Bill Text: CA AB275 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 APRIL 25, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Alejo
FEBRUARY 11, 2013
An act to amend Section 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.
Existing
(1) Existing law requires the
State Board of Education to adopt a state master plan for services to
children identified as migrant children.
Existing law also requires the Superintendent of Public Instruction
to take the steps necessary to ensure effective parental involvement
throughout the state migrant education program, which include
establishing a statewide parent advisory council, as specified, to
participate in the planning, operation, and evaluation of the state
migrant education program. Existing law further requires the council
to meet a minimum of 6 times per calendar year to provide input on
issues relating to the operation of the program.
This bill would instead require the council to meet 9
times per calendar year to provide input on issues relating to the
operation of the program. 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 for the education of regional personnel
responsible for evaluation of migrant education programs, and 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
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 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.
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. 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. 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. The bill would revise various
findings and declarations relating to migrant education programs, and
would make other conforming 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 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 "migrant "migratory
child" may be deemed a migrant
migratory child for a period, not in excess of three years,
during which the child resides in an area where programs are provided
for migrant migratory children.
Priority for the provision of services shall be consistent with
federal statutes and regulations governing migrant education
programs.
SEC. 3. Section 54442 of the Education
Code is amended to read:
54442. (a) The state board shall adopt a
state master plan for services to migrant
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:
(a)
(1) Instructional activities on a regular and extended
year basis. These activities shall be designed to identify, assess,
and provide treatment for academic deficiencies of migrant
migratory children. Special emphasis shall be
given to oral and written communications,
communication, reading, and mathematics. Small group or
individual instruction and tutorial services shall be provided to
assist migrant migratory children to
attain normal progress rates 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.
(b)
(2) 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 migrant
migratory children, including dental, emotional,
or environmental conditions. To the extent possible, existing
community resources will shall be
utilized to provide these services.
(c)
(3) 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 migrant
migratory children.
(d)
(4) Supportive services including transportation,
family liaison, and other services necessary to the success of the
programs.
(e)
(5) Child development activities including, but not
limited to, social, sensorimotor, conceptual and language
development, and perceptual discrimination activities for
migrant migratory infants and prekindergarten
children who are too young to participate in instructional services
normally provided by the public schools.
(f)
(6) 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 .
(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) 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. Section 54442.1 is added to the
Education Code , to read:
54442.1. 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.
SEC. 5. Section 5 4442.2 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. Section 54442.3 is a dded to
the Education Code , to read:
54442.3. 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.
SEC. 7. Section 54442.4 is added to the
Education Code , to read:
54442.4. 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. 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 which
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
migrant 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 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 shall present the data in a format
that is readily accessible to migratory parents, teachers, and
community representatives.
(h)
(i) School districts and other education agencies shall
be eligible to apply for funding to serve migrant
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 include time 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. Section 54444.1 of the
Education Code is amended to read:
54444.1. (a) In implementing the state master plan for services
to migrant migratory children, the
Superintendent shall establish the service regional system as the
primary method for the delivery of services to migrant
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 migrant migratory and seasonal
agricultural workers and fishermen.
(2) Regional service centers shall be located in areas with high
concentrations of migrant 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 migrant
migratory and seasonal agricultural workers with families
rather than single adults.
(C) In areas where migrant 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 prior to before submission of the
application and have agreed upon the formation of, and participation
in, the region and a general delineation of the services
which that will be provided in the region.
Directly
(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 inservice activities and
conferences.
(c) The department may directly fund local educational agencies,
in whole or in part, to provide services to eligible migrant
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 migrant children; 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 migrant
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 migrant
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 migrant
migratory pupils are enrolled. The basic responsibilities of
these three parties shall be as specified in Section 54444.4.
The
(2) The parties, whether regional
or directly funded, shall take the necessary steps to ensure the
effective involvement of the migrant parent advisory
committee council for that district or agency.
Representatives of the migrant parent advisory committee
council shall have the right to
be present and participate in all deliberations between the
parties regarding the service agreement or any subsequent changes
thereto to the service agreement . The
service agreement shall include a signed statement from the officers
of the migrant parent advisory committee
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 (h)
(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.
SECTION 1. SEC. 11. Section 54444.2
of the Education Code is amended to read:
54444.2. (a) The Superintendent of Public Instruction
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
migrant migratory children, and shall be
elected by the parents of migrant 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.
(B) At least two-thirds of the members of each parent advisory
council shall be the parents of migrant
migratory children. Each parent advisory council shall have the
responsibilities listed in subdivision (a) of Section 54444.4.
(2) 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 migrant
migratory children, and shall be nominated and elected by
the parents of migrant 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 migrant migratory children. 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 meetings may be called at the discretion of the state
director.
(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, 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 a pproval.
(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
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) That summer
school programs meet the following time requirements:
(A)
(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.
(B)
(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.
(C)
(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.
Exemptions
(b) Exemptions from the
requirements of this paragraph subdivision
(a) 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 subdivision (a) , 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 based upon the submission of an
application which is in the form prescribed and furnished by the
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 the
establishment of the summer school program.
(3) That the summer school program contains coursework which 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 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) 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 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 the Superintendent of Public Instruction determines that
requests from prospective users of these facilities were denied
without just cause, the 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. 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 year-end 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 migrant 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 for , support
services, 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 of Education
state board and the department shall be as set
forth in the State Master Plan for Migrant Education developed under
Section 54442.
SEC. 14. 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.
