Bill Text: CA SB64 | 2009-2010 | Regular Session | Amended
Bill Title: Budget Act of 2009.
Spectrum: Unknown
Status: (Engrossed - Dead) 2010-01-19 - Stricken from Senate file. [SB64 Detail]
Download: California-2009-SB64-Amended.html
BILL NUMBER: SB 64 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2009
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 20, 2009
An act relating to the Budget Act of 2009.
An act to amend Sections 2550, 2558.46, 17070.766, 42238.146, 42605,
44259, 45023.1, 45023.4, 46010.2, and 52124.3 of, to amend, repeal,
and add Section 17587 of, and to add and repeal Section 52055.60 of,
the Education Code, to amend Sections 7906 and 8880.5 of
the Government Code, to amend Items 6110-488, 6440-001-0001,
6610-001-0001, and 6870-101-0001 of Section 2.00 of, and to amend
Section 12.42 of, the Budget Act of 2008 (Chapters 268 and 269 of the
Statutes of 2008), and to amend Section 42 of Chapter 12 of the
Statutes of 2009, relating to education finance, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 64, as amended, Committee on Budget and Fiscal Review. Budget
Act of 2009.
(1) Existing law requires a revenue limit to be calculated for
each county superintendent of schools, adjusted for various factors,
and reduced, as specified. Existing law reduces the revenue limit for
each county superintendent of schools for the 2008-09 fiscal year by
a deficit factor of 7.839%.
This bill would increase the deficit factor for each county
superintendent of schools for the 2008-09 fiscal year to 11.183%.
(2) The Leroy F. Greene School Facilities Act of 1998 requires the
State Allocation Board to require school districts applying for
funds under that act to deposit, into a specified account for ongoing
and major maintenance of school buildings, an amount equal to or
greater than 3% of the total general fund expenditures of the
applicant school district. Existing law, for the 2008-09 to the
2012-13 fiscal years, inclusive, reduces that deposit requirement to
an amount equal to or greater than 1% of the total general fund
expenditures of the applicant school district.
This bill would exempt a school district that maintains its
facilities in good repair, as defined, from this 1% requirement.
(3) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county and
requires the amount of the revenue limit to be adjusted for various
factors. Existing law reduces the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 7.844%
and for the 2009-10 fiscal year by a deficit factor of 13.094%.
This bill would instead reduce the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 11.187%
and for the 2009-10 fiscal year by a deficit factor of 17.048%. The
bill would set forth a mechanism by which basic aid school districts
would assume categorical funding reductions proportionate to the
revenue limit reductions implemented for nonbasic aid school
districts.
(4) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. Existing law requires the Superintendent of Public
Instruction, for the 2008-09 to 2012-13 fiscal years, inclusive, to
apportion from the amount provided in the annual Budget Act for
specified categorical education programs an amount based on the same
relative proportion that the local educational agency received in the
2008-09 fiscal year for those programs and authorizes school
districts, for those fiscal years, to use these funds, with specified
exceptions, for any educational purpose, to the extent permitted by
federal law. Existing law, for those fiscal years, deems local
educational agencies that use the authority to use these categorical
education program funds for any educational purpose to be in
compliance with the program and funding requirements of those
categorical education programs, including requirements related to
average daily attendance accounting.
This bill would base the amount to be received from certain
categorical education program budget items to be based on the same
relative proportion that the recipient received in the 2007-08 fiscal
year for those programs, instead of the 2008-09 fiscal year. The
bill would require, for the 2008-09 to 2012-13 fiscal years,
inclusive, and for certain calculations that use average daily
attendance, that the average daily attendance for specified programs
be the same amount used in those calculations for the 2007-08 fiscal
year. The bill would declare that changes to these calculations in
the California State Lottery Act, an initiative measure, further the
purposes of that act, and therefore may be made by an act enacted by
a 2/3 vote of both houses of the Legislature.
Existing law requires a school district that receives funding on
behalf of a charter school to continue to distribute those funds to
those charter schools based on the amounts distributed in the 2008-09
fiscal year and to adjust those amounts, as specified.
This bill would clarify that a school district that receives
funding on behalf of a charter school is prohibited from redirecting
that funding for another purpose, except as specified, and would
require the school district to continue to distribute those funds to
those charter schools based on the relative proportion that the
school district distributed in the 2007-08 fiscal year. The bill
would require the Superintendent to apportion from the amount
appropriated for the charter school categorical block grant in
accordance with the per pupil methodology prescribed by a specified
provision of law.
Existing law, as a condition of receiving the categorical
education program funds that may be used for any educational purpose,
requires school districts and county offices of education, at a
regularly scheduled, open, public hearing, to take testimony from the
public, discuss, and approve or disapprove the proposed use of
funding. Existing law, as a condition of transferring those funds to
their general funds, requires school districts and county offices of
education, at a regularly scheduled, open, public hearing, to take
testimony from the public, discuss, and approve or disapprove each
transfer and the proposed use of funding, and to report to the State
Department of Education, in the existing annual Standardized
Accounting System reporting process, the amounts transferred by using
the appropriate program code for which the funds were expended. The
department is required to collect and provide this information to the
appropriate legislative policy and budget committees and the
Department of Finance by February 28, 2010.
This bill would delete the meeting requirement that is a condition
of transferring categorical education program funds to the general
fund of a school district or county office of education. The bill
would add to the requirement that is a condition of the receipt of
categorical education program funds that may be used for any
educational purpose, that the governing board make explicit the
purposes for which the funds would be used. The bill would require a
local educational agency to report expenditures by using the
appropriate function codes of the Standardized Accounting System
reporting process to indicate the activities for which these funds
were expended. The bill would require the department to collect and
provide this information to the appropriate legislative policy and
budget committees and the Department of Finance by April 15, 2010,
and annually thereafter, until 2014.
(5) Existing law sets forth the minimum requirements for the
professional clear multiple or single subject teacher credential.
Among those requirements is the completion of a program of beginning
teacher induction. This requirement is contingent on the availability
of funds in the annual Budget Act to provide statewide access to
eligible beginning teachers.
This bill would remove the contingency of this requirement on the
availability of funds.
(6) Existing law requires the categorical block grant for charter
schools for the 2007-08 school year to be $500 per unit of charter
school average daily attendance, as determined at the 2nd principal
apportionment for the 2007-08 fiscal year, to be adjusted for
cost-of-living each fiscal year thereafter, and to be supplemented,
as specified, for economic impact aid-eligible pupils.
This bill would appropriate $8,267,000 from the General Fund to
the State Department of Education for the charter school categorical
block grant for the purpose of funding the economic impact aid
supplement for the 2008-09 fiscal year.
(7) The federal No Child Left Behind Act of 2001 requires a local
educational agency to identify an elementary or secondary school that
fails, for 2 consecutive years, to make adequate yearly progress, as
defined by the state, for program improvement. The act requires a
school that continues to fail to make adequate yearly progress after
being identified for program improvement to take additional
corrective action or meet specified restructuring requirements. The
Public Schools Accountability Act of 1999 requires the State
Department of Education to identify local educational agencies that
are in danger of being identified for program improvement pursuant to
the No Child Left Behind Act, and to notify those local educational
agencies, in writing, of that status. The department also is required
to provide those agencies with research-based criteria to conduct a
voluntary self-assessment.
This bill, for the 2008-09 to 2012-13 fiscal years, inclusive,
would prohibit a school, school district, county office of education,
or charter school that has been identified for program improvement
or corrective action under the federal No Child Left Behind Act of
2001 from being required to implement program requirements set forth
in the Mathematics and Reading Professional Development Program or
the Administrator Training Program. The bill would prohibit the State
Department of Education and the State Board of Education from
prohibiting these schools, school districts, county offices of
education, and charter schools from utilizing certain categorical
program flexibility provisions of law.
(8) Existing law establishes the Class Size Reduction Program
under which a participating school district or county office of
education reduces class size to 20 pupils per class in kindergarten
and grades 1 to 3, inclusive. Existing law provides that a local
educational agency is eligible to receive program funding only if it
was participating in the program as of December 10, 2008 and only for
the grade level or levels for which it had applied to receive
funding as of that date.
This bill would provide instead that, for the 2008-09, 2009-10,
2010-11 and 2011-12 fiscal years, that a local educational agency is
eligible to receive program funding for the same number of classes
for which it had applied to receive program funding as of January 1,
2009, and only for the number of classes reported on the 2008-09
operations application.
(9) Existing law establishes the Instructional Materials Funding
Realignment Program that requires the State Department of Education
to apportion funds to school districts and requires the governing
board of a school district to use that funding to ensure that each
pupil is provided with a standards-aligned textbook or basic
instructional materials by the beginning of the first school term
that commences no later than 24-months after those materials were
adopted by the State Board of Education, except as specified.
Existing law exempts, until July 1, 2010, school districts from the
24-month requirement.
This bill would provide that the State Department of Education and
the State Board of Education are prohibited from prohibiting a
school, school district, county office of education, or charter
school that has been identified for program improvement or corrective
action under the federal No Child Left Behind Act of 2001 from
implementing the exemption.
(10) The Budget Act of 2008 appropriates General Funds to the
State Department of Education for implementation of the High Priority
Schools Grant Program.
This bill would reduce that appropriation by $107,909,000.
(11) This bill would reappropriate to the State Department of
Education for the 2008-09 fiscal year prescribed amounts or the
unexpended balance of specified appropriations made in specified
prior Budget Acts to the Department of Corrections and Rehabilitation
for juvenile education.
(12) The Budget Act of 2008 appropriates from the General Fund
$2,995,520,000 for the support of the University of California,
$2,910,596,000 for the support of California State University, and
$3,649,230,000 to the Board of Governors of the California Community
Colleges.
This bill would reduce those appropriations, as specified.
(13) Existing law authorizes the governing board of a school
district to establish a district deferred maintenance fund for
specified maintenance purposes. The State Allocation Board is
required to apportion from the State School Deferred Maintenance
Fund, to school district an amount equal to $1 for each $1 of local
funds up to a specified maximum. To be eligible to receive the state
matching funds a school district is required to deposit in its
district deferred maintenance fund a specified amount. Existing law
authorizes the State Allocation Board to reserve funds in the State
School Deferred Maintenance Fund for apportionments to school
districts in instances of extreme hardship, as defined.
This bill would suspend for the 2008-09 to 2012-13 fiscal years,
inclusive, the requirement that a school district deposit the
required amount in its district deferred maintenance fund and also
suspend the board's authority to reserve funds for apportionments to
school districts in instances of extreme hardship.
(14) Existing law, for the 2008-09 and 2009-10 fiscal years,
authorizes the governing board of a school district or county office
of education to use up to 100 percent of the balances, as of June 30,
2008, of restricted accounts in its general fund or cafeteria fund
with certain exclusion, including, among others restricted reserves
committed for capital outlay, and excluding balances in specified
categorical education programs, including, among others the Targeted
Instructional Improvement Grant Program, the Instructional Materials
Program, and the California High School Exit Exam Intensive
Intervention Program. Existing law requires a governing board that
elects to use balances in restricted accounts to report to the
Superintendent regarding the programs and amounts of restricted
balances used and requires the Superintendent to report statewide
information and information for each school district and county
office of education to the Joint Legislative Budget Committee by
October 31, 2009.
This bill would exclude the use of the ending balance in the
cafeteria fund and the balances in the English Learner Acquisition
and Development Pilot Program and child development programs, but
would authorize the use of balances in the Targeted Instructional
Improvement Grant Program, the Instructional Materials Program, and
the California High School Exit Exam Intensive Intervention Program
and restricted reserves committed for capital outlay. The bill would
change the deadline of the date by which the Superintendent is
required to report to the Joint Legislative Budget Committee to April
15, 2010.
(15) This bill would declare that it is to take effect immediately
as an urgency statute.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2550 of the
Education Code is amended to read:
2550. For each fiscal year, the Superintendent of Public
Instruction shall make the following computations to
determine the amount to be allocated for direct services and other
purposes provided by county superintendents of schools:
(a) For programs operated pursuant to subdivision (a) of Section
14054, the Superintendent of Public Instruction
shall:
(1) Determine the allowances that county superintendents received
per unit of average daily attendance in the prior fiscal year. The
Superintendent of Public Instruction shall
increase each amount by a percentage equal to the inflation allowance
calculated for the current fiscal year pursuant to Section 2557.
(2) Multiply each amount determined in paragraph (1) by the actual
number of units of average daily attendance in the prior fiscal year
for programs maintained by each county superintendent. For purposes
of this paragraph, the number of units of average daily attendance
shall include only units generated by elementary districts with less
than 901 units of average daily attendance, high school districts
with less than 301 units of average daily attendance, and unified
school districts with less than 1,501 units of average daily
attendance within each county superintendent's jurisdiction.
(b) For programs operated pursuant to subdivision (b) of Section
14054, the Superintendent of Public Instruction
shall:
(1) (A) For the 1999-2000 fiscal year, determine the rate per unit
of average daily attendance calculated for each county office of
education pursuant to subdivision (b) of Section 2567 and increase
each rate by a percentage equal to the inflation allowance calculated
in Section 2557.
(B) For the 2000-01 fiscal year, determine the rate per unit of
average daily attendance calculated for each county office of
education pursuant to subdivision (b) of Section 2568 and increase
each rate by a percentage equal to the inflation allowance calculated
in Section 2557.
(C) For the 2001-02 fiscal year and each fiscal year thereafter,
determine the allowances that county superintendents received per
unit of average daily attendance in the prior fiscal year. The
Superintendent of Public Instruction shall increase each amount by a
percentage equal to the inflation allowance calculated for the
current fiscal year pursuant to Section 2557.
(2) (A) Multiply each amount determined in
paragraph (1) by the units of average daily attendance in the current
fiscal year for programs for kindergarten and grades 1 to 12,
inclusive, maintained by each county superintendent. For the purposes
of this paragraph, average daily attendance shall include only the
total units of average daily attendance credited to all elementary,
high school, and unified school districts within each county
superintendent's jurisdiction and to the county superintendent.
(B) For purposes of this paragraph, in each of the 2008-09,
2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, the units of
average daily attendance in each of those fiscal years for programs
for kindergarten and grades 1 to 12, inclusive, maintained by each
county superintendent shall include the same amount of average daily
attendance for classes for adults and regional occupational centers
and programs used in the calculation pursuant to this subdivision for
the 2007-08 fiscal year.
SEC. 2. Section 2558.46 of the
Education Code is amended to read:
2558.46. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced by a 1.195 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced further by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced further by a 0.898 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 7.839 11.183 percent
deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 13.360 percent deficit factor.
(b) In computing the revenue limit for each county superintendent
of schools for the 2006-07 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2003-04,
2004-05, and 2005-06 fiscal years without being reduced by the
deficit factors specified in subdivision (a).
(c) In computing the revenue limit for each county superintendent
of schools for the 2010-11 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2009-10
fiscal year without being reduced by the deficit factors specified in
subdivision (a).
