Bill Text: CA SB185 | 2021-2022 | Regular Session | Amended
Bill Title: Education finance: education omnibus trailer bill.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-08-31 - Ordered to inactive file on request of Assembly Member Reyes. [SB185 Detail]
Download: California-2021-SB185-Amended.html
|
Amended
IN
Assembly
August 26, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 185
| Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
SB 185, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2021. Education finance: education omnibus trailer bill.
(1) The Early Education Act requires the Superintendent of Public Instruction to provide an inclusive and cost-effective preschool program. Existing law requires the Superintendent to develop standards for the implementation of high-quality preschool programs.
This bill would require the Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, to convene a statewide interest holder workgroup, as provided, to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings and
recommendations to update preschool standards, as provided.
(2) The Early Education Act prescribes the eligibility requirements for 3- or 4-year-old children and families where a child has exceptional needs for part-day and full-day California state preschool programs, as provided, and requires each state preschool program applicant or contracting agency to give priority for part-day and full-day programs according to a specified priority ranking.
This bill would, among other things, revise those eligibility requirements and rankings, as provided.
(3) Existing law requires the Superintendent to authorize California state preschool program contracting agencies to offer up to 3 hours each instructional day of wraparound childcare services within a part-day California state preschool program for children enrolled in an education program as a
transitional kindergarten or kindergarten pupil, if their families meet specified requirements.
This bill would require the Superintendent to instead authorize those agencies to offer those services for less than 4 hours each instructional day, and would, among other things, require the Superintendent to authorize California state preschool programs operating on a local education agency campus to operate a part-day California state preschool program that allows flexibility in the operational hours and enrollment cutoff dates to better align with the enrollment for the new school year.
(4) The Early Education Act requires the Superintendent to develop procedures for state preschool contractors to identify and report data on dual language learners enrolled in specified preschool programs, and requires those procedures to include, among other things, criteria for state preschool contractors to use to
accurately identify dual language learners enrolled in their preschool programs based on the information collected from the family language instrument and family language and interest interview.
This bill would, among other things, require those procedures to also include criteria for the family language and interest interview.
(5) Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the Early Education Act. Commencing January 1, 2022, contractors who, as of December 31, 2021, received the established standard reimbursement rate are required under existing law to be reimbursed at the greater of the 75th percentile of the 2018 regional
market rate survey or the contract per-child reimbursement amount as of December 31, 2021.
This bill would require those contractors who, as of December 31, 2021, received the established standard reimbursement rate to instead be reimbursed at the greater of the 75th percentile of the 2018 regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.
(6) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs at local educational agencies, defined as school districts, county offices of education, and charter schools. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education for allocation to local educational agencies
for grants for the 2021–22 fiscal year. Existing law requires the Superintendent of Public Instruction to allocate $200,000,000 of that amount to local educational agencies as base grants, enrollment grants, and supplemental grants for specified purposes. Existing law requires local educational agencies that receive grants to do certain things, including, among other things, provide specified data to the department and develop a plan for consideration by the governing board or body at a public meeting on or before June 30, 2022, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, as provided. Existing law requires the department to initiate collection proceedings for certain grant funds that are unexpended by local educational agencies by June 30, 2026, and for grant funds that are used by local educational agencies in a manner inconsistent with the program or that fail to
provide required data. For the 2022–23 fiscal year, the bill would appropriate $300,000,000 from the General Fund to the department for allocation to local educational agencies for purposes of the program, as specified.
This bill would, among other things, apply substantially similar provisions to the 2022-23 appropriation, as provided.
(7) Existing law establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children across the state through a mixed-delivery system, as defined. Existing law, pursuant to an appropriation in the annual Budget Act, for each of the 2022–23, 2023–24, and 2024–25 fiscal years, requires the Superintendent to consult with the State Department of Social Services to develop and administer a grant process and award grant funds to each county, as specified.
This bill would revise and recast the California Universal Preschool Planning Grant Program by, among other things, requiring each county to submit a single planning grant application that contains a signed agreement from the resource and referral agencies in the county and the local planning council and requiring a grantee to form a single working group with specified members.
This bill would authorize the State Department of Education to enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis for the purposes of the California Universal Preschool Planning Grant Program and the statewide interest holder workgroup described in paragraph (1) above, as provided, and would authorize these entities to subcontract as necessary, subject to approval of the Superintendent. The bill would appropriate $3,966,000 from the General Fund to the Superintendent to administer the California
Universal Preschool Planning Grant Program and the statewide interest holder workgroup described in paragraph (1) above, as provided.
(8) Existing law establishes the Cradle-to-Career Data System for the purpose of connecting individuals and organizations to trusted information and resources, as a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and to provide for expanded access to tools and services that support the education-to-employment pipeline, as specified. Existing law requires the Office of Cradle-to-Career Data, also known as the “managing entity,” to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors, volunteers, and vendors whose duties include or would include access to nonanonymized confidential information, personally
identifiable information, personal health information, or financial information contained in the information systems and devices of the managing entity provided by the data providers for the purposes of creating longitudinal datasets in service of the data system.
This bill would remove vendors from that requirement.
(9) Until January 1, 2025, existing law authorizes a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract to either the low bid or the best value, as provided.
This bill would authorize, until January 1, 2029, a school district, with the approval of its governing board, to procure alternative design-build contracts for public works projects in excess of $5,000,000, awarding the contract to either the low bid or
the best value, as provided. The bill would define “alternative design-build” as a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price. The bill would require specified information to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
This bill would require, beginning January 1, 2023, these provisions to govern a project using an alternative design-build contract entered into on or after January 1, 2023.
(10) Existing law creates 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. Existing law appropriates $7,936,000,000 from the General Fund to the State Department of Education for transfer to the Learning Recovery Emergency Fund. Existing law requires the Superintendent to allocate these appropriated funds to school districts, county offices of education, and charter schools, as provided, and requires local educational agencies receiving apportionments to 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.
This bill would, among other things, require recipients to make those reports using a template developed by the department, which the bill would require the department to develop, and would require recipients to make those reports publicly available on their internet websites, as provided.
(11) Existing law requires the Superintendent, commencing with the 2022–23 fiscal year, to 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 specified. Existing law requires the Superintendent to adopt regulations for purposes of making those apportionments.
This bill would expand the recipients of the above-described transportation allowance to also include school districts and county offices of education that provide transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium, and would specify home-to-school transportation expenditure allocations for component and reorganized school districts, as provided. The
bill would repeal the requirement for the Superintendent to adopt regulations.
(12) Existing law authorizes a local educational agency, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, to provide independent study courses pursuant to specified conditions.
This bill would, among other things, exempt from some of those conditions pupils that participate in an independent study program for fewer than 15 schooldays in a school year and pupils enrolled in a comprehensive school for classroom-based instruction who, under the care of appropriately licensed professionals, participate in independent study due to necessary medical treatments or inpatient treatment for mental health care or substance abuse, as specified. The bill would require local educational agencies to obtain evidence from appropriately licensed professionals of the need for those pupils to participate in independent
study.
(13) Existing law establishes a public school financing system that requires state funding for school districts, county offices of education, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law includes average daily attendance as a component of the calculation under the local control funding formula. Existing law requires the local control funding formula to include, in addition to a grade span-adjusted base grant, a 10.4% adjustment to the kindergarten and grades 1 to 3, inclusive, base grant for school districts that maintain an average class enrollment of not more than 24 pupils for those grades unless a collective bargained alternative is agreed to by the school district. Existing law, for the 2022–23 fiscal year, requires the Superintendent to increase the base grants for transitional kindergarten and grades 1 to 12, inclusive, by an additional 6.28%, as specified.
This bill would require the Superintendent, for the 2022–23 fiscal year, to increase the base grants for transitional kindergarten and grades 1 to 12, inclusive, by an additional 6.7% instead of the additional 6.28%, as specified.
(14) For the 2021–22 fiscal year for school districts, county offices of education, and charter schools that meet specified requirements relating to independent study, existing law requires the Superintendent to calculate an attendance yield for the 2019–20 and 2021–22 fiscal years, as specified, and to adjust the 2021–22 fiscal year average daily attendance for purposes of apportionments under the local control funding formula for these local educational agencies, as provided.
This bill would, among other things, revise those requirements relating to independent study, as specified.
(15) As part of the local control funding formula, existing law prescribes funding provisions, requirements, and potential penalties for school districts and charter schools relating to the provision of transitional kindergarten, as specified.
This bill would revise and recast those provisions, as specified.
(16) Existing law provides for the funding of necessary small schools and high schools, as specified. Existing law requires, among other things, that funding to include various specified amounts per pupil and teacher for different tiers of numbers of pupils and teachers.
This bill would revise the funding for necessary small schools and high schools by increasing some of those specified amounts.
(17) Existing law creates and regulates various educational entities for purposes of
providing and supporting instruction, including school districts, charter schools, and county offices of education. Existing law prescribes personnel requirements for these entities. Existing law prescribes a process for recovering payments from employees when the state determines an overpayment has been made.
This bill would require a school employer, as defined, to notify an employee when a wage overpayment has been made to the employee and afford the employee an opportunity to respond before commencing recoupment actions, and would require reimbursement to be made through one of three specified methods mutually agreed to by the employee and the employer. The bill would require installment amounts deducted from payment of salary or wages pursuant to these provisions to not exceed 25% of the employee’s net disposable earnings, except as specified. The bill would prohibit an administrative action taken by the employer to recover an overpayment unless the action is
initiated within 3 years from the date of overpayment. The bill would provide that if these provisions conflict with a memorandum of understanding, the memorandum of understanding controls without further legislative action, except as provided.
(18) Existing law establishes the Teacher Residency Grant Program and appropriates funds from the General Fund to the Commission on Teacher Credentialing to make one-time grants to develop new, or expand, strengthen, or improve access to existing, teacher residency programs that support, among other things, a list of designated shortage fields. Existing law appropriates $184,000,000 from the General Fund to the commission to augment the Teacher Residency Grant Program to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors, as provided.
This bill would authorize the commission to
allocate, as specified, up to $10,000,000 of the $184,000,000 appropriation to capacity grants that would be required to be awarded on a competitive basis to local educational agencies or consortia partnering with regionally accredited institutions of higher education to create school counselor residency programs that lead to more credentialed school counselors that reflect a local educational agency community’s diversity.
(19) Existing law authorizes a classified employee of a school district or community college district to request a hearing to determine if there is cause for not reemploying the employee for the ensuing year, as provided.
This bill would authorize an employee who has requested a hearing to be represented at the hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s
classification, if any.
(20) Existing law establishes the Classified School Employee Summer Assistance Program. Existing law authorizes school districts and county offices of education to elect to participate in the program, and authorizes a classified employee of a participating local educational agency who meets specified requirements to withhold an amount from the employee’s monthly paycheck during the school year to be paid out during the summer recess period, as provided. Existing law authorizes a classified employee to be eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for 11 months or fewer out of a 12-month period.
This bill would define “month,” for purposes of these provisions, as 20 days or 4 weeks of 5 days each, including legal holidays.
(21) Existing law establishes the Expanded Learning Opportunities Program and requires the Superintendent, commencing with the 2022–23 fiscal year, to allocate $2,750 per unit of average daily attendance, as specified, to local educational agencies with a prior fiscal year unduplicated pupil percentage of 75% or more, and requires those local educational agencies to offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and to provide access to expanded learning opportunity programs to at least 50 percent of those pupils. Commencing with the 2023–24 school year, as a condition of specified funding, existing law requires those local educational agencies to offer access to expanded learning opportunity programs to all pupils and to provide access to any pupil whose parent or guardian requests their placement in a program.
This bill would, among other things, require a local
educational agency receiving that $2,750 per unit of average daily attendance to receive at least three years of funding upon becoming eligible to receive funding pursuant to that provision, and would provide that a local educational agency that does not meet the eligibility for that funding for four consecutive years shall be ineligible to receive that funding.
(22) Existing law authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined, in accordance with specified procedural requirements and limitations. Existing law requires the Legislative Analyst to conduct an evaluation of the school district of choice program and to make recommendations on specified matters to the appropriate education policy committees of the Legislature and the Department of Finance by January 31, 2021. Existing law makes the school district of choice
program inoperative on July 1, 2023.
This bill would require the Legislative Analyst to conduct an evaluation and make recommendations consistent with the above-described requirements by September 30, 2026, and would extend the inoperative date of the school district of choice program to July 1, 2028.
(23) Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. The coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. Existing law eliminates the authorization for career technical education to count toward that graduation requirement on July 1, 2022, or upon the
occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, as specified.
This bill would extend the inoperative date of that graduation requirement to July 1, 2027, or upon the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, as specified. If a pupil completed a career technical education course that met that graduation requirement between July 1, 2022, and the effective date of this bill, the bill would, notwithstanding any other law, require the course to be deemed to have fulfilled that requirement. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.
(24) Existing law requires the Superintendent, for purposes of calculating the amount of funding per unit of average daily attendance for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area for the 2022–23 fiscal year, to increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2021–22 fiscal year by 14 percent, and then to adjust that amount by a specified inflation factor.
This bill would delete the requirement for the Superintendent to adjust that amount by the specified inflation factor.
(25) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of
state funds by the State Allocation Board for the construction and modernization of public school facilities.
Existing law authorizes a school district to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the school district for the purpose of funding the construction or reconstruction of school facilities, as specified. Existing law authorizes the governing board of a school district to impose a specified amount as an alternative to the amount that may be imposed on residential construction, as specified. Existing law authorizes a school district to increase the alternative fee, charge, dedication, or other requirement, as prescribed, if state funds for new school facility construction are not available, as specified.
Existing law specifies that state funds for new school facility construction are not available for these purposes if the State Allocation Board is no
longer approving apportionments for new construction, as specified. Existing law requires the State Allocation Board, upon making a determination that state funds are no longer available, to notify the Secretary of the Senate and the Chief Clerk of the Assembly, in writing, of that determination, as specified.
This bill would, after the determination that state funds are no longer available is made, prohibit increasing the alternative fee, charge, dedication, or other requirement as of (A) the date that funds are transferred into an account that has been identified for new construction apportionments for purposes of the Leroy F. Greene School Facilities Act of 1998 or (B) the date of the first meeting of the State Allocation Board at which apportionments for new construction resume, whichever is earlier. The bill would require the Office of Public School Construction to post on its internet website the status of the above-described provisions, as provided.
(26) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Existing law sets forth the exclusive methods of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project under CEQA, as provided. Existing law conditions the inoperation of that provision on the approval of a statewide general obligation bond measure submitted for voter approval that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive,
public school facilities, as specified.
This bill would instead condition the inoperation of that provision on the approval of a statewide general obligation bond measure submitted for voter approval that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities or if provided state resources, as defined, are available.
(27) Existing law, the California Child Day Care Facilities Act, administered by the State Department of Social Services, provides for the licensure and regulation of child daycare facilities, as defined. Existing law exempts a room used as a classroom and other school grounds used by a schoolage childcare program from certain requirements imposed on child daycare facilities, including square footage, fencing, and toilet requirements, and defines “schoolage childcare program” for these purposes to partly mean a program
for children who are 4 years and 9 months or older and are currently enrolled in school, as specified.
This bill would remove that age requirement from the definition of “schoolage childcare program,” and would specify that a school under that definition includes transitional kindergarten, as defined. The bill would authorize the department to implement these changes through letters or similar written instructions until regulations are adopted.
(28) Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age, which includes various programs and services, including, among others, CalWORKs Stage 2 and Stage 3 childcare, migrant childcare, childcare and development services for children with special needs, the alternative payment program, and Head Start
programs. Under existing law, for purposes of establishing initial income eligibility for services under the Child Care and Development Services Act, “income eligible” means that a family’s adjusted monthly income is at or below 85% of the state median income, adjusted for family size. Existing law excludes from income for these purposes specified foster care payments made on behalf of a child and guaranteed income payments, as defined.
The bill would authorize the department to implement the exclusion of those 2 forms of payments from the definition of “income eligible” for those purposes by letter or similar directive until regulations are adopted, and would require the department to adopt regulations no later than July 1, 2025.
Existing law establishes adjustment factors for a provider agency’s reported child days of enrollment in order to reflect the additional expense of serving specified children, including an
adjustment factor of 1.05 for infants and toddlers who are 0 to 36 months of age, inclusive, and are served in general child care and development programs, or children who are 0 to 5 years of age, inclusive, and are served in a family child care home education network setting, as specified.
This bill would change that adjustment factor to 1.1.
(29) Existing law, commencing January 1, 2022, requires $289,000,000 in one-time funding to be made available to support family childcare providers through reimbursement rate supplements to be allocated over a 24-month period. Of that $289,000,000, existing law requires $89,000,000 to be allocated from specified funds from the Budget Act of 2021, as specified.
This bill instead would require up to $291,000,000 in one-time funding to be made available to support family childcare providers through reimbursement rate
supplements to be allocated over a 24-month period, and of that up to $291,000,000, would require up to $91,000,000 to be allocated from specified funds from the Budget Act of 2021, as specified, thereby making an appropriation.
(30) Existing law, commencing January 1, 2022, requires $188,760,000 in one-time funding to be made available to address inequities between the standard reimbursement rate and the regional market rate ceiling for center-based childcare providers in the general childcare, migrant, and California state preschool programs by providing reimbursement rate supplements, to be allocated over a 24-month period, as specified.
This bill instead would require $184,794,000 in one-time funding to be made available to address inequities between the standard reimbursement rate and the regional market rate ceiling for center-based childcare providers in the general childcare and development,
migrant childcare and development, childcare and development for children with special needs, and California state preschool programs by providing reimbursement rate supplements, and would revise those allocations over a 24-month period, as specified, thereby making an appropriation.
(31) Existing law appropriates $150,000,000 for the 2021–22 fiscal year to the State Department of Education for specified nutrition-related purposes, including $120,000,000 for allocation to local educational agencies to expend on kitchen infrastructure upgrades that will increase pupil access to, or improve the quality of, fresh and nutritious school meals. Existing law conditions receipt of that funding on a local educational agency reporting to the department, on or before June 30, 2023, on how it used the funding to improve the quality of school meals or increase participation in subsidized school meal programs.
This
bill would delay that reporting condition by one year until June 30, 2024.
(32) Existing law appropriates $750,000 to the California History-Social Science Project to develop, establish, and maintain a centrally located platform for hosting specified model curricula and appropriates $281,000 for the Superintendent, in consultation with and subject to the approval of the executive director of the State Board of Education, to contract with a nongovernmental research institution for the purpose of convening a Statewide Model Curriculum Coordinating Council to help ensure alignment and coordination in the development of those model curricula.
This bill would extend the time for which those moneys are available for encumbrance to until June 30, 2025, thereby making an appropriation.
(33) Existing law appropriates $85,000,000 to the
Superintendent and requires the Superintendent to allocate $50,000,000 of that appropriation to a county office of education that is then required to partner with the Fresno County Office of Education’s Early Math Initiative and collaborate with other state-sponsored and nonprofit mathematics and science educator training initiatives to do certain things, including expand existing statewide infrastructure and capacity to provide educator professional development and coaching in mathematics and science for grades 4 to 12, inclusive. Existing law requires the department, in consultation with the executive director of the State Board of Education, to establish a competitive process, administered by the department, to select, subject to approval by the executive director of the state board, a county office of education-led consortium with demonstrated expertise in developing and providing professional learning and mentoring for educators in public schools to strengthen math and science instruction for all
pupils, and requires applicants to demonstrate a desire and the capacity to work in collaboration with existing efforts to build a coherent and comprehensive system of statewide supports for all children from birth to grade 12, inclusive.
This bill would, among other things, require those provisions to specifically include computer science in addition to mathematics and science, thereby making an appropriation.
(34) Existing law requires the department and the California Collaborative for Educational Excellence to establish a process, administered by the department, to select, subject to approval by the executive director of the state board, one or more local educational agencies with expertise in developing and providing high-quality professional learning to teachers and paraprofessionals in public schools serving transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to conduct
specified activities in a manner that aligns with the statewide system of support. Existing law requires the department to prioritize applicants that propose to partner with a county office of education or consortium of county offices of education that were part of the consortia awarded a grant as part of the Educator Workforce Investment Grant Program. Existing law appropriates $20,000,000 to the department for allocation in a manner consistent with these provisions.
This bill would, for purposes of that appropriation, instead require the department and the collaborative, through a competitive grant process and subject to the approval of the executive director of the state board, to select a county office of education or a consortium of county offices of education, thereby making an appropriation, and to prioritize applications from a county office of education or consortium of county offices of education that were part of the consortia awarded a grant as part of
the Educator Workforce Investment Grant Program. The bill would authorize applicants to submit an application in partnership with one or more institutions of higher education or one or more nonprofit organizations.
(35) Existing law appropriates $15,000,000 to the department for allocation to one or more local educational agencies, as specified, to coordinate and support professional learning opportunities for educators across the state. Existing law requires the department, through a competitive grant and subject to approval by the executive director of the state board, to select one or more institutions of higher education or nonprofit organizations with expertise in developing and providing professional learning to teachers and paraprofessionals in public schools serving kindergarten and grades 1 to 12, inclusive, to, in partnership with a county office of education or consortium of county offices of education, provide professional learning
for teachers and paraprofessionals statewide in strategies for providing high-quality instruction and computer science learning experiences aligned to the computer science content standards in a manner that aligns with the statewide system of support.
This bill would instead require the department to allocate that appropriation to one or more county offices of education for those purposes and would require the department, through a competitive grant process and subject to the approval of the executive director of the state board, to instead select a county office of education or a consortium of county offices of education with that specified expertise, thereby making an appropriation. The bill would authorize applicants to submit an application in partnership with one or more institutions of higher education or one or more nonprofit organizations.
(36) Existing law appropriates $3,560,885,000 from the
General Fund to the department to establish the Arts, Music, and Instructional Materials Discretionary Block Grant, for allocation by the Superintendent to county offices of education, school districts, charter schools, and the state special schools, in accordance with a formula based on a per-pupil basis, as provided.
This bill would, among other things, instead require the Superintendent to apportion those funds proportionally on the basis of an equal amount per unit of average daily attendance for kindergarten and grades 1 to 12, inclusive, and would provide that the average daily attendance for the state special schools for these purposes shall be deemed to be 97% of enrollment, as specified.
(37) Existing law appropriates $250,000,000 from the General Fund to the Superintendent for allocation to local educational agencies meeting certain criteria for the Literacy Coaches and Reading Specialists
Grant Program in order to employ and train literacy coaches and reading and literacy specialists to develop school literacy programs, mentor teachers, and develop and implement interventions for pupils in need of targeted literacy support, as provided. Existing law defines local educational agencies for these purposes to mean a school district, county office of education, or charter school.
This bill instead would define local educational agency for those purposes to mean an elementary or unified school district, county office of education, or charter school.
(38) Existing law appropriates money from the General Fund to the State Department of Social Services for childcare purposes.
This bill would make available $2,000,000 from those funds to provide a state-subsidized childcare or preschool provider operating or serving a program funded by a county,
alternative payment program, or family child care home education network up to 16 paid nonoperational days for use between the effective date of this act and June 30, 2023, inclusive, if the provider is closed due to COVID-19 self-quarantine or self-isolation, when recommended by local public health department guidelines, and would require the State Department of Social Services and State Department of Education to issue guidance, as specified. By adding a new purpose for which previously appropriated funds may be spent, this bill would make an appropriation.
(39) This bill would update references and make other conforming and technical changes.
(40) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(41) Certain 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.
(42) 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: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2575.4 of the Education Code is amended to read:2575.4.
Commencing with the 2022–23 fiscal year, the Superintendent shall adjust the county local control funding formula calculation as follows:(a) Determine the amount of the county local control funding formula attributed to the annual inflation adjustment for each fiscal year as the sum of the following:
(1) That portion of the county office of education operations grant, authorized pursuant to subdivision (a) of Section 2574, which is attributed to the rate change pursuant to paragraph (4) of subdivision (a) of Section 2574.
(2) That portion of the
alternative education grant, authorized pursuant to subdivision (c) of Section 2574, which is attributed to the rate change pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574.
(b) Add the amount calculated in subdivision (a) to the base entitlement for the transition to the county local control funding formula determined pursuant to paragraphs (1) and (2) of subdivision (a) of Section 2575.
