Bill Text: CA SB85 | 2021-2022 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Budget Act of 2020.
Spectrum: Committee Bill
Status: (Passed) 2021-04-13 - Chaptered by Secretary of State. Chapter 14, Statutes of 2021. [SB85 Detail]
Download: California-2021-SB85-Enrolled.html
Bill Title: Budget Act of 2020.
Spectrum: Committee Bill
Status: (Passed) 2021-04-13 - Chaptered by Secretary of State. Chapter 14, Statutes of 2021. [SB85 Detail]
Download: California-2021-SB85-Enrolled.html
Enrolled
April 12, 2021 |
Passed
IN
Senate
April 12, 2021 |
Passed
IN
Assembly
April 12, 2021 |
Amended
IN
Assembly
April 08, 2021 |
Amended
IN
Assembly
February 17, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 85
Introduced by Committee on Budget and Fiscal Review |
December 16, 2020 |
An act to amend the Budget Act of 2020 (Chapters 6 and 7 of the Statutes of 2020) by amending
Items 0690-101-0001, 3540-001-0001, 3540-003-3228, 4700-490, 5180-101-0001, 5180-101-0890, 5180-111-0001, 5180-151-0001, 5180-151-0890, 6100-001-0001, 6100-001-0890, 6100-104-0890, 6100-112-0890, 6100-119-0890, 6100-125-0890, 6100-134-0890, 6100-161-0890, 6100-166-0890, 6100-194-0890, 6100-195-0890, 6100-197-0890, 6100-488, and 8570-101-0001 of, and adding Items 0509-112-0001, 0650-101-0001, 3125-001-0001, 3480-101-0001, 3540-101-0001, 3540-101-3228, 3600-005-0001, 3760-102-0001, 3790-003-0001, 3810-102-0001, 3825-102-0001, 3845-102-0001, 3855-101-0001, 6120-140-0001 and 8570-002-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.
LEGISLATIVE COUNSEL'S DIGEST
SB 85, Committee on Budget and Fiscal Review.
Budget Act of 2020.
The Budget Act of 2020 made appropriations for the support of state government for the 2020–21 fiscal year.
This bill would amend the Budget Act of 2020 by amending and adding items of appropriation and making other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Item 0509-112-0001 is added to Section 2.00 of the Budget Act of 2020, to read:0509-112-0001—For transfer, upon order of the Director of Finance, to the Climate Catalyst Revolving Loan Fund
........................
| 16,000,000 | ||||||
Provisions: | |||||||
1. | The funds appropriated in this item shall be available for transfer until June 30, 2022. |
SEC. 2.
Item 0650-101-0001 is added to Section 2.00 of the Budget Act of 2020, to read:0650-101-0001—For local assistance, Office of Planning and Research
........................
| 3,000,000 | ||||||
Schedule: | |||||||
(1) | 0360-State Planning and Policy Development ........................ | 3,000,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item are available for support or local assistance and shall be used to (a) develop a framework for the state’s wood utilization policies and priorities, (b) support new long-term wood feedstock pilot projects, (c) spur innovation in the wood sector, (d) partner with the IBank to develop a focused market strategy, and (e) complete a statewide wood products workforce assessment. These funds are available for expenditure or encumbrance until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | Not more than 5 percent of the amount appropriated in this item may be used for administrative costs. |
SEC. 3.
Item 0690-101-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:0690-101-0001—For local assistance, Office of Emergency Services
........................
| 83,905,000 | ||||||
Schedule: | |||||||
(1) | 0380-Emergency Management Services
........................
| 25,000,000 | |||||
(2) | 0385-Special Programs and Grant Management
........................