SEC. 3. Section 17070.766 of the
Education Code is amended to read:
17070.766. Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, the board shall require a school district to
deposit into the account established pursuant to paragraph (1) of
subdivision (b) of Section 17070.75 only an amount equal to 1 percent
of the total expenditures by a district from its general fund in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years
respectively , but if the school district maintains its
facilities in good repair, as defined in Section 17002, it shall be
exempt from this 1 percent requirement . A school district may
elect to deposit into the account an amount that is greater than the
amount required by the board pursuant to this section.
SEC. 4. Section 17587 of the Education
Code is amended to read:
17587. (a) Notwithstanding the limitations of Section 17584, the
State Allocation Board may each year reserve an amount not to exceed
10 percent of the funds transferred from any source to the State
School Deferred Maintenance Fund for apportionments to school
districts, in instances of extreme hardship. The apportionment shall
be in addition to the apportionments made pursuant to Section 17584.
Not less than one-half of all funds made available by this section
shall be apportioned to school districts that had an average daily
attendance, excluding summer session attendance, of less than 2,501
during the prior fiscal year.
An extreme hardship shall exist in a school district when the
State Allocation Board determines the existence of all of the
following:
(1) That the district has deposited in its deferred maintenance
fund an amount equal to at least 0.5 percent of the total general
funds and adult education funds budgeted by the district for the
fiscal year, exclusive of any amounts budgeted for capital outlay or
debt service.
(2) That the district has a critical project on its five-year plan
which if not completed in one year could result in serious damage to
the remainder of the facility or would result in a serious hazard to
the health and safety of the pupils attending the facility.
(3) That the total funds deposited by the district and the state
pursuant to Section 17584 are insufficient to complete the project.
(b) As a result of the determination made in subdivision (a), the
17587. (a) The State
Allocation Board may increase the apportionment to a school district
by the amount it determines necessary to complete the critical
project on its five-year plan which, if not completed in one
year, could result in serious damage to the remainder of the facility
or would result in a serious hazard to the health and safety of the
pupils attending the facility .
(c)
(b) Notwithstanding subdivision (a), in any fiscal year
in which the State Allocation Board has apportioned all funding from
the State School Deferred Maintenance Fund for which school
districts have qualified under Section 17584, the board may apportion
any amount remaining in that fund for the purposes of this section.
(c) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 17587 is added to the
Education Code , to read:
17587. (a) Notwithstanding the limitations of Section 17584, the
State Allocation Board may each year reserve an amount not to exceed
10 percent of the funds transferred from any source to the State
School Deferred Maintenance Fund for apportionments to school
districts, in instances of extreme hardship. The apportionment shall
be in addition to the apportionments made pursuant to Section 17584.
Not less than one-half of all funds made available by this section
shall be apportioned to school districts that had an average daily
attendance, excluding summer session attendance, of less than 2,501
during the prior fiscal year.
An extreme hardship shall exist in a school district when the
State Allocation Board determines the existence of all of the
following:
(1) That the district has deposited in its deferred maintenance
fund an amount equal to at least 0.5 percent of the total general
funds and adult education funds budgeted by the district for the
fiscal year, exclusive of any amounts budgeted for capital outlay or
debt service.
(2) That the district has a critical project on its five-year plan
which, if not completed in one year, could result in serious damage
to the remainder of the facility or would result in a serious hazard
to the health and safety of the pupils attending the facility.
(3) That the total funds deposited by the district and the state
pursuant to Section 17584 are insufficient to complete the project.
(b) If a determination is made that a hardship exists pursuant to
subdivision (a), the State Allocation Board may increase the
apportionment to a school district by the amount it determines
necessary to complete the critical project.
(c) Notwithstanding subdivision (a), in any fiscal year in which
the State Allocation Board has apportioned all funding from the State
School Deferred Maintenance Fund for which school districts have
qualified under Section 17584, the board may apportion any amount
remaining in that fund for the purposes of this section.
(d) This section shall become operative on July 1, 2013.
SEC. 6. Section 42238.146 of the
Education Code is amended to read:
42238.146. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each school district determined pursuant to this article shall
be reduced by a 1.198 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each school district determined pursuant to this article shall be
further reduced by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.892 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
7.844 11.187 percent deficit factor.
(6) For the 2009-10 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
13.094 percent deficit factor.
(b) In computing the revenue limit for each school district for
the 2006-07 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2003-04, 2004-05, and 2005-06 fiscal
years without being reduced by the deficit factors specified in
subdivision (a).
(c) In computing the revenue limit for each school district for
the 2010-11 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2009-10 fiscal year without being reduced
by the deficit factors specified in subdivision (a).
SEC. 7. Section 42605 of the Education
Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, school districts,
charter schools, and county offices of education
recipients of funds from the items listed in paragraph (2) may
use funding received, pursuant to subdivision (b), from any of these
items listed in paragraph (2) that are contained in an annual Budget
Act, for any educational purpose:
(2) 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001,
6110-123-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001.
(b) (1) For the 2009-10 fiscal year to the
2012-13 fiscal year, inclusive, the Superintendent or other
administering state agency, as appropriate, shall apportion
from the amounts provided in the annual Budget Act for the items
enumerated in paragraph (2) of subdivision (a), an amount to
a school district, charter school, and county office of education
recipients based on the same relative proportion
that the local education agency recipient
received in the 2008-09 fiscal year for the programs funded
through the items enumerated in paragraph (2) of subdivision (a).
A
(2) This section and Section 42 of
Chapter 12 of the Statutes of 2009 do not authorize a school district
that receives funding on behalf of a charter school pursuant to
Sections 47634.1 and 47651 to redirect this funding for another
purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
Notwithstanding paragraph (1), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, a school district that
receives funding on behalf of a charter school pursuant to Sections
47634.1 and 47651 shall continue to distribute the funds to those
charter schools based on the amounts relative
proportion that the school district distributed in the
2008-09 2007- 08 fiscal
year, and shall adjust those amounts as specified in this
section to reflect changes in charter school
attendance in the district . The amounts allocated shall be
adjusted for any greater or lesser amount appropriated for the items
enumerated in paragraph (2) of subdivision (a). For a charter
school that began operation in the 2008-09 fiscal year, if a school
district received funding on behalf of that charter school pursuant
to Sections 47634.1 and 47651, the school district shall continue to
distribute the funds to that charter school based on the relative
proportion that the school district distributed in the 2008-09 fiscal
year and shall adjust the amount of those funds to reflect changes
in charter school attendance in the district. The amounts allocated
shall be adjusted for any greater or lesser amount appropriated for
the items enumerated in paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001 of the
annual Budget Act, an amount to a charter school in accordance with
the per pupil methodology prescribed in subdivision (c) of Section
47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act, an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
education agency received in the 2007-08 fiscal year for the programs
funded through the following items contained in the annual Budget
Act: 6110-104-0001, 6110-105-0001, 6110-156-0001, 6110-190-0001,
schedule (3) of 6110-193-0001, 6110-198-0001, 6110-232-0001, and
schedule (2) of 6110-240-0001.
(5) Notwithstanding paragraphs (1) and (4), for the 2008-09 fiscal
year to the 2012-13 fiscal years, inclusive, if a charter school
began operation in the 2008-09 fiscal year and received direct
funding for the items enumerated in paragraph (4), the Superintendent
shall apportion an amount to that charter school based on the same
relative proportion that the charter school received in the 2008-09
fiscal year.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds , the governing
board of the school district or board of the county office of
education, as appropriate, at a regularly scheduled open public
hearing shall take testimony from the public, discuss, and
approve or disapprove the proposed use of funding ,
and make explicit for each of the budget items in paragraph (2) of
subdivision (a) the purposes for which the funds will be used .
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15, 2014.
(d) For the 2008-09 fiscal year to the 2012-13 fiscal year,
inclusive, local education agencies that use the flexibility
provision of the section shall be deemed to be in compliance with the
program and funding requirements contained in statutory, regulatory,
and provisional language, associated with the items enumerated in
subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001, the amount
authorized for flexibility shall exclude the funding provided for
instruction of CalWORKs eligible students pursuant to schedules (2)
and (3), and provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local education
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119, and that all pupils
within the local education agency who are enrolled in the same course
shall have identical textbooks and instructional materials , as
specified in Section 1240.3 .
(3) For Item 6110-195-0001, the item shall exclude monies that are
required to fund awards for teachers that have previously met the
requirements necessary to obtain these awards, until the award is
paid in full.
(4) As a condition of exercising the authority conferred on local
educational agencies to transfer funds to their general funds
pursuant to subdivision (a), both of the following requirements shall
be met:
(A) The governing board of the school district, or the county
board of education, as appropriate, at a regularly scheduled open
public hearing, shall take testimony from the public, discuss, and
approve each transfer and the proposed use of funding.
(B) In the existing Standardized Account Code Structure (SACS)
reporting process, a local educational agency shall report the
amounts transferred pursuant to this section by using the appropriate
program code for which these funds were expended. The State
Department of Education shall collect and provide this information to
the Department of Finance and to the appropriate policy and budget
committees of the Legislature by February 28, 2010.
(5)
(4) For Item 6110-266-0001, a county office of
education shall conduct at least one site visit to each of the
required schoolsites pursuant to Section 1240 and shall fulfill
all of the duties set forth in Sections 1240 and 44258.9 .
(5) For Item 6110-198-0001, a school
district or county office of education that operates the child care
component of the Cal-SAFE program shall comply with paragraphs (5)
and (6) of subdivision (c) of Section 54746.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.
SEC. 8. Section 44259 of the Education
Code is amended to read:
44259. (a) Except as provided in subparagraphs (A) and (C) of
paragraph (3) of subdivision (b), each program of professional
preparation for multiple or single subject teaching credentials shall
not include more than one year of, or the equivalent of one-fifth of
a five-year program in, professional preparation.
(b) The minimum requirements for the preliminary multiple or
single subject teaching credential are all of the following:
(1) A baccalaureate degree or higher degree from a regionally
accredited institution of postsecondary education. Except as provided
in subdivision (c) of Section 44227, the baccalaureate degree shall
not be in professional education. The commission shall encourage
accredited institutions to offer undergraduate minors in education
and special education to students who intend to become teachers.
(2) Passage of the state basic skills examination that is
developed and administered by the commission pursuant to Section
44252.5.
(3) Satisfactory completion of a program of professional
preparation that has been accredited by the committee on
accreditation on the basis of standards of program quality and
effectiveness that have been adopted by the commission. In accordance
with the commission's assessment and performance standards, each
program shall include a teaching performance assessment as set forth
in Section 44320.2 which is aligned with the California Standards for
the Teaching Profession. The commission shall ensure that each
candidate recommended for a credential or certificate has
demonstrated satisfactory ability to assist pupils to meet or exceed
state content and performance standards for pupils adopted pursuant
to subdivision (a) of Section 60605. Programs that meet this
requirement for professional preparation shall include any of the
following:
(A) Integrated programs of subject matter preparation and
professional preparation pursuant to subdivision (a) of Section
44259.1.
(B) Postbaccalaureate programs of professional preparation,
pursuant to subdivision (b) of Section 44259.1.
(C) Internship programs of professional preparation, pursuant to
Section 44321, Article 7.5 (commencing with Section 44325), Article
11 (commencing with Section 44380), and Article 3 (commencing with
Section 44450) of Chapter 3.
(4) Study of alternative methods of developing English language
skills, including the study of reading as described in subparagraphs
(A) and (B), among all pupils, including those for whom English is a
second language, in accordance with the commission's standards of
program quality and effectiveness. The study of reading shall meet
the following requirements:
(A) Commencing January 1, 1997, satisfactory completion of
comprehensive reading instruction that is research-based and includes
all of the following:
(i) The study of organized, systematic, explicit skills including
phonemic awareness, direct, systematic, explicit phonics, and
decoding skills.
(ii) A strong literature, language, and comprehension component
with a balance of oral and written language.
(iii) Ongoing diagnostic techniques that inform teaching and
assessment.
(iv) Early intervention techniques.
(v) Guided practice in a clinical setting.
(B) For the purposes of this section, "direct, systematic,
explicit phonics" means phonemic awareness, spelling patterns, the
direct instruction of sound/symbol codes and practice in connected
text and the relationship of direct, systematic, explicit phonics to
the components set forth in clauses (i) to (v), inclusive.
A program for the multiple subjects credential also shall include
the study of integrated methods of teaching language arts.
(5) Completion of a subject matter program that has been approved
by the commission on the basis of standards of program quality and
effectiveness pursuant to Article 6 (commencing with Section 44310)
or passage of a subject matter examination pursuant to Article 5
(commencing with Section 44280). The commission shall ensure that
subject matter standards and examinations are aligned with the state
content and performance standards for pupils adopted pursuant to
subdivision (a) of Section 60605.
(6) Demonstration of a knowledge of the principles and provisions
of the Constitution of the United States pursuant to Section 44335.
(7) Commencing January 1, 2000, demonstration, in accordance with
the commission's standards of program quality and effectiveness, of
basic competency in the use of computers in the classroom as
determined by one of the following:
(A) Successful completion of a commission-approved program or
course.
(B) Successful passage of an assessment that is developed,
approved, and administered by the commission.
(c) The minimum requirements for the professional clear multiple
or single subject teaching credential shall include all of the
following requirements:
(1) Possession of a valid preliminary teaching credential, as
prescribed in subdivision (b), possession of a valid equivalent
credential or certificate, or completion of equivalent requirements
as determined by the commission.
(2) Subject to the availability of funds in the annual
Budget Act to provide statewide access to eligible beginning
teachers, as defined in subdivision (d) of Section 44279.1 and except
Except as provided in paragraph (3),
completion of a program of beginning teacher induction, including
one of the following:
(A) A program of beginning teacher support and assessment approved
by the commission and the Superintendent pursuant to Section
44279.1, a provision of the Marian Bergeson Beginning Teacher Support
and Assessment System.
(B) An alternative program of beginning teacher induction that is
provided by one or more local educational agencies and has been
approved by the commission and the Superintendent on the basis of
initial review and periodic evaluations of the program in relation to
appropriate standards of credential program quality and
effectiveness that have been adopted by the commission, the
Superintendent, and the state board pursuant to this subdivision. The
standards for alternative programs shall encourage innovation and
experimentation in the continuous preparation and induction of
beginning teachers. Any alternative program of beginning teacher
induction that has met state standards pursuant to this subdivision
may apply for state funding pursuant to Sections 44279.1 and 44279.2.
(C) An alternative program of beginning teacher induction that is
sponsored by a regionally accredited college or university, in
cooperation with one or more local school districts, that addresses
the individual professional needs of beginning teachers and meets the
commission's standards of induction. The commission shall ensure
that preparation and induction programs that qualify candidates for
professional credentials extend and refine each beginning teacher's
professional skills in relation to the California Standards for the
Teaching Profession and the standards of pupil performance adopted
pursuant to Section 60605.
