Bill Text: CA SB181 | 2021-2022 | Regular Session | Amended
Bill Title: Education finance: education omnibus budget trailer bill.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-06-30 - Re-referred to Com. on BUDGET pursuant to Assembly Rule 97. [SB181 Detail]
Download: California-2021-SB181-Amended.html
Amended
IN
Assembly
June 25, 2022 |
Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 313.3 of the Education Code is amended to read:313.3.
(a) On or before December 31,SEC. 2.
Section 1630 of the Education Code is amended to read:1630.
(a) The Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that contain evidence that the county office of education is demonstrating fiscal distress according to the standards and criteria developed pursuant to Section 33127, or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention based on the most common indicators of school agencies needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. If those findings are made, the Superintendent shall investigate the financial condition of the county office of education and determine if the county office of education may be unable to meet its financial obligations for the current or two subsequent fiscal years, or should receive a qualified or negative interim financial certification pursuant to Section 1240.SEC. 3.
Section 2574 of the Education Code is amended to read:2574.
For the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent annually shall calculate a county local control funding formula for each county superintendent of schools as follows:(ii)
(B)On or before March 1, 2014, the Legislative Analyst’s Office shall submit recommendations to the fiscal committees of both houses of the Legislature regarding revisions to the methods of funding pupil transportation that address historical funding inequities across county offices of education and school districts and improve incentives for local educational agencies to provide efficient and effective pupil transportation services.
SEC. 4.
Section 2575.2 of the Education Code is amended to read:2575.2.
(a) Commencing with the 2018–19 fiscal year, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of two hundred thousand dollars ($200,000) and the following:SEC. 5.
Section 2575.3 is added to the Education Code, to read:2575.3.
(a) Commencing with the 2022–23 fiscal year, the Superintendent shall add to the amounts to be apportioned pursuant to Section 2575, the amount calculated in accordance with the following:SEC. 6.
Section 2575.4 is added to the Education Code, to read:2575.4.
Commencing with the 2022–23 fiscal year, the Superintendent shall adjust the county local control funding formula calculation as follows:SEC. 7.
Section 8281.5 of the Education Code is amended to read:8281.5.
(a) The California Prekindergarten Planning and Implementation Grant Program is hereby established as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs at local educational agencies.(d)
(e)
(f)
SEC. 8.
Section 8901 of the Education Code is amended to read:8901.
For purposes of this chapter, the following definitions apply:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)A school that is not within a local educational agency that satisfies any of the criteria in paragraph (1), but the school demonstrates two or more of the criteria in paragraph (1), and the school demonstrates other factors that warrant the school’s consideration, including, but not limited to, fulfilling an exceptional need or providing service to a particular target population.
(3)
(4)A county behavioral health agency that will operate the program in partnership with at least one local educational agency that is a qualifying entity.
(5)A federal Head Start or Early Head Start program or other government-funded early childhood program or agency that will operate the program in partnership with at least one local educational agency that is a qualifying entity.
(6)A childcare program or agency within a public institution of higher education that will operate the program in partnership with at least one local educational agency that is a qualifying entity.
(h)
(i)
(j)
SEC. 9.
Section 8902 of the Education Code is amended to read:8902.
(a) The Legislature finds and declares all of the following:(7)
(1)
(2)
(3)
(4)
(5)
(6)
(2)
(2)The Superintendent shall provide a comprehensive report, on December 31, 2027, to
(n)
SEC. 10.
Section 14002 of the Education Code is amended to read:14002.
(a) (1) Notwithstanding any other law, upon certification of the Superintendent pursuant to Sections 41330, 41332, and 41335, any amount necessary to meet the requirements of programs specified in subdivision (b) during each fiscal year are hereby continuously appropriated from the General Fund to Section A of the State School Fund for allocation by the Controller.(3)
(4)
(5)
(6)
SEC. 11.
Section 14041 of the Education Code is amended to read:14041.
(a) The Controller shall draw warrants on the State Treasury in favor of the county treasurer of each county in each month of each year in the amounts and manner prescribed in this section so as to provide in each warrant a portion of the total amount certified by the Superintendent as apportioned for programs identified in paragraph (1) during the fiscal year from the State School Fund to the school districts and charter schools under the jurisdiction of the county superintendent of schools of that county, to the county school service fund of that county, and to the county school tuition fund of that county.(G)
(H)
(I)
(J)
(K)
(L)
(M)
(N)
SEC. 12.
Section 17375 of the Education Code is amended to read:17375.
(a) (1) The California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program is hereby established, under the administration of the State Allocation Board pursuant to the requirements of this section, to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing transitional kindergarten classrooms and full-day kindergarten classrooms pursuant to Section 8973, and for the construction of new preschool classrooms, the modernization of existing preschool classrooms, or the modernization of existing kindergarten and grade 1 to 12, inclusive, classrooms that would be converted to provide California state preschool programs operated by school districts on a public schoolsite, pursuant to this section.(B)
SEC. 13.
Section 35780 of the Education Code is amended to read:35780.
(a) A school district that has been organized for more than three years shall be lapsed as provided in this article if the number of registered electors in the school district is less than six or if the average daily attendance of pupils in the school or schools maintained by the school district is less than six in kindergarten and grades 1 to 8, inclusive, or is less than 11 in grades 9 to 12, inclusive. The county board of education may defer the lapsation of the school district for one year upon adoption of a resolution approved by a majority of the members of the governing board of the school district and written concurrence of the county superintendent of schools.SEC. 14.
Section 39800.1 is added to the Education Code, to read:39800.1.
(a) As a condition of receiving apportionments under Section 41850.1, a local educational agency shall develop a plan describing the transportation services it will offer to its pupils, and how it will prioritize planned transportation services for pupils in transitional kindergarten, kindergarten, and any of grades 1 to 6, inclusive, and pupils who are low income. The plan shall be adopted by the local educational agency’s governing board on or before April 1, 2023, and updated by April 1 each year thereafter. The plan shall include the following components:SEC. 15.
Section 39807.5 of the Education Code is amended to read:39807.5.
(a) WhenSEC. 16.
Section 41203.1 of the Education Code is amended to read:41203.1.
(a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989–90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution.SEC. 17.
Section 41204.7 is added to the Education Code, to read:41204.7.
(a) Notwithstanding any other law, commencing with the 2022–23 fiscal year, the Director of Finance shall annually adjust the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87 for purposes of making the calculations required under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, so that any annual increase in local control funding formula apportionments generated by an increase in average daily attendance due to the implementation of Section 48000 results in a commensurate increase in General Fund proceeds of taxes and allocated local proceeds of taxes that are required to be applied by the state for the support of school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution.SEC. 18.
Section 41480 of the Education Code is amended to read:41480.