| 58,905,000 | |||||
Provisions: | |||||||
1. | Notwithstanding any other law, the Office of Emergency Services may provide advance payment of up to 25 percent of grant funds awarded to community-based, nonprofit organizations, cities, school districts, counties, and other units of local government that have demonstrated cashflow problems according to the criteria set forth by the Office of Emergency Services. | ||||||
2. | Of the amount appropriated in Schedule (2), $10,000,000 shall be used for grants related to services for
victims of human trafficking. | ||||||
3. | The amount appropriated in Schedule (1) is available to support activities directly related to regional response and readiness. These activities include, but are not limited to, predeployment of the Office of Emergency Services’ fire and rescue and local government resources that are part of the California Fire and Rescue Mutual Aid System or additional resources upon the authority and approval of the Office of Emergency Services to meet the requirements for state resources called up for predisaster and disaster response. Prepositioning shall be based upon predesignated criteria and a predicted scale of the emergency event and shall be consistent with this state’s current procedures under the mutual aid system. | ||||||
4. | No later than February 1 of each year, the Office of Emergency Services shall report to the appropriate budget subcommittees of the Legislature, the Assembly Committee on Governmental Organization, and the Legislative Analyst’s Office on the requests approved for prepositioning resources made by local agencies in the previous fiscal year. The information provided shall be organized by mutual aid region and shall include, but not be limited to, all of the following for each request for prepositioning resources: | ||||||
(a) | The entity or operational area that requested resources; type of prepositioning event; risk factors (criteria) prompting the request, including a summary of red flag events; description of the
resources requested; location where resources were placed; the start date and time and the end date and time of prepositioned resources; and the reimbursement amount associated with the response. | ||||||
(b) | An assessment, with input from local fire departments, on the effectiveness of the criteria the Office of Emergency Services uses to approve requests for prepositioning of mutual aid resources. | ||||||
(c) | A summary of the extent to which the Office of Emergency Services initiated the prepositioning of resources due to forecasts of inclement weather. | ||||||
(d) | If an emergency event happened, data describing the outcomes of the event. This could include, but is not limited to, the total number of acres affected, the number of structures affected, and the total number of deaths and injuries. Given California is subject to a variety of potential events, including, but not limited to, fires, floods, earthquakes, and tsunamis, the nature of this information may vary based on the type of the event. The information provided shall identify whether the event resulted in a federally- or state-declared disaster. | ||||||
5. | Of the amount appropriated in Schedule (2), $5,000,000 shall be used to fund Internet Crimes Against Children Task Forces. No more than 5 percent of this amount may be used for administrative support costs. This amount is available for encumbrance or expenditure until June 30, 2022. | ||||||
6. | Of the amount appropriated in Schedule (2), $21,924,000 shall be available to the Office of Emergency Services for the purposes of establishing a financial assistance program to help low-income and disadvantaged homeowners, as defined by program guidelines, and implement structure hardening, as defined in Section 8654.3 of the Government Code, as part of a community-wide home hardening program or effort. This funding is available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. Not more than 5 percent of this amount may be used for administrative support costs. |
SEC. 4.
Item 3125-001-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3125-001-0001—For support of California Tahoe Conservancy
........................
| 1,000,000 | ||||||
Schedule: | |||||||
(1) | 2340-Tahoe Conservancy ........................ | 1,000,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item shall be available for support or local assistance, and shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. |
SEC. 5.
Item 3480-101-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3480-101-0001—For local assistance, Department of Conservation
........................
| 50,000,000 | ||||||
Schedule: | |||||||
(1) | 2430-Land Resource Protection ........................ | 50,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | The Department of Conservation is exempted from any applicable provision of law requiring competitive bidding and the supervision or approval of another department or agency of state government, with the exception of the Department of General Services. This exemption is limited to the procurement of or contracting with vendors for forest health, fire prevention, fuels reduction, vegetation management, or environmental review, for fire prevention or post fire vegetation restoration projects funded from the amount appropriated in this item. | ||||||
3. | Not more than 5 percent of the amount available in this item may be used for administrative support costs. |
SEC. 6.
Item 3540-001-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:3540-001-0001—For support of Department of Forestry and Fire Protection
........................
| 1,279,702,000 | ||||||
Schedule: | |||||||
(1) | 2461-Office of the State Fire Marshal
........................
| 26,772,000 | |||||
(2) | 2465-Fire Protection
........................
| 1,721,258,000 | |||||
(3) | 2470-Resource Management
........................
| 136,957,000 | |||||
(4) | 2475-Board of Forestry and Fire Protection
........................
| 360,000 | |||||
(5) | 2480-Department of Justice Legal Services
........................
| 6,828,000 | |||||
(6) | 9900100-Administration
........................
| 143,518,000 | |||||
(7) | 9900200-Administration—Distributed
........................
| −143,203,000 | |||||
(8) | Reimbursements to 2461-Office of the State Fire Marshal
........................
| −19,977,000 | |||||
(9) | Reimbursements to 2465-Fire Protection
........................
| −590,943,000 | |||||
(10) | Reimbursements to 2470-Resource Management
........................
| −1,553,000 | |||||
(11) | Reimbursements to 9900100-Administration
........................
