Amended  IN  Senate  January 11, 2018
Amended  IN  Senate  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 816

Introduced by Committee on Education (Senators Allen (Chair), Galgiani, Leyva, Mendoza, Pan, Vidak, and Wilk)

May 08, 2017

An act to amend Sections 8483.7, 8483.76, 33000.5, 49063, 49431, 49431.2, 60119, and 60210 of the Education Code, relating to elementary and secondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 816, as amended, Committee on Education. Elementary and secondary education: omnibus revisions.

(1)Existing law establishes the After School Education and Safety Program (ASES), under which participating schools are awarded grants to operate before and after school programs during schooldays and summer, intersession, or vacation days in accordance with specified requirements. Existing law provides for the allocation of grants to participating schools to implement federal 21st Century Community Learning Centers programs in accordance with the requirements of ASES, except as specified. Existing law provides that a school that establishes specified programs pursuant to ASES is eligible to receive a summer grant, as specified, and establishes a maximum annual award amount pursuant to those provisions.

This bill would revise the maximum annual award amount of the summer grant authorized pursuant to those provisions.

(2)

(1) Existing law establishes the State Board of Education and provides that the state board consists of 10 members who are appointed by the Governor with the advice and consent of 2/3 of the Senate. Existing law requires the Governor to also appoint a student member to the state board with the advice and consent of 2/3 of the Senate, and prescribes the process for selecting candidates for the student member.
This bill would revise and recast the provisions prescribing the process for selecting the student member. The bill would require the state board, each year, to notify every school district that applications are being accepted for the student member’s position. The bill would require a screening committee of the state board to select 12 semifinalists for the position, would require those semifinalists to be presented to the California Association of Student Councils, and would require the California Association of Student Councils to select a maximum of 6 final candidates for presentation to the state board. The bill would require the state board, each year, to select 3 finalists for the Governor’s consideration and would authorize the state board to rank the finalists according to its preference.

(3)

(2) Existing federal law establishes nutritional standards for all food and beverages, other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act and the federal Child Nutrition Act of 1966, available for sale to pupils on the school campus during the schoolday. Existing state law establishes nutritional standards for all food and beverages sold or served to pupils in elementary, middle, and high school. Existing law requires that not more than 35% of the total calories of specified foods sold to pupils be from fat, and requires that less than 10% of the total calories of those foods be from saturated fat. Existing law exempts certain foods from these requirements.
This bill would update state law to conform to the federal nutritional standards by adding eggs to the foods exempted from the requirements relating to calories from fat and saturated fat.

(4)

(3) Existing law requires, as a condition of receipt of specified funds for instructional materials, the governing board of a school district to take specified actions, including holding a public hearing or hearings at which the governing board of the school district encourages participation by parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders, and makes a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks or instructional materials, or both, that are aligned to specified content standards in each of specified subjects.
This bill would instead require, as a condition of receipt of those funds, the governing board of a school district, at the public hearing or hearings, to make a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks or instructional materials, or both, that are aligned to the content standards adopted by the State Board of Education in each of specified subjects.

(5)

(4) Existing law provides that instructional materials for mathematics that are aligned to common core academic content standards developed by the Common Core State Standards Initiative consortium, as specified, shall be deemed to be aligned to certain content standards adopted for specified purposes.
This bill would also deem instructional materials for English language arts that are aligned to the common core academic content standards developed by the consortium to be aligned to the content standards adopted for the same purposes.

(6)

(5) This bill would make conforming and clarifying changes, delete obsolete provisions, correct and update cross-references, and make other nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 8483.7 of the Education Code is amended to read:
8483.7.

(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.

(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:

(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.

(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.

(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.

(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.

(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.

(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.

(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.

(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical support required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:

(I)Demonstrate measurable program outcomes pursuant to Section 8484.

(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.

(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.

(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.

(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):

(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.

(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.

(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.

(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.

(5)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.

(6)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.

(7)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.

(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.

(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.

(c)Up to 15 percent of the initial year’s grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipient’s total funding above the approved grant amount.

(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.

(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.

SEC. 2.Section 8483.76 of the Education Code is amended to read:
8483.76.

(a)A school that establishes a program pursuant to Section 8483.7 or 8483.75 is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, weekends, intersession, or vacation periods for a maximum of 30 percent of the total amount awarded in After School Education and Safety Program and 21st Century Community Learning Centers program grants, per school year, to the school.

(b)An existing after school summer grantee may operate a three-hour or a six-hour per day program. If the grantee operates a six-hour per day program, the target attendance level for the purpose of grant reductions pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7 shall be computed as if the grant award were based upon the lesser of fifteen dollars ($15) per day of pupil attendance or 30 percent of the total grant awarded to the school per school year.

