BILL NUMBER: SB 1394 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2014
INTRODUCED BY Senator Wyland
FEBRUARY 21, 2014
An act to amend Section 42238.07 of the Education Code, relating
to education finance, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Wyland. Education finance: local control
funding formula: implementing regulations.
(1) Existing law establishes a public school financing system that
requires state funding for county superintendents of schools, school
districts, and charter schools to be calculated pursuant to a local
control funding formula, as specified. Existing law requires the
State Board of Education to adopt regulations that govern the
expenditure of funds apportioned on the basis of the number and
concentration of unduplicated pupils, as specified.
This bill would require the state board, on or before January 31,
2015, to amend those regulations to require an expenditure made
pursuant to the local control funding formula for the primary benefit
of unduplicated pupils to be expended on programs or services that
are evidence based and have been shown to be effective in increasing
the academic performance of those pupils and
, to require the State Department of Education to suspend
funding received pursuant to the local control funding formula
to a county office of education, a school district, or a
charter school if the department makes a specified
finding. finding, and to prohibit a school district,
county office of education, or charter school from receiving funding
if the school district, county office of education, or charter school
does not submit a local control and accountability plan that
includes evidence-based programs that have been proven to be
effective. The bill would state a related intent of the
Legislature.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42238.07 of the Education Code is amended to
read:
42238.07. (a) On or before January 31, 2014, the state board
shall adopt regulations that govern the expenditure of funds
apportioned on the basis of the number and concentration of
unduplicated pupils pursuant to Sections 2574, 2575, 42238.02, and
42238.03. The regulations shall include, but are not limited to,
provisions that do all of the following:
(1) Require a school district, county office of education, or
charter school to increase or improve services for unduplicated
pupils in proportion to the increase in funds apportioned on the
basis of the number and concentration of unduplicated pupils in the
school district, county office of education, or charter school.
(2) Authorize a school district, county office of education, or
charter school to use funds apportioned on the basis of the number of
unduplicated pupils for schoolwide purposes, or, for school
districts, districtwide purposes, for county offices of education,
countywide purposes, or for charter schools, charterwide purposes, in
a manner that is no more restrictive than the restrictions provided
for in Title I of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
(b) The state board may adopt emergency regulations for purposes
of this section.
(c) On or before January 31, 2015, the state board shall amend the
regulations adopted pursuant to subdivision (a) to include
provisions that do both all of the
following:
(1) Require an expenditure made pursuant to the local control
funding formula for the primary benefit of pupils to whom one or more
of the definitions in Section 42238.01 applies to be expended on
programs or services that are evidence based and have been shown to
be effective in increasing the academic performance of those pupils.
(2) Require the department to suspend funding received pursuant to
the local control funding formula if the department makes a finding
of any of the following: that a local control
and accountability plan, adopted pursuant to Article 4.5 (commencing
with Section 52060) of Chapter 6.1 of Part 28 of Division 4, is not
significantly improving pupil reading and comprehension
skills and English learner performance.
(3) Prohibit a school district, county office of education, or
charter school from receiving funding pursuant to the local control
funding formula if the school district, county office of education,
or charter school does not submit a local control and accountability
plan, adopted pursuant to Article 4.5 (commencing with Section 52060)
of Chapter 6.1 of Part 28 of Division 4, that includes
evidence-based programs that have been proven to be effective.
(A) The program or service is not meeting the targeted goals
outlined by the local control funding formula.
(B) The local control and accountability plan, adopted pursuant to
Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part
28 of Division 4, is not being adhered to by a county board of
education, a governing board of a school district, or a governing
body of a charter school.
(C) The county office of education is not properly holding the
governing board of a school district, the governing body of a charter
school, and schools accountable for program performance.
SEC. 2. It is the intent of the Legislature that any expenditures
made pursuant to the local control funding formula in the Budget Act
of 2013 for the primary benefit of pupils to whom one or more of the
definitions in Section 42238.01 of the Education Code apply shall be
expended on programs or services that are evidence based and have
been shown to be effective in increasing the academic performance of
those pupils.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to include sufficient accountability measures in the
local control funding formula and the regulations adopted by the
State Board of Education in January 2014 to implement the local
control funding formula, it is necessary that this bill go into
immediate effect.