| −315,000 | |||||
Provisions: | |||||||
1. | Notwithstanding any other law, the Director of Finance may authorize the temporary or permanent redirection of funds from this item for purposes of emergency fire suppression and detection costs and related emergency revegetation costs, except that $5,076,000 of the funds appropriated in Schedule (2) and $120,000,000 of the funds appropriated in Schedule (3), as specified in Provision 8, for fire prevention and
forest health purposes shall not be redirected for purposes of emergency fire suppression and detection costs. | ||||||
2. | Notwithstanding any other law, the Director of Finance may authorize a loan from the General Fund, in an amount not to exceed 45 percent of reimbursements appropriated in Schedule (9) of this item, to the Department of Forestry and Fire Protection, provided that: | ||||||
(a) | The loan is to meet cash needs resulting from the delay in receipt of reimbursements for services provided. | ||||||
(b) | The loan is for a short term and shall be repaid by November 15 of the fiscal year following that in which the loan was authorized. | ||||||
(c) | Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. | ||||||
(d) | Within 10 days after approval, the Director of Finance shall notify the Joint Legislative Budget Committee of the loan approved pursuant to this provision. | ||||||
3. | The Director of Finance may adjust amounts in Schedule (2) to provide equivalent fire protection base funding changes to contract counties in accordance with Section 4130 of the Public Resources Code. | ||||||
4. | Notwithstanding any other law, the funds appropriated in this item for purposes of Division 10.5 (commencing with Section 12200) of the Public Resources Code shall be available for purposes of support or capital outlay. | ||||||
5. | Notwithstanding any other law, the Director of Finance may adjust this item for the direct and indirect cost reimbursements received pursuant to Sections 4142 and 4144 of the Public Resources Code. Any increase shall occur no sooner than 30 days after notification in writing of the necessity of the increase to the Joint Legislative Budget Committee, or not sooner than whatever lesser time after notification the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, may in each instance determine. | ||||||
6. | Notwithstanding any other law, the Department of Forestry and Fire Protection may provide
contractual services pursuant to Sections 4142 and 4144 of the Public Resources Code without an executed agreement from July to September of each fiscal year to better align contract start times with the budget process and to finalize staff benefit rates that are dependent upon actions by the Public Employees’ Retirement System and passage of the annual Budget Act. | ||||||
7. | Notwithstanding any other law and administrative procedure, the Department of Forestry and Fire Protection may amend its pilot and mechanic contract, along with its parts contract, for both scope changes and contracted amounts to address unanticipated workload resulting from higher than anticipated demand for these contracted services. The Department of Finance may augment
this item and authorize expenditures in excess of the amounts appropriated in this item no sooner than 30 days after providing notification in writing of the necessity therefor to the chairperson of the committee in each house of the Legislature that considers appropriations, the chairpersons of the committees and the appropriate subcommittees in each house of the Legislature that consider the budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the designee, may in each instance determine. | ||||||
8. | Of the amount appropriated in this item, $5,076,000 of the funds in Schedule (2) and $120,000,000 of the funds in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2023, and for liquidation until June 30, 2025. | ||||||
9. | The Department of Forestry and Fire Protection is exempted from any applicable provision of law requiring competitive bidding and the supervision or approval of another department or agency of state government, with the exception of the Department of General Services. This exemption is limited to the procurement of or contracting with vendors for forest health, fire prevention, fuels reduction, vegetation management, or environmental review, for fire prevention or post fire vegetation restoration projects funded from the amounts specified in Provision 8. | ||||||
10. | Of the amount appropriated in Schedule (3), $73,000,000 is for the Fire Prevention Grants program. This funding shall be available to benefit communities throughout the state regardless of vegetation type or types found within a project area. The funding shall be awarded using criteria that maintains fire risk severity as the primary factor, and then prioritizes projects that protect a larger population base or number of structures relative to the size of the grant. In addition, the Department of Forestry and Fire Protection shall conduct outreach to potential grant applicants in areas of the state that have historically had a low application or participation rate in the Fire Prevention Grants program. No later than February 1, 2022, the Department of Forestry and Fire Protection shall report to the Legislature by county on the number and dollar amount of applications received and grants awarded pursuant to the Fire Prevention Grants program. |
SEC. 7.
Item 3540-003-3228 of Section 2.00 of the Budget Act of 2020 is amended to read:3540-003-3228—For support of Department of Forestry and Fire Protection, payable from the Greenhouse Gas Reduction Fund
........................
| 35,000,000 | ||||||
Schedule: | |||||||
(1) | 2470-Resource Management
........................
| 35,000,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item shall be used consistent with subdivision (b) of Section 45 of Chapter 626 of the Statutes of 2018 (SB 901). | ||||||
SEC. 8.
Item 3540-101-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3540-101-0001—For local assistance, Department of Forestry and Fire Protection
........................
| 96,000,000 | ||||||
Schedule: | |||||||
(1) | 2470-Resource Management ........................ | 96,000,000 | |||||
Provisions: | |||||||
1. | The amount available in this item shall be available for encumbrance or expenditure until June 30, 2023, and for liquidation until June 30, 2025. |
SEC. 9.
Item 3540-101-3228 is added to Section 2.00 of the Budget Act of 2020, to read:3540-101-3228—For local assistance, Department of Forestry and Fire Protection, payable from the Greenhouse Gas Reduction Fund
........................
| 125,387,000 | ||||||
Schedule: | |||||||
(1) | 2470-Resource Management ........................ | 125,387,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item shall be used consistent with subdivision (a) of Section 45 of Chapter 626 of the Statutes of 2018 (SB 901). | ||||||
2. | The funds appropriated in this item shall be available for encumbrance or expenditure until June 30, 2023. | ||||||
3. | The funds appropriated in this item shall not be subject to subdivision (b) of Section 15.14. | ||||||
4. | Of the amount appropriated in this item, $50,000,000 is for the Fire Prevention Grants program. This funding shall be available to benefit communities throughout the state regardless of vegetation type or types found within a project area. The funding shall be awarded using criteria that maintains fire risk severity as the primary factor and then prioritizes projects that protect a larger population base or number of structures relative to the size of the grant. In addition, the Department of Forestry and Fire Protection shall conduct outreach to potential grant applicants in areas of the state that have historically had a low application or participation rate in the Fire Prevention Grants program. No later than February 1, 2022, the Department of Forestry and Fire Protection shall report to the Legislature by county on the number and dollar amount of applications received and grants awarded pursuant to the Fire Prevention Grants program. |
SEC. 10.