(a) (1) The sum of one billion five hundred million dollars ($1,500,000,000) is hereby appropriated from the General Fund to the Superintendent for the Educator Effectiveness Block Grant. The Superintendent shall apportion these funds to school districts, county offices of education, charter schools, and the state special schools in an equal amount per full-time equivalent certificated staff, which shall not exceed the total certificated staff count, and full-time equivalent classified staff count, for each eligible local educational agency, in the 2020–21 fiscal year. The Superintendent shall make the calculations pursuant to this section using the data submitted through the California Longitudinal Pupil Achievement Data System and classified staff data submitted through the California Basic Educational Data System as of October 2020.SEC. 19.
Section 41490 of the Education Code is amended to read:41490.
(a) For the 2021–22 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the Superintendent to apportion to the Orange County Department of Education in the manner, and for the purposes, set forth in this section. The Orange County Department of Education shall encumber or expend the funds apportioned pursuant to this subdivision on or before June 30, 2026.SEC. 20.
Section 41544 of the Education Code is amended to read:41544.
(a) For a basic aid school district that was entitled to reimbursement pursuant to former Section 42247.4, as that section read on January 1, 2001, and that received an apportionment pursuant to subdivision (h) of former Section 42247.4, as that section read on January 1, 2001, because a court order directs pupils to transfer to that school district as part of the court-ordered voluntary pupil transfer program, the Superintendent, from the 2001–02 fiscal year to the 2012–13 fiscal year, inclusive, shall calculate an apportionment of state funds for that basic aid school district that provides 70 percent of the school district revenue limit calculated pursuant to former Section 42238, as that section read on January 1, 2013, that would have been apportioned to the school district from which the pupils were transferred for the average daily attendance of any pupils credited under that court order who did not attend the basic aid school district before the 1995–96 fiscal year.SEC. 21.
Article 8.5 (commencing with Section 41585) is added to Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education Code, to read:Article 8.5. Dual Enrollment Opportunities
41585.
(a) Contingent upon an appropriation by the Legislature in the annual Budget Act or another statute, the department, in consultation with the office of the Chancellor of the California Community Colleges, shall, beginning on or before January 1, 2023, administer a competitive grant program to do all of the following:SEC. 22.
Section 41590 of the Education Code is amended to read:41590.
(a) For the 2021–22 fiscal year, the sum of five hundred forty-seven million five hundred thirteen thousand dollars ($547,513,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the A–G Completion Improvement Grant Program in the manner and for the purpose set forth in this section.SEC. 23.
Section 41850.1 is added to the Education Code, to read:41850.1.
(a) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, the Superintendent shall apportion to each school district and county superintendent of schools that provides pupil transportation services, a transportation allowance equal to 60 percent of the home-to-school transportation expenditures reported by the school district or county superintendent of schools as determined by its Function 3600 entry in the Standardized Account Code Structure (SACS) report for the prior year, excluding capital outlay and nonagency expenditures. This allowance shall be reduced by the amount of the transportation add-on computed under paragraph (1) of subdivision (h) of Section 42238.02 and adjusted under paragraph (3) of subdivision (h) of Section 42238.02 for a school district or subparagraph (A) of paragraph (2) of subdivision (e) of Section 2574 and adjusted under subparagraph (C) of paragraph (2) of subdivision (e) of Section 2574 for a county superintendent of schools. If this reduction results in an amount less than zero, the transportation allowance under this section shall be zero.SEC. 24.
Section 41851 of the Education Code is repealed.(a)For the 1992–93 fiscal year, from Section A of the State School Fund, the Superintendent of Public Instruction shall apportion to each school district or county superintendent of schools, as appropriate, an amount computed pursuant to this section. School districts and county superintendents of schools that provide transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium shall receive transportation allowances pursuant to this section.
(b)For the 1992–93 fiscal year, each school district or county office of education shall receive a home-to-school transportation apportionment equal to the transportation allowance received in the prior fiscal year reduced by the amount of the special education transportation allowance identified pursuant to Section 41851.5.
(c)For the 1993–94 fiscal year and each fiscal year thereafter, each school district or county office of education shall receive the same home-to-school transportation allowance received in the prior fiscal year, but in no event shall that home-to-school transportation allowance exceed the prior year’s approved home-to-school transportation costs, increased by the amount provided in the Budget Act.
(d)For the 1993–94 and each fiscal year thereafter, each county unified school district for which the county board of education serves as the governing board that meets all of the following criteria shall receive an apportionment in addition to the amount received pursuant to subdivision (c) of three hundred fifty thousand dollars ($350,000):
(1)Over 50 percent of the pupils enrolled in the school district require home-to-school transportation services.
(2)Total enrollment of the school district is less than 3,500.
(3)Total miles driven each fiscal year for home-to-school transportation exceeds 350,000.
(4)The school district received an apportionment pursuant to this subdivision in the 2000–01 and 2001–02 fiscal years.
(e)If, in any fiscal year, a county unified school district operates one or more necessary small schools pursuant to Article 4 (commencing with Section 42280) of Chapter 7 that the district did not operate in the 1994–95 fiscal year, that district may not receive an apportionment pursuant to subdivision (d) in that fiscal year or in any subsequent fiscal year.
(f)If a later enacted statute amends subdivision (b) of Section 42280 or amends or adds any other provision of law authorizing a county unified school district that has 3,001 or more units of average daily attendance to be designated as a small school district for the purposes of Article 4 (commencing with Section 42280) of Chapter 7, subdivision (d) shall become inoperative on the date that the later enacted statute becomes operative.
(g)Each county unified school district that receives an additional apportionment pursuant to subdivision (d) shall report, by September 1 of each year, commencing with September 1, 1995, on the amount of revenues received and the funds expended for the home-to-school transportation program in the prior fiscal year. The report shall be submitted to the fiscal committees and education policy committees of the Legislature and to the Legislative Analyst.
SEC. 25.
Section 41851.12 of the Education Code is repealed.For purposes of this article:
(a)“Approved costs of home-to-school transportation” means the approved home-to-school transportation expense determined pursuant to the Annual Report of Pupil Transportation as utilized by the State Department of Education.
(b)“Approved costs of special education transportation” means the approved special education transportation expense determined pursuant to the Annual Report of Pupil Transportation as utilized by the State Department of Education.
SEC. 26.
Section 41851.12 is added to the Education Code, to read:41851.12.
For the purpose of making apportionments under Section 41850.1, the Superintendent shall adopt regulations.SEC. 27.
Section 41851.2 of the Education Code is repealed.No later than December 31, 1992, the Superintendent of Public Instruction shall develop and disseminate nonprescriptive guidelines for use by individualized education program teams during their annual reviews pursuant to Section 56343. The guidelines shall clarify when special education transportation services, as defined in Section 41850, are required. The guidelines shall be developed in accordance with Section 33308.5 and shall be exemplary in nature.
