollment.
(R) Other information deemed necessary by the Superintendent in
consultation with the State Parent Advisory Council.
(2) Migrant education programs The
department shall present make the
data available in a format that is readily accessible to
migratory parents, teachers, and community representatives.
(i) School districts and other education agencies shall be
eligible to apply for funding to serve migratory pupils upon
application to their respective region, or, if they meet the criteria
established in subdivision (b) of Section 54444.1, to the
department. Operating agencies shall include in their application a
description of how the entities will coordinate the planning,
budgeting, and operation of the migrant education programs with the
planning, budgeting, and operation of other federal and state
education programs addressing the needs of the same or similar pupils
of the operating agency. The description shall includetime lines and
cover services provided through school improvement, nonmigrant Title
I, state compensatory and limited- and non-English proficient, Title
VII, and other funds. If the application meets state and federal
requirements, negotiations for an appropriate service agreement shall
begin involving the parties listed in subdivision (a) or (b) of
Section 54444.1.
SEC. 10. SEC. 7. Section 54444.1 of
the Education Code is amended to read:
54444.1. (a) In implementing the state master plan for services
to migratory children, the Superintendent shall establish the service
regional system as the primary method for the delivery of services
to migratory children. The Superintendent shall review and approve
plans for the establishment of service regions and shall incorporate
the following criteria in the approval of regional plans:
(1) The boundaries of regions shall include all geographic areas
with migratory and seasonal agricultural workers and fishermen.
(2) Regional service centers shall be located in areas with high
concentrations of migratory and seasonal agricultural workers and
fishermen. Regional headquarters shall be located as follows:
(A) In areas requiring large numbers of these workers for a period
of at least two consecutive months during each year.
(B) In areas that normally contract for migratory and seasonal
agricultural workers with families rather than single adults.
(C) In areas where migratory and seasonal agricultural workers are
involved in the transition from hand labor to mechanization.
(3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.
(4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should have
no less than 1,500 migratory children. In no event shall a county be
split among two separate regions in order to meet the requirements
of this paragraph.
(5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.
(6) The boundaries of regions shall be drawn in a manner that
avoids excessive commuting by personnel or by participants in the
programs, not to exceed 100 miles from the schoolsite to the
operating agency.
(7) If a proposed region cannot meet the criteria established in
paragraph (4) or (6), it may request that the criteria be waived by
the state board. The waiver request shall be based upon a study,
conducted by the entities, including their respective parent advisory
councils, comprising the proposed region, that explains why the
waiver is required and that describes likely outcomes if the waiver
is not granted.
(8) A written evaluation plan that describes how the operating
agency will measure annual pupil progress and the overall success of
its program in accordance with Section 54444.6. The
evaluation plan may include the examination of preassessment and
postassessment results for migratory pupils participating in specific
interventions such as special tutoring programs and reading and math
interventions.
(b) (1) An agency meeting the criteria set forth in this
subdivision and subdivision (f) of Section 54441 may apply to the
department for designation as a region. The application shall be in a
format with sufficient information and at times designated by the
Superintendent. The application shall include documentation of active
participation, review and comment by the appropriate parent advisory
councils, and signatures by parent advisory council chairpersons
that the review and comment has taken place, and shall further
include documentation that the agencies and parent representative
comprising the proposed region have met as a group before submission
of the application and have agreed upon the formation of, and
participation in, the region and a general delineation of the
services that will be provided in the region.
(2) Directly funded districts shall be invited by the regions to
participate in regional activities and meetings. Staff and parent
advisory council members in the districts shall also be invited to
regional in service activities and conferences.
(c) The department may directly fund local educational agencies,
in whole or in part, to provide services to eligible migratory
children if it is cost effective to do so; if the applicant agency
serves not less than 1,500, nor more than 8,000, currently migratory
children; has sufficient programmatic and fiscal resources to deliver
an effective migrant education program; is in compliance with the
federal and state requirements regarding migrant education programs;
maintains an ongoing and functional parent advisory council that has
voted on a biennial basis to approve the participation in the
directly funded program, including the approval of a majority of the
members who are the parents of migratory children, and is actively
involved in the planning, review, and improvement of the program; and
maintains fiscal procedures in conformity with the requirements
adopted by the department. All districts that are directly funded on
January 1, 1982, may continue to be funded directly, provided that
the districts comply with the criteria prescribed by this
subdivision, except for the size criterion.
(d) (1) The responsibilities of the various parties involved in
the delivery of services to migratory children shall be set forth in
a service agreement. A service agreement shall be a legally binding
contract signed by the duly constituted authorities at the state,
county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall be
two parties to every service agreement; the region and the district
or other operating agencies in which the eligible migratory pupils
are enrolled. When a district or agency is funded directly by the
state, the parties to the service agreement shall include the
department and the district or operating agency in which the eligible
migratory pupils are enrolled. The basic responsibilities of these
three parties shall be as specified in Section 54444.4.