Item 3600-005-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3600-005-0001—For support of Department of Fish and Wildlife
........................
| 15,000,000 | ||||||
Schedule: | |||||||
(1) | 2590-Biodiversity Conservation Program ........................ | 15,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | The Department of Fish and Wildlife is exempted from any applicable provision of law requiring competitive bidding and the supervision or approval of another department or agency of state government, with the exception of the Department of General Services. This exemption is limited to the procurement of or contracting with vendors for forest health, fire prevention, fuels reduction, vegetation management, or environmental review, for fire prevention or post fire vegetation restoration projects funded from the amount appropriated in this item. |
SEC. 11.
Item 3760-102-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3760-102-0001—For support of State Coastal Conservancy
........................
| 12,000,000 | ||||||
Schedule: | |||||||
(1) | 2805032-Conservancy Programs ........................ | 12,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | Not more than 5 percent of the amount available in this item may be used for administrative support costs. |
SEC. 12.
Item 3790-003-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3790-003-0001—For support of Department of Parks and Recreation
........................
| 15,000,000 | ||||||
Schedule: | |||||||
(1) | 2840-Support of the Department of Parks and Recreation ........................ | 15,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | The Department of Parks and Recreation is exempted from any applicable provision of law requiring competitive bidding and the supervision or approval of another department or agency of state government, with the exception of the Department of General Services. This exemption is limited to the procurement of or contracting with vendors for forest health, fire prevention, fuels reduction, vegetation management, or environmental review, for fire prevention or post fire vegetation restoration projects funded from the amount appropriated in this item. |
SEC. 13.
Item 3810-102-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3810-102-0001—For support of Santa Monica Mountains Conservancy
........................
| 12,000,000 | ||||||
Schedule: | |||||||
(1) | 2940-Santa Monica Mountains Conservancy ........................ | 12,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | Not more than 5 percent of the amount available in this item may be used for administrative support costs. |
SEC. 14.
Item 3825-102-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3825-102-0001—For support of San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
........................
| 12,000,000 | ||||||
Schedule: | |||||||
(1) | 2990-San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy ........................ | 12,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | Not more than 5 percent of the amount available in this item may be used for administrative support costs. |
SEC. 15.
Item 3845-102-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3845-102-0001—For support of San Diego River Conservancy
........................
| 12,000,000 | ||||||
Schedule: | |||||||
(1) | 3140-San Diego River Conservancy ........................ | 12,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | Not more than 5 percent of the amount available in this item may be used for administrative support costs. |
SEC. 16.
Item 3855-101-0001 is added to Section 2.00 of the Budget Act of 2020, to read:3855-101-0001—For local assistance, Sierra Nevada Conservancy
........................
| 20,000,000 | ||||||
Schedule: | |||||||
(1) | 3220-Sierra Nevada Conservancy ........................ | 20,000,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item shall be available for encumbrance or expenditure until June 30, 2022, and for liquidation until June 30, 2025. | ||||||
2. | Not more than 5 percent of the amount available in this item may be used for administrative support costs. |
SEC. 17.
Item 4700-490 of Section 2.00 of the Budget Act of 2020 is amended to read:4700-490—Reappropriation, Department of Community Services and Development. The balances of the appropriations provided in the following citations are reappropriated for the purposes provided for in those appropriations and shall be available for encumbrance or expenditure until June 30, 2022. | |||||||
3228—Greenhouse Gas Reduction Fund | |||||||
(1) | Notwithstanding Provision 2 of Item 4700-101-3228 of the Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017), as added by Chapter 249 of the Statutes of 2017, $750,000 of the unexpended balance of that item shall be used for the purpose of state operations, including personal services and operating expenses and equipment. |
SEC. 18.
Item 5180-101-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:5180-101-0001—For local assistance, State Department of Social Services
........................
| 3,221,049,000 | ||||||
Schedule: | |||||||
(1) | 4270010-CalWORKs
........................
| 2,662,975,000 | |||||
(2) | 4270019-Other Assistance Payments
........................
| 558,509,000 | |||||
(3) | Reimbursements to 4270010-CalWORKs
........................