SEC. 28.
Section 41851.5 of the Education Code is repealed.(a)For the 1992–93 fiscal year and each fiscal year thereafter, from Section A of the State School Fund, the Superintendent of Public Instruction shall apportion to each school district or county superintendent of schools, as appropriate, an amount computed pursuant to this section. School districts and county superintendents of schools that provide special education transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium shall receive special education transportation allowances pursuant to this section.
(b)For the 1992–93 fiscal year, each school district or county office of education shall receive a special education transportation allowance equal to the lesser of the following:
(1)The prior year’s approved special education transportation costs identified pursuant to Section 41850.
(2)That portion of the prior year’s transportation allowance that the school district or county superintendent of schools designates as a special education transportation allowance.
(c)For the 1993–94 fiscal year and each fiscal year thereafter, each school district or county office of education shall receive a special education transportation allowance received in the prior fiscal year, but in no event shall that special education transportation allowance exceed the prior year’s approved special education transportation costs, increased by the amount provided in the annual Budget Act.
SEC. 29.
Section 41851.7 of the Education Code is repealed.For the purpose of receiving an allowance pursuant to this section, a school district, county superintendent, or joint powers agency which transfers any part of its pupil transportation service to another entity shall report to the Superintendent of Public Instruction the proportion of the costs in the fiscal year prior to the transfer that are attributable to the part of the service transferred. In determining the allowance for the fiscal years subsequent to the transfer, the Superintendent of Public Instruction, prior to the application of any cost-of-living adjustment, shall reduce the allowance of the entity transferring the service in proportion to the costs reported, and, if appropriate, increase or establish the allowance of the entity assuming the transferred service by that amount.
SEC. 30.
Section 41852 of the Education Code is repealed.(a)Any school district or county superintendent of schools that receives a transportation apportionment in the 1984–85 fiscal year, or any fiscal year thereafter, shall establish a restricted pupil transportation account within its general fund. The district or county superintendent shall deposit in the restricted pupil transportation account all transportation apportionments received pursuant to this article in any fiscal year and any other funds at the option of the district or county superintendent. Any funds remaining in the restricted pupil transportation account at the end of the fiscal year may remain in the restricted pupil transportation account for expenditure in subsequent fiscal years or may be transferred to the pupil transportation equipment fund.
(b)Any school district or county superintendent of schools may establish a pupil transportation equipment fund. The fund shall receive all state and local funds designated for acquisition, rehabilitation, or replacement of pupil transportation equipment. Funds deposited in the pupil transportation equipment fund shall be used exclusively for acquisition, rehabilitation and replacement of pupil transportation equipment, except as provided in Section 41853.
SEC. 31.
Section 41853 of the Education Code is repealed.If a school district or county superintendent of schools decides to discontinue its transportation services, any unencumbered funds remaining in the restricted home-to-school transportation account after transportation services are discontinued shall be transferred to the general fund of the district or county superintendent.
In the fiscal year in which the funds are transferred, the Superintendent of Public Instruction shall reduce the state apportionment pursuant to Section 2558 or 42238 to the district or county superintendent by the amount of the funds transferred from the restricted home-to-school transportation account to the general fund of the district or county superintendent, exclusive of reimbursements for prior year expenditures to Section 41851.5.
SEC. 32.
Section 41854 of the Education Code is repealed.This article shall become operative July 1, 1984.
SEC. 33.
Section 41855 of the Education Code is repealed.(a)For the 1996–97 fiscal year, the Superintendent of Public Instruction shall provide a home-to-school transportation allowance of three million twelve thousand dollars ($3,012,000) to school districts and county superintendents of schools that provide transportation services by means of a joint powers authority in lieu of the amount that would otherwise have been provided pursuant to the provisions of this article and Article 10.5 (commencing with Section 41860), if the joint powers authority meets the following conditions as of June 30, 1996:
(1)The joint powers authority provides pupils of member school districts with home-to-school transportation on school buses that are operated by the joint powers authority.
(2)The joint powers authority provides school transportation services to at least six other school districts in the area who are not members of the joint powers authority.
(3)The joint powers authority provides maintenance services for vehicles owned and operated by the member school districts, other school districts in the area, fire districts, and vehicles owned by cities or counties.
(4)The cost per mile of home-to-school transportation services provided by the joint powers authority to member districts for the 1994–95 school year did not exceed the statewide average cost per mile for home-to-school transportation for all school districts in the state for the 1994–95 school year.
(b)For the 1997–98 fiscal year and each fiscal year thereafter, the home-to-school school transportation allowance shall revert to the 1995–96 level.
SEC. 34.
Section 41856 of the Education Code is repealed.For purposes of this article and Article 10.5 (commencing with Section 41860), the home-to-school transportation allowance received by the Oakland Unified School District in the 1996–97 fiscal year and each fiscal year thereafter shall be computed as if the home-to-school transportation aid received by the school district in the 1995–96 fiscal year was two million five hundred thousand dollars ($2,500,000). The amounts allocated to the Oakland Unified School District pursuant to this section shall be contingent upon approval of the district’s home-to-school transportation costs and shall not exceed those costs.
SEC. 35.
Article 10.5 (commencing with Section 41860) of Chapter 5 of Part 24 of Division 3 of Title 2 of the Education Code is repealed.SEC. 36.
Section 42162 is added to the Education Code, immediately following Section 42161, to read:42162.
(a) By April 1, 2023, the Oakland Unified School District, in collaboration with and with the concurrence of the Alameda County Superintendent of Schools and the County Office Fiscal Crisis and Management Assistance Team, shall do all of the following:SEC. 37.
Section 42163 is added to the Education Code, immediately following Section 42162, to read:42163.
(a) By April 1, 2023, the Inglewood Unified School District shall do all of the following:SEC. 38.
Section 42238.02 of the Education Code is amended to read:42238.02.
(a) The amount computed pursuant to this section shall be known as the school district and charter school local control funding formula.SEC. 39.
Section 42238.023 is added to the Education Code, to read:42238.023.
(a) Notwithstanding any other law, for purposes of calculating local control funding formula entitlements pursuant to Sections 42238.02, 42238.03, 2574, and 2576, as applicable, if the Superintendent determines that a local educational agency’s attendance yield in the 2019–20 fiscal year is greater than the attendance yield in the 2021–22 school year, the Superintendent shall adjust the local educational agency’s 2021–22 fiscal year average daily attendance in the manner described in subdivision (b). This determination shall be made by the following calculation for each local educational agency:SEC. 40.
Section 42238.025 of the Education Code is amended to read:42238.025.