(c) Add the amount calculated in subdivision (a) to the amount of the minimum guarantee determined pursuant to subdivision (h) of Section 2575, unless the amount of local revenue calculated pursuant to subdivision (c) of Section 2575 exceeds the county local control funding formula entitlement calculated pursuant to subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined by subdivision (g) of Section 2575, in which case the add-on amount
shall be zero.
SEC. 2.
Section 8202.6 is added to the Education Code, to read:8202.6.
(a) (1) The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts.(2) The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources.
(3) The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system.
(b) The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022.
(c) The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023.
(d) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt
from the review or approval of any division of the Department of General Services.
(e) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (d) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.
SEC. 3.
Section 8208 of the Education Code is amended to read:8208.
(a) (1) A three- or four-year-old child is eligible for the part-day California state preschool program if the child’s family is one of the following:(A) A current aid recipient.
(B) Income eligible.
(C) Homeless.
(D) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected
neglected, or exploited.
(E) (i) One that has children with exceptional needs, as defined in Section 8205.
(ii) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this subparagraph. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in subparagraphs (A) to (D), inclusive.
(2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled,
calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(3) Notwithstanding any other law, Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2).
(4) Notwithstanding any other law, after all otherwise eligible
children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school, as set forth in Section 8217, may enroll three- and four-year-old children.
(b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000.
(c) (1) (A) Commencing July 1, 2022, until June 30, 2023, inclusive, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(B) Commencing July 1, 2023, to June 30, 2024, inclusive, at least 7.5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(C) Commencing July 1, 2024, at least 10 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205, and serve those children.
(2) (A) The
department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1).
(B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
(C) (i) On and after July 1,
2026, any agency not meeting the requirement described in paragraph (1) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (ii).
(ii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1).
(3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(4) (A) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are
filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022.
(B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023.
(d) (1) A three- or four-year-old child is eligible for a full-day California state preschool program if the family meets both of the following requirements:
(A) The child’s family is one of the following:
(i) A current aid recipient.
(ii) Income eligible.
(iii) Homeless.
(iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected neglected, or exploited.
(v) (I) One that has children with exceptional needs, as defined in Section 8205.
(II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive.
(B) The child’s family needs the childcare services because of either the following:
(i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following:
(I) A recipient of protective services.
(II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation.
(III) Being homeless.
(ii) The child’s parents are one of the following:
(I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession.
(II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate.
(III) Employed or seeking employment.
(IV) Seeking permanent housing for family stability.
(V) Incapacitated.
(2) (A) (i) Commencing July 1, 2022, until June 30, 2023, inclusive, at least 5 percent of a part-day
full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(B)
(ii) Commencing July 1, 2023, to June 30, 2024, inclusive, at least 7.5 percent of a part-day full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205.
(C)
(iii) Commencing July 1, 2024, at least 10 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. 8205, and serve those children.
(D)
(B) (i) The department shall review data
on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraphs (A) to (C), inclusive. subparagraph (A).
(ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraphs (A) to (C), inclusive, subparagraph (A)
at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraphs (A) to (C), inclusive, subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs.
(iii) (I) On and after July 1, 2026, any agency not meeting the requirement described in subparagraph (A) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (II).
(II) The Superintendent shall create an ongoing
waiver process for agencies not able to meet the requirement described in subparagraphs (A) to (C), inclusive.
subparagraph (A).
(E)
(C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(F)
(D) (i) Notwithstanding the
rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022.
(ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023.
(3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old
children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold.
(3)
(4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraph (1) paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services
to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (B) of paragraph (1).
(4)
(5) After all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school as set forth in Section 8217 may enroll any
three- or four-year-old child.
(e) (1) With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility or ongoing eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months.
(2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified
in Sections Section 8205.
(3) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility, as described in Section 8213, and the family’s ongoing eligibility for services shall at that time be recertified.
(4) A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification.
(f) (1) Because a family that
meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period.
(2) Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud.
(g) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision
(e) through management bulletins or similar letters of instruction on or before December 31, 2022.
(2) The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2023.
(h) The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes.
SEC. 4.
Section 8210 of the Education Code is amended to read:8210.
(a) Each applicant or contracting agency shall give priority for part-day programs according to the following:(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.
(2)(A)(i)Until June 30, 2024, the second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.
(ii)Commencing July 1, 2024, to
(2) (A) To the extent that there are additional three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the 10 percent of funded enrollment set aside pursuant to Section 8208, the second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213.
(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at
the time of enrollment, shall be enrolled first.
(3) (A) The third priority for services shall be given to eligible four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to subparagraph (E) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child with exceptional needs shall be enrolled first.
the child that has been on the waiting list for the longest time shall be admitted first.
(iii)If there are no families with a child with exceptional needs, the child that has been on the waiting list for the longest time shall be admitted first.
(4) The fourth priority shall be given to eligible three-year-old children. This priority shall not include children eligible pursuant to subparagraph (E) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. Enrollment determinations within
this priority category shall be made pursuant to subparagraph (B) of paragraph (3).
(5) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213. Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the 10 percent of funded enrollment set aside pursuant to Section 8208, then to four-year-old children before three-year-old children without exceptional needs.
(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, the contractor may enroll the children in the following order:
(A) A California preschool program site operating within the attendance boundaries of a qualified free and reduced priced meals school, in accordance with Section 8217, may enroll any three- or four-year-old children whose families reside within the attendance boundary of the qualified elementary school. These children shall, to the extent possible, be enrolled by lowest to highest income according to the most recent schedule of income ceiling eligibility table.
(B) Children enrolling in the California state preschool program to provide expanded learning and care to transitional kindergarten or kindergarten pupils, pursuant to subdivision (l) of Section 48000.
(b) The Superintendent shall set criteria for, and may
grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) (1) Children with exceptional needs enrolled in the percent of funded enrollment set aside pursuant to paragraph (1) of subdivision (c) of Section 8208 shall be enrolled without regard to the priorities listed in subdivision (a).
(2) Within this category, eligible children with the lowest income according to the
income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(3) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.
SEC. 5.
Section 8211 of the Education Code is amended to read:8211.
(a) Each applicant or contracting agency shall give priority for full-day programs according to the following:(1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused or exploited upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.
(2) (A) To the extent that there are additional three- and four-year-old children with
exceptional needs interested in enrolling beyond those already enrolled in the percent of funded enrollment set aside pursuant to paragraph (1) of subdivision (c) of Section 8208, the second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213.
(B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(3) (A) The third priority for services shall be given to eligible four-year-old children who are not enrolled in a state-funded transitional kindergarten program.
This priority shall not include children eligible pursuant to subparagraph (E) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213.
(B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a the child with exceptional needs that has been on the waiting list for the longest time shall be enrolled admitted first.
(iii)If there are no families with a child with exceptional needs, the child that has been on the waiting list for the longest time shall be admitted first.
(4) The fourth priority shall be given to eligible three-year-old children. This priority shall not include children eligible pursuant to subparagraph (E) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described
in Section 8213. Enrollment determinations within this priority category shall be made pursuant to subparagraph (B) of paragraph (3).
(5) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213. Within this priority category, priority shall be given to three- and four-year-old children with an individualized family service plan or individualized education program, then four-year-old children before three-year-old children without an individualized family service plan or individualized education program.
(6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, the contractor may enroll the
children in the following order:
(A) The contractor may enroll three- and four-year-old children from families that meet eligibility criteria pursuant to paragraph (3) (4) of subdivision (d) of Section 8208. Within this priority, contractors shall enroll families in income ranking order, lowest to highest, and within income ranking order, enroll four-year-old children before three-year-old children.
(B) For California state preschool program sites operating within the attendance boundaries of a qualified free and reduced priced meals school, in accordance with Section 8217, the contractor may enroll any three- and four-year-old children whose families reside within the attendance boundary of
the qualified school without establishing eligibility or a need for services pursuant to paragraph (1) or (3) of subdivision (d) of Section 8208. These families shall, to the extent possible, be enrolled in income ranking order, lowest to highest.
(b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid.
(c) (1) Children with exceptional needs enrolled in the percent of funded enrollment set aside pursuant to paragraph (1) of
subdivision (c) of Section 8208 shall be enrolled without regard to the priorities listed in subdivision (a).
(2) Within this category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first.
(3) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first.
SEC. 6.
Section 8217 of the Education Code is amended to read:8217.
(a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are eligible for free or reduced-price meals, may enroll three- and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following:(1) Enrollment of eligible
three- and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within the attendance boundary of the qualifying public school pursuant to this subdivision. Providers shall require proof of residency as a condition of enrollment.
(2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income.
(b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a)
through management bulletins or similar letters of instruction issued on or before December 1, 2019. 2022.
(2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2020. The department shall convene a workgroup of parents, advocates, department staff, child development program representatives, and other stakeholders to develop recommendations regarding the implementation of subdivision (a). 2023.
(c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school.
SEC. 7.
Section 8240 of the Education Code is amended to read:8240.
(a) The Superintendent(b) Priority shall be given by the department to the employment of persons in preschool programs with ethnic backgrounds which are similar to those of the child for whom child development services are provided.
(c) For purposes of staffing preschool programs, the role of a teacher in child supervision means direct supervision of the children as well as supervision of aides and groups of children.
(d) Family childcare homes shall operate pursuant to adult/child ratios prescribed in Chapter 7 3 (commencing with Section 86001) 102351.1) of Division 6 12 of Title 22 of the California Code of Regulations.
(e) Approval by the Superintendent of Public Instruction of any ongoing or new programs seeking to operate under the ratios and standards established by the Superintendent of Public Instruction under this chapter shall be based upon the following considerations:
(1) The type of facility in which care is being or is to be provided.
(2) The ability of the Superintendent of Public Instruction to implement a funding source change.
(3) The proportion of nonsubsidized children enrolled or to be enrolled by the agency.
(4) The most cost-effective ratios possible for the type of services provided or to be provided by the agency.
SEC. 8.
Section 8241.5 of the Education Code is amended to read:8241.5.
(a) It is the intent of the Legislature for the state preschool contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded preschool programs by identifying them as a dual language learner through a family language instrument and support their needs through a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life.(b) The Superintendent shall develop procedures for state preschool contractors to identify and report data on dual language learners enrolled in a preschool program administered pursuant to Article 2 (commencing with Section 8207).
(c) The procedures developed by the Superintendent pursuant to this section to identify dual language learners shall, at a minimum, include all of the following:
(1) (A) The distribution and collection of a completed family language instrument developed by the Superintendent from a parent or guardian of each child enrolled in a preschool program upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, which languages the child
understands, and which languages the child is able to speak.
(B) Notwithstanding subparagraph (A), a state preschool contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency may use that designation as an English learner to identify the child as a dual language learner.
(2) Criteria for state preschool contractors to use to accurately identify dual language learners enrolled in their preschool programs based on the information collected from the family language instrument and criteria for the family language and interest interview.
(d) For any child enrolled in a preschool program who has been identified as a dual language learner pursuant to subdivision (c), a family language and interest interview shall be conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child. The Superintendent shall develop the family language and interest interview to be used by teachers and designated staff for purposes of this subdivision.
(e) The reported data about dual language learners and a preschool program shall include, at a minimum, all of the following:
(1) A child’s home language, the language the
child uses most, and the family’s preferred language in which to receive verbal and written communication.
(2) A child’s race or ethnicity.
(3) Language characteristics of the preschool program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages.
(4) The language composition of the program staff.
(f) To the maximum extent possible, the Superintendent shall use existing enrollment and reporting procedures for state preschool contractors to meet the requirements of this section.
(g) (1) To ensure dual language learners and
their linguistic and developmental needs are accurately identified in order to be effectively supported by state preschool contractors, the Superintendent shall develop clear implementation procedures and related guidance for state preschool contractors.
(2) The Superintendent shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before August 15, 2022, the Superintendent shall develop informal directives and bulletins to implement this section until the time regulations are adopted.
(h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System.
(i) The procedures developed by the Superintendent to identify dual language
learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system.
(j) The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility of the state preschool contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by state preschool contractors shall not impact the status of a provider within a family childcare home education network.
SEC. 9.
Section 8242 of the Education Code is amended to read:8242.
(a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.(1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services.
(2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
(b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate
shall be twelve thousand nine hundred sixty-eight dollars ($12,968).
(B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).
(2) Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.
(c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following:
(A) The 75th percentile of the 2018 regional market rate survey.
(B) The contract per-child reimbursement amount as of December 31, 2021. 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).
(2) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:
(A) Address, including ZIP Code.
(B) Race and ethnicity.
(C) Gender.
(D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
(E) What types of federal relief funds have been received from the state.
(F) Use of federal relief funds received.
(G) Documentation that the provider met certifications as required by federal law.
(3) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
SEC. 10.
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.(b) For the 2021–22 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2024.
(c) (1) Of the total amount appropriated under subdivision (b), the
Superintendent shall allocate two hundred million dollars ($200,000,000) in the 2021–22 fiscal year to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2020–21 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 23 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 24 to 99 pupils, inclusive, the minimum base grant shall be fifty thousand dollars ($50,000).
(iii) For local educational agencies with an enrollment of 100 or more
pupils, the minimum base grant shall be one hundred thousand dollars ($100,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building.
(C) Of the remaining funds after allocations under subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2019–20 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment
shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year for each local educational agency.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574 certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding
any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for four-year-old children. Allowable costs include, but are not necessarily limited to, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do both of the following:
(A) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, recipient information and participating in overall program evaluation.
(B) Develop a plan for consideration by the governing board or body at a public meeting on or before June 30, 2022, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs.
(4) (A) Funds that are allocated or awarded
pursuant to this subdivision shall be expended by June 30, 2026. The department shall then initiate collection proceedings for unexpended funds.
(B) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to paragraph (3).
(d) (1) For the 2022–23 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2026. The Superintendent shall allocate funds to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs, as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2021–22 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 500 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 501 or more pupils, the minimum base grant shall be fifty thousand dollars ($50,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and
capacity building.
(C) Of the funds remaining after the allocations pursuant to subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2021–22 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2021–22 2020–21 fiscal year for each local educational agency.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2021–22 2020–21 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574, as applicable, and certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) Grant funds may be used for costs associated with creating or
expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for children fours four years of age. Allowable costs shall include, but are not necessarily limited to, classroom operating costs, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do all of the following:
(A) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, recipient information and participating in overall program evaluation.
(B) If the local educational agency
did not develop the plan required pursuant to subparagraph (B) of paragraph (3) of subdivision (c), develop a plan for consideration by the governing board or body at a public meeting on or before March 30, 2023, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs.
(B)
(C) Ensure expenditures are consistent with their local plan adopted pursuant to subdivision (c).
(C)
(D) Commit to planning with their county’s local planning council council, local tribes, and the California state preschool program and Head Start program providers in their region.
(E) Offer transitional kindergarten to all eligible pupils interested in transitional kindergarten within their attendance area by the 2025–26 school year.
(4) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2026. The department shall then initiate collection proceedings for unexpended funds.
(5) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner
inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subparagraph (A) of paragraph (3).
(e) (1) Of the total amount appropriated under subdivision (b), the Superintendent shall award one hundred million dollars ($100,000,000) in competitive grants to local educational agencies to increase the number of highly-qualified teachers available to serve California state preschool programs and transitional kindergarten pupils, and to provide California state preschool program, transitional kindergarten, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting dual language learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline,
pursuant to this section. These funds shall be available for encumbrance until June 30, 2024.
(2) The Superintendent shall develop and administer a process to award grants under paragraph (1), subject to approval of the executive director of the state board, on a competitive basis to local educational agencies. To apply for a grant, a local educational agency shall submit an application to the department describing how it will allocate funds and increase either the number of credentialed teachers meeting the requirements of subdivision (g) of Section 48000, or the competencies of California state preschool programs, transitional kindergarten, and kindergarten teachers to enhance their ability to provide instruction in inclusive classrooms, provide culturally responsive instruction, support dual language learners, enhance social-emotional learning, implement trauma-informed and restorative practices, and mitigate implicit biases to eliminate
exclusionary discipline.
(3) A local educational agency may apply on behalf of a consortium of providers within the local educational agency’s program area, including California state preschool programs and Head Start programs operated by community-based organizations.
(4) An applicant shall demonstrate all of the following to be considered for a grant award:
(A) A need for preschool and transitional kindergarten or kindergarten professional development in a region.
(B) A need for preschool and transitional kindergarten teachers in a region.
(C) The presence of, or plan to create, inclusive classroom settings.
(D) The ability
to connect the preschool, transitional kindergarten, or kindergarten program to before and after school programs and extended day services.
(E) A plan to integrate preschool, transitional kindergarten, and kindergarten professional development opportunities.
(F) A plan for recruiting new preschool, transitional kindergarten, or kindergarten teachers with experience in early learning and care settings and collaborating with institutions of higher education to ensure a qualified prekindergarten teacher pipeline.
(G) A plan for how principals and administrators overseeing the transitional kindergarten program, or other prekindergarten program, will receive training and professional development on the value and tenets of effective instruction for young children.
(5) In awarding grants under paragraph (1), the Superintendent shall establish a methodology that accounts for all of the following:
(A) The percentage of transitional kindergarten and kindergarten pupils eligible for free and reduced-price meals.
(B) The percentage of dual language learners that the local educational agency is serving or is planning to serve in a California state preschool program or transitional kindergarten program.
(C) The percentage of pupils with disabilities the local educational agency is serving or planning to serve in an inclusive California state preschool program or transitional kindergarten program.
(D) The percentage of pupils served, or planned to be served, in full-day California state preschool,
transitional kindergarten, or kindergarten programs offered by the local educational agency or community-based organizations.
(E) The extent to which applicants operate in an attendance area where a significant disproportionality of particular races or ethnicities, as described in Section 1418(d) of Title 20 of the United States Code, has been identified in special education.
(F) The extent to which the local educational agency is located in an area that has more than three young children, three to five years of age, inclusive, for every licensed childcare slot.
(G) The extent to which applicants plan to partner with community-based California state preschool programs and Head Start programs in their program area to ensure those teachers have access to professional development along with teachers employed by the
local educational agency.
(6) Grants awarded under paragraph (1) for professional development may be used for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners. Professional development grant funds shall be used for any of the following purposes:
(A) Tuition, supplies, and other related educational expenses.
(B) Transportation and childcare costs incurred as a result of attending classes.
(C) Substitute
teacher pay for California state preschool program, transitional kindergarten, and kindergarten professionals that are currently working in a California state preschool program, transitional kindergarten, or kindergarten classroom.
(D) Stipends and professional development expenses, as determined by the Superintendent.
(E) Career, course, and professional development coaching, counseling, and navigation services.
(F) Linked courses, cohorts, or apprenticeship models.
(G) Training and professional development for principals and other administrators of transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, on the value and tenets of effective instruction for young children.
(H) Other educational expenses, as determined by the Superintendent.
(7) Local educational agencies awarded funding pursuant to paragraph (1) may partner with local or online accredited institutions of higher education or local agencies that provide high-quality or credit-bearing trainings, or apprenticeship programs that integrate and embed higher education coursework with on-the-job training of professionals.
(8) Professional learning provided pursuant to this subdivision shall, as applicable, be aligned to the preschool learning foundations and academic standards pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.8, and 60605.11, as those sections read on June 30, 2020, and former Section 60605.85, as that section read on June 30, 2014.
(9) Local educational agencies
receiving grants under this subdivision shall commit to providing program data to the department, as specified by the Superintendent, including, but not necessarily limited to, recipient information, including demographic information, educational progress, and the type of courses taken, and participating in overall program evaluation.
(10) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2024, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this subdivision.
(11) Notwithstanding any other law, on June 30, 2027, any unexpended funds of the amount awarded for purposes this subdivision shall revert to the General Fund.
(f) For purposes of this
section, “local educational agency” means a school district, county office of education, or charter school.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 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 2020–21 fiscal year.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (d) 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.
SEC. 11.
Section 8320 of the Education Code is amended to read:8320.
(a) The California Universal Preschool Planning Grant Program is hereby established with the goal of expanding access universally to preschool programs for three- and four-year-old children across the state through a mixed-delivery system.(b) As used in this section, the following definitions shall apply:
(1) “Children with exceptional needs” has the same meaning as defined in Section 8205.
(2) “Mixed-delivery system” means a system of early childhood education services that is delivered through a variety of providers, programs, and settings, including Head Start agencies or delegate agencies funded under the Head Start Act (42 U.S.C.
Sec. 9831, et seq.), public, private, or proprietary agencies, including community-based organizations, public schools, and local education agencies that offer center-based childcare and preschool programs, tribal childcare and preschool, and family childcare through a family child care childcare home education network.
(3) “Three- and four-year-old children” has the same meaning as “three-year-old children” and “four-year-old children,” as those terms are defined in Section 8205.
(4) “Universal preschool” means those programs that offer part-day or full-day, or both, educational programs for three- and four-year-old children, and may be offered through a mixed-delivery system.
(c) (1) (A) Pursuant to an appropriation in the annual Budget Act, for each of the 2022–23, 2023–24, and 2024–25 fiscal years, the Superintendent shall consult with the State Department of Director of Social Services, Services and shall create an application to award grant funds to one designated lead agency within each county, as set forth in this section.
Each county shall submit a single planning grant application.
(B) The county grant submission shall contain a signed agreement from the resource and referral agencies in the county and the local planning council.
(2) (A) (i) A local planning council established pursuant to Article 2 (commencing with Section 10485) of Chapter 31 of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have first priority for grant awards from their county’s allocation funds calculated for each county, as described paragraph (1) of subdivision (d).
(ii) A local planning council shall express interest through submitting a letter of
intent to the department on a template developed by the Superintendent in consultation with the State Department of Social Services.
(iii) If a local planning council wishes to partner with other counties in their region pursuant to subdivision (j), the local planning council shall indicate this intent in their letter of intent.
(B) (i) In counties where the local planning council does not submit a letter of intent to receive an award, a resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code that operates in the county may submit a joint letter of intent with the local planning council to the Superintendent, on a template developed by the Superintendent in consultation with the State Department of Social Services, indicating interest in conducting the
activities of this grant in their county.
(ii) The joint letter submitted pursuant to clause (i) shall designate a lead fiscal agency and describe the partnership the resource and referral agencies will use to meet the requirements of the grant.
(iii) If a resource and referral agency wishes to partner with other counties in their region pursuant to subdivision (j), the resource and referral agency shall indicate this intent in their letter of intent.
(C) Once letters of intent have been submitted, the Superintendent shall require the designated lead agency from each county to submit an application containing information, including, but not limited to, all of the following:
(i) A description of how it will allocate funds and achieve tasks described in
subdivision (f).
(ii) A description of how the applicant will partner with the county office of education and other local educational agencies in the county on the work required pursuant to Section 8281.5, to ensure activities conducted under this grant meet community needs for universal preschool in a mixed-delivery system not already addressed.
(D) All grantees shall be required to coordinate with the county office of education on the work required pursuant to Section 8281.5. In counties where the county office of education operates the resource and referral agency or the local planning council, the staff responsible for those activities at the county office of education shall be included and
financially supported to participate in the activities of this grant.
(E) The grantee shall form a single working group that shall include, but not be limited to, representatives from the county offices of education, school districts, charter schools offering transitional kindergarten, resource and referral programs, alternative payment programs operating preschool programs, First 5 county commissions, contracted state preschool programs, including both local education agency and community-based organization programs, general childcare programs serving preschool-age children, tribal preschool programs, private center-based childcare preschool providers, licensed family childcare providers, educators, exclusive bargaining representatives, Head Start, faculty at local institutions of higher education focusing on child
development or early childhood education, and early childhood education teacher preparation programs, including institutions of higher education.
(d) The Superintendent shall develop and administer a grant process and award grant funds to each county that applies for funding for the 2022–23 fiscal year as long as the application is in conformance with the requirements of this section. Funds shall be allocated using a methodology for determining the amount of funds in each county that accounts for all of the following:
(1) (A) Base grant funding that reflects the number of three- and four-year-old children in the county or region.
(B) Add-on funding that reflects both of the following:
(i) The number of
three- and four-year-old children in the county or region who are currently eligible for, but not enrolled in, subsidized preschool programs as part of the mixed-delivery system for universal preschool, as determined by the Superintendent.