(2) The parties, whether regional or directly funded, shall take
the necessary steps to ensure the effective involvement of the
migrant parent advisory council for that district or agency.
Representatives of the migrant parent advisory council shall be
present and participate in all deliberations between the parties
regarding the service agreement or any subsequent changes to the
service agreement. The service agreement shall include a signed
statement from the officers of the migrant parent advisory council
signifying that the participation has occurred.
(e) The Superintendent shall develop an annual operating calendar
for regions and directly funded districts, including dates for the
submission and approval of applications and service agreements. Any
changes in regional boundaries for the subsequent fiscal year shall
be made and approved by December 31 of the current year. Any changes
in funding allocations for regions shall be made by December 31 of
the current year or immediately after notification of a federal grant
award.
(f) The Superintendent shall preserve the supplemental nature of
the migrant education program. The program shall be maintained
outside the supervision or above the administrative level of the
consolidated application programs. The Superintendent shall not
incorporate the migrant education program into the consolidated
application process, except as provided below:
(1) Directly funded districts may apply for migrant education
funds as part of their consolidated application provided the district
parent advisory council on migrant education approves the inclusion.
(2) A copy of the district's annual application for migrant
education funds as required by subdivision (i) of Section 54443.1
shall be attached to the district's annual consolidated application.
(g) The Superintendent may establish a regional directors' council
comprised of project administrators from each of the operating
agencies or directly funded school districts responsible for
administering the migrant education program at the regional or
district level. The regional directors' council may advise the
department on matters relating to the implementation of the migrant
education program as outlined in Section 54443.1. The regional
directors' council shall not be consulted in lieu of the State Parent
Advisory Council established pursuant to Section 54444.2. The State
Parent Advisory Council shall be provided with copies of any written
input provided by the regional directors in appropriate languages,
and shall have the opportunity to participate, through a
representative designated by the State Parent Advisory Council in all
meetings between the regional directors' council and the department.
Nothing in this subdivision shall be construed to undermine the
role, purpose, or participation of the State Parent Advisory Council.
SEC. 11. SEC. 8. Section 54444.2 of
the Education Code is amended to read:
54444.2. (a) The Superintendent shall take the steps necessary to
ensure effective parental involvement throughout the state migrant
education program, which shall include, but need not be limited to,
the following:
(1) The Superintendent shall adopt rules and regulations
requiring each operating agency receiving migrant education funds or
services to actively solicit parental involvement in the planning,
operation, and evaluation of its programs through the establishment
of, and consultation with, a parent advisory council.
(A) The membership of each parent advisory council shall be
composed of members who are knowledgeable about the needs of
migratory children, and shall be elected by the parents of migratory
children enrolled in the operating agency's programs. The composition
of the council shall be determined by the parents at a general
meeting to which all parents of pupils enrolled in the migrant
program shall be invited. Parents shall be informed, in a language
they understand, that the parents have the sole authority to decide
on the composition of the council. All parent candidates for the
council shall be nominated by parents; nonparent candidates shall be
nominated by the groups they represent: teachers by teachers,
administrators by administrators, other school personnel by other
school personnel, and pupils by pupils. All other community
candidates shall be nominated by the parents. Each parent advisory
council shall hold meetings on a regular basis during the operation
of the regular program, but not less than six times during the year
for two consecutive days each time .
(B) At least two-thirds of the members of each parent advisory
council shall be the parents of migratory children. Each parent
advisory council shall have the responsibilities listed in
subdivision (a) of Section 54444.4.
(2) (A) The Superintendent shall establish a
statewide parent advisory council that shall participate in the
planning, operation, and evaluation of the state migrant education
program. The membership of the statewide parent advisory council
shall be composed of members who are knowledgeable about the needs of
migratory children, and shall be nominated and elected by the
parents of migratory children enrolled in the operating agencies. At
least two-thirds of the members of the State Parent Advisory Council
shall be the parents of migratory children. The
(B) (i) The
state council shall meet a minimum of nine times per calendar year
to provide input on issues relating to the operation of the program.
Special
(ii) Additional meetings may be called by mutual agreement between
the Superintendent and the state director.
(iii) Special meetings may be
called at the discretion of the state director.
(C) All meetings of the statewide parent advisory council shall be
held pursuant to the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
(3) (A) The Superintendent also shall sponsor an annual State
Parent Advisory Council Conference. The conference shall be scheduled
during the spring of every year.
(B) The State Parent Advisory Council, with necessary
technical assistance and support from the department,
Council shall prepare and submit a report to the Legislature,
the state board, the Superintendent, and the Governor regarding the
status of the migrant education program. The report shall be
submitted within 120 days from the conclusion of a training program
on preparing the report provided by the Superintendent in accordance
with paragraph (5).