(a) In the 2013–14 fiscal year, the Superintendent shall compute an economic recovery target rate for each school district and charter school equal to the sum of the following:SEC. 41.
Section 42238.05 of the Education Code is amended to read:42238.05.
(a) For purposes of Sections 42238.02, 42238.025, and 42238.03, the fiscal year average daily attendance for a school district shall be computed pursuant to paragraphs (1) to (3), inclusive, as applicable.SEC. 42.
Section 42238.051 of the Education Code is amended to read:42238.051.
(a) For purposes of paragraph (1) of subdivision (a) of Section 42238.05, a sponsoring school district’s average daily attendance shall be computed as follows:(B)Compute the attendance of pupils who attended one or more noncharter schools of the school district between July 1, and the last day of the second period, inclusive, in the prior year, and who attended a charter school sponsored by the school district between July 1, and the last day of the second period, inclusive, in the current year. For purposes of this subparagraph, a pupil enrolled in a grade at a charter school sponsored by the school district shall not be counted if the school district does not offer classes for pupils enrolled in that grade. The amount of the attendance counted for any pupil for the purpose of this subparagraph shall not be greater than the attendance claimed for that pupil by the charter school in the current year.
(C)Compute the attendance of pupils who attended a charter school sponsored by the school district in the prior year and who attended one or more noncharter schools of the school district in the current year. The amount of the attendance counted for any pupil for the purpose of this subparagraph shall not be greater than the attendance claimed for that pupil by the school district in the current year.
(D)From the amount determined pursuant to subparagraph (B), subtract the amount determined pursuant to subparagraph (C). If the result is less than zero, the amount shall be deemed to be zero.
(E)The prior year average daily attendance determined pursuant to subparagraph (A) shall be reduced by the amount determined pursuant to subparagraph (D).
(3)To the greater of the amounts computed pursuant to paragraphs (1) and (2), add the regular average daily attendance in the current year of all pupils attending charter schools sponsored by the school district that are not funded through the charter schools local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03.
(c)Notwithstanding any other law, this section does not apply to the 2021–22 fiscal year.
SEC. 43.
Section 42238.052 of the Education Code is amended to read:42238.052.
(a) Notwithstanding any other law, the prior year average daily attendance for a school district determined pursuant to subdivision (a) of Section 42238.051 shall be increased by the prior year second principal apportionment average daily attendance of a school district only for a school that meets the following description:SEC. 44.
Section 42280 of the Education Code is amended to read:42280.
(a) For each school district that meets, in the current or prior fiscal year, the conditions specified in Section 42282 or 42284 the Superintendent shall compute, for each qualifying school in the school district, an amount pursuant to this article.SEC. 45.
Section 42282 of the Education Code is amended to read:42282.
(1)
(2)
(3)
(4)
(b)A school district that continues to satisfy the criteria specified in Section 42283 may use the funding calculation in subdivision (a) until the local control funding formula grade span adjusted base grant calculated pursuant to subdivision (d) of Section 42238.02 produces state aid equal to the small school funding formula.
SEC. 46.
Section 42284 of the Education Code is amended to read:42284.
(a)Average daily attendance | Minimum number of certificated employees | Amount to be computed per teacher |
1–19
........................
| less than 3 1 | $42,980 $196,100 |
1–19
........................
| 2 | per teacher $279,590 |
1–19
........................
| 3 | 191,340 $621,060 |
20–38
........................
| 4 | 234,320 $760,855 |
39–57
........................
| 5 | 277,300 $900,650 |
58–71
........................
| 6 | 320,280 $1,040,445 |
72–86
........................
| 7 | 363,260 $1,180,240 |
87–100
........................
| 8 | 406,240 $1,320,035 |
101–114
........................
| 9 | 449,220 $1,459,830 |
115–129
........................
| 10 | 492,200 $1,599,625 |
130–143
........................
| 11 | 535,180 $1,739,420 |
144–171
........................
| 12 | 578,160 $1,778,100 |
172–210
........................
| 13 | 621,140 $2,182,400 |
211–248
........................
| 14 | 664,120 $2,576,400 |
249–286
........................
| 15 | 707,100 $2,970,000 |
(c)A school district that continues to satisfy the criteria specified in Section 42285 may use the funding calculation as provided in this section until the local control funding formula grade span adjusted base grant calculated pursuant to subdivision (d) of Section 42238.02 produces state aid equal to the funding provided under this section.
SEC. 47.
Section 42286 of the Education Code is repealed.(a)If a high school is determined to be a necessary small high school pursuant to Section 42285, that status shall not be changed except as a review of the determinative factors made every two years following the date of the determination indicates that the determination should be changed.
(b)A high school that has not been determined to be a necessary small high school under Section 42285, may be determined to be a necessary small high school at the beginning of a fiscal year if it meets the criteria specified in Section 42285.
SEC. 48.
Section 42287 of the Education Code is amended to read:42287.
(a) For the 1984–85 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284 by an amount proportionate to the increase applied to the statewide average revenue limit for unified school districts for the then current fiscal year.SEC. 49.
Article 4.7 (commencing with Section 42300) of Chapter 7 of Part 24 of Division 3 of Title 2 of the Education Code is repealed.SEC. 50.
Section 44259.1 of the Education Code is amended to read:44259.1.
(a) (1) An integrated program of professional preparation shall enable candidates for teaching credentials to engage in professional preparation, concurrently with subject matter preparation, while completing baccalaureate degrees at regionally accredited institutions of higher education. An integrated program shall provide opportunities for candidates to complete intensive field experiences, including student teaching, in public(2)
(3)
(A)
(B)
(C)
(D)
(4)In awarding grants pursuant to the program, the commission shall grant priority to proposals for the establishment of four-year integrated programs of professional preparation designed to do both of the following:
(A)Produce teachers with either an education specialist instruction credential authorizing the holder to teach special education or a single subject teaching credential in the areas of mathematics or science, or teaching in the area of bilingual education.
(B)Partner
(5)
(6)
(7)The commission may use up to one hundred thousand dollars ($100,000) to administer the grants pursuant to Department of Finance approval.
SEC. 51.
Section 44395 of the Education Code is amended to read:44395.
(a) (1) The National Board for Professional Teaching Standards Certification Incentive Program is hereby established to award grants to school districts for the purpose of providing awards to teachers who are employed by school districts or charter schools, are assigned to teach in California public schools, and have attained or will attain certification from the National Board for Professional Teaching Standards. Awards shall be granted to the extent that funds have been appropriated for this purpose in the annual Budget Act.SEC. 52.
Section 44415.5 of the Education Code is amended to read:44415.5.
(a) For purposes of this section, the following definitions apply for the Teacher Residency Grant Program:SEC. 53.
Section 44415.6 is added to the Education Code, to read:44415.6.