(3) (A) If a candidate satisfies the requirements of subdivision
(b), including completion of an accredited internship program of
professional preparation, and if that internship program fulfills
induction standards and is approved as set forth in this subdivision,
the commission shall determine that the candidate has fulfilled the
requirements of paragraph (2).
(B) If an approved induction program is verified as unavailable to
a beginning teacher, or if the beginning teacher is required under
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) to complete subject matter coursework to be qualified for a
teaching assignment, the commission shall accept completion of an
approved fifth-year program after completion of a baccalaureate
degree at a regionally accredited institution as fulfilling the
requirements of paragraph (2). The commission shall adopt regulations
to implement this subparagraph.
(4) Experience that includes the application of knowledge and
skills previously acquired in a preliminary credential program, in
accordance with commission standards, that addresses the following:
(A) Health education, including study of nutrition,
cardiopulmonary resuscitation, and the physiological and sociological
effects of abuse of alcohol, narcotics, and drugs and the use of
tobacco. Training in cardiopulmonary resuscitation shall also meet
the standards established by the American Heart Association or the
American Red Cross.
(B) Field experience in methods of delivering appropriate
educational services to pupils with exceptional needs in regular
education programs.
(C) Advanced computer-based technology, including the uses of
technology in educational settings.
(d) The commission shall develop and implement standards of
program quality and effectiveness that provide for the areas of
application listed in subparagraphs (A) to (C), inclusive, of
paragraph (4) of subdivision (c), starting in professional
preparation and continuing through induction.
(e) A credential that was issued prior to January 1, 1993, shall
remain in force as long as it is valid under the laws and regulations
that were in effect on the date it was issued. The commission may
not, by regulation, invalidate an otherwise valid credential, unless
it issues to the holder of the credential, in substitution, a new
credential authorized by another provision in this chapter that is no
more restrictive than the credential for which it was substituted
with respect to the kind of service authorized and the grades,
classes, or types of schools in which it authorizes service.
(f) A credential program that is approved by the commission may
not deny an individual access to that program solely on the grounds
that the individual obtained a teaching credential through completion
of an internship program when that internship program has been
accredited by the commission.
(g) Notwithstanding this section, persons who were performing
teaching services as of January 1, 1999, pursuant to the language of
this section that was in effect prior to that date, may continue to
perform those services without complying with any requirements that
may be added by the amendments adding this subdivision.
(h) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b)
do not apply to any person who, as of January 1, 1997, holds a
multiple or single subject teaching credential, or to any person
enrolled in a program of professional preparation for a multiple or
single subject teaching credential as of January 1, 1997, who
subsequently completes that program. It is the intent of the
Legislature that the requirements of subparagraphs (A) and (B) of
paragraph (4) of subdivision (b) be applied only to persons who enter
a program of professional preparation on or after January 1, 1997.
SEC. 9. Section 45023.1 of the
Education Code is amended to read:
45023.1. (a) Commencing with the 2000-01 fiscal year, the
governing board of a school district, the county superintendent of
schools, or the county board of education may increase, for teachers
meeting the requirements prescribed by this section, the salary on
its adopted certificated employee salary schedule as provided in
subdivision (b). For purposes of this section, any
a teacher for whom the governing board, county
superintendent of schools, or county board of education may increase
salaries shall meet all of the following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern certificate or credential, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid through the general fund of the district
or county office.
(b) The governing board, county superintendent of schools, or
county board of education that increases its salaries pursuant to
subdivision (a) shall perform the following computations:
(1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting the criteria in
subdivision (a) an amount that is at least an annual salary of
thirty-four thousand dollars ($34,000) in the 2000-01 fiscal year.
(2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule for
the 1999-2000 fiscal year was less than the amount computed in
paragraph (1) and, notwithstanding Section 45028, shall incorporate
that increase into the salary schedule commencing with the 2000-01
fiscal year.
(c) Each school district or county office of education that
increases its beginning teacher annual minimum salary to thirty-four
thousand dollars ($34,000) pursuant to subdivision (b) shall elect,
except as provided in subdivision (j), to receive reimbursement for
the cost of the increase pursuant to only one of the following two
options:
(1) Option One:
(A) In fiscal year 2000-01, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option One shall receive an amount equal to six
dollars ($6) times the district's or county office's second
principal apportionment average daily attendance for the 1999-2000
fiscal year, excluding attendance in adult education programs and
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(B) Divide the amount received from the state pursuant to
subparagraph (A) for the 2000-01 fiscal year by the school district
or county office of education second principal apportionment average
daily attendance for the 1999-2000 fiscal year, excluding attendance
in adult education programs and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8.
(C) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent of Public Instruction
shall sum the results of paragraphs (i) and (ii) and add
that figure to the total school district revenue limit computed
pursuant to Section 42238:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(D) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent of Public Instruction
shall add the sum of paragraphs (i) and (ii) to the county
office of education revenue limit computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(E) The school district, county superintendent of schools, or
county office of education shall utilize these incentive funds not
only to meet the new beginning teacher annual minimum salary of
thirty-four thousand dollars ($34,000), but may also use the funds to
generally enhance teachers' salaries in order to achieve the goals
of retention of qualified, competent, and experienced teachers and
the attainment of a reasonable salary commensurate with a teacher's
experience, education, and responsibilities.
(2) Option Two: A school district, county superintendent of
schools, or county office of education may submit a request to the
Superintendent of Public Instruction , on a form
supplied by the Superintendent of Public Instruction
, for state funding computed as follows:
(A) Total the salaries of all certificated employees receiving
increased salaries up to a maximum of thirty-four thousand dollars
($34,000) per person pursuant to subdivision (b) for the 2000-01
fiscal year.
(B) Total all salaries, based on the salary schedule for the
2000-01 fiscal year before the increase made pursuant to subdivision
(b), of all certificated employees receiving increased salaries
pursuant to subdivision (b).
(C) Subtract the amount in subparagraph (B) from the amount in
subparagraph (A).
(D) Multiply the amount in subparagraph (C) by the district's
statutory benefit rates.
(E) For the 2000-01 fiscal year, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option Two shall receive the sum of paragraphs
(C) and (D).
(F) Divide the sum of the amounts received pursuant to paragraphs
(C) and (D) for the 2000-01 fiscal year by the school district and
county office of education average daily attendance for the second
principal apportionment for the 2000-01 fiscal year, excluding
attendance in adult education programs and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
(G) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent of Public Instruction
shall sum the results of paragraphs (i) and (ii) and add
that figure to the total school district revenue limit computed
pursuant to Section 42238:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(H) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent of Public Instruction
shall add the sum of paragraphs (i) and (ii) to the county
office of education revenue limit computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year excluding attendance in regional occupational
centers/programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year in regional occupational centers/programs excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8.
(3) For purposes of the calculation required by clause (ii) of
subparagraph (C) of paragraph (1), clause (ii) of subparagraph (D) of
paragraph (1), clause (ii) of subparagraph (G) of paragraph (2), and
clause (ii) of subparagraph (H) of paragraph (2), in the 2008-09,
2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, a school
district's and county office of education's second principal
apportionment average daily attendance for the current fiscal year
shall be the second principal apportionment average daily attendance
for the 2007-08 fiscal year.
(d) Any state State funds received
pursuant to this section and not used pursuant to the conditions of
this section shall be returned to the state.
(e) If the funds requested by the school districts, the county
superintendents of schools, and the county offices of education for
the 2000-01 fiscal year exceed the state appropriation for this
section, the Superintendent of Public Instruction
shall reduce all requests by the application of a single, common
percentage factor for apportionment purposes, so as not to exceed the
amount appropriated for this purpose.
(f) A school district or county office of education shall receive
reimbursement pursuant to subdivision (c) only. However, this section
does not prohibit a school district and its employees from
negotiating salary schedules.
(g) The adjustments to school district and county office of
education revenue limits prescribed in subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall continue so
long as the increase in the salary schedule made pursuant to
paragraph (2) of subdivision (b) or subdivision (i) is maintained.
(h) The Superintendent of Public Instruction
shall issue appropriate forms to school districts and county offices
of education no later than September 1, 2000. School districts,
county superintendents of schools, or county offices of education
shall notify the Superintendent of Public Instruction
no later than September 30, 2001, regarding which option
they wish to exercise for the 2000-01 fiscal year. School districts,
county superintendents of schools, or county offices of education
shall file their claim form for state funds with the Superintendent
of Public Instruction no later than September 30,
2001.
(i) Adjustments made to school district or county office of
education revenue limits pursuant to subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments or determining other
wealth-related differences in school funding.
(j) Notwithstanding subdivision (c), a school district or county
office of education that already has as the annual minimum salary for
beginning teachers who meet the criteria in subdivision (a) in an
amount equal to or greater than thirty-four thousand dollars
($34,000) shall be eligible to receive reimbursement pursuant to
Option One.
SEC. 10. Section 45023.4 of the
Education Code is amended to read:
45023.4. (a) This section shall be known, and may be cited, as
the Jack O'Connell Beginning-Teacher Salary Incentive Program.
Commencing in the 1999-2000 fiscal year the governing board of a
school district, the county superintendent of schools, or the county
board of education may increase, for teachers who meet the
requirements of this subdivision, the salary on its adopted
certificated employee salary schedule as provided in subdivision (b).
Any A school district that elects to
meet the requirements of this section shall be eligible to receive
the incentive amount provided by subdivision (c). For purposes of
this section, any a teacher for whom
the governing board, county superintendent of schools, or county
board of education may increase salaries shall meet all of the
following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid from the general fund of the district or
county office.
(b) The governing board, county superintendent of schools, or
county board of education that elects to increase teachers' salaries
as authorized pursuant to subdivision (a) shall perform the following
computations:
(1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting or exceeding the
criteria in subdivision (a) an amount equal to a minimum annual
salary of thirty-two thousand dollars ($32,000). If this salary
change results in costs to the school district or county office of
education that are equal to or greater than the incentive received
pursuant to subdivision (c), the minimum salary shall be thirty-two
thousand dollars ($32,000). If this salary change results in costs to
the school districts or county offices of education that are less
than the incentive received, the remainder shall be used to increase
the beginning salary by an amount above thirty-two thousand dollars
($32,000) which fully applies the incentive received.
(2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any a
certificated employee meeting the criteria in subdivision (a) whose
salary on the salary schedule is less than the amount computed in
paragraph (1) and, notwithstanding Section 45028, shall incorporate
that increase into the salary schedule.
(3) The newly adopted salary schedule shall contain only one cell
that meets the amount set forth in paragraph (1), which most often is
the first-year step of a salary schedule column for certificated
personnel who meet the criteria set forth in subdivision (a). All
other salary schedule cells shall exceed the level set forth in
paragraph (1) for personnel that meet the criteria in subdivision
(a).
(c) In the 1999-2000 fiscal year, the Superintendent of
Public Instruction shall divide the amount appropriated for
the purposes of this section by the 1998-99 second principal
apportionment average daily attendance for all school districts and
county offices of education in the state. Each school district and
county office of education that certifies to the Superintendent
of Public Instruction that it is in full
compliance with this section shall receive following that
certification an amount equal to the results of the calculation
multiplied by the participating school district's or county office's
1998-99 second principal apportionment average daily attendance.
(d) For the 2000-01 fiscal year and each fiscal year thereafter,
for each school district that meets the requirements of subdivision
(b), the Superintendent of Public Instruction
shall sum the results of paragraphs (1) and (2) and add that figure
to the total school district revenue limit computed pursuant to
Section 42238.
(1) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase computed pursuant to subdivision (b) of
Section 42238.1 and multiply the resulting product by the school
district's second period average daily attendance for the prior
fiscal year excluding attendance
in regional occupational centers and programs, adult education
programs, and charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8.
(2) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase computed pursuant to subdivision (b) of
Section 42238.1 and multiply the resulting product by the school
district's second period average daily attendance for the prior
fiscal year in regional occupational centers and programs, excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8.
(3) For purposes of the calculation required by paragraph (2), in
the 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, the
second period average daily attendance for the prior fiscal year
shall be the second period average daily attendance for the 2007-08
fiscal year.
(e) For the 2000-01 fiscal year and each fiscal year thereafter,
for each county office of education that meets the requirements of
subdivision (b), the Superintendent of Public Instruction
shall add the sum of paragraphs (1) and (2) to the county
office of education revenue limit computed pursuant to Section 2550.
(1) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year
excluding attendance in regional occupational centers or programs,
adult education programs, and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8.
(2) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year in
regional occupational centers or programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8.
(3) For purposes of the calculation required by paragraph (2), in
the 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, the
second period average daily attendance for the prior fiscal year
shall be the second period average daily attendance for the 2007-08
fiscal year.
(f) The adjustment to the school district and county office of
education revenue limit prescribed in subdivisions (d) and (e) shall
continue so long as the increase in the salary schedule made pursuant
to paragraph (2) of subdivision (b) is maintained.
(g) The adjustment made to school district or county office of
education revenue limits pursuant to subdivisions (d) and (e) shall
not be considered part of the base revenue limit for purposes of
computing equalization adjustments or determining other differences
in school funding that are based on the amount of funding received by
a school district or county office of education.
(h) This section does not prohibit a school district and its
employees from negotiating salary schedules.
SEC. 11. Section 46010.2 of the
Education Code is amended to read:
46010.2. (a) For the purpose of determining
"changes in enrollment" pursuant to subdivision (b) of Section 8 of
Article XVI of the California Constitution, as required by
subdivision (d) of Section 41204, the total days of attendance by
pupils in schools and classes maintained by a school district shall,
in the 1997-98 fiscal year, be separately determined both as if
subdivision (b) of Section 46010, as it read in the 1997-98 fiscal
year, did and did not apply. The days of attendance figure resulting
from the application of subdivision (b) of Section 46010 shall be
used in calculating average daily attendance for comparison with
average daily attendance in the 1996-97 fiscal year. The days of
attendance figure determined without applying subdivision (b) of
Section 46010 shall be used in calculating average daily attendance
for comparison with average daily attendance in the 1998-99 fiscal
year.
(b) For the purpose of determining "changes in enrollment" for the
2008-09 fiscal year pursuant to subdivision (b) of Section 8 of
Article XVI of the California Constitution, as required by
subdivision (d) of Section 41204, the total days of attendance by
pupils in schools and classes maintained by a school district, in the
2007-08 fiscal year, shall be separately determined both as if the
California School Age Families Education Program (Cal-SAFE), as set
forth in Article 7.1 (commencing with Section 54740) of Chapter 9 of
Part 29, as it read on January 1, 2008, did and did not apply. The
days of attendance figure resulting from the application of the
Cal-SAFE program shall be used in calculating average daily
attendance for comparison with average daily attendance in the
2006-07 fiscal year. The days of attendance figure determined without
applying the Cal-SAFE program shall be used in calculating average
daily attendance for comparison with average daily attendance in the
2008-09 fiscal year.
