Bill Text: CA SB182 | 2021-2022 | Regular Session | Amended
Bill Title: COVID-19 emergency response: Learning Recovery Emergency Fund: appropriation.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-06-30 - Re-referred to Com. on BUDGET pursuant to Assembly Rule 97. [SB182 Detail]
Download: California-2021-SB182-Amended.html
|
Amended
IN
Assembly
June 25, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 182
| Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
SB 182, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2021. COVID-19 emergency response: Learning Recovery Emergency Fund: appropriation.
(1) The California Emergency Services Act authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property, including epidemics. Pursuant to this authority, on March 4, 2020, the Governor declared a state of emergency relating to the coronavirus 2019 (COVID-19) pandemic.
Existing law appropriates funds from the Federal Trust Fund, the Coronavirus Relief Fund, and the General Fund to the Superintendent of Public Instruction for allocation in the 2020–21 fiscal year to eligible local educational agencies, as defined, in accordance with prescribed methodologies to be used for activities that directly support pupil academic achievement and mitigate learning loss related to COVID-19
school closures, as provided.
Existing law appropriates money from the General Fund to the Board of Governors of the California Community Colleges for allocation to community colleges to support efforts to increase student retention rates and enrollment by primarily engaging former community college students who may have withdrawn from a community college due to the impacts of the COVID-19 pandemic, current community college students who may be hesitant to remain in a community college due to the impacts of the COVID-19 pandemic, and prospective students who may be hesitant to enroll in a community college due to the impacts of the COVID-19 pandemic.
This bill would create the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the
Governor on March 4, 2020, relating to the COVID-19 pandemic. The bill would appropriate $7,936,000,000 from the General Fund to the State Department of Education for transfer to the Learning Recovery Emergency Fund. The bill would require the Superintendent to allocate these appropriated funds to school districts, county offices of education, and charter schools, as provided. The bill would authorize allocated funds to be used for learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery, and staff and pupil social and emotional well-being. The bill would require local educational agencies receiving these allocations to report interim expenditures to the department by December 1, 2024, and December 1, 2027, as well as a final report no later than December 1, 2029.
This bill would also appropriate $650,000,000 from the General Fund to the Chancellor’s Office of the California Community Colleges for transfer
to the Learning Recovery Emergency Fund. The bill would require the Chancellor’s Office to allocate these appropriated funds to community college districts on the basis of actual reported full-time equivalent students, as provided. The bill would authorize funds to be expended for purposes related to the impact of the COVID-19 pandemic, including student supports, reengagement strategies, faculty grants, and professional development opportunities, as well as technology investments, cleaning supplies and personal protective equipment, and to discharge unpaid student fees, as provided. The bill would require community college districts, as a condition of receiving funds, to report, by March 1, 2023, to the Chancellor’s Office metrics on the provision of employer-sponsored health insurance for part-time faculty in the 2021–22 academic year, and by March 1, 2026, metrics on the provision of employer-sponsored health insurance to part-time faculty in the 2024–25 academic year, as provided. The bill would require
the Chancellor’s Office to submit a report on the use of funds by March 1, 2024, to the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the expenditure of the appropriated funds, as provided.
(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution makes certain specified appropriations exempt from this total annual limit if certain requirements are satisfied, including appropriations approved by a 2/3 vote of the Legislature relating to an emergency
declared by the Governor.
This bill would provide that the appropriations made by the bill are appropriations relating to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic, and pursuant to the above-described constitutional provision are not subject to the annual appropriations limit set by the California Constitution when passed by a 2/3 vote of the Legislature.
(3) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(4) This bill would declare that it is to take effect immediately as a bill providing for appropriations
related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) On March 4, 2020, the Governor proclaimed a state of emergency in response to the COVID-19 pandemic.
(2) As of January 1, 2021, it was estimated that nearly 20,000 California children lost at least one parent or primary caregiver to COVID-19. As of May 2022, there have been 91,000 deaths related to COVID-19 in California.
(3) In a
2020–21 survey of middle and high school pupils in the state, 22 percent of pupils reported feeling traumatized as a result of the pandemic, 63 percent reported experiencing an emotional meltdown, and 19 percent reported having suicidal thoughts.