(a) For the 2022–23 fiscal year, the sum of one hundred eighty-four million dollars ($184,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Section 44415.5 to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors pursuant to this section. This funding shall be available for encumbrance until June 30, 2027.SEC. 54.
Section 44415.7 is added to the Education Code, to read:44415.7.
(a) For the 2022–23 fiscal year, the sum of twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the commission to select a local educational agency to serve as a statewide technical assistance center to support teacher residency programs, as described in Sections 44415.5 and 44415.6. Preference shall be given to local educational agencies that currently administer residency programs and that commit to partner with commission-approved teacher preparation programs with experience supporting a residency program or residency programs. These funds shall be available for encumbrance or expenditure until June 30, 2029.SEC. 55.
Section 44418 of the Education Code is amended to read:44418.
This article shall remain in effect only until January 1,SEC. 56.
Section 44690 of the Education Code is amended to read:44690.
(a) The Legislature finds and declares all of the following:SEC. 57.
Section 45500 of the Education Code is amended to read:45500.
(a) The Classified School Employee Summer Assistance Program is hereby established.SEC. 58.
Section 46120 of the Education Code is amended to read:46120.
(a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities.(B)
(4)A local educational agency receiving funding pursuant to subparagraph (A) of paragraph (1) shall be provided at least three years of funding pursuant to subparagraph (A) of paragraph (1) upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (A) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.
(5)It is the intent of the Legislature to increase rates for expanded learning opportunities in future years to two thousand five hundred dollars ($2,500) per unduplicated pupil on a schedule to be determined each year in the annual Budget Act pursuant to the availability of funds, prioritizing increases based on the local control funding formula unduplicated pupil percentages calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 for local educational agencies.
(6)
(7)
(2)
(3)
SEC. 59.
Section 46392 of the Education Code is amended to read:46392.
(a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(f)
SEC. 60.
Section 47606.5 of the Education Code is amended to read:47606.5.
(a) On or before July 1, 2015, and each year thereafter, the governing body of a charter school shall hold a public hearing to adopt a local control and accountability plan using a template adopted by the state board. The governing body of a charter school shall update the goals and annual actions to achieve those goals identified in the charter petition pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, using the template for the local control and accountability plan and annual update to the local control and accountability plan adopted by the state board pursuant to Section 52064 and shall include all of the following:SEC. 61.
Section 47654 of the Education Code is amended to read:47654.
The definitions set forth in this section apply for purposes of this part and Chapter 7 (commencing with Section 42238) of Part 24 of Division 3. “Affected charter school” means a charter school that has been, or is proposed to be, affected by an action to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. Affected charter schools include all of the following charter school types:SEC. 62.
Section 47655 of the Education Code is amended to read:47655.
(a) Notwithstanding any other law, all debt and liabilities owed to the state for an original charter school shall transfer to a restructured charter school in accordance with this section.SEC. 63.
Section 48000.1 is added to the Education Code, to read:48000.1.
(a) For purposes of subdivision (g) of Section 48000, “apportionment” shall mean the amount of funding computed pursuant to Section 42238.02 that is attributable to the inclusion of average daily attendance for pupils enrolled in transitional kindergarten, inclusive of the amount computed pursuant to paragraph (2) of subdivision (g) of Section 42238.02.SEC. 64.
Section 48205 of the Education Code is amended to read:48205.
(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:SEC. 65.
Section 48850 of the Education Code is amended to read:48850.
(a) (1) It is the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), have a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to these pupils, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, including, but not necessarily limited to, interscholastic sports administered by the California Interscholastic Federation. In all instances, educational and school placement decisions shall be based on the best interests of the child and shall consider, among other factors, educational stability and the opportunity to be educated in the least restrictive educational setting necessary to achieve academic progress.SEC. 66.
Section 48853.5 of the Education Code is amended to read:48853.5.
(a) This section applies to a foster child. “Foster child”SEC. 67.
Section 49069.5 of the Education Code is amended to read:49069.5.
(a) The Legislature finds and declares all of the following:SEC. 68.
Section 49421.5 of the Education Code is amended to read:49421.5.
(a) (1) On or before June 30, 2022, the State Department of Education shall establish a process to select, with approval from the executive director of the state board, a local educational agency to provide guidance around Medi-Cal billing and increase local educational agencies’ capacity to successfully submit claims through the Local Educational Agency Medi-Cal Billing Option Program. The local educational agency selected shall have demonstrated success in submitting claims through the Local Educational Agency Medi-Cal Billing Option Program and drawing down federal reimbursement for Medi-Cal services, and a willingness and capacity to perform the duties described in paragraph (2). The State Department of Health Care Services shall provide relevant data, including, but not limited to, the number of years participating in the program and cost reimbursement data for each local educational agency, in the form and manner requested by the State Department of Education and the executive director of the state board no later than August 31, 2021, to aid in the selection process. The State Department of Health Care Services shall assist the State Department of Education, as needed, with the selection process, including verifying information provided by local educational agencies regarding program participation during the selection process.SEC. 69.
Section 51225.2 of the Education Code is amended to read:51225.2.
(a) For purposes of this section, the following definitions apply:SEC. 70.
Section 51225.31 is added to the Education Code, to read:51225.31.
(a) (1) Notwithstanding any other law, a local educational agency shall exempt an individual with exceptional needs who satisfies the eligibility criteria described in subdivision (b) from all coursework and other requirements adopted by the governing board or governing body of the local educational agency that are additional to the statewide coursework requirements specified in Section 51225.3 and shall award the pupil a diploma of graduation from high school, as described in Section 7801(23)(A)(ii)(I)(bb) of Title 20 of the United States Code.SEC. 71.
Section 51475 is added to the Education Code, immediately following Section 51474, to read:51475.
(a) The California Serves Program is hereby established under the administration of the department, in collaboration with CaliforniaVolunteers, for purposes of promoting access to effective service learning for pupils in grade 12 who are enrolled at participating local educational agencies, with the goal of expanding access for high school graduates in obtaining a State Seal of Civic Engagement through service learning.SEC. 72.
Section 51744 is added to the Education Code, immediately preceding Section 51745, to read:51744.
(a) The Legislature finds and declares that by offering a range of quality educational options, including classroom-based, hybrid, and nonclassroom-based programs, local educational agencies can better tailor instruction to pupils, thereby improving academic outcomes while maximizing enrollment.SEC. 73.
Section 51745 of the Education Code is amended to read:51745.
(a) Commencing with the 1990–91 school year, a local educational agency may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. For the 2021–22 school year only, the governing board of a school district or a county office of education shall offer independent study to meet the educational needs of pupils. Educational opportunities offered through independent study may include, but shall not be limited to, the following:(3)Individualized alternative education designed to teach the knowledge and skills of the core curriculum. Independent study shall not be provided as an alternative curriculum.