SEC. 12. Section 52055.60 is added to the
Education Code , to read:
52055.60. (a) Notwithstanding any other law, for the 2008-09 to
the 2012-13 fiscal years, inclusive, a school, school district,
county office of education, or charter school that has been
identified for program improvement under the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301), or a school district or
county office of education that has received a federal corrective
action sanction by the state board pursuant to subdivision (b) of
Section 52055.57, shall not be required to implement with funds
allocated pursuant to Section 42605 the program requirements set
forth in the Mathematics and Reading Professional Development Program
(Article 3 (commencing with Section 99230) of Chapter 5 of Part 65
of Division 14 of Title 3) or the Administrator Training Program
(Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25
of Division 3).
(b) Notwithstanding any other law, for the 2008-09 to the 2012-13
fiscal years, inclusive, the department and the state board shall not
prohibit a school, school district, county office of education, or
charter school identified for program improvement pursuant to the
federal No Child Left Behind Act of 2001 or a school district or
county office of education that has received a federal corrective
action sanction by the state board pursuant to subdivision (b) of
Section 52055.57, from utilizing the flexibility provisions
established in Section 42605.
(c) This section does not prohibit a school, county office of
education, or charter school that has been identified for program
improvement pursuant to the federal No Child Left Behind Act of 2001,
or a school district or county office of education sanctioned
pursuant to subdivision (c) of Section 52055.57, from implementing
professional development activities for administrators, teachers, and
school employees to fulfill the sanction imposed pursuant to
paragraph (6) of subdivision (c) of Section 52055.57.
(d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 13. Section 52124.3 of the
Education Code is amended to read:
52124.3. (a) For the 2008-09, 2009-10, 2010-11, and 2011-12
fiscal years only, the amounts deducted pursuant to subdivision (d)
of Section 52124 shall be as follows:
(1) Five percent of the amount to which the school district would
otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is
greater than or equal to 20.5 but less than 21.5.
(2) Ten percent of the amount to which the school district would
otherwise be eligible for each class for which the annual average
enrollment determined pursuant to Section 52124.5 is greater than or
equal to 21.5 but less than 22.5.
(3) Fifteen percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 22.5 but less than 23.0.
(4) Twenty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 23.0 but less than 25.0.
(5) Thirty percent of the amount to which the school district
would otherwise be eligible for each class for which the annual
average enrollment determined pursuant to Section 52124.5 is greater
than or equal to 25.0.
(b) A For the 2008-09, 2009-10, 2010-11,
and 2011-12 fiscal years, a local educational agency is
eligible to receive funding pursuant to this section
chapter only if it was participating in
the K-3 Class Size Reduction Program as of December 10, 2008. An
eligible local educational agency may only receive funding for the
grade level or levels for which it had applied to receive funding as
of December 10, 2008 for the same number of classes
for which it had applied to receive program funding as of January 31,
2009. A local educational agency that meets these criteria is
eligible for reduced funding under this section only for the number
of classes reported on its 2008-09 operations application and is not
eligible for funds under this chapter for classes in addition to that
number .
SEC. 14. Section 7906 of the Government
Code is amended to read:
7906. For school districts:
(a) "ADA" means a school district's second principal apportionment
units of average daily attendance as determined pursuant to Section
42238.5 of the Education Code, including average daily attendance in
summer school, regional occupational centers and programs, and
apprenticeship programs, and excluding average daily attendance in
adult education programs. All other units of average daily attendance
including, but not limited to, special day classes for special
education pupils, shall be included.
(1) For purposes of this subdivision, the average daily attendance
of summer school programs shall be determined pursuant to
subparagraph (F) of paragraph (1) of subdivision (a) of Section
14022.5 of the Education Code.
(2) For purposes of this subdivision, the average daily attendance
of apprenticeship programs shall be determined pursuant to
subparagraph (D) of paragraph (1) of subdivision (a) of Section
14022.5 of the Education Code.
(3) For the 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal
years, the average daily attendance of public school districts,
including county superintendents of schools, serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, shall include the
same amount of average daily attendance for classes for supplemental
instruction and regional occupational centers programs that was used
for the purposes of this section for the 2007-08 fiscal year.
(b) "Foundation program level" means:
(1) For the 1978-79 fiscal year, one thousand two hundred
forty-one dollars ($1,241) for elementary districts, one thousand
three hundred twenty-two dollars ($1,322) for unified districts, and
one thousand four hundred twenty-seven dollars ($1,427) for high
school districts.
(2) For the 1979-80 fiscal year through the 1986-87 fiscal year,
inclusive, the levels specified in paragraph (1) increased by the
lesser of the change in cost of living or California per capita
personal income for the preceding calendar year.
(3) For the 1986-87 fiscal year, the levels specified in paragraph
(2) increased by one hundred eighty dollars ($180) for elementary
districts, one hundred ninety-one dollars ($191) for unified
districts, and two hundred seven dollars ($207) for high school
districts.
(4) For the 1987-88 fiscal year, the levels specified in paragraph
(3) increased by the lesser of the change in cost of living or
California per capita personal income for the preceding calendar
year.
(5) For the 1988-89 fiscal year and each fiscal year thereafter,
the foundation program level shall be the appropriations limit of the
school district for the current fiscal year, plus amounts paid for
any nonreimbursed court or federal mandates imposed on or after
November 6, 1979, less the sum of the following:
(A) Interest earned on the proceeds of taxes during the current
fiscal year.
(B) The 50 percent of miscellaneous funds received during the
current fiscal year which are from the proceeds of taxes.
(C) Locally voted taxes received during the current fiscal year,
such as parcel taxes or square foot taxes, unless for voter-approved
bonded debt.
(D) Any other local proceeds of taxes received during the current
fiscal year, other than local taxes which count towards the revenue
limit, such as excess bond revenues transferred to a district's
general fund pursuant to Section 15234 of the Education Code.
(c) "Proceeds of taxes" shall be deemed to include subventions
received from the state only if those subventions are for one of the
following two purposes:
(1) Basic aid subventions of one hundred twenty dollars ($120) per
ADA.
(2) Additional apportionments which, when added to the district's
local revenues as defined in Section 42238 of the Education Code, do
not exceed the foundation program level for that district. In no case
shall subventions received from the state for reimbursement of state
mandates in accordance with the provisions of Section 6 of Article
XIII B of the California Constitution or of Section 17561 or for
reimbursement of court or federal mandates imposed on or after
November 6, 1979, be considered "proceeds of taxes" for the purposes
of this section.
(d) Proceeds of taxes for a fiscal year shall not include any
proceeds of taxes within the district's beginning balance or reserve,
unless those funds were not appropriated in a prior fiscal year.
Funds that were appropriated to a reserve or other fund referenced in
Section 5 of Article XIII B of the California Constitution shall be
deemed to be appropriated for the purpose of this paragraph.
(e) The remainder of the state apportionments, including special
purpose apportionments and categorical aid subventions shall not be
considered proceeds of taxes for a school district.
(f) Each school district shall report to the Superintendent of
Public Instruction and to the Director of Finance at least annually
its appropriation limit, its appropriations subject to limitation,
the amount of its state aid apportionments and subventions included
within the proceeds of taxes of the school district, and amounts
excluded from its appropriations limit, at a time and in a manner
prescribed by the Superintendent of Public Instruction and approved
by the Director of Finance.
(g) For the 1988-89 fiscal year and each fiscal year thereafter,
nothing in paragraph (2) of subdivision (c) shall be so construed as
to require that the amount determined pursuant to subdivision (b) be
multiplied by the amount determined pursuant to subdivision (a) for
purposes of determining the amount of state aid included in school
district "proceeds of taxes" for purposes of this section.
SEC. 15. Section 8880.5 of the
Government Code is amended to read:
8880.5. Allocations for education:
The California State Lottery Education Fund is created within the
State Treasury, and is continuously appropriated for carrying out the
purposes of this chapter. The Controller shall draw warrants on this
fund and distribute them quarterly in the following manner, provided
that the payments specified in subdivisions (a) to (g), inclusive,
shall be equal per capita amounts.
(a) (1) Payments shall be made directly to
public school districts, including county superintendents of schools,
serving kindergarten and grades 1 to 12, inclusive, or any part
thereof, on the basis of an equal amount for each unit of average
daily attendance, as defined by law and adjusted pursuant to
subdivision ().
(2) For purposes of this paragraph, in each of the 2008-09,
2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, the number of
units of average daily attendance in each of those fiscal years for
programs for public school districts, including county
superintendents of schools, serving kindergarten and grades 1 to 12,
inclusive, shall include the same amount of average daily attendance
for classes for adults and regional occupational centers and programs
used in the calculation made pursuant to this subdivision for the
2007-08 fiscal year.
(b) Payments shall also be made directly to public school
districts serving community colleges, on the basis of an equal amount
for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees
of the California State University on the basis of an amount for each
unit of equivalent full-time enrollment. Funds received by the
trustees shall be deposited in and expended from the California State
University Lottery Education Fund, which is hereby created or, at
the discretion of the trustees, deposited in local trust accounts in
accordance with subdivision (j) of Section 89721 of the Education
Code.
(d) Payments shall also be made directly to the Regents of the
University of California on the basis of an amount for each unit of
equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors
of the Hastings College of the Law on the basis of an amount for
each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the Department of the
Youth Authority for educational programs serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, on the basis of an
equal amount for each unit of average daily attendance, as defined by
law.
(g) Payments shall also be made directly to the two California
Schools for the Deaf, the California School for the Blind, and the
three Diagnostic Schools for Neurologically Handicapped Children, on
the basis of an amount for each unit of equivalent full-time
enrollment.
(h) Payments shall also be made directly to the State Department
of Developmental Services and the State Department of Mental Health
for clients with developmental or mental disabilities who are
enrolled in state hospital education programs, including
developmental centers, on the basis of an equal amount for each unit
of average daily attendance, as defined by law.
(i) No Budget Act or other statutory provision shall direct that
payments for public education made pursuant to this chapter be used
for purposes and programs (including workload adjustments and
maintenance of the level of service) authorized by Chapters 498, 565,
and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes
of 1984, or Chapter 1 of the Statutes of the 1983-84 Second
Extraordinary Session.
(j) School districts and other agencies receiving funds
distributed pursuant to this chapter may at their option utilize
funds allocated by this chapter to provide additional funds for those
purposes and programs prescribed by subdivision (i) for the purpose
of enrichment or expansion.
(k) As a condition of receiving any moneys pursuant to subdivision
(a) or (b), each district and county superintendent of schools shall
establish a separate account for the receipt and expenditure of
those moneys, which account shall be clearly identified as a lottery
education account.
() Commencing with the 1998-99 fiscal year, and each year
thereafter, for the purposes of subdivision (a), average daily
attendance shall be increased by the statewide average rate of
excused absences for the 1996-97 fiscal year as determined pursuant
to the provisions of Chapter 855 of the Statutes of 1997. The
statewide average excused absence rate, and the corresponding
adjustment factor required for the operation of this subdivision,
shall be certified to the State Controller by the Superintendent of
Public Instruction.
(m) It is the intent of this chapter that all funds allocated from
the California State Lottery Education Fund shall be used
exclusively for the education of pupils and students and no funds
shall be spent for acquisition of real property, construction of
facilities, financing of research, or any other noninstructional
purpose.
SEC. 16. Item 6110-488 of Section 2.00 of the
Budget Act of 2008 (Chapters 268 and 269), as amended by Section 30
of Chapter 12 of the Statutes of 2009, Third Extraordinary Session,
is amended to read:
6110-488--Reappropriation (Proposition 98),
Department of Education. Notwithstanding any other
provision of law, the unobligated balances from the
following items are available for reappropriation
for the purposes specified in Provisions 3, 4, and 5:
0001--General Fund
(1) $12,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act
of 2003 (Ch. 157, Stats. 2003), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(2) $1,441,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2004 (Ch. 208, Stats. 2004), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(3) $3,663,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005), $1,749,000 of which was
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(4) $12,921,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for CalWORKs Stage 2
and Stage 3 child care in Schedules
(1.5)(e) and (1.5)(f) of Item 6110-
196-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(6) $18,120,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of
Item 6110-196-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007), with the exception of
Schedules (1.5)(e) and (1.5)(f) for
CalWORKs child care programs.
(7) $8,000,000 of the amount
appropriated to the Child Care
Facilities Revolving Fund
established pursuant to Section
8278.3 of the Education Code from
Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(8) $5,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the provision of
wraparound care to children
enrolled in preschool programs
pursuant to Section 8238.6 of the
Education Code (Ch. 211, Stats.
2006).
(9) $48,000 or whatever greater or
lesser amount reflects the
unexpended funds from subdivision
(a) of Section 9 of Chapter 734 of
the Statutes of 1999.
(10) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Community-Based
English Tutoring pursuant to
Section 315 of the Education Code,
as enacted by Proposition 227 in
1998.
(11) $9,200,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(12) $76,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Small School
District Bus Replacement in
Schedule (2) of Item 6110-111-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(13) $488,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Home to School
Transportation in Schedule (1) of
Item 6110-111-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(14) $545,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Examination in
Schedule (4) of Item 6110-113-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(15) $2,060,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Assessment Review
and Reporting and the STAR Program
in Schedules (1) and (2) of Item
6110-113-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(16) $19,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for specialized
secondary programs in Item 6110-
122-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(17) $17,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (3) of Item 6110-123-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(18) $2,993,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(19) $615,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(20) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(21) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Acquisition Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(22) $109,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Schedule (1) of Item
6110-128-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(23) $4,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for transfer to
the State School Fund for Economic
Impact Aid in Item 6110-128-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(24) $1,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Administrator
Training Program in Item 6110-144-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(25) $7,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the American
Indian Early Childhood Education
Program in Item 6110-150-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(26) $110,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Schedule (1)
of Item 6110-151-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(27) $177,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Item 6110-151-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(28) $1,385,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adults in
correctional facilities in Item
6110-158-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(29) $107,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(30) $21,919,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(31) $57,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for vocational
education for partnership academies
in Item 6110-166-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(32) $23,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education Incentive
Program in Item 6110-167-0001 of
the Budget Act of 2005 (Chs. 38 and
39, Stats. 2005).
(33) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for educational
technology programs in Item
6110-181-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(34) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
transferred to the State School
Fund for educational technology
programs in Item 6110-181-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(35) $27,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for staff development
for teacher peer review in Schedule
(2) of Item 6110-193-0001 of the
Budget Act of 2005 (Chs. 38 and 39,
Stats. 2005).
(36) $95,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Bilingual
Teacher Training Assistance Program
and teacher peer review in
Schedules (1) and (2) of Item 6110-
193-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(37) $43,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for teacher
dismissal apportionments in Item
6110-209-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(38) $13,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for School
Community Policing Partnership
Competitive Grants Program in
Schedule (5) of Item 6110-228-0001
of the Budget Act of 2004 (Ch. 208,
Stats. 2004).