| −335,000 | |||||
Provisions: | |||||||
1. | (a) | Funds appropriated in this item shall not be encumbered unless every rule or regulation adopted and every all-county letter issued by the State Department of Social Services that adds to the costs of any program is approved by the
Department of Finance as to the availability of funds before it becomes effective. In making the determination as to availability of funds to meet the expenditures of a rule, regulation, or all-county letter that would increase the costs of a program, the Department of Finance shall consider the amount of the proposed increase on an annualized basis, the effect the change would have on the expenditure limitations for the program set forth in this act, the extent to which the rule, regulation, or all-county letter constitutes a deviation from the premises under which the expenditure limitations were prepared, and any additional factors relating to the fiscal integrity of the program or the state’s fiscal situation. | |||||
(b) | Notwithstanding Sections 28.00 and 28.50, the availability of funds contained in this
item for rules, regulations, or all-county letters that add to program costs funded from the General Fund in excess of $500,000 on an annual basis, including those that are the result of a federal regulation, but excluding those that are (1) specifically required as a result of the enactment of a federal or state law or (2) included in the appropriation made by this act, shall not be approved by the Department of Finance sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or sooner than such lesser time after notification as the chairperson of the joint committee, or the chairperson’s designee, may in each instance determine. | ||||||
2. | Notwithstanding Chapter 1 (commencing with
Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $500,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to: (a) cover the costs of a program or programs when the federal funds have not been received or funds in any subaccount within the Local Revenue Fund have not been deposited prior to the usual time for the state to transmit payment to the counties or (b) ensure cash disbursement needs in this item are met when abatements have not yet posted in time for disbursement. For this purpose, the Department of Finance may authorize an augmentation to this item to ensure cash disbursement requirements are met. This loan from the General Fund shall be repaid when the federal funds or the funds for any subaccounts within the Local Revenue Fund for the program or programs becomes available. | ||||||
3. | The Department of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the costs of the administrative hearing process associated with the CalWORKs program. | ||||||
4. | (a) | The Department of Finance is authorized to approve expenditures in those amounts made necessary by changes in either caseload or payments, including, but not limited to, the timing of federal payments, or any rule or regulation adopted and any all-county letter issued as a result of the enactment of a federal or state law, the adoption of a federal regulation, or a court action, during the 2020–21 fiscal year that are within or in excess of amounts appropriated in this act for that year. | |||||
(b) | If the Department of Finance determines that the estimate of expenditures will exceed the expenditures authorized for this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law. | ||||||
5. | Nonfederal funds appropriated in this item which have been budgeted to meet the state’s Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) shall not be expended
in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. | ||||||
6. | In the event of a declared disaster and upon county request, the State Department of Social Services may act in the place of any county and assume direct responsibility for the administration of eligibility and grant determination. The Department of Finance may authorize the transfer of funds from this item and Item 5180-101-0890 to Items 5180-001-0001 and 5180-001-0890, for this purpose. | ||||||
7. | Pursuant to the Electronic Benefits Transfer (EBT) Act (Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code)
and in accordance with the EBT System regulations (Manual of Policies and Procedures Section 16-401.15), in the event a county fails to reimburse the EBT contractor for settlement of EBT transactions made against the county’s cash assistance programs, the state is required to pay the contractor. The State Department of Social Services may use funds from this item to reimburse the EBT contractor for settlement on behalf of the county. The county shall be required to reimburse the department for the county’s settlement via direct payment or administrative offset. | ||||||
8. | The Department of Finance is authorized to approve expenditures for the California Food Assistance Program in those amounts made necessary by changes in the CalFresh Program Standard Utility Allowance, including changes that result from midyear Standard Utility Allowance
adjustments requested by the state and any adjustments necessary to maintain parity with federal program changes. If the Department of Finance determines that the estimate of expenditures will exceed the expenditure authority of this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law. | ||||||
9. | Of the amount appropriated in Schedule (1), $95,000,000 shall be available for housing supports for those families in receipt of CalWORKs for whom homelessness or housing instability is a barrier to self-sufficiency or child well-being pursuant to Section 11330.5 of the Welfare and Institutions Code. These funds shall be available for encumbrance or expenditure until June 30,
2022. | ||||||
11. | (a)(1) | Of the funds appropriated in Schedule (2), $10,000,000 is to augment the Emergency Child Care Bridge Program. | |||||
(2) | Funds appropriated in Schedule (2) shall be used to provide a one-time increase to the rates paid to foster family agencies as described in paragraph (1) of subdivision (f) of Section 11463 of the Welfare and Institutions Code. | ||||||
12. | The Department of Finance is authorized to approve
expenditures in excess of the amounts appropriated in Schedule (2), upon notification from the State Department of Social Services, to replenish the State Emergency Food Bank Reserve. | ||||||