(4) Providing additional services and supports from appropriate school staff could help address the impacts of the COVID-19 emergency.
(5) For the 2021–22 school year, school districts have reported difficulties hiring and filling positions for educators, food workers, school health staff, and support staff.
(6) The appropriations made by this bill are appropriations relating to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic, and pursuant to paragraph (2) of subdivision (c) of Section 3 of Article XIII B of the California Constitution, are not appropriations subject to the annual appropriations limitation when passed by a two-thirds vote of the Legislature.
(b) In response to the emergency caused by the COVID-19 pandemic, it is the intent of the Legislature to do both of the following:
(1) Establish the Learning Recovery Emergency Block Grant to assist schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, in the long-term recovery from the COVID-19 pandemic, including addressing pupil learning, mental health, and overall well-being.
(2) Establish the California Community College COVID-19 Recovery Block Grant to provide funds to be used on activities that directly
support community college students and mitigate community college student learning loss related to COVID-19 impacts, and require that community college districts prioritize the use of these one-time funds for purposes, including, but not limited to, professional development, technology infrastructure, developing open education resources and zero-textbook-cost degrees, and supporting the mental health and wellness needs of students and staff.
SEC. 2.
Part 19.6 (commencing with Section 32525) is added to Division 1 of Title 1 of the Education Code, to read:PART 19.6. Covid-19 Emergency Appropriations for Education
32525.
(a) The Learning Recovery Emergency Fund is hereby created in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic.(b) Notwithstanding Section 41207.5, moneys transferred to the Learning Recovery Emergency Fund pursuant to Section 32526 that would otherwise revert to the Proposition 98 Reversion Account shall instead remain in the Learning Recovery Emergency Fund for future reallocation to school districts, county offices of education, and charter schools consistent with the intent of Section
32526.
32526.
(a) (1) For the 2022–23 fiscal year, the sum of seven billion nine hundred thirty-six million dollars ($7,936,000,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525. The Superintendent shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to local educational agencies in the manner, and for the purposes, set forth in this section. This allocation shall be known as the Learning Recovery Emergency Block Grant.(2) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(b) Funds described in subdivision (a) shall be allocated on a per-unit basis of the local educational agency’s 2021–22 fiscal year second period reported kindergarten and grades 1 to 12, inclusive, average daily attendance multiplied by the local educational agency’s 2021–22 unduplicated pupil percentage calculated pursuant to Section 2574 or 42238.02, as applicable. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(c) (1) The governing board or body of a local educational agency may expend the one-time funds received pursuant to this section to establish learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery and staff and pupil social and emotional well-being.
(2) Specifically, funds received under subdivision (b) shall only be expended for any of the following purposes:
(A) Instructional learning time for the 2022–23 through 2027–28 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other action that increases or stabilizes the amount of instructional time or services provided to pupils, or decreases or stabilizes staff-to-pupil ratios, based on pupil learning needs.
(B) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports, such as:
(i) Tutoring or other one-on-one or small group learning supports provided by
certificated or classified staff.
(ii) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both.
(iii) Providing early intervention and literacy programs for pupils in preschool to grade 3, inclusive, including, but not limited to, school library access.
(iv) Supporting expanded learning opportunity program services pursuant to Section 46120.
(v) Providing instruction and services consistent with the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) regardless of grantee status.
(C) Integrating pupil supports to address other barriers to learning, and staff supports
and training, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.
(D) Access to instruction for credit-deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.
(E) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.
(d) Local educational agencies receiving apportionments pursuant to this section shall report interim expenditures of those apportioned funds to the department by December 1, 2024, and December 1, 2027, and a final report on expenditures no later than December
1, 2029. Local educational agencies that do not submit the expenditure report shall forfeit all funds apportioned pursuant to this section.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, six billion five hundred million dollars ($6,500,000,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(2) For purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, one billion four hundred thirty-six million dollars ($1,436,000,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year.
32527.
(a) (1) (A) For the 2022–23 fiscal year, the sum of six hundred fifty million dollars ($650,000,000) is hereby appropriated from the General Fund to the Chancellor’s Office of the California Community Colleges for transfer to the Learning Recovery Emergency Fund created in Section 32525. The Chancellor’s Office shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to community college districts in the manner, and for the purposes, set forth in this section. This allocation shall be known as the California Community College COVID-19 Recovery Block Grant.(B) The Legislature finds and declares that, on March 4, 2020, the Governor proclaimed a
state of emergency in response to the COVID-19 pandemic.