(ii) The number of three- and four-year-old children with exceptional needs in the county or region.
(2) To the extent funds are available in the annual Budget Act for the 2023–24 and 2024–25 fiscal years, existing grantees shall be eligible to apply for a renewal grant subject to the terms and conditions developed by the Superintendent.
(e) Grant funds may be used for costs associated with any of the following:
(1) Assessing the parental preferences and the need for access to available high-quality universal
preschool through a mixed-delivery system for three- and four-year-old children in the county or region by program type.
(2) Establishing or strengthening partnerships with other providers of early childhood education services and family child care
childcare home education networks within the county or region’s mixed-delivery system and with tribal partners, to ensure that high-quality options for universal preschool, including inclusive preschool programs and multilingual programs, are available for three- and four-year-old children.
(3) Engaging in community-level coordination and planning with agencies participating in the county or region’s mixed-delivery system for the implementation of high-quality universal preschool options.
(4) Coordinating with special education local and regional partners, including regional centers and local educational agencies, to ensure three- and four-year-old children with exceptional needs in the county or region have access to universal preschool through the mixed-delivery system in the least restrictive environment in accordance with Section
1412(a)(5)(A) of Title 20 of the United States Code.
(5) Partnering with the regional agency responsible for the system described in Section 8203.1 to fund and support workforce development, coaching, and other quality improvement activities to support the universal preschool mixed-delivery system.
(6) Other costs, as specified by the Superintendent.
(f) Entities receiving grants pursuant to this subdivision shall do all of the following:
(1) Plan for the provision of high-quality universal preschool options for three- and four-year-old children, through a mixed-delivery system that ensures access to high-quality full- and part-day learning experiences, coordinated services, and referrals for families to access health and social-emotional support
services. Indicators of quality shall be determined by the Superintendent pursuant to Section 8203.
(2) Plan for increasing inclusion of children with exceptional needs in universal preschool.
(3) Assist existing and aspiring universal preschool site supervisors, teachers, and other support staff in identifying and accessing local workforce pathway programs, including financial support programs, to increase the number of site supervisors, teachers, and other support staff who have required credentials and degrees.
(4) Provide outreach services and enrollment support for families of three- or four-year-old children, to meet family needs and provide those children with high-quality full- and part-day learning experiences.
(5) Partner to plan for, align
and coordinate the plans, and conduct the activities described in paragraphs (1) to (4), inclusive, with all local educational agencies in the county or region that received funding pursuant to the California Prekindergarten Planning and Implementation Grant Program (Article 13.2 (commencing with Section 8281.5)).
(6) Partner with tribes to reflect family and tribal community needs, as sovereign nations, in the planning and implementation of the universal preschool mixed-delivery system.
(7) Commit to providing program data to the department, as specified by the Superintendent, including, but not necessarily limited to, plan development steps and participants engaged in the grant activities and planning, core needs of critical communities, including tribal communities, and recipient information and participation in overall program evaluation.
(8) Develop a plan for consideration by the governing board or body of the county office of education at a public meeting on or before June 30, 2023, for how all four-year-old children and an increased number of at-promise three-year-old children in the county may access full-day learning programs before kindergarten that meet the needs of parents, including through partnerships with the universal preschool programs in the mixed-delivery system and expanded learning offerings.
(g) If the entity receiving the grant in a county is a local planning council, the local planning council shall collaborate with, and subgrant funds where appropriate to, local resource and referral agencies to implement the activities of this section.
(h) If the entity receiving the grant in a county is a resource and referral agency, the
resource and referral agency shall collaborate with, and subgrant funds where appropriate to, the local planning council to implement the activities of this section.
(i) (A) Funds that are allocated or awarded pursuant to this section shall be expended by June 30, 2026. The department shall then initiate collection proceedings for unexpended funds.
(B) The department shall initiate collection proceedings for grant funds used by grantees in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subdivision (f).
(j) Nothing in this section shall be construed as prohibiting counties from joining together to address regional needs with their funding and developing regional plans.
(k) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2026, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this section.
(l) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be
exempt from the review or approval of any division of the Department of General Services.
(m) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (l) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.
SEC. 12.
Section 10873 of the Education Code is amended to read:10873.
(a) (1) The managing entity shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors,(2) The managing entity shall require a services contract, interagency agreement, or public entity agreement that includes or would include access to information described in paragraph (1), and entered into, renewed, or amended on or after July 1, 2021, to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in paragraph (1) as part of their services contract, interagency agreement, or public entity agreement with the managing entity.
(b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to paragraph (1) of subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the managing entity.
(c) The Department of Justice shall provide a state or federal level response to the managing entity pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The managing entity shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in paragraph (1) of subdivision (a).
(e) The Department
of Justice shall charge a fee sufficient to cover the cost of processing requests pursuant to this section.
SEC. 13.
Section 17250.52 is added to the Education Code, to read:17250.52.
Beginning January 1, 2023, a project using an alternative design-build contract, as defined in Section 17250.60, entered into on or after January 1, 2023, shall be governed by Chapter 2.6 (commencing with Section 17250.60).SEC. 14.
Chapter 2.6 (commencing with Section 17250.60) is added to Part 10.5 of Division 1 of Title 1 of the Education Code, to read:CHAPTER 2.6. Alternative Design-Build Contracts
17250.60.
For purposes of this chapter, the following definitions apply:(a) “Alternative design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price.
(b) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.
(2) A best value determination may involve the selection of the lowest
cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors.
(c) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.
(d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able
to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to an alternative design-build contract.
(e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team.
(2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
(f) “Project” means the construction of any school facility.
17250.61.
(a) A school district, with approval of its governing board, may procure alternative design-build contracts for projects in excess of five million dollars ($5,000,000), awarding the contract to either the low bid or the best value.(b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of an alternative design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into alternative design-build contracts authorized under
this chapter.
17250.62.
The procurement process for alternative design-build projects shall progress as follows:(a) (1) The school district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but are not limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the school district’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.
(2) The documents shall not include a design-build-operate contract for a project. The documents, however, may include operations during a training or transition period, but shall not include long-term operations for a project.
(b) The school district shall prepare and issue a request for qualifications in order to prequalify, or develop a short list of, the design-build entities whose proposals shall be evaluated for final selection. The request for qualifications shall include, but is not limited to, all of the following elements:
(1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the school district to evaluate proposals, the procedure for final selection of the design-build entity, and any other information deemed necessary by the school district to inform interested parties of
the contracting opportunity.
(2) Significant factors that the school district reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record, and all other nonprice-related factors.
(3) A standard template request for statements of qualifications prepared by the school district. In preparing the standard template, the school district may consult with the construction industry, the building trades and surety industry, and other school districts interested in using the authorization provided by this chapter. The template shall require the following information:
(A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members
known at the time of statement of qualification submission who will perform work on the project.
(B) Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that the proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project.
(C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.
(D) Evidence that establishes that the design-build
entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.
(E) Information concerning workers’ compensation experience history and a worker safety program.
(F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization.
(G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for
its business category, or if the proposer is a party to an alternative dispute resolution system, as provided for in Section 3201.5 of the Labor Code.
(4) (A) The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members.
(B) Information required under this subdivision that is not otherwise a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall not be open to public inspection.
(c) (1) A design-build entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the school district that the entity and its subcontractors at every
tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(2) This subdivision shall not apply if any of the following requirements are met:
(A) The school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.
(B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district before January 1, 2023.
(C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.
(3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(d) Based on the documents prepared as described in subdivision (a), the school district shall prepare a request for proposals that invites prequalified or shortlisted entities to submit competitive sealed proposals in the manner prescribed by the school district. The request for proposals shall include, but need not be limited to, the following elements:
(1) Identification of the basic scope
and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the school district to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity.
(2) Significant factors that the school district reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors.
(3) The relative importance or the weight assigned to each of the factors identified in the request for proposals.
(4) Where a best value selection method is used, the school district may reserve the right to request proposal revisions and hold discussions and negotiations with
responsive proposers, in which case the school district shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the school district to ensure that any discussions or negotiations are conducted in good faith.
(e) For those projects using low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or shortlisted design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder.
(f) For those projects using best value as a selection method, the alternative design-build competition shall progress as follows:
(1) Competitive proposals shall be evaluated by using only the criteria and selection procedures
specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district:
(A) The proposing design-build entity’s design cost, general conditions, overhead, and profit as a component of the project price, unless a stipulated sum is specified.
(B) Technical design and construction expertise.
(C) Life-cycle costs over 15 or more years.
(2) Pursuant to subdivision (d), the school district may hold discussions or negotiations with responsive proposers using the process articulated in the school district’s request for proposals.
(3) When the evaluation is complete, the responsive proposers shall be ranked based
on a determination of value provided, provided that no more than three proposers are required to be ranked.
(4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the school district to have offered the best value to the public.
(5) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. The contract awarded shall be subject to further negotiation and amendment pursuant to subdivision (c) of Section 17250.65.
(6) The statement regarding the school district’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an
external audit.
(g) A contract awarded pursuant to this chapter shall be deemed a construction contract within the meaning of Section 17603, and subject to the requirements of Section 20118.4 of the Public Contract Code. For purposes of this section, “original contract price,” as used in Section 20118.4 of the Public Contract Code, means the negotiated price established pursuant to subdivision (c) of Section 17250.65.
17250.63
(a) For purposes of this section, the following definitions apply:(1) “Project” means all construction, alteration, demolition, installation, repair, and maintenance work that is subject to a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code.
(2) “School district” means a school district that operates a labor compliance program that received final approval from the Department of Industrial Relations before January 1, 1997.
(b) A school district entering into a contract awarded pursuant to this chapter for a project that is subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall retain the discretion to do all of the following:
(1) Terminate the contract at any time before a final project design is submitted to the Division of the State Architect for approval.
(2) Modify the project design or feature in a manner the school district decides is necessary to comply with the California Environmental Quality Act, including, but not limited to, incorporation of mitigation measures identified in an environmental review document for the project to mitigate environmental impacts that the project may cause, or the adoption of alternatives to the project.
(3) Balance the benefits of the proposed project against any of the project’s significant environmental effects if the effects cannot be otherwise avoided or
mitigated to a less than significant level.
(4) Disapprove the project design and not proceed with the project’s final design and construction.
(c) A contract awarded pursuant to this chapter by a school district for a project shall include terms specifying conditions set forth in subdivision (b) and shall condition the commencement of any activity beyond the design phase of the contract in compliance with applicable laws, including the California Environmental Quality Act.
(d) A design-build entity or its subcontractors performing work on a project for a school district shall not engage in any activity, including demolition, excavation, grading, or construction, under a contract awarded pursuant to this chapter beyond the design phase unless the school district issues a notice pursuant to subdivision (a) of Section
21152 of the Public Resources Code, as applicable, and issues a notice to proceed with the construction.
(e) For purposes of procuring and awarding an alternative design-build contract for a project pursuant to this chapter, a school district is deemed to have complied with the California Environmental Quality Act if the school district complies with subdivision (b) and a contract awarded pursuant to this chapter contains the terms and conditions described in subdivision (c).
17250.64.
(a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.(b) The alternative design-build contract shall require errors and omissions insurance coverage for the design elements of the project.
(c) The school district shall develop a standard form of payment and performance bond for its alternative design-build projects.
17250.65.
(a) The school district, in each alternative design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code.(b) Following award of the alternative design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work:
(1) Provide
public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(2) Establish reasonable qualification criteria and standards.
(3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process described in this subdivision does not apply to construction subcontractors listed in the original proposal, including, but not limited to, the construction subcontractors that were identified as part of the design-build team. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1
of Division 2 of the Public Contract Code.
(c) Construction subcontracts shall be subject to an open book evaluation by the school district. Based on the open book evaluation, the school district shall set the price of the alternative design-build contract. The alternative design-build contract may be subject to further negotiation or amendment. If the school district and the design-build entity are unable to reach an agreement, the school district may terminate the alternative design-build contract.
(d) A licensed construction subcontractor that provides design services used on a project authorized by this chapter shall not be responsible for any liability arising from that subcontractor’s design if the construction subcontract for that design is not performed by that subcontractor.
17250.66.
(a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent.(b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or
refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor.
17250.67.
(a) A school district that uses the alternative design-build procurement method pursuant to this chapter shall, no later than January 1, 2028, submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the procurement method.(b) The report shall include, but is not limited to, the following information:
(1) A description of the projects awarded using the alternative design-build procurement method.
(2) The contract award amounts.
(3) The design-build entities awarded the projects.
(4) A description of any written protests concerning any aspect of the solicitation, bid, or award of the contracts, including the resolution of the protests.
(5) A description of the prequalification process.
(6) The number of subcontractors listed by construction trade type on each project that provided design services, but did not meet the target price for their scope of work and therefore did not perform construction services on that project.
(7) Whether the school district used any portion of a design prepared by a subcontractor that did not perform the construction work.
(8) The number of subcontractors listed by construction trade type on each project that meet the definition of a
small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code.
(9) The number of subcontractors listed by construction trade type on each project that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code.
(10) If a project awarded under this chapter has been completed, an assessment of the project performance, including, but not limited to, a summary of any delays or cost increases.
(c) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
17250.68.
Beginning January 1, 2023, this chapter shall govern a project using an alternative design-build contract entered into on or after January 1, 2023. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. This chapter shall not affect, invalidate, or limit any design-build contract awarded before the effective date of this chapter in accordance with Chapter 2.5 (commencing with Section 17250.10), including any contract awarded under that chapter using an alternative design-build methodology.17250.69.
This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.SEC. 15.
Section 32526 of the Education Code is amended to read: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) (1) Local educational agencies receiving apportionments pursuant to this section shall report
to the department, using the template developed by the department, and make publicly available on their internet websites, 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 final expenditure report shall forfeit all funds apportioned pursuant to this section.
(2) If a charter school ceases to operate before December 1, 2029, a final expenditure report shall be due to the department within 60 days of the effective date of closure and the department shall collect any unspent amounts.
(3) (A) The department, on or before June 30, 2023, shall develop an expenditure report template for use by local educational agencies in fulfilling the requirements of paragraph (1).
(B) The template shall require the inclusion of the total expenditures, by fiscal year, for each allowable use pursuant to paragraph (2) of subdivision (c), disaggregated by each allowable use specified in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c).
(C) The template shall, to the greatest extent practicable, use language that is understandable and accessible to parents.
(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.
SEC. 16.
Section 41850.1 of the Education Code is amended to read:41850.1.
(a) (1) 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(2) Home-to-school transportation expenditures reported for a school district with two component school districts under a common administration board pursuant to Section 35110 shall be divided among the component school districts in proportion to the transportation add-on amounts computed pursuant to paragraph (1) of subdivision (h) of Section 42238.02.
(3) For reorganized school districts, the prior fiscal year home-to-school transportation expenditures for purposes of paragraph (1) shall be determined as follows:
(A) A new school district shall be credited with the amount of eligible home-to-school transportation expenditures reported by each former school district before the reorganization. A new school district shall not be credited with eligible home-to-school transportation expenditures reported by divided school districts before the reorganization.
(B) An acquiring school district shall be credited with the amount of eligible home-to-school transportation expenditures it reported before the reorganization, plus the amount of eligible home-to-school transportation expenditures reported by each former school district before the reorganization. A new school district shall not be credited with eligible home-to-school transportation expenditures reported by divided school districts before the reorganization.
(C) The remaining portion of a divided school district shall be credited with eligible home-to-school transportation expenditures it reported before the reorganization.
(D) If the reorganization includes a former school district that has been wholly included in more than one new or acquiring school districts, the amount of eligible home-to-school transportation
expenditures shall be determined in a manner consistent with the adjustments made to the transportation add-on specified in paragraph (1) of subdivision (h) of Section 42238.02 pursuant to subdivision (c) of Section 35735.
(b) A local educational agency shall be subject to audits required by Section 41020 with respect to this section, including adoption of the transportation plan pursuant to Section 39800.1. The Controller shall include instructions appropriate to the enforcement of this section in the audit guide required by subdivision (a) of Section 14502.1.
(c) The department shall annually collect and publish transportation data from each local educational agency providing pupil transportation services and that receives an apportionment pursuant to this section. The data shall encompass ridership, miles driven, expenditure details, the number of
pupils transported, the demographic characteristics of pupils transported, including race, ethnicity, and socioeconomic status, and other data facilitating comparisons among local educational agencies. The department shall determine the specific data elements in consultation with the Legislature and with local experts experts, including the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8.
(d) As used in this section, “local educational agency” means a school district or county office of education that is providing school transportation services.
(e) School
districts and county offices of education 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.
SEC. 17.
Section 41851.12 of the Education Code is repealed.For the purpose of making apportionments under Section 41850.1, the Superintendent shall adopt regulations.
SEC. 18.
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.(b) (1) For purposes of this section “unduplicated pupil” means a pupil enrolled in a school district or a charter school who is either classified as an English learner, eligible for a free or reduced-price meal, or is a foster youth. A pupil shall be counted only once for purposes of this section if any of the following apply:
(A) The pupil is classified as an English learner and is eligible for a free or reduced-price meal.
(B) The pupil is classified as an English learner
and is a foster youth.
(C) The pupil is eligible for a free or reduced-price meal and is classified as a foster youth.
(D) The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth.
(2) Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a school district or charter school shall annually submit its enrolled free and reduced-price meal eligibility, foster youth, and English learner pupil-level records for enrolled pupils to the Superintendent using the California Longitudinal Pupil Achievement Data System.
(3) (A) Commencing with the 2013–14 fiscal year, a county office of education shall review and validate certified
aggregate English learner, foster youth, and free or reduced-price meal eligible pupil data for school districts and charter schools under its jurisdiction to ensure the data is reported accurately. The Superintendent shall provide each county office of education with appropriate access to school district and charter school data reports in the California Longitudinal Pupil Achievement Data System for purposes of ensuring data reporting accuracy.
(B) The Controller shall include the instructions necessary to enforce paragraph (2) in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the English learner, foster youth, and free or reduced-price meal eligible pupil counts are consistent with the school district’s or charter school’s English learner, foster youth, and free or reduced-price meal eligible pupil records.
(4) The Superintendent shall make the calculations pursuant to this section using the data submitted by local educational agencies, including charter schools, through the California Longitudinal Pupil Achievement Data System. Under timeframes and procedures established by the Superintendent, school districts and charter schools may review and revise their submitted data on English learner, foster youth, and free or reduced-price meal eligible pupil counts to ensure the accuracy of data reflected in the California Longitudinal Pupil Achievement Data System.
(5) The Superintendent shall annually compute the percentage of unduplicated pupils for each school district and charter school by dividing the enrollment of unduplicated pupils in a school district or charter school by the total enrollment in that school district or charter school pursuant to all of the following:
(A) For the 2013–14 fiscal year, divide the sum of unduplicated pupils for the 2013–14 fiscal year by the sum of the total pupil enrollment for the 2013–14 fiscal year.
(B) For the 2014–15 fiscal year, divide the sum of unduplicated pupils for the 2013–14 and 2014–15 fiscal years by the sum of the total pupil enrollment for the 2013–14 and 2014–15 fiscal years.
(C) For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of unduplicated pupils for the current fiscal year and the two prior fiscal years by the sum of the total pupil enrollment for the current fiscal year and the two prior fiscal years.
(D) (i) For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use
a school district’s or charter school’s enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils.
(ii) It is the intent of the Legislature to review each school district and charter school’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a school district or charter school with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year.
(E) (i) Notwithstanding any other law, for purposes of subparagraph (C), the unduplicated pupils and total pupil enrollment in prior fiscal years shall be the following:
(I) For a transferred charter school, the counts shall be equal to the counts reported for the original charter school.
(II) For an acquiring charter school, the counts shall be equal to the counts reported for the original charter school. This subclause shall become inoperative on July 1, 2025, unless its operation is extended by the Legislature.
(III) For the restructured portions of a divided charter school, the counts shall be zero.
(IV) For the remaining portion of a divided charter school, the counts shall be equal to the counts reported for the original charter school.
(ii) The definitions in Section 47654 apply for purposes of this subparagraph.
(6) Notwithstanding subdivision (a) of Section 14002, the data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341.
(c) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall annually calculate a local control funding formula grant for each school district and charter school in the state pursuant to this section.
(d) The Superintendent shall compute a grade span adjusted base grant equal to the total of the following amounts:
(1) For
the 2013–14 fiscal year, a base grant of:
(A) Six thousand eight hundred forty-five dollars ($6,845) for average daily attendance in kindergarten and grades 1 to 3, inclusive.
(B) Six thousand nine hundred forty-seven dollars ($6,947) for average daily attendance in grades 4 to 6, inclusive.
(C) Seven thousand one hundred fifty-four dollars ($7,154) for average daily attendance in grades 7 and 8.
(D) Eight thousand two hundred eighty-nine dollars ($8,289) for average daily attendance in grades 9 to 12, inclusive.
(2) In each year the grade span adjusted base grants in paragraph (1) shall be adjusted 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 published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
(3) (A) The Superintendent shall compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant as adjusted pursuant to paragraphs (2) and (5) equal to 10.4 percent. The additional grant shall be calculated by multiplying the kindergarten and grades 1 to 3, inclusive, base grant, as adjusted by
paragraphs (2) and (5), by 10.4 percent.
(B) Until paragraph (4) of subdivision (b) of Section 42238.03 is effective, as a condition of the receipt of funds in this paragraph, a school district shall make progress toward maintaining an average class enrollment of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative annual average class enrollment for each schoolsite in those grades is agreed to by the school district, pursuant to the following calculation:
(i) Determine a school district’s average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the prior year. For the 2013–14 fiscal year, this amount shall be the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the 2012–13 fiscal year.
(ii) Determine a school district’s proportion of total need pursuant to paragraph (2) of subdivision (b) of Section 42238.03.
(iii) Determine the percentage of the need calculated in clause (ii) that is met by funding provided to the school district pursuant to paragraph (3) of subdivision (b) of Section 42238.03.
(iv) Determine the difference between the amount computed pursuant to clause (i) and an average class enrollment of not more than 24 pupils.
(v) Calculate a current year average class enrollment adjustment for each schoolsite for kindergarten and grades 1 to 3, inclusive, equal to the adjustment calculated in clause (iv) multiplied by the percentage determined pursuant to clause (iii).
(C) School districts that have an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24 pupils or less for each schoolsite in the 2012–13 fiscal year, shall be exempt from the requirements of subparagraph (B) so long as the school district continues to maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils, unless a collectively bargained alternative ratio is agreed to by the school district.
(D) (i) Upon full implementation of the local control funding formula, as a condition of the receipt of funds in this paragraph, all school districts shall maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative ratio is
agreed to by the school district.
(ii) Notwithstanding clause (i), for purposes of meeting the requirements of paragraph (1) of subdivision (g) of Section 48000, a school district shall maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite consistent with the requirements of paragraph (1) of subdivision (g) of Section 48000. schoolsite.
(E) The average class enrollment requirement for each schoolsite for kindergarten and grades 1 to 3, inclusive, established pursuant to this paragraph shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent.
(F) The Controller shall include the instructions necessary to enforce this paragraph in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, exceeds 24 pupils, or an alternative
average class enrollment for each schoolsite pursuant to a collectively bargained alternative ratio. The procedures for determining average class enrollment for each schoolsite shall include criteria for employing sampling.
(4) The Superintendent shall compute an additional adjustment to the base grant for grades 9 to 12, inclusive, as adjusted pursuant to paragraphs (2) and (5), equal to 2.6 percent. The additional grant shall be calculated by multiplying the base grant for grades 9 to 12, inclusive, as adjusted by paragraphs (2) and (5) by 2.6 percent.
(5) For the 2022–23 fiscal year, the Superintendent shall increase the base grants for kindergarten and grades 1 to 12, inclusive, by 6.28 6.7
percent. This adjustment shall be calculated by multiplying the grade span-adjusted base grants calculated pursuant to paragraph (2) for the 2021–22 fiscal year by 6.28 6.7 percent. The adjustment shall be included in grade span-adjusted base grants amounts for purposes of the adjustment pursuant to paragraph (2) commencing with the 2023–24 fiscal year.