(39) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the International
Baccalaureate Diploma Program in
Schedule (1) of Item 6110-240-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(40) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Credentialing Block Grant Program
in Item 6110-244-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(41) $79,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(42) $186,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(43) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Physical
Education Teacher Incentive Grant
Program in Item 6110-260-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(44) $641,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to county offices of
education for site visits for
Williams audits in Item 6110-266-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(45) $101,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter School
Facility Grant Program in Schedule
(7) of Item 6110-485 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(46) $600,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Principal
Training Program in Schedule (8) of
Item 6110-485 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(47) $25,645,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2004-
05 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002.
(48) $178,352,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2007-
08 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(49) $20,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(50) $520,000 or whatever greater or
lesser amount reflects the
unexpended balance for the
After School Education and Safety
Program in Item 6110-649-0001 from
the 2006-07 fiscal year
appropriation pursuant to Section
8483.5 of the Education Code, as
enacted by Proposition 49 in 2002,
and pursuant to Section 8483.51 of
the Education Code, as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(51) $3,207,465 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
programs in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003).
(52) $10,922 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Consolidated Competitive Grant in
Item 6110-248-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(53) $10,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the adult
education program and regional
occupational programs pursuant to
Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of
Division 4 of Title 2 of the
Education Code in Schedule (3) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(54) $27,500 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the parental
involvement program pursuant to
Article 2 (commencing with Section
51120) of Chapter 1.5 of Part
28 of Division 4 of Title 2 of the
Education Code in Schedule (9) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(55) $114,395 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for teacher
recruitment and retention pursuant
to Article 2 (commencing with
Section 51120) of Chapter 1.5 of
Part 28 of Division 4 of Title 2 of
the Education Code in Schedule (20)
of Section 43 of Chapter 79 of the
Statutes of 2006.
(56) $25,725 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for start-up school
breakfast and summer food program
pursuant to Article 2 (commencing
with Section 51120) of Chapter 1.5
of Part 28 of Division 4 of Title 2
of the Education Code in Schedule
(8) of Section 43 of Chapter 79 of
the Statutes of 2006.
(57) $831,523 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for prior year mandate
claims made by local education
agencies pursuant to Article 2
(commencing with Section 51120) of
Chapter 1.5 of Part 28 of Division
4 of Title 2 of the Education Code
in Schedule (1) of Section 43 of
Chapter 79 of the Statutes of 2006.
(58) $3,115,995 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(59) $247,611 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Special
Education Infant Program in
Schedule (1) of Item 6110-161-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(60) $730,454 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Early
Education for Individuals with
Exceptional Needs in Schedule (2)
of Item 6110-161-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(61) $44,135 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education in Item 6110-
167-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(62) $29,837 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Intervention Program in Item 6110-
204-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(63) $6,057 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant in Schedule (1) of Item
6110-228-0001 of the Budget Act
of 2006 (Chs. 47 and 48, Stats.
2006).
(64) $8,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the K-3 Class Size
Reduction Program in Item 6110-234-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(65) $339,439 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Block Grant in Item 6110-
243-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(66) $98,647 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Professional
Development Block Grant in Item
6110-245-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(67) $5,130 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Arts and Music
Block Grant in Item 6110-265-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(68) $1,941,700 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Certificated
Staff Mentoring Program in Item
6110-267-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(69) $12,844 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant Program pursuant to
subparagraph (J) of paragraph (2)
of subdivision (a) of Section 31 of
Chapter 73 of the Statutes of 2005.
(70) $11,705,886 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adult education
programs pursuant to subparagraph
(G) of paragraph (2) of subdivision
(a) of Section 31 of Chapter 73 of
the Statutes of 2005.
(71) $1,217,782 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (10) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(72) $57,239 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (12) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(73) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(74) $658,800 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(75) $40,310 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Partnership
Academies Program in Item 6110-166-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(76) $145,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the National Board
Certification Program in Item 6110-
195-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(77) $49,774 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Instruction Program in Item 6110-
204-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(78) $41,445 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Dismissal Apportionment Program in
Item 6110-209-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(79) $1,003,040 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Program in Item 6110-243-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(80) $167,158 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Professional
Development Block Grant in Item
6110-245-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(81) $429,880 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
Certificated Staff Mentoring
Program in Item 6110-267-0001 of
the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(82) $7,821 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Home to School
Transportation Program in Schedule
(14) of Item 6110-485 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(83) $281,207 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Quality
Education Improvement Act in
subparagraph (B) of paragraph (1)
of subdivision (c) of Section
52055.770 of the Education Code.
(84) $499,639 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(85) $145,359 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges for nursing
faculty recruitment and retention
in paragraph (30) of subdivision
(a) of Section 43 of Chapter 79 of
the Statutes of 2006.
(86) $229,653 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (18)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(87) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(88) $59,931 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (20)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(89) $81,824 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (23)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(90) $404,091 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (18)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(91) $817,973 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (6)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(92) $8,738,578 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims of
subparagraph (A) of paragraph (3)
of subdivision (a) of Section 44 of
Chapter 79 of the Statutes of 2006.
(93) $6,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(94) $10,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2008 (Chs. 268 and 269,
Stats. 2008).
Provisions:
3. The sum of $38,631,987 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 2 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
4. The sum of $164,686,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 3 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
5. The sum of $46,161,769 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the Class Size
Reduction Program pursuant to
Chapter 6.10 (commencing with
Section 52120) of Part 28 of
Division 4 of Title 2 of the
Education Code.
6. The sum of $16,000,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding school district revenue
limit apportionments. The amount
reappropriated pursuant to this
section is for use in the 2008-09
fiscal year.
SEC. 17. Item 6440-001-0001 of Section 2.00 of the
Budget Act of 2008, as amended by Chapter 2 of the Statutes of 2009,
Third Extraordinary Session, is amended to read:
6440-001-0001--For support of University
of California............................ 2,930,023,000
2,212,523,000
Schedule:
(1) Support............. 3,118,116,00
3,386,616,00
0
(2) Charles R. Drew
Medical Program..... 8,738,000
(3) Acquired Immune
Deficiency Syndrome
(AIDS) Research..... 9,214,000
(4) Student Financial
Aid................. 52,199,000
(5) Loan Repayments..... 5,105,000
(6) San Diego
Supercomputer
Center.............. 3,240,000
(8) Unallocated
Reduction........... -266,589,000
-984,089,000
(9) Reimbursements...... -268,500,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00.
2. None of the funds appropriated
in this item may be expended to
initiate major capital outlay
projects by contract without
prior legislative approval,
except for cogeneration and
energy conservation projects.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service for such
exempted capital projects.
Exempted projects shall be
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section 28.00.
Funds appropriated in this item
may be used for capital
expenditures as well as payment
of debt service associated with
the Energy Partnership Program,
whereby the University of
California will receive
financial incentives from state
investor-owned utilities to
undertake energy conservation
projects. The use of state
operations funding for these
energy savings projects may not
infringe on the university's
funding for its instructional
support activities. The Director
of Finance may authorize program
expenditures for the list of
planned projects not sooner than
30 days after notification in
writing is provided to the
chairpersons of the committees
in each house of the Legislature
that consider appropriations,
the chairpersons of the
committees and the appropriate
subcommittees in each house of
the Legislature that
consider the State Budget, and
the Chairperson of the Joint
Legislative Budget Committee.
The list of planned projects
submitted for approval for a
given funding cycle should be
all-inclusive and may include
projects that eventually may not
be initiated during that funding
cycle. A project not included on
the list of planned projects for
that funding cycle, but with
which the university wishes to
proceed during the budget year,
may be treated as an exempted
project as described above and
reported in a manner consistent
with the reporting procedures in
subdivision (e) of Section
28.00. No later than November 15
of each year, the university
shall prepare a report
describing the identified
projects funded under the Energy
Partnership Program in the prior
year. The report shall include
the cost of each project, how
the cost is being funded,
including the amount funded from
support budget funds and
investor-owned utility incentive
awards, and the projected amount
of energy savings. These reports
will sunset at the end of
the program.
3. The funds appropriated in
Schedule (2) are for support of
University of California
programs of clinical health
sciences education, research,
and public service, conducted in
conjunction with the Charles R.
Drew University of Medicine and
Science, as provided for in
Sections 1, 2, and 3 of Chapter
1140 of the Statutes of 1973. Of
the funds appropriated, $500,000
is contingent upon the provision
by the University of California
of an equal amount of matching
funds from its own resources.
The University of California
shall ensure by adequate
controls that funds appropriated
in Schedule (2) are expended
solely for the support of the
program identified in that
schedule.
4. The funds appropriated in
Schedule (4) are for support of
Program 45, Student Financial
Aid, to provide financial aid to
needy students attending the
University of California,
according to the nationally
accepted needs analysis
methodology.
5. Of the funds appropriated in
Schedule (1), $2,762,129 is for
payment of energy service
contracts in connection with the
issuance of State Public Works
Board Energy Efficiency Revenue
Bonds.
6. Of the funds appropriated in
Schedule (5), $2,700,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1994-95
fiscal year. It is the
intent of the Legislature to
annually provide funds for that
repayment purpose through the
2009-10 fiscal year.
7. Of the funds appropriated in
Schedule (5), $2,405,000 is for
repayment of $25,000,000
borrowed by the University of
California for deferred
maintenance in the 1995-96
fiscal year. It is the intent of
the Legislature to annually
provide funds for that repayment
purpose through the 2010-11
fiscal year.
8. Of the funds appropriated in
Schedule (1), $1,897,200 is for
the California State Summer
School for Mathematics and
Science (COSMOS). The University
of California shall report on
the outcomes and effectiveness
of COSMOS every five years,
commencing April 1, 2011.
9. The University of California
(UC) shall report to the
Legislature and the Governor by
February 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each UC campus) beginning with
the 2004-05 academic year
(before the state first provided
funding for the initiative), (b)
an expenditure plan on the use
of the funds appropriated in
this item, (c) the effectiveness
of the initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn a
mathematics or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
10. The University of California
shall report to the Legislature
by March 15, 2009, on whether it
has met its 2008-09 academic
year enrollment goal.
11. Of the funds appropriated in
Schedule (1), $1,050,000 is to
support 70 full-time equivalent
students in the Program in
Medical Education (PRIME) at the
Irvine, Davis, San Diego, and
San Francisco campuses. The
primary purpose of this program
is to train physicians
specifically to serve in
underrepresented communities.
The University of California
shall report to the Legislature
by March 15, 2009, on (a)
its progress in implementing the
PRIME program and (b) the use of
the total funds provided for
this program from both state and
nonstate resources.
12. The university shall report to
the Legislature and the Governor
by May 1, 2009, on the total
enrollment in the 2007-08 and
2008-09 academic years in the
entry-level clinical and
master's degree nursing programs
and the master's of science
nursing degree programs.
13. It is the intent of the
Legislature that the University
of California submit an annual
report by March 1 of each year
through the 2010-11 fiscal year
to the Joint Legislative Budget
Committee, legislative fiscal
subcommittees, and the
Department of Finance on the
university's progress in
reforming its compensation
policies and practices,
reflecting the criteria
specified in Provision 27 of
Item 6440-001-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006).
14. Of the funds appropriated in
Schedule (1), $19,300,000 is for
student academic preparation and
education programs (SAPEP) and
is to be matched with
$12,000,000 from existing
university resources, for a
total of $31,300,000 for these
programs. The University of
California shall provide a plan
to the Department of Finance and
the fiscal committees of each
house of the Legislature for
expenditure of both state and
university funds for SAPEP by
September 1 of each year.
15. The amount appropriated in
Schedule (1) reflects a
reduction of $32,300,000 to
institutional support.
17. Of the funds appropriated in
Schedule (1), $693,000 is for
the Welfare Policy Research
Project, pursuant to Article 9.7
(commencing with Section 11526)
of Chapter 2 of Part 3 of
Division 9 of the Welfare and
Institutions Code.
18. Of the funds appropriated in
Schedule (1), $427,500 shall be
expended for the Center for
Earthquake Engineering Research,
contingent upon the center
continuing to receive federal
matching funds from the National
Science Foundation.
19. Of the funds appropriated in
Schedule (1), $346,500 shall be
expended for viticulture and
enology research, contingent
upon the receipt of an equal
amount of private sector
matching funds.
20. Of the funds appropriated in
Schedule (1), $16,200,000 is for
substance abuse research at the
Department of Neurology at the
University of California, San
Francisco.
21. Of the funds appropriated in
Schedule (1), $693,000 shall be
used for lupus research at the
University of California, San
Francisco.
22. Of the funds appropriated in
Schedule (1), $1,385,100 shall
be used to expand spinal cord
injury research.
23. Of the funds appropriated in
Schedule (1), $3,463,000 is to
fund the Medical Investigation
of Neurodevelopment Disorders
(MIND) Institute, including
$3,150,000 for a research grants
program.
24. Of the funds appropriated in
Schedule (1), $0 is to support
research on labor and employment
and labor education throughout
the University of California
system.
25. The amount appropriated in this
item reflects a $5,000,000 one-
time reduction to the Subject
Matter Projects. An identical
amount is appropriated in Item
6110-195-0890 from federal Title
II carryover funds to ensure the
projects can be maintained in
the 2008-09 fiscal year.
26. To the extent funds are
available in Schedule (1), and
contingent upon the receipt of
an equal amount of private
sector matching funds, the
University of California shall
allocate funds for the
California Institute for
Quantitative Biosciences for the
purpose of enhancing innovative,
cost-effective technologies and
therapies in health care.
SEC. 18. Item 6610-001-0001 of Section 2.00 of the
Budget Act of 2008, as amended by Chapter 2 of the Statutes of 2009,
Third Extraordinary Session, is amended to read:
6610-001-0001--For support of California
State University......................... 2,844,364,000
2,126,864,000
Schedule:
(1) Support............. 3,082,555,00
3,351,055,00
0
(2) Unallocated
Reduction........... -238,191,000
-955,691,000
(3) Reimbursements...... -268,500,000
Provisions:
1. The appropriations made in this
item are exempt from Section
31.00, except as otherwise
provided by the applicable
sections of the Government Code
referred to in Section 31.00.
2. Of the amount appropriated in
this item, $350,000 is for
transfer to the Affordable
Student Housing Revolving Fund
for the purpose of
subsidizing interest costs in
connection with bond financing
for construction of affordable
student housing at the Fullerton
and Hayward campuses in
accordance with Article 3
(commencing with Section 90085)
of Chapter 8 of Part 55 of
Division 8 of Title 3 of the
Education Code.
3. Of the amount appropriated in
this item, $1,878,000 is for
repayment of the $17,000,000
financed for the California
State University through a third
party for deferred maintenance
projects in the 1994-95 fiscal
year. It is the intent of the
Legislature to annually provide
funds for that repayment purpose
until June 30, 2010.
4. Of the amount appropriated in
this item, $2,309,000 is for
repayment of the $24,000,000
financed for the California
State University through a third
party for deferred maintenance
projects in the 1995-96 fiscal
year. It is the intent of the
Legislature to annually provide
funds for that repayment purpose
until June 30, 2011.