(4)
(5)
(6)
SEC. 74.
Section 51745.5 of the Education Code is amended to read:51745.5.
For purposes of this article the following definitions apply:SEC. 75.
Section 51746 of the Education Code is amended to read:51746.
It is the intent of the Legislature that school districts and county offices of education offering independent study shall provide appropriate existing services and resources to enable pupils to complete their independent study successfully and shall ensure the same access to all existing services and resources in the school in which the pupil is enrolled pursuant to Section 51748 as is available to all other pupils in the school. In addition, the services and resources may include, but need not be limited to, any of the following:SEC. 76.
Section 51747 of the Education Code is amended to read:51747.
A local educational agency shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, and has implemented those policies, pursuant to rules and regulations adopted by the Superintendent, that include, but are not limited to, all of the following:SEC. 77.
Section 51747.5 of the Education Code is amended to read:51747.5.
(a) The independent study by each pupil shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, shall be under the general supervision of an employee of the local educational agency who possesses a valid certification document pursuant to Section 44865 or an emergency credential pursuant to Section 44300, registered as required by law.SEC. 78.
Section 51749.5 of the Education Code is amended to read:51749.5.
(a) Notwithstanding any other law, and commencing with the 2015–16 school year, a local educational agency may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide independent study courses pursuant to the following conditions:SEC. 79.
Section 51749.6 of the Education Code is amended to read:51749.6.
(a) Before enrolling a pupil in a course authorized by Section 51749.5, each local educational agency shall provide the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, with a written learning agreement that includes all of the following:SEC. 80.
Section 52063 of the Education Code is amended to read:52063.
(a) (1) The governing board of a school district shall establish a parent advisory committee to provide advice to the governing board of the school district and the superintendent of the school district regarding the requirements of this article.SEC. 81.
Section 52064 of the Education Code is amended to read:52064.
(a) On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:SEC. 82.
Section 52064.3 is added to the Education Code, to read:52064.3.
(a) (1) On or before January 31, 2025, the state board shall adopt an IDEA Addendum relating to improvements in services for individuals with exceptional needs.SEC. 83.
Section 52065 of the Education Code is amended to read:52065.
(a) The superintendent of a school district shall do both of the following:SEC. 84.
Section 52066 of the Education Code is amended to read:52066.
(a) On or before July 1, 2014, each county superintendent of schools shall develop, and present to the county board of education for adoption, a local control and accountability plan using a template adopted by the state board.SEC. 85.
Section 52069 of the Education Code is amended to read:52069.
(a) (1) A county superintendent of schools shall establish a parent advisory committee to provide advice to the county board of education and the county superintendent of schools regarding the requirements of this article.SEC. 86.
Section 52073.2 of the Education Code is amended to read:52073.2.
(a) The California Collaborative for Educational Excellence and the department shall establish a process, administered by the department, to select, subject to approval by the executive director of the state board in consultation with the Department of Finance, special education local planSEC. 87.
Section 52073.3 is added to the Education Code, to read:52073.3.
(a) The Legislature finds and declares all of the following:SEC. 88.
Chapter 16.1 (commencing with Section 53020) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read:CHAPTER 16.1. Golden State Pathways Program
53020.
This chapter shall be known, and may be cited, as the Golden State Pathways Program Act.53021.
The Golden State Pathways Program is hereby established to do all of the following:53022.
For purposes of this chapter, the following definitions apply:53023.
Contingent upon appropriation by the Legislature in the annual Budget Act or other statute, the department shall administer the Golden State Pathways Program as a competitive grant program. In order to be eligible to receive a grant award, grant recipients shall do the following, as applicable:53023.5.
Community college districts may partner with local educational agencies to submit applications to receive funding under this program to support the offering of a Golden State Pathways Program.53024.
(a) As a condition of receiving a Golden State Pathways Program grant, a recipient shall:53025.
(a) The Superintendent, in consultation with the executive director of the state board, shall award grants on a competitive basis to grant recipients for the following:SEC. 89.
Section 56122 of the Education Code is amended to read:56122.
(a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.SEC. 90.
Section 56402 of the Education Code is amended to read:56402.
(a) The department shall award grants to establish Family Empowerment Centers on Disability. In the first year of operation, the department shall award these grants no later than February 15, 2002. In subsequent years, to the extent funding is available, the department shall award these grants no later than February 15 of that year, except as specified in paragraph (1) of subdivision (b).SEC. 91.
Section 56836.07 of the Education Code is amended to read:56836.07.
(a) For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, to the extent there is an appropriation in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area. For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, for which there is an appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance determined pursuant to Section 56836.11.(d)
SEC. 92.
Section 56836.144 of the Education Code is amended to read:56836.144.
(a) For the 2020–21 and 2021–22 fiscalSEC. 93.
Section 56836.146 of the Education Code is amended to read:56836.146.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following:(c)
(d)
(3)
SEC. 94.
Section 56836.148 of the Education Code is amended to read:56836.148.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) Section 56836.144 for the corresponding special education local plan area.(c)
(d)
(3)
SEC. 95.
Section 60900 of the Education Code is amended to read:60900.
(a) The department shall contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to Chapter 5 (commencing with SectionSEC. 96.
Section 60900.5 of the Education Code is amended to read:60900.5.
(a) The California College Guidance Initiative (CCGI), as defined in Section 10861, is hereby authorized to provide its services to all California school districts.(h)The first annual report due on April 1, 2022, also shall contain a needs assessment that provides data on all of the following:
(1)The existing usage of the CCGI’s various features by pupils, counselors, and others in the elementary, secondary, and postsecondary segments of education.
(2)Survey data from users on the relative usefulness of the existing features and other potential, desired features such as additional college planning tools.
(3)Recommendations for modifying the CCGI’s features consistent with the survey results.
SEC. 97.
Section 69617 of the Education Code is amended to read:69617.
(a) (1) Subject to moneys appropriated by the Legislature for(e)For purposes of this section, “high-need field” means any of the following:
(1)Bilingual education.
(2)Mathematics or science, technology, engineering, and mathematics (STEM), including computer science and career technical education in STEM subjects.
(3)Science.
(4)Special education.
(5)Multiple subject instruction.
(6)Transitional kindergarten.
(7)Other subjects as designated annually by the Commission on Teacher Credentialing based on an analysis of the availability of teachers in California pursuant to Section 44225.6.
SEC. 98.
Section 7901 of the Government Code is amended to read:7901.
For the purposes of Article XIII B of the California Constitution and this division:SEC. 99.
Section 7906 of the Government Code is amended to read:7906.
For school districts:SEC. 100.