(e) The Superintendent shall compute a supplemental grant add-on equal to 20 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of
subdivision (b). The supplemental grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 20 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in that school district or charter school. The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
(f) (1) (A) The Superintendent shall compute a concentration grant add-on equal to 50 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in
excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 50 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school.
(B) Commencing with the 2021–22 fiscal year, the concentration grant add-on referenced in subparagraph (A) shall instead be equal to 65 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to
paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 65 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school.
(2) (A) For a charter school physically located in only one school district, the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the
school district in which the charter school is physically located. For a charter school physically located in more than one school district, the charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed that of the school district with the highest percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school districts in which the charter school has a school facility. The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
(B) For purposes of this paragraph and subparagraph (A) of paragraph (1) of subdivision (f) of Section 42238.03, a charter school shall report its physical location to the department under timeframes established by the department. For a charter school authorized by a school
district, the department shall include the authorizing school district in the department’s determination of physical location. For a charter school authorized on appeal pursuant to subdivision (k) of Section 47605, the department shall include the school district that initially denied the petition in the department’s determination of physical location. Notwithstanding subdivision (a) of Section 14002, the reported physical location of the charter school shall be considered final as of the second principal apportionment for that fiscal year, and, for purposes of this paragraph, the percentage of unduplicated pupils of the school district associated with the charter school pursuant to subparagraph (A) shall be considered final as of the second principal apportionment for that fiscal year.
(g) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and
concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2, for the 2012–13 fiscal year, as that article read on January 1, 2013. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount of funding received by the school district or charter school from that program in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03.
(2) Notwithstanding Section 42238.05, commencing with the 2022–23 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to two thousand
eight hundred thirteen dollars ($2,813) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2023–24 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (2) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph.
(h) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of
Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290), as those articles read on January 1, 2013, for the 2012–13 fiscal year. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount received by the school district or charter school for those programs in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03.
(2) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent from any of the
funding sources specified in paragraph (1) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of the entitlement to funding transferred by the joint powers agency to the member school district or charter school.
(3) Commencing in the 2023–24 fiscal year, the add-on amounts referenced in paragraphs (1) and (2) shall receive the annual cost-of-living adjustment specified in paragraph (2) of
subdivision (d).
(i) (1) The sum of the local control funding formula rates computed pursuant to subdivisions (c) to (f), inclusive, shall be multiplied by:
(A) For school districts, the average daily attendance of the school district in the corresponding grade level ranges computed pursuant to Section 42238.05, excluding the average daily attendance computed pursuant to paragraph (2) of subdivision (a) of Section 42238.05 for purposes of the computation specified in subdivision (d).
(B) For charter schools, the total current year average daily attendance in the corresponding grade level ranges.
(2) The amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed pursuant to paragraphs
(1) to (4), inclusive, of subdivision (d), as multiplied by subparagraph (A) or (B) of paragraph (1), as appropriate.
(j) The Superintendent shall adjust the sum of each school district’s or charter school’s amount determined in subdivisions (g) to (i), inclusive, pursuant to the calculation specified in Section 42238.03, less the sum of the following:
(1) (A) For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part
18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code.
(4) Prior years’ taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section 41603.
(6) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or deferred maintenance and that is not an amount received
pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities.
(7) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution.
(k) A school district shall annually transfer to each of its charter schools funding in lieu of property taxes pursuant to Section 47635.
(l) (1) This section does not authorize a school district that receives funding on behalf of a charter school pursuant to
Section 47651 to redirect this funding for another purpose unless otherwise authorized in law pursuant to paragraph (2) or pursuant to an agreement between the charter school and its chartering authority.
(2) A school district that received funding on behalf of a locally funded charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or a school district that was required to pass through funding to a conversion charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42606, as that section read on January 1, 2013, may annually redirect for another purpose a percentage of the amount of the funding received on behalf of that charter school. The percentage of funding that may be redirected shall be determined pursuant to the following computation:
(A) (i) Determine the sum of the need fulfilled for that charter school pursuant to paragraph (3) of subdivision (b) of Section 42238.03 in the then current fiscal year for the charter school.
(ii) Determine the sum of the need fulfilled in every fiscal year before the then current fiscal year pursuant to paragraph (3) of subdivision (b) of Section 42238.03 adjusted for changes in average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.03 for the charter school.
(iii) Subtract the amount computed pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42238.03 from the amount computed for that charter school under the local control funding formula entitlement computed pursuant to subdivision (i) of this section.
(iv) Compute a percentage by dividing the sum of the amounts computed pursuant to clauses (i) and (ii) by the amount computed pursuant to clause (iii).
(B) Multiply the percentage computed pursuant to subparagraph (A) by the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013.
(C) The maximum amount that may be redirected shall be the lesser of the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013,
or the amount computed pursuant to subparagraph (B).
(3) Commencing with the 2013–14 fiscal year, a school district operating one or more affiliated charter schools shall provide each affiliated charter school schoolsite with no less than the amount of funding the schoolsite received pursuant to the charter school block grant in the 2012–13 fiscal year.
(m) Any calculations in law that are used for purposes of determining if a local educational agency is an excess tax school entity or basic aid school district, including, but not limited to, this section and Sections 41544, 42238.03, 47632, 47660, 47663, 48310, and 48359.5, and Section 95 of the Revenue and Taxation Code, shall exclude the revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution.
(n) The funds apportioned pursuant to this section and Section 42238.03 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
(o) A school district that does not receive an apportionment of state funds pursuant to this section, as implemented pursuant to Section 42238.03, excluding funds apportioned pursuant to the requirements of subparagraph (A) of paragraph (2) of subdivision (e) of Section 42238.03, shall be considered a “basic aid school district” or an “excess tax entity.”
SEC. 19.
Section 42238.023 of the Education Code is amended 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:(1) Divide the total average daily attendance in the 2019–20 fiscal year reported for both the second period and the annual period apportionment, as applicable, by
total enrollment from the California Longitudinal Pupil Achievement Data System Fall 1 Certification for the 2019–20 fiscal year. This amount shall not exceed a value of one.
(2) Divide the total average daily attendance in the 2021–22 fiscal year reported for both the second period and annual period apportionment, as applicable, by total enrollment from the California Longitudinal Pupil Achievement Data System Fall 1 Certification for the 2021–22 fiscal year. This amount shall not exceed a value of one.
(3) Divide the amount determined in paragraph (1) by the amount determined in paragraph (2). If the resulting quotient is greater than one, the local educational agency’s 2021–22 fiscal year average daily attendance shall be adjusted pursuant to subdivision (b).
(b) (1) For county offices of
education, the Superintendent shall multiply the county office of education’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for the purpose of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 2574 and 2576.
(2) For school districts, the Superintendent shall make the following adjustments:
(A) Multiply the school district’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for purposes of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 42238.02 and 42238.03.
(B) Multiply the school district’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for purposes of
calculating prior year average daily attendance or the average attendance of the three most recent prior fiscal years pursuant to Sections 42238.05 and 42280 in the 2022–23 to 2024–25 fiscal years, inclusive.
(3) For charter schools, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5, the Superintendent shall multiply the charter school’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for the purpose of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 42238.02 and 42238.03.
(c) (1) The calculations pursuant to subdivisions (a) and (b) shall only be applied to school districts and county offices of education that meet the following
requirements:
(A) By no later than October November 1, 2021, offered an independent study program to all pupils upon the pupil’s or parent’s request,
pupils, for the 2021–22 school year, consistent with all the requirements of Section 51745, for the 2021–22 school year. and provided the notification to parents and guardians of all enrolled pupils pursuant to paragraph (1) of subdivision (h) of Section 51747 and subparagraph (A) of paragraph (8) of subdivision (b) of Section 51749.6.
(B) For the 2021–22 school year, By no later than November 1, 2021, adopted written policies for providing
instruction to pupils through independent study, and implemented those policies, pursuant to Section 51747.
have verifiable documentation substantiating the provision of opportunities for live interaction and synchronous instruction pursuant to Section 51745.5, if applicable, or the provision of activities or pupil work product of a pupil while out on independent study that is equivalent to in-person instruction pursuant to Sections 51747 and 51749.5.
(C)During the 2021–22 school year, offered independent study, as defined in subdivision (i) of Section 51747, to pupils who were subject to quarantine for exposure to, or infection with, COVID-19, pursuant to local or state health guidance and were unable to participate in classroom-based instruction due to the quarantine.
(2) A In
the 2021–22 school year, a school district or county office of education that received a waiver by June 15, 2022, pursuant to subdivision (g) of Section 51745, from independent study requirements in the 2021–22 school year requirements, or a school district or county office of education that entered into a contract with a county office of education or an interdistrict transfer agreement with another school district pursuant to subdivision (f) of Section 51745 for the offering of independent study, shall be deemed to have met the requirements specified in paragraph (1).
(3) (A) On or before November 1, 2022, a school district or county office of education shall certify its compliance with paragraph (1)
or (2) using a form the department shall provide for this purpose. A school district or county office of education that does not certify compliance shall not receive the 2021–22 average daily attendance calculation pursuant to this Section.
(B) The department shall make this form available publicly on its internet website on or before September 30, 2022. to school districts and county offices of education on or before October 11, 2022.
(4) The 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in
subparagraphs (A), (B), and (C) of paragraph (1).
(A) and (B) of paragraph (1), which may include reviewing the local educational agency’s annual audit for the 2021–22 fiscal year to determine compliance with those requirements.
SEC. 20.
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.(1) The second principal apportionment regular average daily attendance for the current fiscal year, the prior fiscal year, or the average of the three most recent prior fiscal years, whichever is greater, excluding units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280).
(2) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section
42280).
(3) Prior fiscal year average Average daily attendance for any applicable prior fiscal year shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory.
(b) For purposes of this article, regular average daily attendance shall be the base grant average daily attendance.
(c) For purposes of this section, the Superintendent shall distribute total ungraded enrollment and average daily attendance among kindergarten and each of grades 1 to 12, inclusive, in
proportion to the amounts of graded enrollment and average daily attendance, respectively, in each of these grades.
(d) Subdivisions (a) to (c), inclusive, shall only apply to average daily attendance generated by school districts and shall not apply to average daily attendance generated by charter schools.
(e) A pupil shall not be counted more than once for purposes of calculating average daily attendance pursuant to this section.
(f) For purposes of Sections 42238.02, 42238.025, and 42238.03, average daily attendance for a charter school shall be the total current year average daily attendance in the corresponding grade level ranges for the charter school.
(g) For purposes of computing the average of the three most recent prior fiscal years for a
school district pursuant to this section, the Superintendent shall adjust a school district’s average daily attendance applicable to the 2021–22 fiscal year by the amount computed pursuant to paragraph (3) of subdivision (a) of Section 42238.023.
SEC. 21.
Section 42282 of the Education Code is amended to read:42282.
Commencing with the 2022–23 fiscal year, for each school district, on account of each necessary small school, as defined in Section 42283, the Superintendent shall make the following computations:(a) For each necessary small school that has an average daily attendance during the fiscal year of less than 25, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the Superintendent shall compute for the school district two hundred twenty-five thirty-two thousand seven hundred dollars ($225,700). ($232,700).
(b) For each necessary small school that has an average daily attendance during the fiscal year of 25 or more and less than 49, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district four hundred forty-six sixty thousand seven five hundred dollars ($446,700). ($460,500).
(c) For each necessary small school that has an average daily attendance during the fiscal year of 49 or more, but less than 73, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district six hundred sixty-seven eighty-eight thousand eight five hundred dollars ($667,800). ($688,500).
(d) For each necessary small school that has an average daily attendance during the fiscal year of 73 or more and less than 97, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district eight nine hundred eighty-eight sixteen thousand nine three hundred dollars ($888,900). ($916,300).
SEC. 22.
Section 42284 of the Education Code is amended to read:42284.
(a) Commencing with the 2022–23 fiscal year, for each school district with fewer than 2,501 units of average daily attendance, on account of each necessary small high school, the Superintendent shall make one of the following computations selected with regard only to the number of certificated employees employed or average daily attendance, whichever provides the lesser amount:Average daily attendance | Minimum number of certificated employees | Amount to be computed per teacher |
1–19
........................
| 1 | $196,100 |
1–19
........................
| 2 | $279,590 |
1–19
........................
| 3 | $621,060 |
20–38
........................
| 4 | $760,855 |
39–57
........................
| 5 | $900,650 |
58–71
........................
| 6 | $1,040,445 |
72–86
........................
| 7 | $1,180,240 |
87–100
........................
| 8 | $1,320,035 |
101–114
........................
| 9 | $1,459,830 |
115–129
........................
| 10 | $1,599,625 |
130–143
........................
| 11 | $1,739,420 |
144–171
........................
| 12 | |
172–210
........................
| 13 | |
211–248
........................
| 14 | |
249–286
........................
| 15 |
(b) For purposes of this section, a “certificated employee” means an equivalent full-time position of an individual holding a credential authorizing service and providing service in any of grades 9 to 12, inclusive, in any secondary school. Any fraction of an equivalent full-time position remaining after all equivalent full-time positions for certificated employees within the school district have been calculated shall be deemed to be a full-time position.
SEC. 23.
Section 44042.5 is added to the Education Code, to read:44042.5.
(a) (1) When a school employer determines a wage overpayment has been made to a school employees it shall notify the employee of the overpayment and afford the employee an opportunity to respond before commencing recoupment actions. Reimbursement shall be made to the school employer through one of the following methods mutually agreed to by the employee and the school employer:(A) Cash payment or cash installment payments.
(B) Installment payments through payroll deduction covering at least the same number of pay periods in which the error occurred. When overpayments from the employer have occurred for more than one year, the employer may require full
repayment from the employee through payroll deductions over the period of one year.
(C) The adjustment of appropriate leave credits or compensating time off, provided that the overpayment involves the accrual or crediting of leave credits such as vacation, annual leave, holiday leave, or compensating time off. Any errors in sick leave balances shall only be adjusted with sick leave credits.
(2) Installment payment amounts deducted from an employee’s salary or wages pursuant to paragraph (1), except as provided in subdivision (b), shall not exceed 25 percent of the school employee’s net disposable earnings for each payroll amount.
(3) Absent mutual agreement on a method of reimbursement, the school employer shall proceed with recoupment pursuant to subparagraph (B) of paragraph (1).
(b) A school employee who is separated from employment before full repayment of the overpayment amount owed shall have an amount sufficient to provide full repayment withheld from any money owed to the employee upon separation. If the amount of money owed to the employee upon separation is insufficient to provide full reimbursement to the school employer, the school employer shall have the right to exercise any and all other legal means to recover the additional amount owed.
(c) An administrative action shall not be taken by the school employer pursuant to this section to recover an overpayment unless the action is initiated within three years from the date of overpayment. If an overpayment involves leave credits, the date of overpayment is the date that the school employee receives compensation in exchange for leave erroneously credited to the employee. For purposes of this section,
leave hours are considered exchanged for compensation in the order they were credited.
(d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(e) For purposes of this section, “school employer” means the applicable administrative entity of any of the following:
(1) School district.
(2) County office of
education.
(3) Charter school.
SEC. 24.
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:(1) “Experienced mentor teacher” means an educator who meets all of the following requirements:
(A) Has at least three years of teaching experience and holds a clear credential in the subject in which the mentor teacher will be mentoring. For programs leading to the issuance of new PK-3 early childhood education specialist credentials, the mentor teacher must have at least three years of teaching experience in prekindergarten, transitional kindergarten,
kindergarten, or any of grades 1 to 3, inclusive, and hold a clear multiple subject credential.
(B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors.
(D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program.
(2) “Teacher residency program” is a grant applicant-based program that partners with one or more commission-approved teacher preparation programs
offered by a regionally accredited institution of higher education in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework.
(b) For the 2021–22 fiscal year, the sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund to the commission for the Teacher Residency Grant Program to support teacher residency programs that recruit and support the preparation of teachers pursuant to this section. This funding shall be available for encumbrance until June 30, 2026.
(c) (1) The commission shall make grants to applicants to establish new teacher residency programs, or expand, strengthen, or improve access to existing teacher residency programs that
support either of the following:
(A) Designated shortage fields, including, but not limited to, special education, bilingual education, science, computer science, technology, engineering, mathematics, transitional kindergarten, or kindergarten, school counselors, and any other fields identified by the commission based on an annual analysis of state and regional hiring and vacancy data.
(B) Local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse teacher workforce that reflects a local educational agency community’s diversity.
(2) Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and
mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(3) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority or a county office of education.
(d) Grants allocated pursuant to subdivision (c) shall be up to twenty-five thousand dollars ($25,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that
grant recipient at a rate of 80 percent of the grant amount received per participant, as described in subdivision (f). Residents are also eligible for other forms of federal, state, and local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following:
(1) Teacher preparation costs.
(2) Stipends for mentor teachers, including, but not limited to, housing stipends.
(3) Residency program staff costs.
(4) Mentoring and beginning teacher induction costs following initial preparation.
(e) A grant recipient shall not use more than 5 percent of a grant award for program administration
costs.
(f) A grant recipient shall provide a match of grant funding in the form of one or both of the following:
(1) Eighty cents ($0.80) for every one dollar ($1) of grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (d).
(2) An in-kind match of program director personnel costs, mentor teacher personnel costs, or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient.
(g) Grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a preliminary teaching credential, including a PK-3 early childhood education specialist credential,
in furtherance of paragraph (1) of subdivision (c) upon completion of the program.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Teaching the content area or areas in which the teacher will become certified to teach.
(B) Planning, curriculum development, and assessment.
(C) Learning and child development.
(D) Management of the classroom environment.
(E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities.
(F) Professional responsibilities, including
interaction with families and colleagues.
(3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching at no cost to the candidate.
(4) Prepare candidates to teach in a school within the jurisdiction of the grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient.
(5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and ensure candidates are enrolled in a teaching school or professional development program that is organized to support a high-quality teacher learning experience in a
supportive work environment.
(h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(i) When selecting grant recipients, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for teachers in one or more designated shortage fields or for the purposes described in subparagraph (B) of paragraph (1) of subdivision (c), and to propose to establish a new, or expand, strengthen, or improve access to an existing, teacher residency program that recruits, prepares, and supports teachers to teach in either one or more such fields or in furtherance of subparagraph (B) of paragraph (1) of subdivision (c) in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the teaching workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals.
(B) A school that is located in either a rural location or a densely populated region.
(j) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in a school within the jurisdiction of the grant recipient that sponsored the candidate for a period of at least
four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential, including a PK-3 early childhood education specialist credential. A candidate who fails to earn a preliminary credential, or who fails to complete the period of the placement, shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a school within the jurisdiction of the sponsoring grant recipient. A candidate shall have five school years to complete the four-school-year teaching commitment.
(k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school
years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty
status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(l) For purposes of administering the grant program pursuant to subdivision (c), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (j).
(m) If the commission determines or is
informed that a sponsored candidate failed to earn a preliminary credential or failed to meet their commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the candidate and the grant recipient. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient.
(n) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (m), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure
to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(o) An amount recovered by the commission or deducted by the
Controller pursuant to subdivision (n) shall be deposited into the Proposition 98 Reversion Account.
(p) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential, or who fails to complete the period of placement, the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a school within the jurisdiction of the sponsoring grant recipient.
(q) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program.
(r) (1) Notwithstanding subdivision (c), the commission may allocate up to twenty-five million dollars ($25,000,000) of the
amount appropriated pursuant to subdivision (b) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to expand, strengthen, improve access to, or create teacher residency programs.
(2) (A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable grants.
(B) Individual capacity grants shall not exceed two hundred fifty thousand dollars ($250,000) per grant recipient.
(s) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for
school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 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 2020–21 fiscal year.
SEC. 25.
Section 44415.6 of the Education Code is amended 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.(b) For purposes of this section, the following definitions apply:
(1) “Mentor school counselor” means a school counselor who meets all of the following requirements:
(A) Has at least three years of experience and holds a clear pupil personnel services credential with a specialization in school counseling.
(B) Has a record of successful counseling as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(2) “School counselor residency program” means a grant applicant-based program that partners with one or more commission-approved professional preparation programs offering preparation in school counseling provided by a regionally accredited institution of higher education in which a prospective school counselor works at least one-half time alongside a school counselor of record, who is designated as the mentor school counselor, for at least one full school year while engaging in initial preparation coursework.
(c) Of the amount appropriated pursuant to subdivision (a), the commission shall determine how to prioritize funding for residency programs that serve school counselors in training. Funds allocated for teacher residencies shall be subject to the requirements of, and administered pursuant to, subdivisions (c) to (q), inclusive, of Section 44415.5.
(d) Funds allocated by the commission for school counselor residency placements shall be administered pursuant to the following:
(1) The commission shall make one-time grants to grant applicants to establish new school counselor residency programs or add school counselor residencies to existing teacher residency programs that support local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse school counselor
workforce that reflects a local educational agency community’s diversity.
(2) Grant recipients shall work with one or more commission-accredited professional preparation programs specializing in school counseling and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident school counselors who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(3) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority or a county office of education.
(e) Grants allocated for school counselor residencies pursuant to subdivision (c) shall be up to twenty-five thousand dollars ($25,000) per school counselor candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient at a rate of 80 percent of the grant amount received per participant, as described in subdivision (g). Residents are also eligible for other forms of federal, state, and local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following:
(1) School counselor preparation costs.
(2) Stipends for mentor school counselors.
(3) Residency program staff costs.
(f) A school counselor residency grant recipient shall not use more than 5 percent of a grant award for program administration costs.
(g) A school counselor residency grant recipient shall provide a match of grant funding in the form of one or both of the following:
(1) Eighty cents ($0.80) for every one dollar ($1) of grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (e).
(2) An in-kind match of program director personnel costs, mentor personnel costs, or other personnel costs related to the grant program, provided by
the grant recipient.
(h) School counselor residency grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a pupil personnel services credential with a specialization in school counseling that will authorize the candidate to perform the following duties:
(A) Develop, plan, implement, and evaluate a school counseling and guidance program that includes academic, career, personal, and social development.
(B) Advocate for the high academic achievement and social development of all pupils.
(C) Provide schoolwide prevention and intervention strategies and counseling services.
(D) Provide
consultation, training, and staff development to teachers and parents regarding pupils’ needs.
(E) Supervise a local educational agency-approved educational counseling program as described in Section 49600.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Engaging with, advocating for, and providing support for, all pupils with respect to learning and achievement.
(B) Planning, implementing, and evaluating programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, pupils with disabilities, and pupils at all levels of academic, social, and emotional abilities.
(C) Using multiple sources of information to monitor and support strategies to improve pupil behavior and achievement.
(D) Collaborating and coordinating with school and community resources.
(E) Promoting and maintaining a safe learning environment for all pupils by supporting the provision of restorative justice practices, positive behavior interventions, and support services.
(F) Intervening to ameliorate school-related problems, including issues related to chronic absences.
(G) Using research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying.
(H) Improving school climate and pupil
well-being.
(I) Enhancing pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs.
(J) Providing counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services.
(3) Prepare candidates to work as a school counselor in a school within the jurisdiction of the grant recipient in which they will work and learn the school culture and climate of the grant recipient.
(4) Group school counselor candidates in cohorts, to the extent practicable, to facilitate
professional collaboration among residents, and ensure candidates are enrolled in a professional development program that is organized to support a high-quality school counselor learning experience in a supportive work environment.
(i) To receive a grant that supports school counselor residencies, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(j) When selecting residency grant recipients that include school counselors, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for school counselors, and to propose to establish or expand a residency program that recruits, prepares, and supports school counselors to work in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the school counselor workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals.
(B) A school that is located in either a rural location or a densely populated region.
(k) A school counselor candidate in a residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in one or more schools within the jurisdiction of the grant recipient that sponsored the
candidate for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a pupil personnel services credential. A candidate who fails to earn a pupil personnel services credential or complete the period of the placement shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the candidate works as a school counselor at least one year, but less than four years, at a school within the jurisdiction of the sponsoring grant recipient. A candidate shall have five school years to complete the four-school-year school counselor commitment.
(l) If a candidate is unable to complete a school year as a school counselor, that school year may still be counted toward the required four
complete school years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to work as a school counselor due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law.
(5) The candidate
was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(m) For purposes of administering a school counselor residency grant program pursuant to subdivision (d), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (k).