5. The California State University
(CSU) shall report to the
Legislature and the Governor by
February 1 of each year on its
progress toward increasing the
quality and supply of science
and mathematics teachers
resulting from implementation of
the Science and Math Teacher
Initiative. This report shall
include the following
information: (a) annual number
of mathematics and science
teachers awarded credentials (by
each CSU campus) beginning with
the 2004-05 academic year
(before the state first provided
funding for the initiative), (b)
an expenditure plan on the
use of the funds appropriated in
this item, (c) the effectiveness
of the initiative's different
components and activities,
including an identification of
best practices, and (d) the job
placement of students who earn a
math or science teaching
credential, including the
location of the K-12 school of
employment and whether it is in
an urban, rural, or suburban
setting.
6. The California State University
shall provide a preliminary
report to the Legislature by
March 15, 2009, and a final
report by May 1, 2009, on
whether it has met its 2008-09
academic year enrollment goal.
7. The California State University
shall report to the Legislature
and the Governor by May 1,
2009, on the total enrollment in
the 2007-08 and 2008-09 academic
years in the baccalaureate
nursing degree and entry-level
master's nursing degree programs.
8. The amount appropriated in
Schedule (1) reflects a
reduction of $43,199,000 to
institutional support.
9. Of the amount appropriated in
this item, $33,785,000 is
provided for student financial
aid grants. These financial aid
funds shall be provided to needy
students according to the
nationally accepted needs
analysis methodology.
10. Of the amount appropriated
in Schedule (1), $52,000,000 is
appropriated for student
academic preparation and student
support services programs. The
California State University
shall provide $45,000,000 to
support the Early Academic
Assessment Program and the
Educational Opportunity Program.
SEC. 19. Item 6870-101-0001 of Section 2.00 of the
Budget Act of 2008, as amended by Chapter 12 of the Statutes of
2009, Third Extraordinary Session, is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,649,230,000
3,449,230,000
Schedule:
(1) 10.10.010- 2,830,717,
Apportionments........ 2,715,717,
Apportionments........
000
(2) 10.10.020-
Apprenticeship........ 14,641,000
(3) 10.10.030-Growth for 113,500,00
Apportionments........ 0
(4) 20.10.004-Student
Success for Basic
Skills Students....... 33,100,000
(5) 20.10.005-Student
Financial Aid
Administration........ 51,269,000
(6) 20.10.020-Disabled 115,011,00
Students.............. 0
(7) 20.10.045-Special
Services for CalWORKs
Recipients............ 43,580,000
(8) 20.10.060-Foster Care
Education Program..... 5,254,000
(9) 20.10.070- 101,803,00
Matriculation......... 0
(10) 20.20.020-Academic
Senate for the
Community Colleges.... 467,000
(11) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 1,747,000
(12) 20.20.050-Part-time
Faculty Health
Insurance............. 1,000,000
(13) 20.20.051-Part-time
Faculty Compensation.. 50,828,000
(14) 20.20.055-Part-time
Faculty Office Hours.. 7,172,000
(15) 20.30.011-
Telecommunications
and Technology
Services.............. 26,197,000
(16) 20.30.050-Economic
Development........... 46,790,000
(17) 20.30.070-Transfer
Education and
Articulation.......... 1,424,000
(18) 20.40.026-Physical
Plant and
Instructional Support. 27,345,000
(19) 20.10.010-Extended
Opportunity Programs
and Services and 122,291,00
Special Services...... 0
(20) 20.30.045-Fund for
Student Success....... 6,158,000
(21) 20.70.010-Career
Technical Education... 20,000,000
(22) 20.80.010-Campus
Childcare Tax Bailout. 6,836,000
(23) 20.95.010-Nursing
Program Support....... 22,100,000
(24) Unallocated Reduction. -85,000,00
0
Provisions:
1. The funds appropriated in
Schedules (1), (2), (3), (4),
(5), (6), (7), (8), (9), (11),
(12), (13), (14), (15), (16),
(18), (19), and (22) are for
transfer by the Controller
during the 2008-09 fiscal year
to Section B of the State School
Fund.
2. Notwithstanding any other
provision of law, apportionment
funding for community college
districts shall be based on the
greater of the current year or
prior year level of full-time
equivalent students (FTES),
consistent with K-12 declining
enrollment practices pursuant to
Section 42238.5 of the Education
Code. Decreases in FTES shall
result in a revenue reduction at
the district's average level of
apportionment funding per FTES
and shall be made in the year
following the initial year of
decrease in FTES.
3. The funds appropriated in
Schedule (1) for Apportionments
include $31,409,000 to encourage
district-level accountability
efforts pursuant to Section
84754.5 of the Education Code.
It is intended that the
Chancellor of the California
Community Colleges submit an
annual report on district-
specific accountability
measures by March 19 of each
year. This report shall reflect
outcomes from the most recently
completed fiscal year for which
data is available pursuant to
Section 84754.5 of the Education
Code.
4. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(b) Up to $500,000 is to
reimburse colleges for
the costs of federal aid
repayments related to
assessed fees for fee
waiver recipients. This
reimbursement only applies
to students who completely
withdraw from college
before the census date
pursuant to Section 58508
of Title 5 of the
California Code of
Regulations.
5. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
6. (a) Of the amount appropriated
in Schedule (2) for the
Apprenticeship Program, up
to $14,641,000 shall be
available as necessary
upon certification by the
Chancellor of the
California Community
Colleges for the purpose
of funding community
college-related and
supplemental instruction
pursuant to Section 3074
of the Labor Code, as
provided in Section 8152
of the Education Code. No
community college district
shall use funds available
under this provision to
offer any new
apprenticeship training
program or the expansion
of any existing program
unless the new program or
expansion has been
approved by the chancellor.
(b) Notwithstanding Section
8152 of the Education
Code, each 60-minute hour
of teaching time devoted
to each indentured
apprentice enrolled in and
attending classes of
related and supplemental
instruction as provided
under Section 3074 of the
Labor Code shall be
reimbursed at the rate of
$5.06 per hour. For
purposes of this
provision, each hour of
teaching time may include
up to 10 minutes for
passing time and breaks.
7. Funds appropriated in Schedule
(3), Growth for Apportionments,
shall be available first to any
districts bringing online in the
current fiscal year newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
8. Notwithstanding any other
provision of law, funds
appropriated in Schedule (3) for
Growth for Apportionments shall
only be allocated for growth in
full-time equivalent students
(FTES), on a district-by-
district basis, as determined by
the Chancellor of the California
Community Colleges. The
chancellor shall not include any
FTES from concurrent enrollment
in physical education, dance,
recreation, study skills, and
personal development courses and
other courses in conflict with
existing law for the purpose of
calculating a district's three-
year overcap adjustment. The
Board of Governors of the
California Community Colleges
shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-
0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003) for
the allocation of funds
appropriated in Schedules (1)
and (3), so as to ensure that
courses related to student needs
for transfer, basic skills, and
vocational/workforce training
are accorded the highest
priority and are provided to the
maximum extent possible within
budgeted funds.
10. Of the amount appropriated in
Schedule (1), $10,000,000 shall
only be available for noncredit
instruction to prepare pupils to
pass the California High School
Exit Examination (CAHSEE). The
first priority shall be to serve
high school pupils from the
class of 2007 who met all other
graduation requirements except
for passage of the CAHSEE.
Remaining funds may be used to
support other necessary
noncredit courses for other
pupils who not only did not pass
the CAHSEE, but who did not
complete other coursework
necessary to meet high school
graduation requirements. These
funds are intended to supplement
but not supplant existing
funding for these purposes.
11. The funds appropriated in
Schedule (4), Student Success
for Basic Skills Students, shall
be allocated as follows:
(a) $1,600,000 for faculty and
staff development to
improve curriculum,
instruction, student
services, and program
practices in the areas of
basic skills and English
as a Second Language (ESL)
programs. The Office of
the Chancellor of the
California Community
Colleges shall select a
district, utilizing a
competitive process, to
carry out these faculty
and staff development
activities. All colleges
receiving funds pursuant
to subdivision (b) shall
be provided with the
opportunity to participate
in the faculty and staff
development programs
specified in this
subdivision. The
chancellor shall report on
the use of these funds by
the selected district to
the Legislative Analyst
and the Department of
Finance not later than
September 1, 2009.
(b) $31,500,000 for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor shall work
jointly with the
Department of Finance and
the Legislative Analyst to
develop annual
accountability measures
for this program. It is
the intent of the
Legislature that annual
performance accountability
measures for this program
utilize, to the extent
possible, data available
as part of the
accountability system
developed pursuant to
Section 84754.5 of the
Education Code. By
November 1, 2009, the
chancellor shall submit a
report to the Governor and
Legislature on the annual
accountability measures
developed pursuant to this
process.
12. (a) Of the funds appropriated
in Schedule (5) for
Student Financial Aid
Administration, not less
than $9,864,000 is
available to provide $0.91
per unit reimbursement to
community college
districts for the
provision of board of
governors (BOG) fee waiver
awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(b) Of the funds appropriated
in Schedule (5), not less
than $4,405,000 is
available to provide
reimbursement of 2 percent
of total waiver value to
community college
districts for the
provision of BOG fee
waiver awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(c) Funding provided to
community college
districts in subdivisions
(a) and (b) of Provision
15 is provided to directly
offset any mandated costs
claimed by community
college districts pursuant
to Commission on State
Mandates Test Claims 99-TC-
13 (Enrollment Fee
Collection) and 00-TC-15
(Enrollment Fee Waivers).
(d) (1) Of the amount
appropriated in
Schedule (5),
$2,800,000 shall be
for a contract with
a community college
district to conduct
a statewide media
campaign to promote
the general message
to prospective
students as follows:
(A) the California
Community
Colleges (CCC)
remain affordable,
(B) financial aid
and tax credits are
available to cover
enrollment fees and
help with books and
other costs, and (C)
the active
encouragement of
contact between
pupils and local CCC
financial aid
offices. Any funds
used from this
source to produce
radio, television,
or mail campaigns
must emphasize the
availability of
financial aid, the
easiest and most
reliable method of
accessing the aid, a
contact telephone
number, an Internet
Web site address,
where applicable,
and the physical
location of a
financial aid
office. Any mail
campaign must give
priority to existing
pupils, recent high
school graduates,
and 12th graders.
The outreach and
information campaign
should target its
efforts in high
schools, welfare
offices,
unemployment
offices, churches,
community centers,
and any other
location that will
most effectively
reach low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult with the
Chancellor of the
California Community
Colleges and the
Student Aid
Commission prior to
performing any
activities to ensure
appropriate
coordination with
any other state
efforts in this area
and ensure
compliance with this
provision.
(2) Of the amount
appropriated in
Schedule (5), not
more than
$34,200,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
CCC campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
full-time equivalent
students (FTES)
weighted by a
measure of low-
income populations
as demonstrated by
BOG fee waiver
program
participation within
a district. It is
the intent of the
Legislature, to the
extent that funds
are provided in this
item, that all
campuses provide
additional staff
resources to
increase both
financial aid
participation and
student access to
low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. Funds may
be used for
screening current
students for
possible financial
aid eligibility and
offering personal
assistance to these
students in
accessing financial
aid, providing
individual help in
multiple languages
for families and
students in filling
out the necessary
paperwork to apply
for financial aid,
and increasing
financial aid staff
to process
additional financial
aid forms.
(3) Funds allocated to a
community college
district for
financial aid
personnel, outreach
determination of
financial need, and
delivery of student
financial aid
services shall
supplement, and
shall not supplant,
the level of funds
allocated for the
administration of
student financial
aid programs during
the 2001-02 fiscal
year.
(4) It is the intent of
the Legislature that
the Office of the
Chancellor of the
California Community
Colleges provide the
Legislature with a
report not later
than April 1, 2009,
on the use of the
funds allocated
pursuant to
paragraphs (1) and
(2) of this
subdivision (d),
including the
distribution of the
funds, specific uses
of the funds,
strategies employed
to reach low-income
and disadvantaged
students potentially
eligible for
financial aid, and
the extent to which
districts were
successful in
increasing the
number of students
accessing financial
aid, particularly
the maximum Pell
Grant award.
(5) It is the intent of
the Legislature that
the chancellor
report by September
1, 2008, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (b) of
Provision 11 of Item
6870-101-0001 of
Section 2.00 of the
Budget Act of 2004
(Ch. 208, Stats.
2004), on the impact
of outreach efforts
on student headcount
and FTES enrollment
for the 2005-06 and
2006-07 academic
years.
13. Of the funds appropriated in
Schedule (19) for Extended
Opportunity Programs and
Services, $106,786,000 is for
Extended Opportunity Programs
and Services (EOPS) in
accordance with Article 8
(commencing with Section
69640) of Chapter 2 of Part 42
of Division 5 of Title 3 of the
Education Code. Funds provided
in this item for EOPS shall be
available to students on all
campuses within the California
Community College system,
including those students on new
campuses or in new districts. In
addition, $15,505,000 is for
funding, at all colleges, the
Cooperative Agencies Resources
for Education (CARE) program in
accordance with Article 4
(commencing with Section 79150)
of Chapter 9 of Part 48 of
Division 7 of Title 3 of the
Education Code. The Board of
Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
14. Of the funds appropriated in
Schedule (19) for the Extended
Opportunity Programs and
Services, $1,900,000 shall be
available to support
additional textbook assistance
grants to community college
students as an allowable
expenditure consistent with
paragraph (10) of subdivision
(b) of Section 69648 of the
Education Code.
15. The funds appropriated in
Schedule (20) for the Fund for
Student Success is for
additional targeted student
services, to be expended as
follows:
(a) $1,921,000 is for the
Puente Project to support
up to 75 colleges. These
funds are available if
matched by $200,000 of
private funds and the
participating community
colleges and University of
California campuses
maintain their 1995-96
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $2,459,000 is for
the Mathematics,
Engineering and Science
Achievement (MESA)
Program. For each dollar
allocated, the recipient
district shall provide $1
in matching funds.
(c) No less than $1,778,000 is
for the Middle College
High School Program. With
the exception of fully
compliant special part-
time students at the
community colleges
pursuant to Sections 48802
and 76001 of the Education
Code, student workload
based on participation in
the Middle College High
School Program shall not
be eligible for
community college state
apportionment. Further, no
community college state
apportionment shall be
made available for
physical education
classes, noncredit
classes, nor other courses
specified in Provision 8.
16. (a) The funds appropriated in
Schedule (6) for the
Disabled Students Program
are for assisting
districts in funding the
excess direct
instructional cost of
providing special support
services or instruction,
or both, to disabled
students enrolled at
community colleges, and
for state hospital
programs, as mandated by
federal law.
(b) Of the amount appropriated
in Schedule (6), no
less than $3,945,000 shall
be used to address
deficiencies identified by
the federal Office of
Civil Rights (OCR), as
determined by the Office
of the Chancellor of the
California Community
Colleges.