13 | (a) | Of the funds appropriated in Schedule (2), $28,629,000 shall be available to fund the assistance costs associated with continuing an extended foster care benefit assistance payment for any nonminor dependent who met eligibility requirements for the Extended Foster Care program, has lost their employment or has experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements, as described in All County Letter 20-45 and in federal letter ACYF-CB-PI-20-10, unless Stafford Act flexibilities for employment and education requirements, as described in PI-20-10, are rescinded prior to June 30, 2021. Additionally, to assist with housing stability, the funds shall be used to make monthly payments to, or on behalf of, any individual who attained 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021. Payments shall be consistent with applicable rates for existing foster care placement settings. | |||||
(b) | As of December 27, 2020, the funds identified in subdivision (a) shall also be available for foster care maintenance payments following reentry to foster care of any individual who attained 21 years of age while in extended foster care on or after January 27, 2020, upon the signing of a voluntary reentry agreement and supervised placement approval. The State Department of Social Services shall issue instructions for counties and eligible individuals consistent with Public Law 116-260, as described in federal letter ACYF-CB-PI-21-04, including, but not limited to, processes to maximize the availability of federal financial participation for 21 and 22 year-olds. | ||||||
14. | Of the funds appropriated in Schedule (2), $3,370,000 shall be available for the State Department of Social Services to establish temporary payment amounts, based on COVID-19 related criteria established by the State Department of Social Services, not to exceed the rate paid on behalf of an eligible child placed with an intensive services foster care resource family or, for a child determined to require the level of care provided by a short-term residential therapeutic program, the rate established by the State Department of Social Services for that program. Payment amounts shall be determined by the State Department of Social Services in consultation with the Department of Finance. Funds shall be available for liquidation until June 30, 2021. | ||||||
15. | (a) | Of the amount included in paragraph (1) of subdivision (c) of Section 3 of Chapter 6 of the Statutes of 2021, $1,400,000 shall be allocated to the State Department of Social Services to provide a flat-rate one-time stipend in the amount of $525 per child enrolled in the Emergency Child Care Bridge Program for Foster Children, as established pursuant to Section 11461.6 of the Welfare and Institutions Code, as that section read on February 3, 2021. If additional funding is needed based on program data for November 2020 enrollment, a budget revision shall be submitted by the State Department of Education and the State Department of Social Services to the Controller to shift the appropriate funding amounts identified for the Emergency Child Care Bridge Program providers to or from the State Department of Social Services for distribution. | |||||
(b) | In addition to the flat-rate one-time stipend amount of $525 per child enrolled, the Superintendent of Public Instruction and the State Department of Social Services shall provide alternative payment and contract programs with a 5 percent administrative fee for distributing stipends to these providers. |
SEC. 19.
Item 5180-101-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:5180-101-0890—For local assistance, State Department of Social Services, payable from the Federal Trust Fund
........................
| 5,335,137,000 | ||||||
Schedule: | |||||||
(1) | 4270010-CalWORKs
........................
| 3,714,179,000 | |||||
(2) | 4270019-Other Assistance Payments
........................
| 1,620,958,000 | |||||
Provisions: | |||||||
1. | Provisions 1, 4, 6, and 7 of Item 5180-101-0001 also apply to this item. | ||||||
2. | The Department of Finance may authorize the transfer of amounts from this item to Item 5180-001-0890 in order to fund the costs of the administrative hearing process associated with the CalWORKs program. | ||||||
3. | The State
Department of Social Services may transfer up to $80,636,000 of the funds appropriated in this item for Program 4270010-CalWORKs, from the Temporary Assistance for Needy Families (TANF) block grant to the Social Services Block Grant (Title XX) pursuant to authorization in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193). Of this amount, $10,000,000 shall be used to broaden access to federal Child and Adult Care Food Program benefits for low-income children in proprietary childcare centers, and $70,636,000 shall be used for CalWORKs local assistance Stage Two Child Care. The Title XX funds shall be pooled with TANF funds appropriated in this item for CalWORKs Child Care. This transfer shall occur only if the Director of Finance approves the pooling of Title XX funds with funds from the Child Care and Development Fund or TANF funds, or both. | ||||||
4. | Upon request of the State Department of Social Services, the Department of Finance may increase or decrease the expenditure authority in this item to offset any increases or decreases in collections deposited in the Child Support Collections Recovery Fund and appropriated in Item 5180-101-8004. The Department of Finance shall provide notification of the adjustment to the Joint Legislative Budget Committee within 10 working days from the date of the department’s approval of the adjustment. | ||||||
5. | Upon request by the Department of Finance, the Controller shall transfer funds between this item and Item 5180-151-0890 as needed to reflect the estimated expenditure amounts for counties receiving funds provided by the federal Families First Transition Act. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer shall be authorized at the time the report is made. | ||||||
6. | Of the funds appropriated in Schedule (2), $1,139,000 shall be available for the State Department of Social Services to establish temporary payment amounts, based on COVID-19 pursuant to Provision 14 of Item 5180-101-0001. Funds shall be available for liquidation until June 30, 2021. |
SEC. 20.
Item 5180-111-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:5180-111-0001—For local assistance, State Department of Social Services
........................
| 7,910,198,000 | ||||||
Schedule: | |||||||
(1) | 4270028-SSI/SSP
........................
| 3,449,351,000 | |||||
(2) | 4275010-IHSS
........................
| 15,213,970,000 | |||||
(3) | Reimbursements to 4275010-IHSS
........................