(n) If the commission determines or is informed that a sponsored school counselor residency candidate failed to earn a pupil personnel services credential or meet their commitment to work as a school counselor pursuant to subdivision (k), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the candidate and the grant recipient. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate worked as a school counselor at least one year, but less than four years, at the sponsoring grant recipient.
(o) Upon confirming the amount to be recovered from the school counselor residency grant recipient pursuant to subdivision (n), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make
the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate worked as a school counselor and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other
than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(p) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (o) shall be deposited into the Proposition 98 Reversion Account.
(q) School counselor residency grant recipients may recover from a sponsored candidate who fails to earn a pupil personnel services credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate worked as a school counselor at least one year, but less than four years, at a school within the jurisdiction of the sponsoring grant recipient.
(r) School counselor residency grant recipients shall not
charge a school counselor resident a fee to participate in a school counselor residency grant program.
(s) (1) Notwithstanding subdivision (d), the commission may allocate up to ten million dollars ($10,000,000) of the amount appropriated pursuant to subdivision (a) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to create school counselor residency programs that lead to more credentialed school counselors that reflect a local educational agency community’s diversity.
(2) (A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable
grants.
(B) Notwithstanding subparagraph (A), individual capacity grants shall not exceed two hundred fifty thousand dollars ($250,000) per grant recipient.
(s)
(t) The commission shall conduct an evaluation of the school counselor residency grants allocated pursuant to this section to determine the effectiveness of this program in recruiting, developing support systems for, and retaining school counselors, and provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 1, 2027.
(t)
(u) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by 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.
SEC. 26.
Section 44415.7 of the Education Code is amended 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.(b) The statewide technical assistance center shall collaborate with the commission to develop and disseminate
technical assistance. The statewide technical assistance center is encouraged to obtain interest holder feedback to create a statewide framework for successful teacher residency program implementation and sustainability. The framework and technical assistance should leverage and build upon existing technical assistance offerings disseminated by local educational agencies, nonprofit organizations, institutions of higher education, and foundations. Technical assistance offered shall include, but not be limited to, all of the following:
(1) Information to the field regarding the benefits of establishing residency programs to teacher candidates, local educational agencies, and teacher preparation programs.
(2) Best practices in recruitment of residents, particularly residents that represent the diversity of the state’s pupil population.
(3) Minimizing cost burden to residents, including leveraging Golden State Teacher Grant Program funding pursuant to Section 69617.
(4) Best practices in partnership and administration of residency programs between local educational agencies and teacher preparation programs.
(5) Scaling up and sustaining residency programs.
(c) On or before December 31, 2029, the commission shall submit a report to the Governor and the appropriate policy and fiscal committees of the Legislature on the impact of the statewide technical assistance center in providing technical assistance to local educational agencies and teacher preparation programs to implement, scale up, and sustain residency programs to support a well-trained and diverse educator workforce.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by 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 2020–21 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 2020–21 fiscal year.
SEC. 27.
Section 45117 of the Education Code is amended to read:45117.
(a) (1) No later than March 15 and before a classified employee is given notice by the governing board of a school district that the employee’s services will not be required for the ensuing year due to lack of work or lack of funds, the governing board of the school district and the employee shall be given written notice by the superintendent of the school district or the superintendent’s designee, or, in the case of a school district that has no superintendent, by the clerk or secretary of the governing board of the school district, that it has been recommended that the notice be given to the employee, stating the reasons that the employee’s services will not be required for the ensuing year, and informing the employee of the employee’s displacement rights, if any, and reemployment rights.(2) Until the classified employee has requested a hearing as provided in subdivision (b) or has waived their right to a hearing, the notice and the reasons for the notice shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, a violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of a hearing conducted pursuant to this section.
(b) A classified employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice, on or before a date specified in subdivision (a), which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to
request a hearing on or before the date specified, the employee’s failure to do so shall constitute a waiver of the employee’s right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision.
(c) If a hearing is requested by a classified employee under subdivision (b), the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the governing board of a school district shall have all the power granted to an agency in that chapter, except that all of the following shall apply:
(1) The respondent shall file their notice of participation, if any, within five days after service upon the respondent of the District Statement of Reduction in Force and the respondent shall be notified of this five-day period for
filing in the District Statement of Reduction in Force.
(2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if a request is made for discovery within 15 days after service of the District Statement of Reduction in Force, and the notice required by Section 11505 of the Government Code shall so indicate.
(3) (A) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils of the schools. The proposed decision shall be prepared for the governing board of the school district and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the school
district shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board of the school district. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board of the school district and to the classified employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board of the school district from school district funds. Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United
States registered mail, postage prepaid, and addressed to the last known address of the employee. Notice of termination shall be given to the employee before May 15. If a continuance was granted after a request for hearing was made, the deadlines described in this section shall be extended for the number of days of that continuance.
(B) For purposes of this section, “cause” for layoff includes school district compliance with the seniority requirements of this code, including Section 45308.
(4) An employee may be represented at a hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s classification, if any.
(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, or any other law, during the time period between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which that Budget Act applies, if the governing board of a school district determines that its total local control funding formula apportionment per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2 percent, and if the governing board of a school district determines it is therefore necessary to decrease the number of classified employees of the school district due to lack of work or lack of funds, the governing board of the school district may issue a District Statement of Reduction in Force to those employees in accordance with a schedule of notice and hearing to be adopted by the governing board of the school district.
(2) Paragraph (1) shall be inoperative
during any period that Section 44955.5 is inoperative as it applies to certificated employees.
(e) (1) If a permanent classified employee is not given the notices and a right to a hearing as provided for in this section, the employee shall be deemed reemployed for the ensuing school year, except that nothing in this section shall be construed to interfere with the right of a district to release probationary employees who never become permanent without notice or hearing.
(2) For purposes of this subdivision, “permanent employee” includes an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice.
(f) (1) A classified employee shall not be laid off if a short-term employee
is retained to render a service that the classified employee is qualified to render. This subdivision does not create a layoff notice requirement for any individual hired as a short-term employee, as defined in Section 45103, for a period not exceeding 60 days.
(2) This subdivision does not apply to the retention of a short-term employee, as defined in Section 45103, who is hired for a period not exceeding 60 days after which the short-term service may not be extended or renewed.
(g) Notwithstanding the other requirements of this code respecting layoff of permanent classified employees, when classified positions must be eliminated as a result of the expiration of a specially funded program, the employees to be laid off shall be given written notice not less than 60 days prior to the effective date of their layoff informing them of their layoff date and their displacement rights,
if any, and reemployment rights.
(h) If, after January 1, 2021, the Legislature provides certificated employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees shall be afforded the same rights by the school district.
(i) The governing board of the school district may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section.
(j) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).
SEC. 28.
Section 45500 of the Education Code is amended to read:45500.
(a) The Classified School Employee Summer Assistance Program is hereby established.(b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section.
(c) A local educational agency may elect to participate in the program. A participating local educational agency shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the local educational agency has elected to participate in the program for the next school year. Once a local educational
agency elects to participate in the program and notifies classified employees pursuant to this subdivision, the local educational agency is prohibited from reversing its decision to participate in the program for the next school year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section.
(d) (1) A classified employee who elects to participate in the program shall notify the local educational agency, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that the classified employee wishes to participate in the program for the applicable school year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable school year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two
payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable school year.
(2) A classified employee is eligible to participate in the program if the classified employee has been employed with the local educational agency for at least one year at the time the classified employee elects to participate in the program.
(3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee outside of their regular
assignment.
(B) For the 2020–21, 2021–22, and 2022–23 school years, for purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible for this program.
(4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the local educational agency is more than sixty-two thousand four hundred dollars ($62,400) for an entire school year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay
received directly from the local educational agency, the employing local educational agency shall exclude any pay received by the classified employee during the previous summer recess period.
(B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a local educational agency during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph.
(e) A local educational agency that elects to participate in the program shall notify the department in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that it has elected to participate in the program. The local
educational agency shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable school year.
(f) The department shall notify participating local educational agencies in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the department shall notify local educational agencies of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a
result of participating in the program.
(g) Participating local educational agencies shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing local educational agency no later than 30 days after the start of school instruction for the applicable school year.
(h) The local educational agency shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices
made by each participating classified employee pursuant to subdivision (d) in a separate account.
(i) (1) A classified employee that separates from employment with a local educational agency during the applicable school year may request from the local educational agency any pay withheld from their paycheck pursuant to this section.
(2) A classified employee, due to economic or personal hardship, may request from the local educational agency any pay withheld from their paycheck pursuant to this section.
(3) A classified employee who requests any pay withheld by the local educational agency pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section.
(j) Participating
local educational agencies shall request payment from the department, on or before July 31 following the end of a school year during which the program was operative, on a form developed by the department, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h).
(k) The department may use any unexpended balance of moneys appropriated in any prior fiscal year to the department for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks.
(l) The department shall apportion funds to participating local educational agencies within 30 days of receiving a request for payment by the participating local educational agency pursuant to subdivision (j). The
apportionment shall be determined for each local educational agency by the department on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h).
(m) If the total amount requested by participating local educational agencies exceeds the amount appropriated for purposes of this section, the department shall prorate the amount apportioned to participating local educational agencies accordingly, based on the amounts requested pursuant to subdivision (j).
(n) The participating local educational agency shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the department that is attributable to the amount withheld from that classified employee’s paychecks during the applicable
school year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d).
(o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System.
(p) (1) For the 2019–20 fiscal year, the program shall be funded pursuant to Section 85 of Chapter 51 of the Statutes of 2019.
(2) For the 2020–21 fiscal year and each fiscal year thereafter, the operation of this section shall be contingent upon an appropriation in the annual Budget Act
or another statute.
(q) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district or county office of education.
(2) “Month” means 20 days or four weeks of 5 days each, including legal holidays.
(2)
(3) “Program” means the Classified School Employee Summer Assistance Program.
(3)
(4) “Regular assignment” means a classified employee’s employment during the academic school year, excluding the summer recess period.
SEC. 29.
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.(2) The Expanded Learning Opportunities Program is hereby established.
(b) (1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based
instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements. Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (C) (B) of paragraph (1) of subdivision (d), local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent as of the second principal apportionment shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program. Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (C) of paragraph (1) of subdivision (d), local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of less than 75 percent as of the second principal apportionment
shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program. Expanded learning opportunity programs shall include all of the following:
(A) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no less than nine hours of combined instructional time, recess, meals
meals, and expanded learning opportunities per instructional day.
(B) (i) For at least 30 nonschooldays, during intersessional periods, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no less than nine hours of in-person expanded learning opportunities per day.
(ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when
added to daily instructional minutes, recess, and meals, are not less than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
(C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no less than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no less than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays, during intersessional periods. nonschooldays.
(2) Local educational agencies operating
expanded learning opportunity programs pursuant to this section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following:
(A) The department’s guidance.
(B) Section 8482.6.
(C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3.
(D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1.
(3) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area.
(4) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity programs provided pursuant to this section.
(5) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6.
(6) Local educational agencies are encouraged to collaborate with community-based organizations and
childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas.
(7) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.
(8) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours.
(9) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations.
(c) (1) Commencing with the 2023–24 school year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b).
(2) Commencing with the 2023–24 school year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (1) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of
pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph.
(3) (A) Commencing with the 2023–24 school year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d) an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements.
(B) Commencing with the 2023–24 school year, if a charter school fails to maintain the required
number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements.
(d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (f), if applicable, in the following manner:
(A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local
educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(B) Commencing with the 2022–23 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated
pupil percentage. 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) For all other local educational agencies not receiving an allocation under subparagraph (A) or (B), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (f), if applicable, after the amount allocated pursuant to subparagraph (A), (A) or (B), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(2) A local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000).
(3) Funds provided to a local educational agency
pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities activities.
(4) A local educational agency receiving funding pursuant to subparagraph (B) of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (B) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.
(4)
(5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure.
(5)
(6) For the 2021–22 fiscal year, a school district or charter school may expend the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2022–23 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend the funds received pursuant to this subdivision from the 2022–23 fiscal year to the 2023–24 fiscal year, inclusive.
(6)
(7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows:
(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts.
(ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2),
or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal
years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district.
(B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows:
(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts.
(ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district.
(iii) For a new
school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district.
(iv) For purposes of clauses (i), (ii) (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district.
(7)
(8) (A) Beginning with the 2022–23 fiscal year, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds.
(B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging
multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs.
(e) For purposes of this section, the following definitions apply:
(1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities.
(2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of less than 11 persons per square mile.
(3) “Local educational agency” means a school district
or charter school, excluding a charter school established pursuant to Section 47605.5.
(4) “Nonschooldays” means days not identified pursuant to subparagraph (A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in Section 37223.
(4)
(5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels.
(5)
(6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program. If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another
location that is established by the local educational agency.
(6)
(7) “Unduplicated pupil” has the same meaning as in Section 42238.02.
(f) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (f) shall be deemed to be “General Fund revenues
appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 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 2020–21 fiscal year.
SEC. 30.
Section 48000 of the Education Code is amended to read:48000.
(a) A child shall be admitted to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their fifth birthday on or before one of the following dates:(1) December 2 of the 2011–12 school year.
(2) November 1 of the 2012–13 school year.
(3) October 1 of the 2013–14 school year.
(4) September 1 of the 2014–15 school year and each school year thereafter.
(b) The governing board of the school district of a school district
maintaining one or more kindergartens may, on a case-by-case basis, admit to a kindergarten a child having attained the age of five years at any time during the school year with the approval of the parent or guardian, subject to the following conditions:
(1) The governing board of the school district determines that the admittance is in the best interests of the child.
(2) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.
(c) (1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the
following:
(A) In the 2012–13 school year, a child who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(B) In the 2013–14 school year, a child who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(C) From the 2014–15 school year to the 2021–22 school year, inclusive, a child who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(D) In the 2022–23 school year, a child who will have
their fifth birthday between September 2 and February 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(E) In the 2023–24 school year, a child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(F) In the 2024–25 school year, a child who will have their fifth birthday between September 2 and June 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(G) In the 2025–26 school year, and in each school year thereafter, a child who will have their fourth birthday by September 1 shall be admitted to a transitional kindergarten program maintained by the school district or charter
school.
(2) (A) In any school year, a school district or charter school may, at any time during a school year, admit a child to a transitional kindergarten program who will have their fifth birthday after the date specified for the applicable year in subparagraphs (A) to (F), inclusive, of paragraph (1) but during that same school year, with the approval of the parent or guardian, subject to the following conditions:
(i) The governing board of the school district or the governing body of the charter school determines that the admittance is in the best interests of the child.
(ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.
(B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to subparagraph (A) shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year.
(d) For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.
(e) A transitional kindergarten shall not be construed as a new program or higher level of service.
(f) It is the intent of the Legislature that transitional kindergarten curriculum be aligned to
the California Preschool Learning Foundations developed by the department.
(g) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall do all of the following:
(1) Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school:
(A) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular
schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation.
(B) (i) “Active enrollment count” for purposes of subparagraph (C) means the count of all pupils enrolled in a class with transitional kindergarten pupils on the first day of the school year on which the class was in session, plus all later enrollees, minus all withdrawals since that first day. An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year.
(ii) For school districts, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of
Chapter 5 of Part 28 who meet the minimum day requirements for independent study and are continually enrolled in independent study for more than 14 schooldays in a school year.
(iii) For charter schools, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering, as described in Section 11960 of Title 5 of the California Code of Regulations.
(C) “Average number of pupils enrolled per class” means the quotient of the sum of the active enrollment counts made under subparagraph (B) divided by the total number of those active enrollment counts for each class of the schoolsite.
(D) “Average transitional kindergarten class enrollment” means the quotient of the sum of the average number of pupils enrolled per class determined pursuant to subparagraph (C) of all classes at the schoolsite divided by the total number of all classes at the schoolsite that include transitional kindergarten pupils, rounded to the nearest half or whole integer.
(2) Commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms. classrooms at each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school:
(A) “Total transitional kindergarten enrollment” is the sum of the average number of pupils enrolled per class of all classes at the schoolsite, as determined in subparagraph (C) of paragraph (1).
(B) “Number of adults” shall be determined for each schoolsite as follows:
(i) A count of employees of the school district or charter school assigned to each class at the schoolsite that includes transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year.
(ii) The sum of all of the adult counts pursuant to clause (i) shall be divided by the total number of those counts, rounded to the nearest half or whole integer.
(C) “Adult-to-pupil ratio” shall be the quotient of the total transitional kindergarten enrollment divided by the total number of adults, rounded to the nearest half or whole integer.
(3) Commencing with the 2023–24 school year, and for each year thereafter, maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms, contingent upon an appropriation of funds for this purpose.
(4) Ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2023, one of the following:
(A) At least 24 units in early childhood education, or childhood development, or both.
(B) As determined
and documented by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children meeting the criteria established by the governing board or body of the local educational agency that is comparable to the 24 units of education described in subparagraph (A).
(C) A child development teacher permit, or an early childhood education specialist credential, issued by the Commission on Teacher Credentialing.
(h) A school district or charter school may place four-year-old children, as defined in Section 8205, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both
programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled:
(1) An early childhood environment rating scale, as specified in Section 18281 of Title 5 of the California Code of Regulations, shall be completed for the classroom.
(2) All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 18272 of Title 5 of the California Code of Regulations.
(3) The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b)
of Section 44256 and who meets the requirements set forth in subdivision (g).
(4) The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8264.8.
(5) Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program.
(i) Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in
a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code.
(j) A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional kindergarten for a second year or children enrolled in kindergarten in that classroom.
(k) A child’s eligibility for transitional kindergarten enrollment under paragraph (1) or (2) of subdivision (c) shall not impact family eligibility for a preschool or childcare program, including, but not limited to, all of the following:
(1) A Head Start or Early Head Start program, as defined by the federal
Head Start Act, as amended (42 U.S.C. Sec. 9801 et seq.).
(2) A childcare center, family childcare home, or license-exempt provider serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(3) A migrant childcare and development program serving children pursuant to Chapter 6 (commencing with Section 10235) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(4) A childcare center or family childcare home educational network serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1.
(5) A childcare center, family childcare
home, or license-exempt provider serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(6) A family childcare home educational network serving children pursuant to Chapter 8 (commencing with Section 10250) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(7) Childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(8) A program serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(l) (1) The Superintendent shall authorize California state preschool program contracting agencies to offer up to three
less than four hours each instructional day of wraparound childcare services within a part-day California state preschool program for children enrolled in an education program as a transitional kindergarten or kindergarten pupil, if their families meet the requirements of Section 8208.
(2) The Superintendent shall authorize California state preschool programs operating on a local education agency campus to operate a part-day California state preschool program that allows flexibility in the operational hours and enrollment cutoff dates to better align with the enrollment for the new school year.
(3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision the department shall implement this subdivision, through management bulletins or similar letters of instruction on or before December 31, 2022.
SEC. 31.
Section 48000.1 of the Education Code is amended to read:(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.(b)
48000.1.
(a) For the purposes of subparagraphs (A) and (B) of paragraph (4) of subdivision (g) of Section 48000, “units” means(c)
(b) (1) Commencing with the 2022–23 school year, if a school district or charter school fails to comply with the requirements of paragraphs (1) to (4), inclusive, of subdivision (g) of Section 48000, the Superintendent shall withhold from the school district’s or charter school’s apportionment of funds
entitlement computed pursuant to Section 42238.02 the sum of the following:
(A) For school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (2) of subdivision (g) of Section 48000, the amount determined by multiplying:
(i) The number of additional adults needed to meet the requirements of paragraph (2) of subdivision (g) of Section 48000. 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 12, rounded to the nearest half or whole integer, minus the total number of adults at the
schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000.
(ii)Twenty-four.
(ii) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth.
(iii) The per average daily attendance rate determined pursuant to
paragraph (2) of subdivision (g) of Section 42238.02.
(B) For school districts and charter schools that fail to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2023, met one of the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000, the amount determined by multiplying:
(i) The number of credentialed teachers that did not meet the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000.
(ii)Twenty-four.
(ii) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth.
(iii) The effective per average daily attendance rate for pupils enrolled in a transitional kindergarten program as determined pursuant to subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.
(iv) The quotient of the sum of all schooldays on which all teachers identified pursuant to clause (i) rendered any amount of service in a classroom with transitional kindergarten pupils without meeting the applicable requirements divided by the total days of instruction for those teachers.
(C) For school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying: multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in
transitional kindergarten by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02.
(i)The number of additional classrooms needed to meet an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite.
(ii)Twenty-four.
(iii)The effective per average daily attendance rate for pupils enrolled in a transitional kindergarten program as determined pursuant to Section 42238.02.
(2) The requirements of paragraphs (1), (2), and (4) of subdivision (g) of Section 48000, and, if operative, the requirements of paragraph (3) of subdivision (g) of Section 48000, shall apply to any classroom providing instruction to pupils enrolled in a transitional kindergarten program.
(d)
(c) The Superintendent shall adjust an amount withheld pursuant to the requirements of subdivision (c) (b) to ensure that the total
amount withheld does not exceed the total amount apportioned to the applicable school district or charter school pursuant to Section 42238.02 that is generated by units of transitional kindergarten average daily attendance.
product of both of the following:
(1) The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school.
(2) The sum of the per average daily attendance rates of all of the following:
(A) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.
(B) Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02.
(C) Paragraph (2) of subdivision (g) of Section 42238.02.
(e)
(d) An individual with a substitute permit or teaching permit authorized by the Commission on Teacher Credentialing pursuant to subdivision (m) of Section 44225 or Section 44300 of this code, or Sections 80025, 80025.1, and 80025.2 of Title 5 of the California Code of Regulations, that provides substitute teaching services in a transitional kindergarten classroom, shall not be subject to the requirements of paragraph (4) of subdivision (g) of Section 48000.
SEC. 32.
Section 48313 of the Education Code is amended to read:48313.
(a) (1) Pursuant to this article, each school district of choice shall keep an accounting of all requests made for transfers pursuant to this article and records of all disposition of those requests that shall include, but are not limited to, all of the following:(A) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials.
(B) The number of pupils transferred out of the school district of choice pursuant to this article.
(C) The number of pupils transferred into the school district of choice pursuant to this article.
(D) The race, ethnicity, gender, self-reported socioeconomic status, eligibility for free or reduced-price meals, and the school district of residence of each of the pupils described in subparagraphs (B) and (C).
(E) The number of pupils described in subparagraphs (B) and (C) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026.
(2) If the school district of choice provides transportation to pupils pursuant to Section 48311, the school district of choice shall keep an accounting of the number of pupils as described in subparagraphs (D) and (E) of paragraph (1) transported pursuant to Section 48311 and the total number of pupils transported under this article.
(b) The information maintained
pursuant to subdivision (a) shall be reported to the governing board of the school district of choice at a regularly scheduled meeting of the governing board of the school district of choice. No
By no later than October 15 of each year, the school district of choice shall report the information maintained pursuant to subdivision (a) for the current school year in addition to information regarding the school district’s status as a school district of choice for the upcoming school year to each school district that is geographically adjacent to the school district of choice, to the county office of education in which the school district of choice is located, and, in a manner specified by the Superintendent, to the Superintendent.
(c) A school district of choice shall not enroll a pupil under this article if the school district does not report all the data required pursuant to
subdivision (b).
(d) The Superintendent shall do all of the following:
(1) Maintain a list of the school districts of choice in the state.
(2) Collect the information specified in subdivision (a) from each school district of choice. The Superintendent shall ensure school districts of choice provide this information in a complete format and shall not create a new field in the California Longitudinal Pupil Achievement Data System for this purpose. The Superintendent may provide a template for school districts of choice to use and may issue guidance regarding the procedures for collecting and reporting data.
(3) Post the information collected under paragraphs (1) and (2) on the department’s Internet Web site.
internet website. The Superintendent shall make this information available upon request to any school district.
(4) Post a single list of all school choice programs, including, but not limited to, school districts of choice, on the department’s Internet Web site. internet website.
(e) No later than December 1, 2017, the Superintendent shall report to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, and the Legislative Analyst’s Office with a description of the plan for collecting the data specified in subdivision (a). It is
the intent of the Legislature that the Superintendent collect data in a manner that minimizes the administrative burden on school districts and the state.