(c) Of the amount appropriated
in Schedule (6), at least
$943,000 shall be used for
support of the High Tech
Centers for activities
including, but not limited
to, training of district
employees, staff, and
students in the use of
specialized computer
equipment for the
disabled. All High Tech
Centers shall meet
standards developed by the
Office of the Chancellor.
Colleges that receive
these augmentations shall
not supplant existing
resources provided to the
centers.
(d) Notwithstanding any other
provision of law, of the
funds appropriated in
Schedule (6), $1,246,000
shall be for state
hospital adult education
programs at the hospitals
served by the Coast and
Kern Community College
Districts since the 1986-
87 fiscal year. If adult
education services at any
of the three hospitals are
not supported by the
community colleges in any
portion of the 2008-09
fiscal year, remaining
funds shall, upon order of
the Department of Finance,
after 30 days' notice to
the Chairperson of the
Joint Legislative Budget
Committee, be transferred
to the State Department of
Developmental Services
(DDS). For any transfer of
funds to DDS during the
2008-09 fiscal year, the
Proposition 98 base
funding levels for
community colleges and DDS
shall be adjusted
accordingly.
(e) Of the funds appropriated
in Schedule (6) for the
Disabled Student Services,
no less than $9,600,000
shall be allocated to
support high-cost sign
language interpreter
services and real-time
captioning equipment or
other communication
accommodations for hearing-
impaired students based on
a 4-to-1 state-to-local
district match.
17. The funds appropriated in
Schedule (7), Special Services
for CalWORKs Recipients, are for
the purpose of assisting welfare
recipient students and those in
transition off of welfare to
achieve long-term self-
sufficiency through coordinated
student services offered at
community colleges, including
workstudy, other educational
related work experience, job
placement services, child care
services, and coordination with
county welfare offices to
determine eligibility and
availability of services. All
services funded in Schedule (7)
shall be for current CalWORKs
recipients or prior CalWORKs
recipients who are in transition
off of cash assistance for no
more than two years. Current
cash-assistance recipients may
utilize these services until
their initial educational
objectives are met. Former
recipients in transition off of
cash assistance may utilize
these services for a period of
up to two years after leaving
cash assistance subject to the
conditions of this provision.
These funds shall be used to
supplement and not supplant
existing funds and services
provided for CalWORKs recipients
attending community colleges.
The Chancellor of the California
Community Colleges shall develop
an equitable method for
allocating funds to all
districts and colleges based on
the relative numbers of CalWORKs
recipients in attendance and
shall allocate funds for the
following purposes:
(a) Job placement.
(b) Coordination with county
welfare offices and other
local agencies, including
local workforce investment
boards.
(c) Curriculum development and
redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills
training and related
skills.
(g) Campus-based case
management, limited to on-
campus assistance and
services not provided by
county case workers that
do not supplant other
counseling and academic
support services funded
through existing
California Community
Colleges categorical
programs.
Of the amount appropriated in
Schedule (7), $15,000,000 is for
child care and does not require
a district match. For the
remaining funds, districts
shall, as a condition of receipt
of these funds, provide a $1
match for every $1 provided by
the state.
Funds utilized for subsidized
child care shall be for children
of CalWORKs recipients through
campus-based centers or parental
choice vouchers at rates and
with rules consistent with those
applied to related programs
operated by the State Department
of Education in the 2008-09
fiscal year, including
eligibility, reimbursement
rates, and parental contribution
schedules. Subsidized campus
child care for CalWORKs
recipients may be provided
during the period they are
engaged in qualifying state and
federal work activities
through attainment of their
initial education and training
plan and for up to three months
thereafter or until the end of
the academic year, whichever
period of time is greater.
Funds utilized for workstudy
shall be used solely for
payments to employers that
currently participate in campus-
based workstudy programs or are
providing work experiences that
are directly related to and in
furtherance of student
educational programs and work
participation requirements,
provided that those payments may
not exceed 75 percent of the
wage for the workstudy
positions, and the employers
shall pay at least 25 percent of
the wage for the workstudy
positions. These funds may be
expended only if the total hours
of education, employment, and
workstudy for the student are
sufficient to meet both state
and federal minimum requirements
for qualifying work-related
activities.
Funds may be used to provide
credit or noncredit classes for
CalWORKs students if a district
has committed all of its funded
full-time equivalent students
(FTES) and is unable to offer
the additional instructional
services to meet the demand for
CalWORKs students. This
determination shall be based on
fall enrollment information.
Districts shall submit
applications to the Office of
the Chancellor by October 15 of
each year. If the chancellor
approves the use of funds for
direct instructional workload,
the Office of the Chancellor
shall submit a report to the
Department of Finance and the
Joint Legislative Budget
Committee by November 15, 2008,
that (a) identifies the
enrollment of new CalWORKs
students, (b) states whether and
why additional classes were
needed to accommodate the
needs of CalWORKs students, and
(c) sets forth an expenditure
plan for the balance of funds.
As a condition of receipt of
the funds appropriated in
Schedule (7), by the fourth week
following the end of the
semester or quarter term
commencing in January 2009, each
participating community college
shall submit to the Office of
the Chancellor a report, in the
format specified by the
chancellor in consultation with
the State Department of Social
Services, that includes, but is
not limited to, the funded
components, the number of hours
of child care provided, the
average monthly enrollment of
CalWORKs dependents served in
child care, the number of
workstudy hours provided, the
hourly salaries and type of
jobs, the number of students
being case managed, the short-
term programs available, the
student participation rates,
and other outcome data. It is
intended that, to the extent
practical, reporting from
colleges utilize data gathered
for federal reporting
requirements at the state and
local level. Further, it is
intended that the Office of the
Chancellor compile the
information for annual reports
to the Legislature, the
Governor, the Legislative
Analyst, the Department of
Finance, and the State
Department of Social Services by
November 15 of each year.
First priority for expenditures
of any funds appropriated in
Schedule (7) shall be in support
of current CalWORKs recipients.
However, if caseloads are
insufficient to fully utilize
all of the funding in this
schedule in a cost-beneficial
way, it is intended that up to
$5,000,000 of the funds subject
to local matching requirements
may be allocated for providing
postemployment services to
former CalWORKs recipients who
have been off of cash assistance
for no longer than two years to
assist them in upgrading skills,
job retention, and advancement.
Allowable services include
direct instruction that cannot
be funded under available growth
funding, child care to support
attendance in these classes
consistent with this provision,
job development and placement
services, and career counseling
and assessment activities which
cannot be funded through other
programs. Child care services
may only be provided for periods
commensurate with a student's
need for postemployment training
within the two-year transitional
period.
Prior to allocation of funds
for postemployment services, the
chancellor shall first secure
the approval of the Department
of Finance for the allocations,
complete a cumulative report
on the outcomes, activities, and
cost-effectiveness of the
program no later than November
15, 2008, in compliance with the
Budget Acts of 1998 (Ch. 324,
Stats. 1998) and 1999 (Ch. 50,
Stats. 1999) and this act, and
shall provide the rationale and
justification for the proposed
allocation of postemployment
services to districts for
transitional students.
If a district is unable to
fully expend its share of child
care funds, it may request that
the Office of the Chancellor
approve a reallocation to other
CalWORKs purposes authorized by
this provision, subject to all
pertinent limitations and
district match required for
these purposes under this
provision.
Of the funds appropriated in
Schedule (7) for the Special
Services for CalWORKs Recipients
Program, no less than $8,000,000
is to provide direct workstudy
wage reimbursement for students
served under this program, and
$1,000,000 is available for
campus job development and
placement services.
18. Funds appropriated in Schedule
(7) for the Special Services for
CalWORKs Recipients Program have
been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-of-
effort requirement pursuant to
the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) and may
not be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
19. (a) Funds provided in Schedule
(8) for the Foster Care
Education Program shall be
allocated to provide
foster and
relative/kinship care
education and training.
Districts shall ensure
that education and
training required by
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receive
priority. Districts may
use any remaining funds
for additional parenting
skills training.
(b) Funds provided in Schedule
(8) shall be used for
foster parent and
relative/kinship care
provider education
training services
consistent with the
following criteria:
(1) The Chancellor of
the California
Community Colleges
shall use these
funds exclusively
for foster parent
and relative/kinship
care provider
education and
training, as
specified by the
chancellor in
consultation with an
advisory committee
that includes foster
parents,
representatives of
statewide foster
parent
organizations,
parent and
relative/kinship
care providers, and
representatives from
the State Department
of Social Services.
(2) Acceptance of funds
under this program
shall constitute
agreement by the
district to comply
with such reporting
requirements,
guidelines, and
other conditions
for receipt of
funding as the
chancellor may
establish.
(3) Each college plan
for foster and
relative/kinship
care education
programs shall
include the
provision of
training to
facilitate the
development of
foster family homes,
small family homes,
and relative/kinship
homes to care for no
more than six
children who have
special mental,
emotional,
developmental, or
physical needs.
(4) The State Department
of Social Services
shall facilitate the
participation of
county welfare
departments in the
foster and
relative/kinship
care education
program.
20. (a) Funds appropriated in
Schedule (9) for the
Matriculation Program are
for the purpose of student
matriculation pursuant to
Article 1 (commencing with
Section 78210) of Chapter
2 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Of the amount appropriated
in Schedule (9),
$20,000,000 shall be
allocated to community
college districts on a one-
to-one matching funds
basis to provide
matriculation services,
including, but not limited
to, orientation,
assessment, and
counseling, for students
enrolled in designated
noncredit classes and
programs who may benefit
most, as determined by
the Chancellor of the
California Community
Colleges pursuant to
Sections 78216 to 78218,
inclusive, of the
Education Code.
21. The funds in Schedule (13) for
the Part-time Faculty
Compensation Program shall be
allocated solely to increase
compensation for part-time
faculty from the amounts
previously authorized. Funds
shall be distributed to
districts based on the total
actual full-time equivalent
students served in the previous
fiscal year and include a small
district factor as determined by
the Chancellor of the California
Community Colleges. These funds
are to be used to assist
districts in making part-time
faculty salaries more comparable
to full-time salaries for
similar work, as determined
through each district's local
collective bargaining process.
These funds shall not supplant
the amount of resources each
district used to compensate part-
time faculty or be used to
exceed parity of each part-time
faculty employed by each
district with regular full-time
faculty at the same district, as
certified by the chancellor. If
a district achieves parity, its
allocation may be used for any
other educational purpose.
22. (a) $24,197,000 of the funds
provided in Schedule (15)
for the Telecommunications
and Technology Services
Program shall be for the
purpose of supporting
technical and application
innovations and for
coordination of activities
that serve to maximize the
utility of the technology
investments of the
community college system
towards improving learning
outcomes. Allocations
shall be made by the
Chancellor of the
California Community
Colleges, based on
criteria and guidelines as
developed by the
chancellor, on a
competitive basis through
the RFA/RFP application
process for the following
purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for system
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of Section 2.00 of
the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for
the California
Virtual University
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology pilots
and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system towards
improving learning
outcomes.
In addition, a portion of
the funds provided in this
subdivision shall be
available for allocations
to districts. It is the
intent of the Legislature
that these funds be used
by colleges to maintain
the technology
capabilities specified in
subdivision (a) of
Provision 21 of Item 6870-
101-0001 of the Budget Act
of 2003 (Ch. 157, Stats.
2003). These funds shall
not supplant existing
funds used for those
purposes, and colleges
shall match
maintenance and ongoing
costs with other funds as
provided by Provision
21(a) of Item 6870-101-
0001 of the Budget Act of
2003 (Ch. 157, Stats.
2003).
(b) The Office of the
Chancellor of the
California Community
Colleges shall develop the
reporting criteria for all
programs funded by this
item and shall submit that
for review along with an
annual progress report on
program implementation to
the Legislative Analyst,
the Office of the
Secretary for Education,
and the Department of
Finance no later than
December 1 of each year.
Reporting shall include
summaries of allocations
and expenditures by
program and by district,
where applicable.
(c) Of the funds provided in
Schedule (15), $2,000,000
is for ongoing support and
expansion of the
California Partnership for
Achieving Student Success
(Cal-PASS) program. As a
condition of receipt of
these funds, the grantee
shall submit to the Office
of the Chancellor, by
October 15 of each year,
all of the following: (1)
a report that includes the
numbers and percentages of
institutions and school
districts that have signed
agreements and the number
and percentage that have
actively submitted data in
the current year, (2) the
results of an annual
program evaluation, as
prescribed by the
chancellor, that
sufficiently documents the
value and productivity of
the program, and (3) an
annual financial audit, as
prescribed by the
chancellor, that includes
an accounting of all
funding sources and all
uses of funds by funding
source. It is the intent
of the Legislature that
all reporting requirements
contained in this
subdivision shall be
completed using funds
provided to the grantee.
23. Of the funds provided in
Schedule (16) for the Economic
and Workforce Development
Program:
(a) $22,830,000 is allocated
for grants for regional
business resources
assistance and innovation
network centers. Each
grant awarded to a
district for Centers for
International Development
shall contain sufficient
funds, as determined by
the Chancellor of the
California Community
Colleges, for the
continued operation of
Mexican International
Trade Centers.
(b) $7,822,000 is allocated
for industry-driven
regional education and
training collaboratives.
These grants shall be made
on a competitive basis and
the award amounts shall
not be restricted to any
predetermined limit, but
rather shall be funded on
their individual merits.
(c) $3,609,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $4,529,000 is available
for Job Development
Incentive Training
programs focused on
job creation for public
assistance recipients. Any
annual savings from this
subdivision shall only be
available for expenditure
for one-time activities
listed under subdivision
(j) of Section 88531 of
the Education Code.
(e) $8,000,000 is allocated
for the establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following provisions
apply to the expenditure
of funds within
subdivisions (a) and (b):
Funds allocated for
centers and regional
collaboratives shall seek
to maximize the use of
state funds for
subdivisions (g) to (j),
inclusive, of Section
88531 of the Education
Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i)
of Section 88531 of the
Education Code for
performance-based training
and student internships
shall be matched by a
minimum of $1 of private
business and industry
funding for each $1 of
state funds. Funds
allocated for purposes of
subdivision (h) of Section
88531 of the Education
Code for credit and
noncredit instruction may
be transferred to Schedule
(1) or (3) to facilitate
distribution at the
chancellor's discretion.
Any funds that become
available from network
centers due to savings,
discontinuance, or
reduction of amounts shall
first be made available
for additional allocations
in subdivision (b) to
increase the level of
subsidized training
otherwise available.
(g) Funds allocated by the
Board of Governors of the
California Community
Colleges under this
provision may not be used
by community college
districts to supplant
existing courses or
contract education
offerings. The chancellor
shall ensure that funds
are spent only for
expanded services and
shall implement
accountability reporting
for districts receiving
these funds to ensure that
training, credit, and
noncredit programs remain
relevant to business
needs. Programs that do
not demonstrate continued
relevance and support by
business shall not be
eligible for continued
funding. The board of
governors shall consider
the level of involvement
and financial commitments
of business and industry
as primary factors in
making awards. The
chancellor shall
incorporate grant
requirements into the
guidelines for audits of
economic development
grants.