(C) The report shall include an evaluation of the migrant
education program, as required pursuant to paragraph (2) of
subdivision (a), a review of annual needs and a yearend assessment,
as required pursuant to paragraph (2) of subdivision (a) of Section
54444.4, a review of the aggregate data collected for
migratory pupils pursuant to paragraph (2) of subdivision (a) of
Section 54444.4, and policy recommendations.
(4) The Superintendent and each operating agency shall furnish,
without charge, to the statewide and operating agency parent advisory
councils and, upon request, to each member, a copy of all applicable
state and federal migrant education statutes, rules and regulations,
and guidelines. In addition, the Superintendent and each operating
agency shall furnish, without charge, to the statewide and operating
agency parent advisory councils and, upon request, to each member,
copies of all applicable state and federal audits, monitoring
reports, and evaluations. Upon request and when practicable, these
documents shall be provided in a language understandable to each
member, and each regional and state migrant education program plan
shall be provided in a language understandable to each member before
its consideration for final approval.
(5) The Superintendent and each operating agency shall establish
and implement training programs for members of the statewide and
operating agency parent advisory councils to enable them to carry out
their responsibilities. Each training program shall be developed in
consultation with the parent advisory councils, and shall include
appropriate training materials in a language understandable to each
member. Costs incurred in providing training under this paragraph,
including federally authorized expenses associated with the
attendance of members at training sessions, shall be funded, to the
extent that funds are available, by federal funds allocated to the
state, based upon the educational and related health needs of
migratory children defined in subdivisions (a) and (b) of Section
54441, and may be supported by funds from the state migrant education
program.
(b) Each operating agency that provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs.
SEC. 12. Section 54444.3 of the Education Code
is amended to read:
54444.3. (a) Each operating agency receiving Title I Migrant
Education funding shall conduct summer school programs for eligible
migratory children in kindergarten and grades 1 to 12, inclusive. The
summer school programs shall respond to the individual needs of
participating pupils and shall build on and be consistent with the
instructional programs offered to these pupils during the regular
school year. Each summer school program shall be funded, to the
extent that funds are available, by federal funds earmarked for
migrant education programs, and shall meet the following time
requirements:
(1) For kindergarten classes, not less than 180 minutes per day,
based upon the full apportionment day of 240 minutes, including
recesses, for not less than 20 teaching days.
(2) For grades 1 to 8, not less than 200 minutes per day, based
upon the full apportionment day of 240 minutes, including recesses
and passing time but excluding noon intermissions, for not less than
20 teaching days.
(3) For grades 7 to 12, not less than 240 minutes per day,
including passing time but excluding noon intermissions, for not less
than 30 teaching days.
(b) Exemptions from the requirements of subdivision (a) may be
made by the Superintendent upon petition submitted to him or her by
the district. The basis for the exemption shall be agricultural labor
factors, climatic conditions, specialized educational programs, and
other conditions appearing to the Superintendent to warrant
exemption.
(c) For purposes of subdivision (a), holidays designated in
Section 37220 other than Saturday and Sunday may be deducted from the
required number of teaching days.
SEC. 9. Section 54444.3 of the
Education Code is amended to read:
54444.3. (a) Each operating agency receiving Title I Migrant
Education funding shall conduct summer school programs for eligible
migrant migratory children in
kindergarten and grades 1 to 12, inclusive. The summer school
programs shall respond to the individual needs of participating
pupils and shall build on and be consistent with the instructional
programs offered to these pupils during the regular school year. Each
summer school program shall be funded, to the extent that funds are
available, by federal funds earmarked for migrant education programs,
and shall meet the following criteria:
(1) (A) That summer school programs meet the
following time requirements:
(A)
(i) For kindergarten classes, not less than 180 minutes
per day, based upon the full apportionment day of 240 minutes,
including recesses, for not less than 20 teaching days.
(B)
(ii) For grades 1 to 8, not less than 200 minutes per
day, based upon the full apportionment day of 240 minutes, including
recesses and passing time but excluding noon intermissions, for not
less than 20 teaching days.
(C)
(iii) For grades 7 to 12, not less than 240 minutes per
day, including passing time but excluding noon intermissions, for
not less than 30 teaching days.
Exemptions
(B) Exemptions from the
requirements of this paragraph may be made by the Superintendent
of Public Instruction upon petition submitted to
him or her by the district. The basis for the exemption
shall be agricultural labor factors, climatic conditions, specialized
educational programs, and other conditions appearing to the
superintendent Superintendent to
warrant exemption.
For
(C) For purposes of this
paragraph, holidays designated in Section 37220 other than Saturday
and Sunday may be deducted from the required number of teaching days.
(2) That the program has been established with the prior written
approval of the superintendent Superintendent
based upon the submission of an application which
that is in the form prescribed and furnished by
the superintendent Superintendent .