(f) The Superintendent annually shall make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, and the Legislative Analyst’s Office:
(1) The number and characteristics of pupils who use the school district of choice option pursuant to this article.
(2) Assessment scores of school districts of choice and school districts of residence pursuant to subdivision (b) of Section 60640.
(3) The graduation rates of school districts of residence and school districts of choice.
(4) The enrollment of school districts of residence and school districts of choice for the previous five years.
(5) The fiscal health of school districts of residence and school districts of choice, including, but not limited to, both of the following:
(A) Increasing or declining enrollment.
(B) Whether a school district received a negative or qualified rating pursuant to Section 42131.
(6) Whether a school district of residence has exceeded the transfer limits specified in Section 48307.
(7) The number of pupils described in subparagraphs (D) and (E) of paragraph (1) of subdivision (a) transported under this article pursuant to Section
48311.
SEC. 33.
Section 48315 of the Education Code is amended to read:48315.
This article shall become inoperative on July 1,SEC. 34.
Section 48316 of the Education Code is amended to read:48316.
The Legislative Analyst shall conduct, after consulting with appropriate legislative staff, a comprehensive evaluation of the interdistrict transfer program established pursuant to this article and prepare recommendations regarding the extension of the program. The evaluation shall incorporate the data described in Section 48313 and shall be completed and submitted, along with the recommendations regarding extension of the program and recommendations for regarding implementation of the program to ensure access to the program for all pupils, to the appropriate education policy committees of the Legislature and to the Department of Finance bySEC. 35.
Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 661 of the Statutes of 2021, is amended to read:51225.3.
(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.
(E) One course in visual or performing arts, world language, or, commencing with the 2012–13 school year, career technical education.
(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language.
(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is
aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement.
(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section.
(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following:
(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph.
(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) (l) of Section 48980.
(III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California.
(F) Two courses in physical education, unless the pupil has been exempted pursuant to this code.
(G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at
its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
(ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
(I) A course based on the model curriculum developed pursuant to Section 51226.7.
(II) An existing ethnic studies course.
(III) An ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University.
(IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course.
(iii) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
(iv) A pupil completing a course described in clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if
applicable, credit towards satisfying a course required for a diploma of graduation from high school pursuant to this section.
(v) Curriculum, instruction, and instructional materials for a course described in clause (ii) shall meet all of the following requirements:
(I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
(II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220.
(III) Not teach or promote religious doctrine.
(vi) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.
(vii) The amendments made to this section by Section 1 of Chapter 661 of the act adding this subparagraph Statutes of 2021 shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school.
(2) Other coursework requirements adopted by the governing board of the school district.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study,
and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.
(c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information:
(1) A comparison of the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses
for the 2012–13 to 2016–17 school years, inclusive.
(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a).
(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive.
(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University.
(5) The extent to which the
career technical education courses chosen by pupils are aligned with the California Career Technical Education Model Curriculum Standards, and prepare pupils for employment, advanced training, and postsecondary education.
(6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the world language requirement.
(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive.
(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other
financial support from public or private sources for purposes of this section.
(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils.
(f) The amendments made to this section by the act adding this subdivision Section 1 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute.
(g) This section shall become inoperative on the earlier of the following two dates:
(1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph Chapter 621 of the Statutes of 2011 in which the number of career technical education courses that, as determined by the department, satisfy the world language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or
before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the world language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses.
(2) On July 1, 2022, 2027, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. 2028, is repealed.
SEC. 36.
Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 661 of the Statutes of 2021, is amended to read:51225.3.
(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.
(E) One course in visual or performing arts or world language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language.
(F) Two courses in physical education, unless the pupil has been exempted pursuant to this code.
(G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a
one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
(ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
(I) A course based on the model curriculum developed pursuant to Section 51226.7.
(II) An existing ethnic studies course.
(III) An ethnic studies course taught as part of a course that has
been approved as meeting the A–G requirements of the University of California and the California State University.
(IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course.
(iii) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
(iv) A pupil completing a course described in
clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school pursuant to this section.
(v) Curriculum, instruction, and instructional materials for a course described in clause (ii) shall meet all of the following requirements:
(I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
(II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220.
(III) Not teach or promote religious doctrine.
(vi) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.
(vii) The amendments made to this section by the act adding this subparagraph
Section 2 of Chapter 661 of the Statutes of 2021 shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school.
(2) Other coursework requirements adopted by the governing board of the school district.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative
modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.
(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by the act adding this section, Section 3 of Chapter 621 of the Statutes of 2011, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section.
(d) The amendments made to this section by the act adding this subdivision
Section 2 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute.
(e) This section shall become operative upon the date that Section 51225.3, as amended by the act adding this section, Section 35 of Senate Bill 185 of the 2021–22 Regular Session, becomes inoperative.
SEC. 37.
Section 51225.9 is added to the Education Code, to read:51225.9.
Notwithstanding any other law, if a pupil completed a career technical education course, between July 1, 2022, and the effective date of this section, that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as that section read on June 30, 2022, that course shall be deemed to have fulfilled the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3.SEC. 38.
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:(1) The governing board or body of the local educational agency adopts policies, at a public meeting, that comply with the requirements of this section and any applicable regulations adopted by the state board.
(2) A signed learning agreement is completed and on file pursuant to Section 51749.6.
(3) Courses are taught under the general supervision of certificated employees who hold the
appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, and are employed by the local educational agency at which the pupil is enrolled, or by a local educational agency that has a memorandum of understanding to provide the instruction in coordination with the local educational agency at which the pupil is enrolled.
(4) (A) Courses are annually certified, by local educational agency governing board or body resolution, to be of the same rigor, educational quality, and intellectual challenge substantially equivalent to in-person instruction and equivalent classroom-based courses, and shall be aligned to all relevant local and state content standards. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A-G
admissions criteria.
(B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each schoolday that a pupil is enrolled, number of equivalent total instructional minutes, number of course credits for each course, and a plan as described in subparagraph (C). This information shall be consistent with that of equivalent classroom-based courses.
(C) (i) For pupils in transitional kindergarten and grades 1 to 3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year.
(ii) For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year.
(iii) For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year.
(5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 46300.4, 47612, and 47612.1.
(6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3.
(7) (A) An individual with exceptional needs, as defined in Section 56026, may participate in course-based independent study, if the pupil’s individualized education program developed pursuant to Article 3
(commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation.
(B) A temporarily disabled pupil shall not receive individual instruction pursuant to Section 48206.3 through course-based independent study.
(8) (A) Satisfactory educational progress shall be determined based on all of the following indicators:
(i) The pupil’s achievement and engagement in the independent study program, as indicated by the pupil’s performance on applicable pupil-level measures of pupil achievement and pupil engagement set forth in paragraphs (4) and (5) of subdivision (d) of Section 52060.
(ii) The completion of assignments, assessments, or other indicators that evidence that the pupil is working on
assignments.
(iii) Learning required concepts, as determined by the supervising teacher.
(iv) Progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher.
(B) If satisfactory educational progress in one or more courses is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether the pupil should be referred to an alternative program, which may include, but is not limited to, a regular school program. A written record of the findings of an evaluation made pursuant to this subdivision shall be treated as a mandatory interim
pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.
(C) Procedures for tiered reengagement strategies for all pupils who are not making satisfactory educational progress in one or more courses, or who are in violation of the written learning agreement pursuant to Section 51749.6. These procedures shall include, but are not necessarily limited to, all of the following:
(i) Verification of current contact information for each enrolled pupil.
(ii) A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary.
(iii) A clear
standard for requiring a pupil-parent-educator conference to review a pupil’s written learning agreement, and reconsider the independent study course’s impact on the pupil’s achievement and well-being.
(D) Written or computer-based evidence of satisfactory educational progress, as described in subparagraph (A), shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades.
(9) A plan to transition pupils whose families wish to return to in-person instruction from course-based independent study expeditiously, and, in no case, later than five instructional days.
(10) A proctor shall administer examinations.
(11) (A) Statewide testing results for pupils enrolled in any course authorized pursuant to this section shall be reported and assigned to the school or charter school at which the pupil is enrolled, and to any school district, charter school, or county office of education within which that school’s or charter school’s testing results are aggregated.
(B) Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.
(12) A pupil shall not be required to enroll in courses authorized by this section.
(13) The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 are
applicable to courses authorized by this section.
(14) For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet the minimum instructional day requirements applicable to the local educational agency. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5.
(15) Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.
(16) A pupil participating in independent study shall not be assessed a fee prohibited by Section
49011.
(17) A pupil shall not be prohibited from participating in independent study solely on the basis that the pupil does not have the materials, equipment, or internet access that are necessary to participate in the independent study course.
(b) Subparagraph (C) of paragraph (4) of, subparagraph (C) of paragraph (8) of, and paragraph (9) of, subdivision (a) shall not apply to pupils that participate in an independent study program for fewer than 15 schooldays in a school year or to pupils enrolled in a comprehensive school for classroom-based instruction who, under the care of appropriately licensed professionals, participate in independent study due to necessary medical treatments or inpatient treatment for mental health care or substance abuse. Local educational agencies shall obtain evidence
from appropriately licensed professionals of the need for pupils to participate in independent study pursuant to this subdivision.
(b)
(c) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply:
(1) (A) For each schoolday, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled.
(B) For each schoolday, add the combined daily instructional minutes of courses authorized by all other laws and regulations in which the pupil is enrolled and for which the pupil
meets applicable attendance requirements.
(C) For each schoolday, add the sum of subparagraphs (A) and (B).
(2) If subparagraph (C) of paragraph (1) meets applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, credit each schoolday that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section, with up to one school day schoolday of attendance.
(3) (A) Using credited schoolday attendance pursuant to paragraph (2), calculate average daily attendance pursuant to Section 41601 or 47612, whichever is
applicable, for each pupil.
(B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil.
(4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section.
(5) If more than 10 percent of the total average daily attendance of a local educational agency is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the local educational agency
shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.
(c)
(d) For purposes of this section, “equivalent total instructional minutes” means the same number of minutes as required for an equivalent classroom-based course.
(d)
(e) This section does not prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.
(e)
(f) (1) The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(f)
(g) (1) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the ratios included in this section, including fiscal penalties for noncompliance as described in this section.
(2) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) to (e), (f), inclusive, unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance.
(g)
(h) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).
SEC. 39.
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:(1) A summary of the policies and procedures adopted by the governing board or body of the local educational agency pursuant to Section 51749.5, as applicable.
(2) The duration of the enrolled course or courses, the duration of the learning agreement, and the number of course credits for each enrolled course consistent with the certifications adopted by the governing board or body of the local educational agency
pursuant to Section 51749.5. The duration of a learning agreement shall not exceed a school year or span multiple school years.
(3) The learning objectives and expectations for each course, including, but not limited to, a description of how satisfactory educational progress is measured and when a pupil evaluation is required to determine whether the pupil should remain in the course or be referred to an alternative program, which may include, but is not limited to, a regular school program.
(4) The specific resources, including materials and personnel, that will be made available to the pupil. These resources shall include confirming or providing access to all pupils to the connectivity and devices adequate to participate in the educational program and complete assigned work.
(5) A statement detailing the academic
and other supports that will be provided to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils in foster care or experiencing homelessness, and pupils requiring mental health supports.
(6) A statement that enrollment in a course authorized pursuant to Section 51749.5 is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through course-based independent study only if the pupil is offered the alternative of classroom
instruction.
(7) The manner, time, frequency, and place for submitting a pupil’s assignments, for reporting the pupil’s academic progress, and for communicating with a pupil’s parent or guardian regarding a pupil’s academic progress.
(8) The objectives and methods of study for the pupil’s work, and the methods used to evaluate that work.
(9) A statement of the adopted policies regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, the level of satisfactory educational progress, and the number of missed assignments allowed before an evaluation of whether or not the pupil should be allowed to continue in course-based independent study.
(10) A statement of the number of course credits or, for the
elementary grades, other measures of academic accomplishment appropriate to the learning agreement, to be earned by the pupil upon completion.
(b) (1) For independent study programs projected to last more than 14 school days schooldays for an individual pupil, the learning agreement shall be signed, before the commencement of an independent study course, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of the independent study course, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. Beginning
in the 2022–23 school year, for independent study programs projected to last less than 15 school days schooldays for an individual pupil, each learning agreement shall be signed within 10 school days schooldays of the commencement of independent study, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. For purposes of this
paragraph “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code.
(2) The signed learning agreement constitutes permission from a pupil’s parent or legal guardian, if the pupil is less than 18 years of age, for the pupil to receive instruction through course-based independent study.
(3) Either an original document or an electronic file of the original document is allowable documentation for auditing purposes.
(4) For purposes of this section, an electronic file includes a computer or electronic stored image of an original document, including, but not limited to, portable document format (PDF), JPEG, or other digital image file type, that may be sent via fax machine, email, or other electronic means.
(5) Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file.
(6) Written agreements may be signed using an electronic signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of
Regulations, are satisfied.
(7) Notwithstanding subparagraph (A), paragraph (1), for the 2021–22 school year only, a local educational agency shall obtain a signed written agreement for independent study from the pupil, or the pupil’s parent or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of the independent study course, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. applicable, no later than 30 days after the first day of instruction. This subparagraph does not relieve a local educational agency from the obligation to comply with the requirements of this article, as amended by the act adding this paragraph, upon commencement of instruction for a participating pupil in the 2021–22 school year.
(8) (A) For the 2021–22 school year only, school districts and county offices of education shall notify the parents and guardians of all enrolled pupils of their options to enroll their child in in-person instruction or independent study during the 2021–22 school year. This notice shall include written information on the local educational agency’s internet website, including, but not limited to, the right to request a
pupil-parent-educator conference meeting before enrollment pursuant to this section, pupil rights regarding procedures for enrolling, disenrolling, and reenrolling in independent study, and the synchronous and asynchronous instructional time that a pupil will have access to as part of independent study. If 15 percent or more of the pupils enrolled in a local educational agency that provides instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, the written information shall, in addition to being written in English, be written in the primary language.
(B) Upon the request of the parent or guardian of a pupil, and before signing a written agreement pursuant to this section, the local educational agency shall conduct a telephone, videoconference, or
in-person pupil-parent-educator conference or other school meeting during which the pupil, parent or guardian, and, if requested by the pupil or parent, an education advocate, may ask questions about the educational options, including which curriculum offerings and nonacademic supports will be available to the pupil in independent study, before making the decision about enrollment or disenrollment in the various options for learning.
(c) Notwithstanding paragraph (6) of subdivision (a) of this section, paragraph (1) of subdivision (e) of Section 46300, and subparagraph (B) of paragraph (7) of subdivision (a) of Section 51749.5 for the 2021–22 school year only, a local educational agency shall be eligible to receive apportionments for independent study for pupils that are subject to quarantine for exposure to, or infection with, COVID-19 pursuant to local or state health guidance, and the pupil cannot participate in classroom-based instruction
due to the quarantine, and for school closures due to COVID-19 pursuant to subdivision (c) of Section 41422. Local educational agencies shall receive apportionment for these pupils for all schooldays that they participate in and meet all other apportionment requirements of independent study while in quarantine or during a school closure.
(d) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) and (b) unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance.
(e) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or
under any provision of Part 26.8 (commencing with Section 47600).
SEC. 40.
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:(1) Six hundred twenty-five dollars ($625) per unit of average daily attendance.
(2) The amount of funding per unit of average daily attendance calculated in the 2019–20 fiscal year pursuant to Section 56836.08 for the special education local plan area.
(b) For the 2021–22 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:
(1) Seven hundred fifteen dollars ($715) per unit of average daily attendance.
(2) The amount of funding per unit of average daily attendance calculated in the 2020–21 fiscal year pursuant to paragraph (2) of subdivision (a), adjusted by the inflation factor described in Section 56836.142, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year.
(c) For the 2022–23 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:
(1) Eight hundred twenty dollars ($820) per unit of average daily
attendance.
(2) The amount of funding per unit of average daily attendance calculated in the 2021–22 fiscal year pursuant to paragraph (2) of subdivision (b).
(d) Commencing with the 2023–24 fiscal year and for each fiscal year thereafter, 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:
(1) For the 2023–24 fiscal year, the amount of funding per unit of average daily attendance calculated for the 2022–23 fiscal year pursuant to paragraph (1) of subdivision (c), adjusted by the inflation factor described in Section 56836.142. For each fiscal year thereafter, the amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to this paragraph,
adjusted each year by the inflation factor described in Section 56836.142.
(2) The amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to paragraph (2) of subdivision (c).
(e) For purposes of calculating the amount of funding per unit of average daily attendance for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations:
(1) For the 2020–21 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2019–20 fiscal year pursuant to Section 56836.10 by 13 percent and then multiply by the inflation factor
described in Section 56836.142 for the 2020–21 fiscal year.
(2) For the 2021–22 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2020–21 fiscal year by 10 percent, and then adjust that amount by the inflation factor described in Section 56836.142 for the 2021–22 fiscal year, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year.
(3) For the 2022–23 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2021–22 fiscal year by 14 percent, and then adjust that amount by the inflation factor described in Section 56836.142 for the 2022–23 fiscal year. percent.
(4) For the 2023–24 fiscal year and for each fiscal year thereafter, the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year shall be adjusted by the inflation factor described in Section 56836.142 for the current fiscal year.
SEC. 41.
Section 69617 of the Education Code is amended to read:69617.
(a) (1) Subject to moneys appropriated by the Legislature for purposes of this section, the commission shall administer the Golden State Teacher Grant Program. Under the program, the commission shall provide one-time grant funds of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, on or after January 1, 2020, in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, if the student commits to working at a priority school for four years within the eight years following the date the student completes the professional preparation program.(2) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021 shall be available for encumbrance or expenditure by the commission until June 30, 2026.
(3) Grant funds shall be used to supplement and not supplant other sources of grant financial aid, and may be disbursed in more than one academic year, provided that the total amount of funds granted to an applicant does not exceed twenty thousand dollars ($20,000).
(b) The one-time grant funds issued pursuant to this section shall not exceed the amount appropriated for the Golden State Teacher Grant Program
in the Budget Act of 2020 and the Budget Act of 2021.
(c) (1) A grant recipient shall agree to serve at a priority school for four years and shall have eight years, upon completion of the recipient’s professional preparation program, to meet that obligation. Except as provided in paragraph (4), a grant recipient shall agree to repay the state 25 percent of the total received grant funds annually, up to full repayment of the received grant funds, for each year the recipient fails to do one or more of the following:
(A) Be enrolled in or have successfully completed a professional preparation program approved by the Commission on Teacher Credentialing.
(B) While enrolled in the professional preparation program, maintain good academic standing.
(C) Before or upon completion of the professional preparation program, satisfy the state basic skills requirement pursuant to Sections 44252 and 44252.5.
(D) Complete the required teaching service or clinical practice following completion of the recipient’s professional preparation program.
(2)
(E) Complete their teacher preparation program and earn a preliminary credential within three years after the first distribution of grant funds. Nonperformance of the commitment to serve at a priority school for four years shall be certified by the commission.
(2) Nonperformance of the commitment to serve at a priority school for four years shall be certified by the commission.
(3) Nonperformance of the commitment to earn a preliminary teaching credential or pupil personnel services credential shall be certified by the Commission on Teacher Credentialing to the Student Aid Commission.
(4) Any exceptions to the requirement for repayment shall be defined by the commission, and may include, but shall not necessarily be limited to, counting a school year towards the required four-year service
requirement if a grant recipient is unable to complete the school year when any of the following occur:
(A) The grant recipient has completed at least one-half of the school year.
(B) The employer deems the grant recipient to have fulfilled the grant recipient’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(C) The grant recipient was not able to serve due to the financial circumstances of the school district, including a decision to not reelect the employee for the next succeeding school year.
(D) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
(E) The grant recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(d) The commission may use up to 1.5 percent of funding appropriated for purposes of this section for outreach and administration.
(e) The commission shall develop a process by which students interested in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential may submit a request for a preenrollment conditional award notice from the commission. The notice shall provide information regarding the Golden State Teacher Grant Program award amount the student may be eligible to receive upon enrollment in the professional preparation program and formal application to the commission to participate
in the Golden State Teacher Grant Program.
(f) (1) A “priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02.
(2) The commission, in coordination with the State Department of Education, shall publish a list of priority schools by April 15 of each year.
(g) (1) The commission may adopt regulations, including any amendments to regulations, necessary for the implementation of the Golden State Teacher Grant Program. The commission may adopt emergency regulations it deems necessary for the implementation of this program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code.
(2) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to paragraph (1) shall remain in force and effect until June 30, 2025.
(3) No rule, policy, or standard of general application issued by the commission in implementing this section shall be
subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h) The commission shall conduct, in partnership with the Commission on Teacher Credentialing, an evaluation of the Golden State Teacher Grant Program to determine the effectiveness of the program in recruiting credential candidates and employing credentialholders at priority schools. The commission is encouraged to use qualitative and quantitative measures to quantify the number of credential candidates the program recruited into professional preparation programs, disaggregated by program and institution type, and the number of credentialholders employed at priority schools, disaggregated by subject matter placement, and to describe the effects of the program on the decisions of credential candidates to enter and remain in the education field. The commission shall provide, with
respect to the evaluation, a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 31, 2025, and every two years thereafter.
(i) The commission shall accept applications for the Golden State Teacher Grant Program beginning on September 1 for the following academic year and shall establish a process and timeline that allows institutions of higher education to provide applicants with grant eligibility determinations before the deadline for enrolling in their professional preparation program.
(j) The commission shall permit grant recipients to receive funds in more than one academic year, provided the total amount of funds granted to any applicant does not exceed twenty thousand dollars ($20,000).
SEC. 42.
Section 88017 of the Education Code is amended to read:88017.
(a) (1) No later than March 15 and before a classified employee is given notice by the governing board of the community college district that the classified employee’s services will not be required for the ensuing year, the governing board of the community college district and the employee shall be given written notice by the superintendent of the community college district or the superintendent’s designee, or, in the case of a community college district that has no superintendent, by the clerk or secretary of the governing board of the community college district, that it has been recommended that the notice be given to the employee, and stating the reasons therefor.(2) Until the classified employee has requested a hearing as provided in
subdivision (b) or has waived their right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section.
(b) A classified employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice, on or before a date specified in subdivision (a), which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, this failure to do so shall constitute waiver of the employee’s right to a hearing.
The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision.
(c) If a hearing is requested by a classified employee under subdivision (b), the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board of a community college district shall have all the powers granted to an agency in that chapter, except that all of the following shall apply:
(1) The respondent shall file their notice of defense, if any, within five days after service upon the respondent of the accusation and the respondent shall be notified of this five-day period for filing the accusation.
(2) The discovery authorized by Section 11507.6 of the Government Code shall be
available only if a request is made for discovery within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate.
(3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the colleges and the students thereof. The proposed decision shall be prepared for the governing board of the community college and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the community college shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the
governing board of the community college or on any court in future litigation. Copies of the proposed decision shall be submitted to the governing board of the community college and to the classified employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board of the community college from community college district funds.
(4) An employee may be represented at the hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s classification, if any.
(d) (1) The determination of the governing board of a community college
district to not reemploy a classified employee for the ensuing college year shall be for cause only. The determination of the governing board of the community college district as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the colleges and the students thereof and provided that cause is a bona fide lack of funds or reduction in services. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced.
(2) For purposes of this section, “cause” for layoff includes community college district compliance with the seniority requirements of this code, including Section 88127.
(e) Notice of termination to the classified employee by the governing board of the community college district that the employee’s service will not be required for the ensuing year shall be
given no later than May 15.
(f) If the governing board of a community college district notifies a classified employee that the employee’s services will not be required for the ensuing year, the governing board of the community college district, within 10 days after receipt of the employee’s written request, shall provide the employee with a statement of its reasons for not reemploying the employee for the ensuing college year.
(g) Any notice or request under this section shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid, and addressed to the last known address of the employee.
(h) (1) If the governing board of a community college district does not give notice provided for
in subdivision (e) on or before May 15, a permanent employee shall be deemed reemployed for the ensuing college year, except that this section shall not be construed to interfere with the right of a district to release probationary employees who never become permanent without notice or hearing.
(2) For purposes of this subdivision, “permanent employee” includes an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice.