(2) The Chancellor’s Office shall allocate the funds described in paragraph (1) to community college districts on the basis of actual reported full-time equivalent students, as those numbers of students are reported at the time of the second principal apportionment for the 2021–22 fiscal year.
(3) The funds appropriated in this section may be expended for any of the following purposes:
(A) Supports to address other barriers to learning as a result of disruption caused by COVID-19, such as access to basic needs and mental health services needed to support students impacted by COVID-19.
(B) Reengagement strategies for students who received an incomplete or failing grade in the spring 2022 term due
to COVID-19 and engagement strategies with high schools and local communities to restore broader access.
(C) Grants to faculty to develop online, accelerated learning modules that allow students who received an incomplete or failing grade in the spring 2022 term due to COVID-19 to continue to make progress toward their degree rather than retaking courses in the fall 2022 term.
(D) Professional development opportunities for faculty and student services professionals needed to continue educational instruction due to COVID-19, including supporting students impacted by learning loss related to COVID-19 and preparing and supporting faculty to develop online instructional capabilities in response to COVID-19.
(E) Investments to close the digital divide, including investments in information technology infrastructure,
facilitating student access to technology to be able to access online coursework, and technology, software, or other electronic instruments and materials for faculty to support courses that are difficult to teach online.
(F) Cleaning supplies and personal protective equipment.
(G) To discharge unpaid fees due or owed by a student to a community college in the district.
(4) As a condition of receiving funds provided in paragraph (1), community college districts shall perform the following:
(A) Report, by March 1, 2023, to the Chancellor’s Office metrics on the provision of employer-sponsored health insurance for part-time faculty in the 2021–22 academic year, including, but not limited to, all of the following:
(i) If the district offers health insurance to its part-time faculty, and if so, the minimum conditions for obtaining employer-sponsored coverage.
(ii) The total number of qualifying part-time faculty and the number of participants in the Part-Time Community College Faculty Health Insurance program pursuant to Article 9 (commencing with Section 87860) of Chapter 3 of Part 51 of Division 7 of Title 3.
(iii) The total number of part-time faculty who do not qualify for the Part-Time Community College Faculty Health Insurance program pursuant to Article 9 (commencing with Section 87860) of Chapter 3 of Part 51 of Division 7 of Title 3, but whose total cumulative teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching
assignment.
(iv) The source of health insurance by the number of part-time faculty in each category or type, which may include, but is not limited to, a community college district, a pooled health benefit plan, a spouse or domestic partner’s employer, another employer, private insurance, Covered California, Medi-Cal, or no health insurance.
(B) Report, by March 1, 2026, metrics on the provision of employer-sponsored health insurance to part-time faculty in the 2024–25 academic year, including, but not limited to, the metrics referenced in subparagraph (A).
(5) The Chancellor’s Office shall submit a report, consistent with Section 9795 of the Government Code, on the use of funds by March 1, 2024, to the Legislature, Legislative Analyst’s Office, and the Department of Finance that includes the amount of funds provided
for each college, a description of how funds were used for each of the purposes reflected in paragraph (3), a statement of reasons describing how the funds prioritized services for underrepresented students, and an explanation of the effectiveness of services or supports provided by these funds.
(6) It is the intent of the Legislature that funds shall be used on activities that directly support community college students and mitigate community college student learning loss related to COVID-19 impacts and that community college districts prioritize the use of these one-time funds for purposes, including, but not limited to, professional development, technology infrastructure, developing open education resources and zero-textbook-cost degrees, and supporting the mental health and wellness needs of students and staff.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, six hundred fifty million dollars ($650,000,000) of the appropriations made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
SEC. 3.
Section 2 of this act provides for appropriations from the General Fund in the 2022–23 fiscal year relating to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic, and pursuant to paragraph (2) of subdivision (c) of Section 3 of Article XIII B of the California Constitution are not subject to the annual appropriations limit set by Section 1 of Article XIII B of the California Constitution when passed by a two-thirds vote of the Legislature.SEC. 4.
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.