Section 20309 of the Government Code is amended to read:20309.
(a) A member of the system described in subdivision (b) who subsequently is employed to perform service subject to coverage by the Defined Benefit Program of the State Teachers’ Retirement Plan, may elect to retain coverage by this system for that subsequent service. An election to retain coverage under this system shall be submitted in writing by the member to the employer on a form prescribed by the system within 60 days after the member’s date of hire to perform service that requires membership in the Defined Benefit Program of the State Teachers’ Retirement Plan. The employer shall retain a copy of the employee’s signed election form and submit the original signed form to the system. A member who elects to retain coverage under this system pursuant to this section shall be deemed to be a school member while employed by a school employer.SEC. 101.
Section 13265 of the Welfare and Institutions Code is amended to read:13265.
(a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall(3)“Refugee” means populations eligible to receive benefits and services from the federal Office of Refugee Resettlement, an office of the Administration for Children and Families within the United States Department of Health and Human Services.
(4)“Unaccompanied undocumented minors” has the same meaning as unaccompanied alien children, as defined in Section 279(g)(2) of Title 6 of the United States Code.
(e)
SEC. 102.
Section 113 of Chapter 24 of the Statutes of 2020 is amended to read:Sec. 113.
(a) The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund in the 2020–21 fiscal year to the State Department of Education on a one-time basis to administer the Early Literacy Support Block Grant.SEC. 103.
Section 119 of Chapter 24 of the Statutes of 2020, as amended by Section 65 of Chapter 110 of the Statutes of 2020, is amended to read:Sec. 119.
(a) The Legislature finds and declares all of the following:SEC. 104.
Section 123 of Chapter 44 of the Statutes of 2021 is amended to read:Sec. 123.
(a) Notwithstanding subdivision (f) of Section 52064.5 of the Education Code, the State Department of Education shall not publish the California School Dashboard in December 2021 based on performance data on the state and local indicators included in the evaluation rubrics adopted by the State Board of Education.SEC. 105.
Section 138 of Chapter 44 of the Statutes of 2021, as amended by Section 39 of Chapter 252 of the Statutes of 2021, is amended to read:SEC. 138.
(a) For the 2021–22 fiscal year, the sum of one hundred fifty million dollars ($150,000,000) is hereby appropriated from the General Fund to the State Department of Education for the purposes set forth in subdivisions (b) and (c).SEC. 106.
Section 147 of Chapter 44 of the Statutes of 2021 is amended to read:SEC. 147.
Commencing with the 2021–22 fiscal year, the Superintendent of Public Instruction shall add three million five hundred thousand dollars ($3,500,000) to the amount to be apportioned pursuant to Sections 42238.02 and 42238.03 of the Education Code to the San Francisco Unified School District. These funds shall beSEC. 107.
Section 47 of Chapter 252 of the Statutes of 2021 is amended to read:Sec. 47.
Notwithstanding any other law, and until July 1,SEC. 108.
Section 52 of Chapter 252 of the Statutes of 2021 is amended to read:Sec. 52.
The amount appropriated in the 2020–21 fiscal year for emergency assistance to nonpublic schools as provided under Section 312(d) of Division M of the federal Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260), to the Superintendent of Public Instruction for allocation to eligible nonpublic schools to address the impact of COVID-19 on nonpublic school pupils and teachers in the state, shall be available for encumbrance through September 30,SEC. 109.
The Legislature finds and declares that the amendments to Section 51745 of the Education Code, made by Section 73 of this act, are intended to clarify the legal requirements for local educational agencies for serving individuals with exceptional needs, as defined in Section 56026 of the Education Code, when offering independent study. The COVID-19 pandemic has caused significant disruption to many aspects of the state’s public education system and to the experience of pupils and families. The implementation of independent study programs under Assembly Bill 130 (Chapter 44 of the Statutes of 2021), to support the return to in-person learning in the 2021–22 school year, in particular at the start of the school year, highlighted several areas where additional clarity in the law would benefit local educational agencies, pupils, and families.SEC. 110.
(a) A local educational agency may claim apportionment for a pupil who receives services from a nonpublic, nonsectarian school as defined in Section 56034 of the Education Code through a virtual program if all of the following conditions are met:SEC. 111.
(a) The State Department of Education, in consultation with the executive director of the State Board of Education, may extend the contract for the independent evaluation of assessments required pursuant to subdivision (b) of Section 60649 of the Education Code, as that section read on January 1, 2021, by a period of up to two years if additional time is needed to complete the evaluation.SEC. 112.
Commencing with the 2021–22 fiscal year, the Superintendent of Public Instruction shall adjust the amounts determined pursuant to Sections 42238 and 47633 of the Education Code, and used for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution, by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as determined pursuant to paragraph (2) of subdivision (d) of Section 42238.02. The calculations performed for the 2021–22 fiscal year shall reflect the annual adjustment pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the 2013–14 to 2021–22 fiscal years, inclusive. For purposes of allocating Education Protection Account funds, a school district with a revenue limit rate greater than twenty thousand dollars ($20,000) shall not receive this adjustment. This section shall become inoperative on July 1, 2033.SEC. 113.
Notwithstanding Provision 9 of Item 6100-001-0890 of Section 2.00 of the Budget Act of 2022, implementation of the changes made to Section 60900 of the Education Code by Section 95 of this act shall not subject the department to a loss of funding.SEC. 114.
With respect to Section 36 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the financial distress faced by the Oakland Unified School District.SEC. 115.
With respect to Section 37 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the financial distress faced by the Inglewood Unified School District.SEC. 116.
With respect to Section 135 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need for Lynwood Unified School District to reconstruct and rehabilitate Lynwood High School.SEC. 117.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 118.
Upon order of the Director of Finance, funds reappropriated in Provision (2) of Item 0650-490 of the Budget Act of 2022 may be transferred to Item 6350-601-0001 for administration by the Office of Public School Construction.SEC. 119.
(a) The sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the State Department of Education for the department, in consultation with the Chancellor’s office of the California Community Colleges, to administer a competitive grant program pursuant to Article 8.5 (commencing with Section 41585) of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education Code. The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2027.SEC. 120.
(a) The sum of five hundred million dollars ($500,000,000) is hereby appropriated from the General Fund to the State Department of Education for the Golden State Pathways Program established pursuant to Chapter 16.1 (commencing with Section 53020) of Part 28 of Division 4 of Title 2 of the Education Code. The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2029.SEC. 121.