(i) If, after request for hearing pursuant to subdivision (b), any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (c), (d), (e), and (h) that occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance.
(j) (1) A classified employee shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. This subdivision does not create a layoff notice requirement for any individual hired as a short-term employee, as defined in Section 88003, for a period not exceeding 60 days.
(2) This subdivision does not apply to the retention of a short-term employee, as defined in Section 88003, who is hired for a period not exceeding 60 days after which the short-term service may not be extended or renewed.
(k) Notwithstanding the other requirements of this code respecting layoff of permanent classified employees, when classified positions must be eliminated as a result of the expiration of a specially funded program, the employees to be laid off
shall be given written notice not less than 60 days prior to the effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights.
(l) If, after January 1, 2021, the Legislature provides academic employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees shall be afforded the same rights by the community college district.
(m) The governing board of a community college district may adopt, from time to time, rules and procedures not inconsistent with this section that may be necessary to effectuate this section.
(n) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060) of this chapter.
SEC. 43.
Section 65995.7 of the Government Code is amended to read:65995.7.
(a) If state funds for new school facility construction are not available, the governing board of a school district that complies with Section 65995.5 may increase the alternative fee, charge, dedication, or other requirement calculated pursuant to subdivision (c) of Section 65995.5 by an amount that(b) For purposes of this section, state funds are not available if the State Allocation Board is no longer approving apportionments for new construction pursuant to Article 5 (commencing with Section 17072.20) of Chapter 12.5 of Part 10 of Division 1 of Title 1 of the Education Code due to a lack of funds available for new construction. Upon making a determination that state funds are no longer available, the State
Allocation Board shall notify the Secretary of the Senate and the Chief Clerk of the Assembly, in writing, of that determination and the date when state funds are no longer available available, for publication in the respective journal of each house. For the purposes of making this determination, the board State Allocation Board shall not consider whether funds are available for, or whether it is making preliminary apportionments or final apportionments pursuant to, Article 11 (commencing with Section 17078.10).
17078.10) of Chapter 12.5 of Part 10 of Division 1 of Title 1 of the Education Code.
(c) After the determination that state funds are no longer available is made by the State Allocation Board, the increase of the alternative fee, charge, dedication, or other requirement authorized by subdivision (a) shall not be imposed as of the earlier of the following dates:
(1) The date that funds are transferred into an account that has been identified for new construction apportionments for purposes of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code).
(2) The date of the first meeting of the State
Allocation Board at which apportionments for new construction resume.
(d) The Office of Public School Construction shall post on its internet website the status of whether the criteria specified in paragraphs (1) and (2) of subdivision (c) have been met and whether the increase of the alternative fee, charge, dedication, or other requirement authorized by subdivision (a) may be imposed.
(b)A
(e) The governing board
of a school district may offer a reimbursement election to the person subject to the fee, charge, dedication, or other requirement that provides the person with the right to monetary reimbursement of the supplemental amount authorized by this section, to the extent that the school district receives funds from state sources for construction of the facilities for which that amount was required, less any amount expended by the school district for interim housing. At the option of the person subject to the fee, charge, dedication, or other requirement
requirement, the reimbursement election may be made on a tract or lot basis. Reimbursement of available funds shall be made within 30 days as they are
of being received by the school district.
(c)A
(f) The governing board
of a school district may offer the person subject to the fee, charge, dedication, or other requirement an opportunity to negotiate an alternative reimbursement agreement if the terms of the agreement are mutually agreed upon.
(d)A
(g) The governing board of a school district may provide that the rights granted by the reimbursement election or the alternative reimbursement agreement are
assignable.
SEC. 44.
Section 65997 of the Government Code is amended to read:65997.
(a) The following provisions shall be the exclusive methods of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project, as defined in Section 17620 of the Education Code, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code:(1) Chapter 12 (commencing with Section 17000) of, or Chapter 12.5 (commencing with Section 17070.10) of, Part 10 of Division 1 of Title 1 of the Education Code.
(2) Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1 of the Education Code.
(3) Chapter 18 (commencing with Section 17170) of Part 10 of Division 1 of Title 1 of the Education Code.
(4) Article 2.5 (commencing with Section 17430) of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code.
(5) Section 17620 of the Education Code.
(6) Chapter 2.5 (commencing with Section 53311) of
Part 1 of Division 2 of Title 5.
(7) Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7. 65970).
(b) A public agency may not, pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code or Division 2 (commencing with Section 66410) of this code, deny approval of a project on the basis of the adequacy of school facilities.
(c) (1) This section shall become operative on or after any statewide election in 2012, if a statewide general obligation bond measure submitted for voter approval in 2012 or thereafter that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved.
(2) (A) This section shall become inoperative if if, subsequent to the failure of a general obligation bond measure described in paragraph (1) (1), a statewide general bond measure as described in paragraph (1) is approved by the voters. voters or provided state resources are available.
(B) Thereafter, this section shall become operative if a statewide general obligation bond measure submitted for voter approval that includes bond issuance authority to fund construction of kindergarten and grades 1 to 12, inclusive, public school facilities is submitted to the voters and fails to be approved approved, unless provided state resources are available, and shall become inoperative if if, subsequent to the failure of the general obligation bond measure measure, either a statewide bond measure as described in this subparagraph is approved by the voters. voters or provided state resources are available.
(C) As used in this section, “provided state resources” means an appropriation for, or deposit into an account that are required to be used for, either the new construction of school facilities or the modernization of school facilities, or both.
(d) Notwithstanding any other provision of law, a public agency may deny or refuse to approve a legislative act involving, but not limited to, the planning, use, or development of real property, on the basis that school facilities are inadequate, except that a public agency may not require the payment or satisfaction
of a fee, charge, dedication, or other financial requirement in excess of that levied or imposed pursuant to Section 65995 and, if applicable, any amounts specified in Sections 65995.5 or 65995.7.
SEC. 45.
Section 1596.806 of the Health and Safety Code is amended to read:1596.806.
(a) A room used as a classroom by a schoolage(1) A functioning schoolsite in the same facilities that have housed school children during the day, before
or after school hours, or before and after school hours.
(2) A functioning schoolsite in facilities certified as usable as a classroom for instruction. A building owned by a school district, the state, or the schoolage child care program may meet the certification requirement if either of the following is provided to the department:
(A) Evidence that the building was approved as a classroom by the office Division of the State Architect.
(B) A certification statement signed by the superintendent of the schools, or his or her
their designee, in the district where the schoolage child care childcare program is located, that the classroom building is of sufficient size to accommodate public instruction. The school district may make this certification regardless of the ownership of the classroom.
(b) School grounds, other than rooms used as classrooms, used by a schoolage child care childcare program operated on a functioning schoolsite pursuant to either paragraph (1) or (2) of subdivision (a) shall be exempt from all of the following requirements
imposed by the department on child day care
daycare facilities:
(1) Fencing, outdoor activity space, toilet, and isolation space requirements.
(2) Requirements to have exclusive use of the outdoor activity space or exclusive use of children’s rest rooms also used by students located on school grounds.
(c) The exemptions pursuant to subdivisions (a) and (b) shall continue during school vacation and intersession periods.
(d) (1) For purposes of this section, “schoolage child care
childcare program” means a program for children who are four years and nine months or older and are
currently enrolled in a school school, including transitional kindergarten, as defined in Section 48000 of the Education Code, or are dependent children living within the same household as a child attending a school, operated by an entity that contracts with the school to provide staff and program. “Schoolage child care program” includes, but is not limited to, a program pursuant to Article 22 (commencing with Section 8460) or Article 23 (commencing with Section 8485) of Chapter 2 of Part 6 of the Education Code.
(2) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this paragraph through letters or similar written instructions that shall have the same force and effect as regulations until regulations are adopted.
SEC. 46.
Section 1596.807 of the Health and Safety Code is amended to read:1596.807.
The State Department of Social Services, shall allow an extendedSEC. 47.
Section 10271.5 of the Welfare and Institutions Code is amended to read:10271.5.
(a) For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 85 percent of the state median income, adjusted for family size, as specified in subdivision (c).(b) For purposes of establishing ongoing income eligibility under this chapter, “ongoing income eligible” means that a family’s adjusted monthly income is at or below 85 percent of the state median income, adjusted for family size, as specified in subdivision (c).
(c) The Department of Finance shall calculate the state median income for family sizes of one to four, inclusive, by using the most recent census data available on state
median family income in the past 12 months by family size. The Department of Finance shall calculate the state median income for family sizes of five and above by using the most recent census data for a family of four and multiplying this number by the ratios for the appropriate family size used in the federal Low-Income Home Energy Assistance Program (42 U.S.C. Sec. 8621 et seq.) and specified in federal regulations at paragraphs (5), (6), and (7) of subdivision (b) of Section 96.85 of Title 45 of the Code of Federal Regulations. The Department of Finance shall update its calculations of the state median income for families according to the methodology provided in this subdivision and provide the updated data to the department no later than March 1 of each fiscal year.
(d) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state
supplemental program benefits pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 shall not be included as income for purposes of determining eligibility for childcare under this chapter.
(e) Payments made on behalf of a child pursuant to Section 11460, 11461.3, 11461.36, or 11461.4 shall not be included as income for purposes of determining eligibility for childcare under this chapter.
(f) Notwithstanding any other law, guaranteed income payments received by an individual shall not be included as income for purposes of determining eligibility for childcare under this chapter. For purposes of this subdivision, “guaranteed income payments” are defined as unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but
not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (Chapter 16 (commencing with Section 18997) of Part 6).
(g) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer subdivisions (e) and (f) by all-county letters, bulletins, or similar written instructions until regulations are adopted.
(2) The department shall adopt regulations implementing subdivisions (e) and (f) no later than July 1, 2025.
SEC. 48.
Section 10281.5 of the Welfare and Institutions Code is amended to read:10281.5.
(a) In order to reflect the additional expense of serving children who meet any of the criteria outlined in subdivision (c), the provider agency’s reported child days of enrollment for these children shall be multiplied by the adjustment factors listed below.(b) The adjustment factors described in subdivision (c) shall apply to those programs for which assigned reimbursement rates are at or below the standard reimbursement rate. In addition, the adjustment factors shall apply to those programs for which assigned reimbursement rates are above the standard reimbursement rate, but the reimbursement rate, as adjusted, shall not exceed the adjusted standard reimbursement rate.
(c) Notwithstanding any
other law, commencing January 1, 2019, the adjustment factors shall be as follows:
(1) Prior to January 1, 2022, for infants who are 0 to 18 months of age, inclusive, and are served in a child care center or a family child care home, the adjustment factor shall be 2.44.
(2) Prior to January 1, 2022, for toddlers who are 18 to 36 months of age, inclusive, and are served in a child care center or a family child care home, the adjustment factor shall be 1.8.
(3) For children with exceptional needs who are 0 to 21 years of age, inclusive, the adjustment factor shall be 1.54.
(4) For severely disabled children who are 0 to 21 years of age, inclusive, the adjustment factor shall be 1.93.
(5) Prior to January 1, 2022, for children at risk of neglect, abuse, or exploitation who are 0 to 14 years of age the adjustment factor shall be 1.1.
(6) Prior to January 1, 2022, for dual language learner children who are two years of age through kindergarten age, inclusive, the adjustment factor shall be 1.1.
(7) For infants and toddlers who are 0 to 36 months of age, inclusive, and are served in general child care and development programs, or children who are 0 to 5 years of age, inclusive, and are served in a family child care home education network setting funded by a general child care and development program, where early childhood mental health consultation services are provided, pursuant to Section 10281, the adjustment factor shall be 1.05. 1.1.
(d) Use of the adjustment factors shall not increase the provider agency’s total annual allocation.
(e) (1) Days of enrollment for children who meet more than one of the criteria outlined in paragraphs (1) to (6), inclusive, of subdivision (c) shall not be reported under more than one of the categories specified in those paragraphs.
(2) Notwithstanding paragraph (1), for children for whom an adjustment factor is applied pursuant to any of paragraphs (1) to (6), inclusive, of subdivision (c), and who are additionally eligible for the adjustment factor established in paragraph (7) of subdivision (c), reported child days of
enrollment shall be multiplied by the sum of the applicable adjustment factor under paragraphs (1) to (6), inclusive, of subdivision (c) and 0.05.
(f) The difference between the reimbursement resulting from the use of the adjustment factors outlined in subdivision (c) and the reimbursement that would otherwise be received by a provider in the absence of the adjustment factors shall be used for special and appropriate services for each child for whom an adjustment factor is claimed.
SEC. 49.
Section 138 of Chapter 44 of the Statutes of 2021, as amended by Section 105 of Chapter 52 of the Statutes of 2022, 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).(b) (1) Of the amount appropriated in subdivision (a), one hundred twenty million dollars ($120,000,000) shall be available for allocation to local educational agencies to expend on kitchen infrastructure upgrades that will increase pupil access to, or improve the quality of, fresh and nutritious school meals.
(2) Each local educational agency may receive a base allocation of twenty-five thousand dollars ($25,000).
(3) (A) After allocations are made pursuant to paragraph (2), the remaining funds shall be allocated to local educational agencies with pupil populations that are at least fifty percent eligible for free and reduced-price meals.
(B) Allocation of funds pursuant to subparagraph (A) shall be proportionate based on a local educational agency’s total enrollment of pupils who are eligible for free and reduced-price meals.
(4) Allowable uses of funds allocated pursuant to paragraphs (2) and (3) include all of the following:
(A) Cooking equipment and supporting infrastructure system needs, including, but not limited to, combination ovens, steamers, tilting skillets, or electrical support and facility upgrade requirements.
(B) Service equipment, including, but not limited to, service lines, point-of-sale systems, or mobile carts.
(C) Refrigeration and storage, including, but not limited to, walk-in refrigerators, freezers, blast chillers, or system upgrades.
(D) Transportation of ingredients, meals, and equipment between sites, including, but not limited to, vehicles and equipment to prevent spoilage of food in transit.
(5) (A) As a condition of receiving funding pursuant to paragraphs (2) and (3), each local educational agency shall report to the State Department of Education on or before June 30, 2023,
2024, how it used the funding to improve the quality of school meals or increase participation in subsidized school meal programs.
(B) The State Department of Education shall develop forms that shall be used by local educational agencies to comply with subparagraph (A).
(c) (1) Of the amount appropriated in subdivision (a), thirty million dollars ($30,000,000) shall be available for the State Department of Education to apportion funds to local educational agencies based on the number of lunches served in October 2020 by the local educational agency.
(2) (A) A local educational agency shall expend funds received pursuant to this section for food service staff to receive training on promoting nutritious foods, which may include
training on food preparation, healthy food marketing, and changing the school lunchroom environment.
(B) To the extent any funds remain after the allowable uses specified in subparagraph (A), a local educational agency may use that remaining funding for any of the purposes described in paragraph (4) of subdivision (b).
(3) Notwithstanding paragraph (1), each local educational agency may receive a minimum allocation of two thousand dollars ($2,000).
(d) For purposes of this section, the following definitions apply:
(1) “Classified school employee” means a person employed on a full-time or part-time basis as a classified school employee by a local educational agency.
(2) “Local educational
agency” means a school district, county office of education, or charter school participating in the federal School Breakfast Program or the federal National School Lunch Program.
(3) “Nutritious” means, at minimum, foods that align with the federal and state standards for meals served through the federal National School Lunch Program and the federal School Breakfast Program, and as further defined for purposes of Section 49531 of the Education Code.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 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 of the Education Code, for the 2020–21 fiscal year.
SEC. 50.
Section 264 of Chapter 116 of the Statutes of 2021 is amended to read:Sec. 264.
(a) (1) Three million one-hundred sixty thousand dollars ($3,160,000) in one-time funding shall be allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to increase licensed family daycare home capacity, as described in this subdivision. The State Department of Social Services shall issue a one-time incentive payment in the amount of five hundred dollars ($500) to a previously unlicensed individual who obtains a family daycare home license on or after June 28, 2021, and maintains an active license for 12 consecutive months. These incentive payments shall be provided to the extent that appropriated funds are available or until June 30, 2023, whichever comes first.(2) The State Department of Social Services may designate another agency or agencies to distribute these funds to licensed family daycare homes. Contracts or grants awarded pursuant to this subdivision shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. Contracts or grants awarded pursuant to this subdivision shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(3) For purposes of this subdivision, a “family daycare home” has the same meaning as in subdivision (a) of Section 1596.78 of the Health and Safety Code.
(b) (1) Forty million dollars
($40,000,000) in one-time funding shall be allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to establish the Joint Child Care Providers United-State of California Training Partnership Fund, the purpose of which is to expand and strengthen training opportunities for family childcare providers and address the workforce needs of the State of California, as well as the career, knowledge, and skill aspirations of all family childcare providers.
(2) The training supported by the fund shall include, but not be limited to, training relating to the following:
(A) The cognitive, social, emotional, and physical development of children and approaches to learning.
(B) Trauma-informed practices and care.
(C) Family engagement.
(D) Dual language learners.
(E) Racial and cultural diversity.
(F) Apprenticeships, pre-apprenticeships, and on-the-job learning programs.
(G) Additional topics, including small business operations, learning approaches for special needs children, evidence-based curricula, design and layout of child care spaces, self-care, and development of family childcare providers as mentors.
(3) The fund may also be used to fund training and professional development expenses; computers, books, and other equipment to facilitate learning; coaching, mentors, and
other staff; fund set-up and implementation; and monetary incentives for completing training, education, and other degree requirements.
(4) The funding described in this subdivision shall be subject to federal usage limitations and federal and state program eligibility requirements. Funds allocated for the purposes described in this subdivision are subject to appropriation in the Budget Act and shall be liquidated by September 30, 2022.
(c) (1) Commencing January 1, 2022, two hundred eighty-nine million dollars ($289,000,000) up to two hundred ninety-one million dollars ($291,000,000) in one-time funding shall be made available to support family childcare providers, as
defined in paragraph (1) of subdivision (b) of Section 10421 of the Welfare and Institutions Code, through reimbursement rate supplements to be allocated over a twenty-four month period. Of the two hundred eighty-nine million dollars ($289,000,000), eighty-nine million dollars ($89,000,000) up to two hundred ninety-one million dollars ($291,000,000), up to ninety-one million dollars ($91,000,000)
is allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, and two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the State Department of Social Services. Reimbursement rate supplements shall be tied to the uses and methodology described in paragraphs (2) and (3).
(2) Child Care Providers United – California shall have discretion to determine how the funding described in paragraph (1) may be used to supplement reimbursement rates, which may include, but not be limited to, monthly rate supplements for family childcare providers or lump-sum bonuses, subject to review and approval by the state to ensure feasibility of implementation.
(3) Notwithstanding Sections 10228, 10280, and
10374.5 of the Welfare and Institutions Code, the reimbursement rate supplements shall be implemented using a methodology developed by Child Care Providers United – California, in its sole capacity as the certified provider organization representing family childcare providers, subject to technical assistance, review, and approval by the State Department of Social Services. The reimbursement rate supplements shall be implemented January 1, 2022, through December 31, 2023.
(4) The state and Child Care Providers United – California may establish a Joint Labor Management Committee to facilitate agreement on the uses of funding determined pursuant to paragraph (2) and the methodology developed pursuant to paragraph (3).
(d) (1) The Legislature hereby approves the agreement, dated June 25, 2021, entered into by the Governor and Child Care Providers United –
California, in its sole capacity as the certified provider organization representing family childcare providers, as defined in Section 10421 of the Welfare and Institutions Code. This paragraph shall be limited to the terms specified in the agreement and shall not be interpreted to expand upon or change the agreement.
(2) The provisions of the agreement prepared pursuant to Section 10426 of the Welfare and Institutions Code and entered into by the Governor and Child Care Providers United—California, dated June 25, 2021, that require the expenditure of funds or legislative action to permit their implementation, are hereby approved by the Legislature for the purposes of subdivision (b) of Section 10426 of the Welfare and Institutions Code.
(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Education may implement, interpret, or make specific this section by means of all-county letters, bulletins, or similar written instructions from either department. These all-county letters or similar written instructions shall have the same force and effect as regulations.
SEC. 51.
Section 265 of Chapter 116 of the Statutes of 2021 is amended to read:Sec. 265.
(a) The sum of seven hundred thirty-nine million twenty-five thousand dollars ($739,025,000) in federal funds is hereby appropriated to the State Department of Education for the 2021–22 fiscal year. Upon order of the Department of Finance, these funds shall be transferred to the State Department of Social Services for the purpose of expanding childcare access by funding additional slots under the alternative payment program (Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code) and the general childcare and development program (Chapter 7 (commencing with Section 10240) of Part 1.8 of Division 9 of the Welfare and Institutions Code). Of the funds transferred, four hundred three million dollars ($403,000,000) shall be allocated for slots in the 2021–22 fiscal year and three hundred thirty-six million twenty-five thousand dollars ($336,025,000) shall be allocated for slots in the 2022–23 fiscal year.(b) The sum of twenty-nine million seventy-eight thousand dollars ($29,078,000) is hereby appropriated from the General Fund to the State Department of Social Services to provide childcare provider cost of living adjustment increases pursuant to Section 42238.15 of the Education Code in the 2021–22 fiscal year.
(c) Notwithstanding any other law, commencing January 1, 2022, eight hundred forty million three hundred thirty thousand dollars ($840,330,000) shall be allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to support childcare provider rate increases, as defined in subdivision (c) of Section 10280 of the
Welfare and Institutions Code and in subdivisions (b) and (c) of Section 10374.5 of the Welfare and Institutions Code. Of the eight hundred forty million three hundred thirty thousand dollars ($840,330,000), two hundred seventy-five million five hundred eighty thousand dollars ($275,580,000) shall be available in the 2021–22 fiscal year, four hundred fifty million dollars ($450,000,000) shall be available in the 2022–23 fiscal year, and one hundred fourteen million seven hundred fifty thousand dollars ($114,750,000) shall be available in the 2023–24 fiscal year.
(d) Notwithstanding any other law, commencing January 1, 2022, three hundred sixty-seven million two hundred seventy-five thousand dollars ($367,275,000) shall be allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to support preschool
rate increases, as provided for in subdivision (c) of Section 8242 of the Education Code. Of the three hundred sixty-seven million two hundred seventy-five thousand dollars ($367,275,000), one hundred three million one hundred sixty thousand dollars ($103,160,000) shall be available in the 2021–22 fiscal year, two hundred ten million four hundred fifty thousand dollars ($210,450,000) shall be available in the 2022–23 fiscal year, and fifty-three million six hundred sixty-five thousand dollars ($53,665,000) shall be available in the 2023–24 fiscal year.
(e) (1) Commencing January 1, 2022, one hundred eighty-eight million seven hundred sixty thousand dollars ($188,760,000) eighty-four million seven hundred ninety-four thousand dollars ($184,794,000)
in one-time funding shall be made available to address inequities between the standard reimbursement rate and the regional market rate ceiling for center-based childcare providers in the general childcare, migrant, childcare and development, migrant childcare and development, childcare and development for children with special needs, and California state preschool programs, by providing reimbursement rate supplements, which shall be allocated over a twenty-four month period. Of the one hundred eighty-eight million seven hundred sixty thousand dollars ($188,760,000): eighty-four million seven hundred ninety-four thousand dollars
($184,794,000):
(A) Forty-five million dollars ($45,000,000) Nine million two hundred fifty-three thousand dollars ($9,253,000) shall be allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, for transfer to the State Department of Social Services, and twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the State
Department of Social Services Services for the reimbursement rate supplements described in this paragraph and paragraph (2).
(B) Thirty one million one hundred ninety thousand dollars ($31,190,000) Forty-one million one hundred eighty-nine thousand dollars ($41,189,000)_is allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to the State Department of Education and
Education, sixteen million eight hundred ten thousand dollars ($16,810,000) is allocated from the funds described in Item 6100-194-0001 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to the State Department of Education, and sixteen million thirty-four thousand dollars ($16,034,000)
is hereby appropriated from the General Fund to the State Department of Education for the reimbursement rate supplements described in this paragraph and paragraph (2).