(h) Primary objectives of the
Economic and Workforce
Development Program are to
maximize instruction, to
prepare students for entry-
level jobs, to increase
skills of the current
workforce, and to
stimulate the growth of
businesses through
training so that more jobs
are created. As part of
the annual report on the
performance of the
Economic and Workforce
Development Program, the
chancellor shall provide
disaggregated data
detailing the funding
provided to each economic
development regional
center and each industry-
driven regional education
and training
collaborative, and to the
extent practicable, the
total number of hours of
contract education
services, performance
improvement training,
credit and noncredit
instruction, and job
placements created as a
result of each center and
collaborative.
24. (a) The funds appropriated in
Schedule (17) for the
Transfer Education and
Articulation Program are
available to support
transfer and articulation
projects and common course
numbering projects.
(b) Funding provided to
community college
districts from Schedule
(17) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Chapter 737 of the
Statutes of 2004.
25. (a) $13,673,000 of the funds
appropriated in Schedule
(18) is available for the
following purposes:
(1) Scheduled
maintenance and
special repairs of
facilities. The
Chancellor of the
California Community
Colleges shall
allocate funds to
districts on the
basis of actual
reported full-time
equivalent students
(FTES), and may
establish a minimum
allocation per
district. As a
condition for
receiving and
expending these
funds for
maintenance or
special repairs, a
district shall
certify that it will
increase its
operations and
maintenance spending
from the 1995-96
fiscal year by the
amount it allocates
from this
appropriation
for maintenance and
special repairs,
plus an equal amount
to be provided from
district
discretionary funds.
The chancellor may
waive all or a
portion of the
matching requirement
based upon a review
of a district's
financial condition.
The question of
whether a district
has complied with
its resolution shall
be reviewed under
the annual audit of
that district. For
every $1 a district
expends from this
appropriation for
scheduled
maintenance and
special repairs, the
recipient district
shall provide $1 in
matching funds.
(2) Hazardous substances
abatement, cleanup,
and repairs.
(3) Architectural
barrier removal
projects that meet
the requirements of
the federal
Americans with
Disabilities Act of
1990 (42 U.S.C. Sec.
12101 et seq.) and
seismic retrofit
projects limited to
$400,000. Districts
that receive funds
for architectural
barrier removal
projects shall
provide a $1 match
for every $1
provided by the
state.
(b) $13,672,000 of the funds
appropriated in Schedule
(18) is available for
replacement of
instructional equipment
and library materials. For
every $3 a district
expends from this
appropriation for
replacement of
instructional equipment or
library materials, the
recipient district shall
provide $1 in matching
funds. The chancellor may
waive all or a portion of
the matching requirement
based upon a review of a
district's financial
condition. The funds
provided for instructional
equipment and library
materials shall not be
used for personal services
costs or operating
expenses. The chancellor
shall allocate funds to
districts on the basis of
actual reported FTES and
may establish a minimum
allocation per district.
The question of whether a
district has complied with
its resolution shall be
reviewed under the annual
audit of that district.
(c) The funds appropriated in
Schedule (18) shall be
available for expenditure
until June 30, 2010.
26. Pursuant to Sections 69648.5,
78216, and 84850, and
subdivision (b) of Section
87108, of the Education Code,
the Board of Governors of the
California Community Colleges
may allocate funds appropriated
in Schedules (6), (9), (11), and
(19) by grant or contract, or
through the apportionment
process, to one or more
districts for the purpose of
providing program evaluation,
accountability, monitoring, or
program development services, as
appropriate under the applicable
statute.
27. The funds appropriated in
Schedule (21) for the Career
Technical Education Program are
for the purpose of aligning
career-technical education
curriculum between K-12 and
community colleges in targeted
industry-driven programs offered
through the Economic and
Workforce Development Program.
Prior to the allocation of these
funds, the Chancellor of the
California Community Colleges,
in conjunction with the State
Department of Education, shall
submit a proposed
expenditure plan for the funds
contained in this item, and the
rationale therefor, to the
Department of Finance by August
1, 2008, for approval.
Of the funds appropriated in
Schedule (21), $2,500,000 is
available for the development
and enhancement of health-
related career pathway programs
in grades 7 to 12, inclusive,
and for the articulation and
alignment of health-related
curriculum between schools with
pupils in kindergarten and
grades 1 to 12, inclusive, and
the California Community
Colleges.
28. The funds appropriated in
Schedule (22) for the Campus
Childcare Tax Bailout shall be
allocated by the Chancellor of
the California Community
Colleges to community college
districts that levied child care
permissive override taxes in the
1977-78 fiscal year pursuant to
Sections 8329 and 8330 of the
Education Code in an amount
equal to the property tax
revenues, tax relief
subventions, and state aid
required to be made available by
the district to its child care
and development program for the
1979-80 fiscal year pursuant to
Section 30 of Chapter 1035 of
the Statutes of 1979, increased
by any cost-of-living increases
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
29. With regard to the funds
appropriated in Schedule (23),
Nursing Program Support, all of
the following shall apply:
(a) $14,000,000 shall be used
to provide support for
nursing program enrollment
and equipment needs
consistent with paragraph
(2) of subdivision (a) of
Section 2 of Chapter 514
of the Statutes of 2001.
Grant funding for nursing
enrollment shall provide a
marginal increase in
funding in addition to the
amount provided for each
full-time equivalent
student for regular growth
in apportionments.
(b) $8,100,000 shall be used
to provide diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
(d) The Board of Governors of
the California Community
Colleges shall develop a
request for applications
(RFA) to allocate the
additional $5,214,000 of
funds in subdivision (b)
to community college
districts. Criteria for
assessing each RFA shall
include all of the
following:
(1) The degree to which
the funds provided
would be used to
increase student
enrollment in
nursing programs
beyond the level of
full-time equivalent
students served in
the 2007-08 academic
year.
(2) The district's level
of attrition from
nursing programs and
the suitability of
planned expenditures
to address attrition
levels.
(3) The degree to which
funds provided would
be used to support
infrastructure or
equipment needs with
the intent of
building capacity
and increasing the
number of nursing
students served.
(4) For districts with
attrition rates of
15 percent or more,
new grant funding
shall focus on
attrition reduction.
For districts with
attrition rates
below 15 percent,
new grant
funding shall focus
on enrollment
expansion.
(e) The board of governors
shall release the RFA no
sooner than 30 days after
submitting it to the
Legislature and the
Department of Finance for
review.
(f) On or before March 1 of
each year, the Chancellor
of the California
Community Colleges shall
provide the Legislature
and the Department of
Finance with a report on
the allocation of funding.
For each district
receiving funding under
this item, the report
shall include all of the
following: (1) the amount
of funding received, (2)
the number of nursing full-
time equivalent students
served in the 2006-07
academic year, and the
additional number of
nursing full-time
equivalent students served
with funding provided in
this item in each
subsequent year, (3) the
district's attrition and
completion rates in the
2006-07 academic year and
subsequent years, (4) any
equipment or
infrastructure-related
items acquired with the
funds appropriated in this
item, and (5) the number
of new and existing
faculty receiving annual
stipend awards.
SEC. 20. Section 12.42 of the Budget
Act of 2008 (Chapters 268 and 269 of the Statutes of
2008), as added by Sec. 34 of Chapter 12 of the Statutes of 2009,
Third Extraordinary Session, is amended to read:
Sec. 12.42. (a) The amounts appropriated in the items set forth in
subdivision (b) are each hereby reduced by the percentage determined
by dividing 943,773,000 926,208,000 by
the sum of the amounts appropriated in the items set forth in
subdivision (b).
(b) Subdivision (a) shall apply to Items 6110-103-0001,
6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001,
6110-113-0001, 6110-119-0001, 6110-122-0001, 6110-123-0001,
6110-124-0001, 6110-125-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-158-0001,
6110-166-0001, 6110-167-0001, 6110-181-0001, 6110-182-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-220-0001, 6110-224-0001,
6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001,
6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001,
6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001,
6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-268-0001, as
amended by Chapter 269, Statutes of 2008 and 6360-101-0001 of Section
2.00 of the Budget Act of 2008.
SEC. 21. Section 42 of Chapter 12 of the Statutes
of 2009, Third Extraordinary Session is amended to read:
Sec. 42. (a) For the 2008-09 and 2009-10 fiscal years, in order to
provide local budgeting flexibility as a result of budget reductions
made by the Legislature for the 2008-09 and 2009-10 fiscal years,
the governing board of a school district or county office of
education may use for any educational purpose up to 100
percent of the balances, as of June 30, 2008, of restricted accounts
in its general fund or cafeteria fund , adult
education fund, deferred maintenance fund, and pupil transportation
equipment fund , excluding restricted reserves
committed for capital outlay, bond funds, sinking
funds, and federal funds, and excluding balances in the following
programs:
(1) Economic Impact Aid (Article 2 (commencing with Section 54020)
of Chapter 1 of Part 29 of Division 4 of Title 2 of the Education
Code).
(2) Targeted Instructional Improvement Grant (former Chapter 2.5
(commencing with Section 54200) of Part 29 of Division 4 of Title 2
of the Education Code).
(3) Instructional materials.
(4)
(2) Special education.
(5)
(3) Quality Education Investment Act of 2006 (Article
3.7 (commencing with Section 52055.700) of Chapter 6.1 of Part 28 of
Division 4 of Title 2 of the Education Code).
(6) California High School Exit Exam Intensive Intervention
Program.
(7)
(4) Home-to-school transportation.
(5) The English Language Learner Acquisition and Development Pilot
Program (Chapter 5 (commencing with Section 420) of Part 1 of
Division 1 of Title 1 of the Education Code) as funded pursuant to
paragraph (13) of subdivision (a) of Section 43 of Chapter 79 of the
Statutes of 2006.
(6) Child development.
(7) Child nutrition programs.
(b) For purposes of this section, balances of restricted accounts
do not include the amounts deferred from the 2006-07 fiscal year to
the 2007-08 fiscal year or the amounts deferred from the 2007-08
fiscal year to the 2008-09 fiscal year.
(c) A governing board shall not use the ending balance in any
restricted account if that use would violate a federal maintenance of
effort requirement.
(d) This section does not obligate the state to refund or repay
funds used pursuant to this section. If a school district uses an
ending balance in a restricted account that consists, in whole or in
part, of funds reimbursed to the district as a subvention of funds
for a state-mandated local program, the school district shall not
submit a claim to the state for a subsequent reimbursement of the
funds that were reimbursed pursuant to Section 6 of Article XIII B of
the California Constitution and used pursuant to the authority
granted to a school district pursuant to this section.
(e) A governing board that elects to use balances in restricted
accounts pursuant to this section shall report to the Superintendent,
in a manner determined by the Superintendent, regarding the programs
and amounts of restricted balances used pursuant to subdivision (a).
The Superintendent shall report statewide information and
information for each school district and county office of education
to the Joint Legislative Budget Committee by October 31,
2009 April 15, 2010 .
SEC. 22. It is the intent of the Legislature that
basic aid school districts assume categorical funding reductions
proportionate to the revenue limit reductions implemented for
nonbasic aid school districts in this act. The Superintendent of
Public Instruction shall reduce the amount of categorical funding
allocated to basic aid school districts in 2008-09 as follows:
(a) For 2008-09, the State Department of Education shall notify
each basic aid school district, by September 1, 2009, of the amount
of funds to be reduced from its categorical allocations and shall
calculate that amount as follows:
(1) Multiply each district's 2008-09 total revenue limit subject
to the deficit factor specified in paragraph (5) of subdivision (a)
of Section 42238.146 of the Education Code, calculated as of the
2008-09 certified second principal apportionment, by 3.53 percent.
(2) The department shall recover from categorical funds identified
in subdivision (b) and apportioned in 2009-10 to districts that were
basic aid school districts in the 2008-09 fiscal year, the lesser of
the amount calculated in paragraph (1) or the amount by which the
sum of the amounts described in subdivision (h) of Section 42238 of
the Education Code exceeds the district's revenue limit. This result
shall be further limited by the following:
(A) The amount of categorical funds to be reduced shall be limited
to the extent that the provisions of Section 41975 of the Education
Code cannot be met through other state aid.
(B) If the amount determined in
paragraph (1) exceeds the amount of categorical funding owed or paid
in the 2009-10 fiscal year to the basic aid school district for
programs identified in subdivision (b), then the department shall
recover the lesser amount.
(b) The department shall recover the amount of funds calculated in
subdivision (a) and may offset funds for any categorical program to
be received in the 2009-10 fiscal year, with the exception of special
education, the After School Education and Safety program, the
Quality Education Investment Act, and child care and development.
(c) By June 30, 2010, the department shall report to the
Controller and the Director of Finance the amounts that were
recovered from each categorical education program and the
corresponding item of appropriation in the Budget Act of 2008 that is
to be reduced. The amounts so reduced shall revert to the unexpended
balance of the General Fund. The reductions pursuant to this
subdivision shall be reductions in the amount appropriated for
purposes of Section 8 of Article XVI of the California Constitution
for the 2008-09 fiscal year.
(d) For purposes of this section, "basic aid school district"
means a school district that does not receive from the state, for the
2008-09 fiscal year, an apportionment of state funds pursuant to
subdivision (h) of Section 42238 of the Education Code.
SEC. 23. Notwithstanding any other law, for the
2008-09 to the 2012-13 fiscal years, inclusive, school districts
shall not be required to deposit in their deferred maintenance fund,
established pursuant to Section 17582 of the Education Code, the
amount specified in subdivision (b) of Section 17584.
SEC. 24. The sum of eight million two hundred and
sixty-seven thousand dollars ($8,267,000) is hereby appropriated to
the State Department of Education for the charter school categorical
block grant for the purpose of funding the calculation specified in
paragraph (2) of subdivision (c) of Section 47634.1 of the Education
Code for the 2008-09 fiscal year, provided that the total amount
allocated to charter schools for the purpose of funding the
calculation specified in paragraph (1) of subdivision (c) of Section
47634.1 of the Education Code in 2008-09 is the result of applying
the same proportional cut that other categorical programs received
pursuant to Section 12.42 of the Budget Act of 2008.
SEC. 25. Notwithstanding any other law, one
hundred seven million nine hundred nine thousand dollars
($107,909,000) is reduced from the amount appropriated to the High
Priority Schools Grant Program in Schedule (1) of Item 6110-123-0001
of Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
SEC. 26. The Legislature finds and declares that
Section 15 of this act furthers the purpose of the California State
Lottery Act of 1984.
SEC. 27. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to make the necessary statutory changes to implement the
Budget Act of 2008 before the end of the fiscal year, it is necessary
that this act take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.