(c)A summer grantee that operates a program pursuant to this section may change the location of the program to address the needs of pupils and school closures. The program may be conducted at an offsite location or at an alternate schoolsite. The summer grantee shall give notice to the department of the change of location and shall include a plan to provide safe transportation pursuant to Section 8484.6.

(d)A summer grantee that operates a program pursuant to this section may open eligibility to every pupil attending a school in the school district. Priority for enrollment shall be given to the pupils enrolled in the school that receives the grant.

(e)A summer grantee operating a six-hour per day program shall provide for each needy pupil at least one nutritionally adequate free or reduced-price meal during each program day.

(f)A summer grantee that operates a six-hour per day program is required to submit, for prior approval by the department, a revised program plan that includes all of the following:

(1)A plan for provision of the free or reduced-price meal required by subdivision (e).

(2)An attendance and early release policy for the program that is consistent with the local educational agency’s early release policy for the regular schoolday.

SEC. 3.SECTION 1.

 Section 33000.5 of the Education Code is amended to read:

33000.5.
 (a) Notwithstanding Sections 33000 and 33001, the Governor shall also appoint a student member to the state board with the advice and consent of two-thirds of the Senate.
(b) The term of office of the student member is one year, and shall begin on August 1. An individual may serve only one term as a student member.
(c) Notwithstanding Section 1020 of the Government Code, the student member shall be, at the time the student member’s one-year term commences, a student enrolled in good standing in grade 12 in a public high school. The student member shall be selected from three students recommended by the state board pursuant to subdivision (d). The student member shall be a voting member with the full rights and duties of the other 10 members of the state board.
(d) The process for selecting the student member shall be as follows:
(1) Each year, the state board shall notify every school district that applications are being accepted for the student member’s position.
(2) A screening committee of the state board shall select 12 semifinalists for the student member’s position. Those semifinalists shall be presented to the California Association of Student Councils, which shall select a maximum of six final candidates for presentation to the state board.
(3) Each year, the state board shall select three finalists for the Governor’s consideration and may rank the finalists according to its preference.

SEC. 4.SEC. 2.

 Section 49063 of the Education Code is amended to read:

49063.
 School districts shall notify parents in writing of their rights under this chapter upon the date of the pupil’s initial enrollment, and thereafter at the same time as notice is issued pursuant to Section 48980. The notice shall be, insofar as is practicable, in the home language of the pupil. The notice shall take a form that reasonably notifies parents of the availability of the following specific information:
(a) The types of pupil records and information contained therein that are directly related to pupils and maintained by the institution.
(b) The position of the official responsible for the maintenance of each type of record.
(c) The location of the log or record required to be maintained pursuant to Section 49064.
(d) The criteria to be used by the school district in defining “school officials and employees” and in determining “legitimate educational interest” as used in Section 49064 and paragraph (1) of subdivision (a) of Section 49076.
(e) The policies of the institution for reviewing and expunging those records.
(f) The right of the parent to access to pupil records.
(g) The procedures for challenging the content of pupil records.
(h) The cost, if any, that will be charged to the parent for reproducing copies of records.
(i) The categories of information that the institution has designated as directory information pursuant to Section 49073.
(j) Any other rights and requirements set forth in this chapter, and the right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school district to comply with the provisions of Section 444 of the General Education Provisions Act (20 U.S.C. Sec. 1232g).
(k) The availability of the prospectus prepared pursuant to Section 49091.14.

SEC. 5.SEC. 3.

 Section 49431 of the Education Code is amended to read:

49431.
 (a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards:
(1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.
(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.
(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.
(4) Contains less than 0.5 grams of trans fat per serving.
(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.
(6) Contains not more than 200 calories per individual food item.
(b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances:
(1) The sale of those items takes place off of and away from school premises.
(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5.

SEC. 6.SEC. 4.

 Section 49431.2 of the Education Code is amended to read:

49431.2.
 (a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards:
(1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.
(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.
(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.
(4) Contains less than 0.5 grams of trans fat per serving.
(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.
(6) Contains not more than 200 calories per individual food item.
(b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards:
(A) Contains not more than 400 calories per entrée item.
(B) Not more than 35 percent of its total calories shall be from fat.
(C) Contains less than 0.5 grams trans fat per serving.
(D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program.
(2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards:
(A) Not more than 35 percent of its total calories shall be from fat.
(B) Less than 10 percent of its calories shall be from saturated fat.
(C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar.
(D) Contains less than 0.5 grams of trans fat per serving.
(E) Contains not more than 480 milligrams of sodium.
(F) Contains not more than 350 calories.
(c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances:
(1) The sale of those items takes place off of and away from school premises.
(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section.

SEC. 7.SEC. 5.