(C) Fifty seven million five hundred seventy-six thousand dollars ($57,566,000) is allocated from the funds described in Provision 9 of Item 6100-196-0001 of the Budget Act of 2021 (Ch. 21, Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to the State Department of Education, and eighteen million one hundred ninety-four thousand dollars ($18,194,000) forty-three million nine hundred forty-two thousand dollars ($43,942,000) is allocated from the funds described in subdivision (d) of Provision 5 of Item 6100-149-0890 of the Budget Act of 2021 (Ch. 21,
Stats. 2021), as amended by Senate Bill 129 of the 2021–22 Regular Session, to the State Department of Education for the reimbursement rate supplements described in this paragraph and paragraph (2).
(2) In order to determine the rate distribution methodology, the State Department of Social Services and State Department of Education, in consultation with the Legislature, shall determine how the funding described in paragraph (1) will be used to supplement reimbursement rates, which may include, but not be limited to, monthly rate supplements or lump-sum bonuses, subject to review and approval by the Department of Finance, to ensure feasibility of implementation. In determining how they use the funding described in this subdivision, the departments shall ensure a fair and equitable distribution based on the funding allocated to the departments for these purposes. The Department of Finance shall notify the Joint Legislative Budget Committee of the
determined use of this funding.
(3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The State Department of Social Services or the State Department of Education, as applicable, shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following:
(A) Address, including ZIP Code.
(B) Race and ethnicity.
(C) Gender.
(D) Whether the provider is open and
available to provide childcare services or closed due to the COVID-19 public health emergency.
(E) What types of federal relief funds have been received from the state.
(F) Use of federal relief funds received.
(G) Documentation that the provider met certifications as required by federal law.
(4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
SEC. 52.
Section 53 of Chapter 252 of the Statutes of 2021 is amended to read:Sec. 53.
(a) The sum of one million thirty-one thousand dollars ($1,031,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to be allocated as follows:(a)
(1) Seven hundred fifty thousand dollars ($750,000) to the California History-Social Science Project to develop, establish, and maintain a centrally located platform for hosting the model curricula
developed pursuant to Sections 33540.2, 33540.4, 33540.6, and 51226.9 of the Education Code.
(b)(1)Two
(2) (A) Two hundred eighty-one thousand dollars ($281,000) for the Superintendent of Public Instruction to, in consultation with and subject to the approval of the executive director of the State Board of Education, contract with a nongovernmental research institution for the purpose of convening a Statewide Model Curriculum Coordinating Council to help ensure alignment and coordination in
the development of the model curricula pursuant to Sections 33540.2, 33540.4, 33540.6, and 51226.9 of the Education Code.
(2)
(B) The Statewide Model Curriculum Coordinating Council shall meet at least quarterly with the selected county office of education or consortium of county offices of education, pursuant to Sections 33540.2, 33540.4, 33540.6, and 51226.9 of the Education Code, and the California History-Social Science Project regarding the development of the model curricula and shall review all of the following:
(A)
(i) The sufficiency of the stakeholder engagement, including the inclusion of diverse and regional voices.
(B)
(ii) The process for vetting and inclusion of resources into the model curricula.
(C)
(iii) An analysis of the accessibility of the resources on the hosting platform.
(D)
(iv) Other areas of statewide concern.
(3)
(C) The Statewide Model Curriculum Coordinating Council shall consist of representatives from the following groups:
(A)
(i) The State Department of Education.
(B)
(ii) The State Board of Education.
(C)
(iii) The Instructional Quality Commission.
(D)
(iv) The California Collaborative for Educational Excellence.
(b) Funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2025.
SEC. 53.
Section 122 of Chapter 52 of the Statutes of 2022 is amended to read: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(2) Funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2027.
(b) Of the amount appropriated pursuant to subdivision (a), the sum of thirty-five million dollars ($35,000,000) shall be allocated to the Fresno County Office of Education to, in partnership with the county office of education-led consortium selected pursuant to subdivision (e), and in collaboration with other state-sponsored and nonprofit mathematics and science
mathematics, science, and computer science educator training initiatives, including those identified in subdivision (g), expand and augment the work of the existing California Statewide Early Math Initiative. Funds shall be used for all of the following purposes:
(1) To expand existing statewide infrastructure and capacity to provide educator professional development and coaching in mathematics and science mathematics, science, and computer science for preschool, transitional kindergarten, kindergarten, and grades 1 to 3, inclusive.
(2) To generate and disseminate professional learning opportunities for preschool, transitional kindergarten,
kindergarten, and grades 1 to 3, inclusive, educators designed to enable local implementation efforts of 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.
(3) To support local efforts to improve family and community engagement in mathematics and science education, and positively engage families and communities in implementing the Next Generation Science Standards, the California Common Core State Standards: Mathematics, the California Computer Science Standards, the mathematics and science domains of the California Preschool Learning Foundations, and the Cognitive Development Domain of the California Infant/Toddler Learning and Development Foundations for children from birth to grade 3, inclusive.
(c) Before the release of funds allocated pursuant to subdivision (b), the Fresno County Office of Education shall provide the State Department of Education with a proposed scope of work and five-year budget plan for the funds. In addition to staffing costs, costs to develop educator resources and professional development, and other related expenditures, the budget plan shall include costs for an independent evaluation of the program. Release of funds to the Fresno County Office of Education shall be subject to approval of the scope of work and the budget plan by both the Superintendent of Public Instruction and the executive director of the State Board of Education.
(d) Of the amount appropriated pursuant to subdivision (a), the sum of fifty million dollars ($50,000,000) shall be allocated to a county office of education, which shall partner with the Fresno County Office of Education’s Early Math Initiative and collaborate with
other state-sponsored and nonprofit mathematics and science
mathematics, science, and computer science educator training initiatives, including those identified in subdivision (g), to do all of the following:
(1) Expand existing statewide infrastructure and capacity to provide educator professional development and coaching in mathematics and science mathematics, science, and computer science for grades 4 to 12, inclusive.
(2) Generate and disseminate professional learning opportunities for grades 4 to 12, inclusive, educators designed to enable local implementation efforts of the Next Generation Science Standards, the California Common Core State Standards: Mathematics, and the California Computer Science
Standards.
(3) Support local efforts to improve family and community engagement in mathematics and science education, and positively engage families and communities in implementing the Next Generation Science Standards, the California Common Core State Standards: Mathematics, and the California Computer Science Standards for pupils in grades 4 to 12, inclusive.
(e) (1) The State Department of Education, in consultation with the executive director of the State Board of Education, shall establish a competitive process, administered by the department, to select, subject to approval by the executive director of the State Board of Education, a county office of education-led consortium with demonstrated expertise in developing and providing professional learning and mentoring for educators in public schools to strengthen math and science
mathematics, science, and computer science instruction for all pupils.
(2) Applicants shall demonstrate a desire and the capacity to work in collaboration with existing efforts to build a coherent and comprehensive system of statewide supports for all children from birth to grade 12, inclusive. Applicants shall also demonstrate ability to build leadership capacity, actively involve and support teachers and administrators in local planning, and evaluate implementation outcomes.
(f) Before the release of funds allocated pursuant to subdivision (d), the county office of education selected pursuant to subdivision (e) shall provide the State Department of Education with a proposed scope of work and five-year budget plan for the funds. In addition to staffing costs, costs to develop educator resources and professional development, and other
related expenditures, the budget plan shall include costs for an independent evaluation of the program. Release of funds to the county office of education selected pursuant to subdivision (e) shall be subject to approval of the scope of work and the budget plan by both the Superintendent of Public Instruction and the executive director of the State Board of Education.
(g) Recipients of funds pursuant to subdivisions (b) and (d) shall, to the greatest extent practicable, facilitate coordination among the grantees of other mathematics and science
mathematics, science, and computer science educator professional development initiatives, including, but not limited to, all of the following:
(1) The subject matter projects authorized pursuant to Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title 3 of the Education Code.
(2) Grantees of the 21st Century California School Leadership Academy authorized pursuant to Article 5 (commencing with Section 44690) of Chapter 3.1 of Part 25 of Division 3 of Title 2 of the Education Code.
(3) The California Early Math Initiative authorized pursuant to Sections 130 and 131 of Chapter 44 of the Statutes of 2021.
(4) Grantees of the Learning Acceleration System Grant authorized pursuant
to Section 145 of Chapter 44 of the Statutes of 2021.
(h) For the purposes of this section, the following definitions apply:
(1) “Consortium” means a lead county office of education partnered with one or more nonprofit entities or institutions of higher education, or both, and may include other county offices of education.
(2) “Educator” means public preschool and kindergarten preschool, transitional kindergarten, kindergarten,
and grades 1 to 12, inclusive, school administrators, teacher leaders, teachers, professional learning coaches, specialists, paraprofessionals, and before school, after school, and summer school staff.
(3) “Preschool” is defined as any public prekindergarten program administered by a local educational agency serving children from birth until, but not including, kindergarten.
(4)“Science” is defined as any of the sciences, technology, engineering, and computer science.
(i) For purposes of making the computations required by section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund
revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code, for the 2021–22 fiscal year.
SEC. 54.
Section 124 of Chapter 52 of the Statutes of 2022 is amended to read: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).(b) (1) The State Department of Education and the California Collaborative for Educational Excellence shall establish a process, administered by the department, to select,
shall, through a competitive grant process and subject to approval by the executive director of the State Board of Education, one or more local educational agencies select a county office of education or a consortium of county offices of education with expertise in developing and providing high-quality professional learning to teachers and paraprofessionals in public schools serving transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to conduct the activities described in paragraph (2) in a manner that aligns with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code.
Applicants may submit an application in partnership with one or more institutions of higher education or one or more nonprofit organizations. The State Department of Education shall prioritize applicants that propose to partner with applications from a county office of education or consortium of county offices of education that were part of the consortia awarded a grant as part of the Educator Workforce Investment Grant Program established pursuant to Section 84 of Chapter 51 of the Statutes of 2019.
(2) The State Department of Education and the California Collaborative for Educational Excellence shall ensure that the entities selected pursuant to paragraph (1) are able to deliver professional learning for teachers
and paraprofessionals statewide within each of the following areas:
(A) Universal design for learning to improve inclusive practices for all pupils, including pupils with disabilities, in general education settings.
(B) Implement effective language acquisition programs for English learners, which may include integrated language development within and across content areas, building and strengthening capacity to implement the English Learner Roadmap adopted by the State Board of Education in July 2017, and bilingual and biliterate proficiency.
(3) In developing the process for selecting grantees, the State Department of Education and the California Collaborative for Educational Excellence shall, to the greatest extent practicable, facilitate coordination among the grantees and the subject matter projects authorized
pursuant to Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title 3 of the Education Code.
(c) The department and the California Collaborative for Education Excellence, shall ensure that the selected grantee or grantees do all of the following:
(1) Develop, and deliver free of charge to local educational agencies statewide, professional development and professional learning opportunities that, at a minimum, are publicly available, content focused, standards and research based, incorporate active learning, support and promote collaboration, use models of effective practice, provide coaching and expert support, offer feedback and reflection, and are of sustained duration.
(2) Leverage and use expertise and resources already identified, developed, and available, including, but not
limited to, expert leads established pursuant to Section 52073.1 of the Education Code and the special education resource leads established pursuant to Section 52073.2 of the Education Code, to advance the goals of this section.
(3) Provide professional learning opportunities in a manner that is consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code.
(4) Provide ongoing coaching and training for school staff that supports the professional learning opportunities provided pursuant to this section.
(5) Design and develop professional learning opportunities to include early educators.
(6) Work within the statewide system of support to
provide professional development and professional learning opportunities.
(7) Provide ongoing training to develop mentors and coaches that support school staff in high-need settings.
(8) Review professional learning opportunities offered pursuant to this section to ensure they are high quality.
(9) In consultation with the department and the California Collaborative for Educational Excellence, evaluate the professional learning opportunities offered or funded pursuant to this section for their effectiveness. The grantee or grantees shall participate in development of the evaluation.
(10) Identify any existing gaps in capacity to deliver high-quality professional learning opportunities on a statewide basis and work with professional learning providers
selected pursuant to this section and other partners to address those gaps.
(d) The grantee or grantees shall provide program information to, and as needed by, the State Department of Education, as a condition of receiving funds pursuant to this section.
(e) By September 1 of each year, the State Department of Education and the California Collaborative for Educational Excellence shall report to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor on the process for awarding grants, the name of each grant recipient, the amount awarded to each grant recipient, the activities provided with grant funds, and, if available, the number of schools served and the number of educators served.
(f) (1) For purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, five million dollars ($5,000,000) of the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code, for the 2021–22 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, fifteen million dollars ($15,000,000) of the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of
the Education Code, for the 2020–21 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 of the Education Code, for the 2020–21 fiscal year.
SEC. 55.
Section 125 of Chapter 52 of the Statutes of 2022 is amended to read: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(b) The State Department of Education shall, through a competitive grant
process and subject to approval by the executive director of the State Board of Education, select one or more institutions of higher education or nonprofit organizations a county office of education or a consortium of county offices of education with expertise in developing and providing professional learning to teachers and paraprofessionals in public schools serving kindergarten and grades 1 to 12, inclusive, to, in partnership with a county office of education or consortium of county offices of education, to provide professional learning for teachers and paraprofessionals statewide in
strategies for providing high-quality instruction and computer science learning experiences aligned to the computer science content standards developed pursuant to Section 60605.4 of the Education Code in a manner that aligns with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. Applicants may submit an application in partnership with one or more institutions of higher education or one or more nonprofit organizations.
(c) By March 15 of each year, the State Department of Education shall report to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor on the process for awarding grants, the name of each grant recipient, the amount awarded to each grant recipient, the
activities provided with grant funds, and, if available, the number of schools and educators served.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 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 of the Education Code, for the 2020–21 fiscal year.
SEC. 56.
Section 134 of Chapter 52 of the Statutes of 2022 is amended to read: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:(1) Obtain standards-aligned professional development and acquire instructional materials, in the following subject areas:
(A) Visual and performing arts.
(B) World languages.
(C) Mathematics.
(D)Science.
(D) Science, including environmental literacy.
(E) English language arts, including early literacy.
(F) Ethnic studies.
(G) Financial literacy, including the content specified in Section 51284.5 of the Education Code.
(H) Media literacy.
(I) Computer science.
(J) History-social science.
(2) Obtain instructional materials and professional development aligned to best practices for improving school climate, including training on deescalation and restorative justice strategies, asset-based pedagogies, antibias, transformative social-emotional learning, media literacy,
digital literacy, physical education, and learning through play.
(3) Develop diverse book collections and obtain culturally relevant texts, including leveled texts, in both English and pupils’ home languages, to support pupils’ independent reading. It is the intent of the Legislature that these book collections and culturally relevant texts be used to provide support for pupils through the establishment of site-based school and classroom libraries that are culturally relevant to pupils’ home and community experiences and be available in English, pupils’ home language, or a combination of more than one language.
(4) Operational costs, including but not limited, to retirement and health care cost increases.
(5) As related to the COVID-19 pandemic, acquire personal protective equipment, masks, cleaning
supplies, COVID-19 tests, ventilation upgrades, and other similar expenditures, if they are necessary to keep pupils and staff safe from COVID-19 and schools open for in-person instruction.
(b) The Superintendent of Public Instruction shall apportion funds proportionally to county offices of education, school districts, charter schools, and the state special schools on a formula based on a per-pupil basis, the basis of an equal amount per unit of average daily attendance for kindergarten and grades 1 to 12, inclusive, as those numbers were reported at for
as of the second principal apportionment for the 2021–22 fiscal year.
The average daily attendance for each state special school shall be deemed to be 97 percent of the enrollment as reported in the California Longitudinal Pupil Achievement Data System as of the 2021–22 Fall 1 Submission.
(c) Funding appropriated pursuant to this section shall be available for encumbrance through the 2025–26 fiscal year. Local educational agencies are encouraged, but not required, to proportionally use resources received pursuant to this section for the purposes noted in paragraphs (1) to (5), inclusive, of subdivision (a) and to support arts and music education programs.
(d) For purposes of this section, standards-aligned instructional materials includes, but is not limited to, books for school and classroom libraries.
(e) The governing board or body of each
school district, county office of education, or charter school receiving funds pursuant to this section shall discuss and approve a plan for the expenditure of funds received pursuant to this section at a regularly scheduled public meeting. It is the intent of the Legislature that each school district, county office of education, or charter school expend any resources received pursuant to this section consistent with their governing board or body approved plan.
(f) The requirements of this section shall not be waived by the State Board of Education pursuant to Section 33050 of the Education Code or any other law.
(g) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), one hundred forty-nine million forty thousand dollars
($149,040,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code, for the 2022–23 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), three billion eighty-one million two hundred nineteen thousand dollars ($3,081,219,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code, for the 2021–22 fiscal year.
(3) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), three hundred thirty million six hundred twenty-six thousand dollars ($330,626,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 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 of the Education Code, for the 2020–21 fiscal year.
SEC. 57.
Section 137 of Chapter 52 of the Statutes of 2022 is amended to read: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.(b) (1) Of the amount appropriated in subdivision (a), two hundred twenty-five million ($225,000,000) shall be allocated by the Superintendent of Public Instruction to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and
develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the State Department of Education, by September 30, 2022, and via a form provided by the State Department of Education, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) Of the amount identified in paragraph (1), the department shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, such that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2021–22 school
enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2027. For purposes of allocations and apportionments under this paragraph, a locally-funded charter school shall be included with the chartering authority.
(3) On or before June 30, 2027, a recipient local educational agency shall report to the State Department of Education how it used funds awarded pursuant to this subdivision. The State Department of Education shall create a reporting template for the purposes of this requirement no later than December 31, 2022. Specifically, these reports shall include:
(A) How funds were used to employ literacy coaches and reading and literacy specialists for its
eligible schools.
(B) How funds were used to develop and implement school literacy programs.
(C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists past the award period.
(E) Other metrics as determined by the State Department of Education.
(4) On or before December 31, 2027, the Superintendent of Public Instruction shall provide a comprehensive report to the Department of Finance, State Board of Education, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to
paragraph (3).
(c) (1) Of the funds appropriated pursuant to subdivision (a), twenty-five million dollars ($25,000,000) shall be available for the Superintendent of Public Instruction, in collaboration with the Commission on Teacher Credentialing, and subject to the approval of the executive director of the State Board of Education, to select a county office of education, through a competitive process, to develop and provide training for educators to become literacy coaches and reading and literacy specialists. The Superintendent of Public Instruction shall prioritize applicants with demonstrated success in improving literacy, especially among underperforming pupil subgroups, as well as for those planning on partnering with institutions of higher education with demonstrated success in providing statewide professional development for expert literacy practice. Applicants who participate in the training established pursuant
to this subdivision may also participate in the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) The grantee selected pursuant to paragraph (1) shall consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision.
(d) For purposes of this section, the following definitions apply:
(1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 97 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2021–22 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System. The unduplicated pupil
percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(2) “Local educational agency” means a an elementary or unified
school district, county office of education, or charter school.
(3) “School” and “schoolsite” means an elementary school of a local educational agency.
(4) “School literacy program” means a program that includes all of the following:
(A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions.
(B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes.
(C) Increased
access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following:
(i) Providing bilingual reading specialists to support dual language acquisition and English language development programs.
(ii) Developing and implementing culturally responsive curriculum and instruction.
(iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the State Board of Education pursuant to Section 60207 of the Education Code and
the use of data to support effective instruction.
(v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with
in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 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 of
the Education Code, for the 2020–21 fiscal year.
SEC. 58.
Section 138 of Chapter 52 of the Statutes of 2022 is amended to read: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(b) The 2022 Antibias Education Grant Program is hereby established for purposes of preventing, addressing, and eliminating racism and bias in all California public schools, and making all public schools inclusive and supportive of all people.
(c) (1) For the 2022–23 fiscal year, the Superintendent of Public Instruction shall award a minimum of 50 grants to local educational agencies. A local educational agency shall not receive a grant under this subdivision of less than seventy-five thousand dollars ($75,000). These funds are available for expenditure or encumbrance through the 2025–26 fiscal year.
(2) The State Department of Education shall develop an application and criteria a local educational agency must meet to receive funding. A local educational agency that applies for funds shall, at a minimum, demonstrate a need for additional antibias education and training, and describe how the funds will be used.
(3) (A) A grant award under this subdivision shall be known as an Antibias Education Grant. An Antibias
Education Grant shall be used for training and resources to prevent and address bias or prejudice toward any group of people based on race, ethnicity, religion, gender, gender identity, sexual orientation, disability, immigration status, language, or any actual or perceived characteristic listed in Section 422.55 of the Penal Code. Emphasis shall be on preventing anti-Semitism and bias or prejudice toward groups, including, but not limited to, African Americans, Asian-Pacific Islanders, Latinos, and people who are lesbian, gay, bisexual, transgender, or questioning youth.
(B) Eligible activities for an Antibias Education Grant may include, but are not limited to, any of the following:
(i) Professional development on topics that address hate, bigotry, racism, or any form of bias or prejudice, including, but not limited to, classroom management techniques, self-regulation, and
strategies designed to increase teachers’ skills for managing pupils in academic and disciplinary settings.
(ii) Opportunities for teachers, administrators, pupils, other school staff, and members of the governing board or body of the local educational agency to review policies, practices, and procedures that can promote bias, such as referrals for discipline, special education, and course placement, and to update those policies, practices, and procedures to foster in pupils a sense of belonging and connection.
(iii) The development of a comprehensive diversity plan based on the identified needs of the local educational agency using its data and tied to specific outcomes, such as increasing staff diversity or more racially proportionate pupil discipline referrals.
(iv) Curriculum that is appropriate for pupils in
kindergarten or any of grades 1 to 12, inclusive, on topics that address hate, bigotry, racism, or any form of bias or prejudice.
(v) Support of pupil-initiated efforts to combat hate, bigotry, racism, or any form of bias or prejudice.
(C) Professional development and curriculum under this paragraph shall use evidence-based strategies, and may include, but are not limited to, those made available on the State Department of Education’s internet website.
(d) On or before September 1, 2023, the State Department of Education shall submit a report to the appropriate budget and policy committees of the Legislature regarding the awarding of Antibias Education Grant Program funds, including, but not limited to, the number of awards, the award recipients, the amount of each award, and how funds will be used.
(e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code, for the 2021–22 fiscal year.
SEC. 59.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. 60.
For the 2022–23 fiscal year, the sum of three million nine hundred sixty-six thousand dollars ($3,966,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for the administration of requirements set forth in Sections 8202.6 and 8320 of the Education Code. The Superintendent of Public Instruction shall encumber or expend the moneys appropriated under this section on or before June 30, 2026.SEC. 61.
(a) Of the amount appropriated in Schedule (3) of Item 5180-101-0001 of the Budget Act of 2022, two million dollars ($2,000,000) shall be available to provide a state-subsidized childcare or preschool provider operating or serving a program funded by a county, alternative payment program, or family child care home education network pursuant to Chapter 3 (commencing with Section 10225) of, Chapter 6 (commencing with Section 10235) of, Chapter 7 (commencing with Section 10240) of, Chapter 8 (commencing with Section 10250) of, or Chapter 21 (commencing with Section 10370) of, Part 1.8 of Division 9 of the Welfare and Institutions Code, and Section 11461.6 of the Welfare and Institutions Code, and Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code up to 16 paid nonoperational days for use between the effective date of this section and June 30, 2023, inclusive, if the provider is closed due to COVID-19 self-quarantine or self-isolation, when recommended by local public health department guidelines.(b) An alternative payment program, a migrant alternative payment program, a family child care home education network, and a county department administering a subsidized child care program pursuant to subdivision (a) shall track the usage of paid nonoperational days, and associated costs due to the COVID-19 pandemic emergency and short-term childcare to eligible children, pursuant to this subdivision, and report monthly on usage to the State Department of Social Services. The
use of nonoperational days and associated costs reported to the State Department of Social Services shall be used to determine reimbursements, as described in this section.
(c) The State Department of Social Services shall issue guidance to family child care home education network programs operating pursuant to Chapter 7 (commencing with Section 10240) or Chapter 8 (commencing with Section 10250) of Part 1.8 of Division 9 of the Welfare and Institutions Code. The State Department of Education shall issue guidance to family child care home education network programs operating pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, that directs family child care home education network programs to use the additional 16 nonoperational days for COVID-19 related closures not reimbursed by subdivision (a) of Section 8245.5 of the Education Code.
SEC. 62.
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.