| −10,753,123,000 | |||||
Provisions: | |||||||
1. | Provisions 1 and 4 of Item 5180-101-0001 also apply to this item. | ||||||
2. | Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions Code, a loan not to exceed $1,000,000,000 shall be made available from the General Fund from funds not otherwise appropriated, to cover the federal share or reimbursable share, or both, of costs of a program or programs when the federal funds or reimbursements (from the Health Care Deposit Fund or counties) have not been received by this
state prior to the usual time for transmitting payments for the federal or reimbursable share of costs for this state. That loan from the General Fund shall be repaid when the federal share of costs for the program or programs becomes available, or in the case of reimbursements, subject to Section 16351 of the Government Code. County reimbursements also shall be subject to Section 16314 of the Government Code, which specifies the rate of interest. The State Department of Social Services may offset a county’s share of cost of the In-Home Supportive Services (IHSS) program against local assistance payments made to the county if the county fails to reimburse its share of cost of the IHSS program to the state. | ||||||
3. | The Director of Finance may authorize the transfer of amounts from this item to Item 5180-001-0001 in order to fund the cost of
the administrative hearing process associated with changes in aid or service payments in the IHSS program. The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer shall be authorized at the time the report is made. | ||||||
4. | (a) Notwithstanding any other law, funds appropriated in this item shall be used to fully offset the reduction in hours of service described in Section 12301.02 of the Welfare and Institutions Code. (b) (1) Funds appropriated for the purpose described in subdivision (a) shall be suspended on December 31, 2021, unless the conditions specified in paragraph (2) apply. (2) The suspension shall not take effect if the estimates of General Fund revenues and
expenditures for the 2021–22 and 2022–23 fiscal years, as determined pursuant to Section 12.5 of Article IV of the California Constitution, that accompany the May Revision required to be released by May 14, 2021, pursuant to Section 13308 of the Government Code, contain projected annual General Fund revenues that exceed projected annual General Fund expenditures for the 2021–22 and 2022–23 fiscal years by an amount equal to or greater than the sum total of all General Fund appropriations for all programs subject to suspension on December 31, 2021, pursuant to this act and the bills providing for appropriations related to this act. (3) It is the intent of the Legislature to consider alternative solutions to restore this program if the suspension takes effect. | ||||||
5. | Pursuant to Provision 1, of the funds appropriated in this item, an amount shall be available to fund the unemployment compensation benefits and extended benefits for an individual whose employment for purposes of unemployment insurance coverage includes services performed in the employ of their parent, child, or spouse if that individual is providing services through the In-Home Supportive Services program or the Waiver Personal Care Services program, contingent upon legislation to be enacted in the 2019–20 legislative session providing for the necessary statutory changes to this effect. | ||||||
6. | Of the amount appropriated in this item, $750,031,000 shall be available for a one-time grant payment to Supplemental Security Income/State Supplementary Payment (SSI/SSP) Program and Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) recipients and for the implementation and administration of the payments. These funds shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
7. | In the event the federal government extends COVID-19-related emergency paid sick leave beyond March 31, 2021, which provides two weeks of emergency paid sick leave when a covered employee is unable to work due to the COVID-19 pandemic, the Department of Finance may authorize an augmentation of the amount available for expenditure for the emergency paid sick leave during the 2020–21 fiscal year. If the Department of Finance determines that the estimate of COVID-19-related emergency paid sick leave expenditures will exceed the expenditures authorized for this item, the department shall so report to the Legislature. At the time the report is made, the amount of the appropriation made in this item shall be increased by the amount of the excess unless and until otherwise provided by law. |
SEC. 21.
Item 5180-151-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:5180-151-0001—For local assistance, State Department of Social Services
........................
| 649,569,000 | ||||||
Schedule: | |||||||
(1) | 4275019-Children and Adult Services and Licensing
........................
| 732,857,000 | |||||
(2) | 4275028-Special Programs
........................
| 245,025,000 | |||||
(3) | Reimbursements to 4275019-Children and Adult Services and Licensing
........................
| −318,313,000 | |||||
(4) | Reimbursements to 4275028-Special Programs
........................
| −10,000,000 | |||||
Provisions: | |||||||
1. | Provision 1 of, and subdivision (b) of Provision 15 of, Item 5180-101-0001 also applies to this item. | ||||||
2. | Notwithstanding Chapter 1 (commencing with Section 18000) of Part 6 of Division 9 of the Welfare and Institutions
Code and pursuant to Section 30029.8 of the Government Code, a loan not to exceed $50,000,000 shall be made available from the General Fund, from funds not otherwise appropriated, to cover the federal share or reimbursable share, or both, of costs of a program or programs when the federal funds or reimbursements have not been received by this state prior to the usual time for transmitting state payments for the federal or reimbursable share of costs. The loan from the General Fund shall be repaid when the federal or reimbursable share of costs for the program or programs becomes available. | ||||||
3. | The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5180-001-0001, in order to allow the state to perform the facilities evaluation function of the Community Care Licensing
Division in the event the counties fail to perform that function. | ||||||
4. | Nonfederal funds appropriated in this item that have been budgeted to meet the state’s Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. | ||||||
5. | The Department of Finance may authorize the establishment of positions and transfer of amounts from this item to Item 5180-001-0001 in order to allow the state to perform the
adoptions function in the event that a county notifies the State Department of Social Services that it intends to cease performing that function. | ||||||
6. | Funds appropriated in this item for the Commercially Sexually Exploited Children Program required by Chapter 5.2 (commencing with Section 16524.6) of Part 4 of Division 9 of the Welfare and Institutions Code shall be appropriately reduced by the Department of Finance to the extent any activities for which funding is included are also required by the Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183). | ||||||