 Section 60119 of the Education Code is amended to read:

60119.
 (a) In order to be eligible to receive funds available for purposes of this article, the governing board of a school district shall take the following actions:
(1) (A) The governing board of a school district shall hold a public hearing or hearings at which the governing board shall encourage participation by parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders, and shall make a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks or instructional materials, or both, that are aligned to the content standards adopted by the state board in each of the following subjects, as appropriate, that are consistent with the content and cycles of the curriculum framework adopted by the state board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English language arts, including the English language development component of an adopted program.
(B) The public hearing shall take place on or before the end of the eighth week from the first day pupils attend school for that year. A school district that operates schools on a multitrack, year-round calendar shall hold the hearing on or before the end of the eighth week from the first day pupils attend school for that year on any tracks that begin a school year in August or September.
(C) As part of the hearing required pursuant to this section, the governing board of a school district also shall make a written determination as to whether each pupil enrolled in a foreign language or health course has sufficient textbooks or instructional materials that are consistent with the content and cycles of the curriculum frameworks adopted by the state board for those subjects. The governing board of a school district also shall determine the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12, inclusive. The provision of the textbooks, instructional materials, or science equipment specified in this subparagraph is not a condition of receipt of funds provided by this subdivision.
(2) (A) If the governing board of a school district determines that there are insufficient textbooks or instructional materials, or both, the governing board shall provide information to classroom teachers and to the public setting forth, in the resolution, for each school in which an insufficiency exists, the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area and the reasons that each pupil does not have sufficient textbooks or instructional materials, or both, and take any action, except an action that would require reimbursement by the Commission on State Mandates, to ensure that each pupil has sufficient textbooks or instructional materials, or both, within two months of the beginning of the school year in which the determination is made.
(B) In carrying out subparagraph (A), the governing board of a school district may use moneys in any of the following funds:
(i) Any funds available for textbooks or instructional materials, or both, from categorical programs, including any funds allocated to school districts that have been appropriated in the annual Budget Act.
(ii) Any funds of the school district that are in excess of the amount available for each pupil during the prior fiscal year to purchase textbooks or instructional materials, or both.
(iii) Any other funds available to the school district for textbooks or instructional materials, or both.
(b) The governing board of a school district shall provide 10 days’ notice of the public hearing or hearings set forth in subdivision (a). The notice shall contain the time, place, and purpose of the hearing and shall be posted in three public places in the school district. The hearing shall be held at a time that will encourage the attendance of teachers and parents and guardians of pupils who attend the schools in the school district and shall not take place during or immediately following school hours.
(c) (1) For purposes of this section, “sufficient textbooks or instructional materials” means that each pupil, including English learners, has a standards-aligned textbook or instructional materials, or both, to use in class and to take home. This paragraph does not require two sets of textbooks or instructional materials for each pupil. The materials may be in a digital format as long as each pupil, at a minimum, has and can access the same materials in the class and to take home, as all other pupils in the same class or course in the school district and has the ability to use and access them at home.
(2) Sufficient textbooks or instructional materials as defined in paragraph (1) do not include photocopied sheets from only a portion of a textbook or instructional materials copied to address a shortage.
(d) The governing board of a school district that receives funds for instructional materials from any state source is subject to the requirements of this section.
(e) For the purpose of transitioning to instructional materials that are aligned with the common core academic content standards and science content standards, it is the intent of the Legislature that textbooks, instructional materials, and supplemental instructional materials be deemed to be aligned with the content standards pursuant to subdivisions (a) and (c), and be deemed consistent with the content and cycles of the curriculum framework adopted by the state board pursuant to subdivision (a) if the textbooks, instructional materials, supplemental instructional materials, or a combination of any such materials are aligned to the content standards adopted pursuant to Section 60605 or 60605.8, or former Section 60605.85, as that section read on June 30, 2014.

SEC. 8.SEC. 6.

 Section 60210 of the Education Code is amended to read:

60210.
 (a) Notwithstanding any other law, a local educational agency may use instructional materials that are aligned with the academic content standards adopted pursuant to Section 60605 or 60605.8, or former Section 60605.85, as that section read on June 30, 2014, including instructional materials that have not been adopted by the state board pursuant to Section 60200.
(b) Instructional materials for mathematics and English language arts that are aligned to common core academic content standards developed by the Common Core State Standards Initiative consortium pursuant to Section 60605.7 shall be deemed to be aligned to the content standards adopted pursuant to Section 60605 or 60605.8 for purposes of Section 60119.
(c) If a local educational agency chooses to use instructional materials that have not been adopted by the state board, the local educational agency shall ensure that a majority of the participants of any review process conducted by the local educational agency are classroom teachers who are assigned to the subject area or grade level of the materials.