(a) For the 2022–23 fiscal year, the sum of one billion one hundred twenty-five million dollars ($1,125,000,000) is hereby appropriated from the General Fund to the State Air Resources Board for the Hybrid and Zero-Emission Truck and Voucher Incentive Project to fund zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses owned by local educational agencies over five years beginning in the 2023–24 fiscal year, consistent with this section. This funding shall be available for encumbrance until June 30, 2029. For the 2023–24 fiscal year to the 2027–28 fiscal year, inclusive, the State Air Resources Board shall award grants, totaling two hundred twenty-five million dollars ($225,000,000) in each fiscal year to local educational agencies. Local educational agencies shall have three fiscal years after the fiscal year in which the funds are received to expend the funds. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state.SEC. 122.
(a) (1) For the 2022–23 fiscal year, the sum of eighty-five million dollars ($85,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to county offices of education to provide professional development and support family engagement in mathematics and science for pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, aligned with the Next Generation Science Standards, the California Common Core State Standards: Mathematics, the California Computer Science Standards, and the mathematics and science domains of the California Preschool Learning Foundations.SEC. 123.
(a) (1) The sum of four hundred thirteen million dollars ($413,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for apportionment to charter schools in the 2022–23 fiscal year, excluding charter schools classified as nonclassroom-based charter schools as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code.SEC. 124.
(a) For the 2022–23 fiscal year, the sum of twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the State Department of Education to allocate in a manner consistent with subdivision (b) to further support the Educator Workforce Investment Grant Program established pursuant to Section 84 of Chapter 51 of the Statutes of 2019, to coordinate and support professional learning opportunities for educators across the state. These funds shall be available through the 2024–25 fiscal year to provide one or more grants consistent with subdivision (b).SEC. 125.
(a) For the 2022–23 fiscal year, the sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to one or more local educational agencies in a manner consistent with subdivision (b) to coordinate and support professional learning opportunities for educators across the state. These funds shall be available for encumbrance or expenditure until June 30, 2025.SEC. 126.
(a) (1) The sum of fifteen million dollars ($15,000,000) is hereby appropriated to the Commission on Teacher Credentialing for the Reading and Literacy Supplementary Authorization Incentive Grant Program to support the preparation of credentialed teachers to earn a supplementary authorization in reading and literacy. This funding shall be available for encumbrance until June 20, 2027.SEC. 127.
The sum of two million nine hundred sixty thousand dollars ($2,960,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to offset the State Department of Education’s costs associated with activities required to administer the Early Literacy Support Block Grant, consistent with subdivision (f) of Section 113 of Chapter 24 of Statutes of 2020.SEC. 128.
(a) The sum of one million seven hundred thousand dollars ($1,700,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to be transferred to the Tulare County Office of Education to continue to administer the California Center on Teaching Careers established by, and pursuant to, Section 45 of Chapter 29 of the Statutes of 2016. The Commission on Teacher Credentialing shall complete the transfer of funds to the Tulare County Office of Education on or before December 1, 2022.SEC. 129.
(a) For the 2022–23 fiscal year, one billion three hundred million dollars ($1,300,000,000) is hereby appropriated from the General Fund in the 2021–22 fiscal year to the State Allocation Board for new construction and modernization projects under the Leroy F. Greene School Facilities Act of 1998, pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code.SEC. 130.
(a) On or before June 30, 2023, an amount to be determined by the Director of Finance shall be appropriated from the General Fund to the Superintendent of Public Instruction in augmentation of Schedule (1) of Item 6100-161-0001 of Section 2.00 of the Budget Act of 2022.SEC. 131.
The sum of thirty million dollars ($30,000,000) is hereby appropriated from the General Fund to the State Department of Education. The Superintendent of Public Instruction shall allocate these funds to the Special Olympics of Northern and Southern California for the purposes of supporting the Unified Champion Schools Program, the Healthy Athletes Program, the Community Sports Program, and for general operating expenses.SEC. 132.
(a) The sum of six hundred million dollars ($600,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to local educational agencies to expend on kitchen infrastructure upgrades that will increase a school’s capacity to prepare meals served through a federal school meal program, including for freshly prepared onsite meals, to serve fresh and nutritious school meals using minimally processed, locally grown, and sustainable food, or for expanding meal options for pupils with restricted diets. Funds allocated to eligible local educational agencies shall be encumbered no later than June 30, 2025.SEC. 133.
(a) (1) The sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation, in consultation with the Department of Food and Agriculture, to local educational agencies to expend on implementing any of the following school food best practices as part of reimbursable meals served through the federal National School Lunch Program and federal School Breakfast Program:SEC. 134.
(a) For the 2022–23 fiscal year, the sum of three billion five hundred sixty million eight hundred eighty-five thousand dollars ($3,560,885,000) is hereby appropriated from the General Fund to the State Department of Education to establish the Arts, Music, and Instructional Materials Discretionary Block Grant, for allocation to county offices of education, school districts, charter schools, and the state special schools to:SEC. 135.
For the 2022–23 fiscal year, the sum of two hundred fifty millions dollars ($250,000,000) is hereby appropriated from the General Fund in the 2021–22 fiscal year to the State Allocation Board to be available for allocation to the Lynwood Unified School District. The Lynwood Unified School District shall use these moneys to support the reconstruction and rehabilitation of Lynwood High School, subject to the following requirements:SEC. 136.
(a) The sum of fourteen million dollars ($14,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to the county offices of education selected to develop model curricula for Native American studies, the Vietnamese American refugee experience, the Cambodian genocide, and Hmong history and cultural studies, pursuant to Sections 33540.2, 33540.4, 33540.6, and 51226.9 of the Education Code. The funding shall be split equally among the four model curricula, and shall supplement funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021.SEC. 137.
(a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for the Literacy Coaches and Reading Specialists Grant Program, which is hereby established, in the manner and for the purposes set forth in this section. Funds appropriated for this purpose are available for encumbrance through June 30, 2027.SEC. 138.
(a) For the 2022–23 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent of Public Instruction to establish the 2022 Antibias Education Grant Program in the manner and for the purpose set forth in this section.SEC. 139.
(a) The sum of thirty-five million dollars ($35,000,000) is hereby appropriated from the General Fund to the State Department of Education for the Classified School Employee Summer Assistance Program established pursuant to Section 45500 of the Education Code. The funds appropriated pursuant to this section shall be available for encumbrance until September 30, 2024.SEC. 140.
(a) A basic aid school district that experiences a decrease in local property tax revenues as a result of the wildfires of 2020 shall be reimbursed from the General Fund for losses experienced in the 2020–21 and 2021–22 fiscal years. Reimbursement amounts shall be provided according to the reimbursement schedule submitted to the Department of Finance by the affected counties. The funds needed for reimbursement shall be allocated by the Controller to the affected school districts according to a schedule provided by the Department of Finance not later than September 30, 2022.SEC. 141.
Sections 41, 42, 44, 45, 46, 47, and 48 of this act shall become operative on July 1, 2022.SEC. 142.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.