Each application shall designate the persons who will exercise
administrative or supervisorial responsibilities for the summer
school program and shall be submitted prior to
before the establishment of the summer school program.
(3) That the summer school program contains coursework
which that is of the same level of difficulty in
each subject as that provided to pupils enrolled in regular classes
of instruction within the school district in the preceding year.
(4) That instructional programs are taught by staff with cultural
training or background and understanding of the special needs of
migrant migratory children, and who are
properly credentialed for the subjects and grade levels to which
they are assigned.
(5) That the summer school program supplements other summer school
programs, whether required or optional and whether federally or
state funded, operated by the school district, including the programs
for graduating high school seniors, handicapped children, pupils
enrolled in grade 11, pupils enrolled in grades 7 to 12 who do not
meet the district's adopted proficiency standards, and eligible
compensatory education pupils.
(b) (1) Each school district, county office
of education, and community college district shall, upon request,
make facilities available at cost for the operation of migrant summer
school programs whenever they are available. Where available, these
facilities shall be suitable for the summer climate. The
superintendent Superintendent may allow
neighboring districts to jointly offer facilities if he or she
determines that the use of one district's facilities for an area will
adequately meet the needs of the migrant summer school program for
the entire area.
If
(2) If the Superintendent
of Public Instruction determines that requests
from prospective users of these facilities were denied without just
cause, the superintendent Superintendent
shall reduce the district's or county superintendent's
entitlement from Section A of the State School Fund by an amount
equal to one thousand dollars ($1,000) or four times the costs to the
prospective user for alternative facilities for the entire period
for which the facilities were requested, whichever is greater.
SEC. 13. SEC. 10. Section 54444.4 of
the Education Code is amended to read:
54444.4. (a) The responsibilities of parent advisory councils at
the district, regional, and state levels shall include, but are not
limited to, all of the following:
(1) The establishment of migrant education program goals,
objectives, and priorities.
(2) The review of annual needs and yearend assessment, as well as
program activities, for each school, a review of the
aggregate data collected for migratory pupils at school, school
district, regional, and state levels, as set forth in the state
master plan developed under Section 54442, and a review of
individualized educational plans to ensure that plans are developed
and implemented in compliance with state and federal requirements.
(3) Advice on the selection, development, and reassignment of
migrant education program staff.
(4) Active involvement in the planning and negotiation of program
applications and service agreements required under Section 54444.1.
(5) All other responsibilities required under state and federal
laws or regulations.
(b) The responsibilities of the school districts or other agencies
operating programs for migratory pupils include, but are not limited
to, all of the following:
(1) Providing services in compliance with applicable state and
federal laws or regulations.
(2) Providing information to parents.
(3) Providing support to instructional staff.
(c) The responsibilities of the region include, but are not
limited to, the following:
(1) Providing funding to operating agencies within its
jurisdiction in accordance with service agreements.
(2) Providing technical assistance to operating agencies operating
under service agreements.
(3) Providing interagency coordination to improve the services
available to participating migratory pupils.
(4) Providing training, support services,
training and technical assistance to the parents and members of
school district, regional, and school parent advisory councils to
assist them in fulfilling their roles and responsibilities.
(5) Providing or arranging for staff development services for
migrant education staff at the school and district levels.
(6) Providing direct services required pursuant to a service
agreement entered into by the region.
(d) The responsibilities of the state board and the department
shall be as set forth in the State Master Plan for Migrant Education
developed under Section 54442.
SEC. 14. SEC. 11. Section 54444.6 is
added to the Education Code, to read:
54444.6. A local educational agency and region receiving funds
for the provision of services to migratory children, as part of its
refunding application, shall include an evaluation of the overall
program effectiveness for the prior year that includes all of the
following:
(a) Deficiencies in academic achievement of migratory children as
compared to nonmigratory children.
(b) Identification of, and provision of services to, migratory
children in the geographic area served by the district, agency, or
region, including out-of-school migratory youth and children and
youth enrolled in alternative and court-supervised school placements.
(c) Enrollment in preschool and kindergarten.
(d) Access to, enrollment in, and completion of courses that
fulfill the A-G subject area requirements.
(e) Dropout prevention and intervention.
(f) Retention.
(g) Truancy and pupil discipline including suspension, expulsion,
and actions resulting in disciplinary transfer or referral to a
school attendance review board.
(h) Vocational education opportunities.
(i) Graduation, including completion of the high school exit
examination.
(j) Postsecondary education enrollment.
(k) Health services.
(l) Intersession programs.
(m) Other supplemental services.
(n) Staff experience and quality.
(o) Data collection and evaluation.
(p) Records of transfer.
(q) Parental involvement, including establishment of, and
participation in, the parent advisory council, conduct of regular
meetings, participation in the development and approval of the local
migrant education plan, participation in State Parent Advisory
Council activities, and parent training.