8. | Funds appropriated in this item for legal services to unaccompanied undocumented minors and
for immigration services in accordance with Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code shall be available for liquidation until June 30, 2026. | ||||||
9. | Of the total amount appropriated in this item, up to $4,000,000 shall be available for a county-optional block grant program, for allocation to local agencies to fund activities the Commission on State Mandates identified as reimbursable state mandates in the Interagency Child Abuse and Neglect Investigation Reports (CSM-00-TC-22) mandate. A local agency that receives funding according to this item shall not be eligible to submit claims to the Controller for reimbursement under Section 17560 of the Government Code for any costs related to the reimbursable state-mandated activities identified in CSM-00-TC-22 incurred in the same
fiscal year during which the local agency received funding according to this item. The State Department of Social Services, in consultation with the California State Association of Counties, shall develop an allocation methodology for the purpose of distributing these funds to participating counties. Block grant funding apportioned according to this item is subject to annual financial and compliance audits. | ||||||
11. | (a) | Of the funds appropriated in Schedule (1), $30,640,000 is for the support of activities related to the Child Welfare Services-California Automated Response and Engagement System (CWS-CARES) project. Expenditure of these funds is contingent upon approval of project documents by the Department of Finance and the Department of Technology. This amount may be increased by the Department of
Finance, up to a maximum of $5,000,000 during the 2020–21 fiscal year, upon approval of revised project documents. Such an increase shall only be used to support an acceleration of planned project activities and shall not be used to increase total project costs. Any such increase shall be authorized no less than 10 calendar days following written notification to the Chairperson of the Joint Legislative Budget Committee, or a lesser period if requested by the department and approved by the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee. | |||||
(b) | The Department of Finance may authorize the transfer of funds appropriated for the CWS-CARES project in Schedule (1) to Item 5180-001-0001, for project-related activities, including, but not limited to, necessary personal services
expenditures, interagency agreements, and contracts. | ||||||
(c) | The State Department of Social Services, in coordination with other state entities and counties involved in the CWS-CARES project efforts, shall (1) provide stakeholders, counties, and the Legislature with monthly project status reports, including newly executed contracts, their purpose, and cost and (2) convene a regularly scheduled quarterly forum to provide project updates to stakeholders and legislative staff. The forums shall include updates on the progress of project development and implementation, expenditures incurred to date, significant issues and risks overcome in the prior quarter and presently being addressed, and upcoming project milestones and significant events. | ||||||
(d) | Of the amount appropriated in this item, $100,000 is available to fund reimbursements to an Indian tribe, as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code, or the tribe’s designee, for costs associated with participating with the State Department of Social Services to guide the development of an automated system used for Child Welfare Services. Notwithstanding any other law, the amount and manner of reimbursements shall be determined by the State Department of Social Services in written directives. | ||||||
12. | The Department of Finance may authorize the transfer of funds appropriated in this item for activities related to implementation of the Resource Family Approval Program to
Item 5180-001-0001 in order for the State Department of Social Services to perform these activities on behalf of counties. Funds shall only be transferred pursuant to this provision after consultation with the County Welfare Directors Association of California and consistent with written notification from the county or counties of the amount of funding to be transferred. | ||||||
13. | Of the amount appropriated in this item, $7,000,000 shall be available for contracts under the authority of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code with organizations qualified pursuant to that chapter, to provide legal services to persons on California State University campuses. These funds shall be available for encumbrance or expenditure until June 30, 2023, and liquidation until June 30, 2026.
Use of these funds shall be reported in updates provided to the Legislature on the State Department of Social Services’ immigration programs. | ||||||
14. | Of the amount appropriated in this item, $10,000,000 shall be available for legal services pursuant to Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code, for, but not limited to, unaccompanied undocumented minors and other minors in removal proceedings, and current or past beneficiaries of federal temporary protected status, to be allocated at the discretion of the State Department of Social Services. These funds shall be available for encumbrance or expenditure until June 30, 2023, and liquidation until June 30, 2026. Use of these funds shall be reported in updates provided to the Legislature on the department’s immigration
programs. | ||||||
15. | (a) | Of the amount appropriated in this item, the State Department of Social Services may allocate no more than $85,000,000 to existing Emergency Food Assistance Program (EFAP) providers under contract with the department, to nonprofit Feeding America members located in California or to a Feeding America partner state organization with the capacity to purchase and distribute food and diapers statewide in California. These funds are made available to mitigate any increases in food insecurity, diaper support, and administrative costs caused by the COVID-19 emergency and related economic recovery. The first $50,000,000 of these funds shall be allocated at the sole discretion of the department. The remaining $35,000,000 of these funds shall be allocated $30,000,000 for food and $5,000,000 for
diapers. | |||||
(b) | Notwithstanding any other law, the department’s allocation of these funds shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. | ||||||
(c) | The department shall inform the Legislature of the final allocation of funding available pursuant to this provision no later than August 1, 2021. | ||||||
(d) | Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this provision without adopting regulations. | ||||||
16. | The Department of Finance may increase the expenditure authority in this item to support unanticipated costs related to the federal Family First Prevention Services Act, subject to documentation provided by the State Department of Social Services explaining the need for the resources. | ||||||
17. | Of the funds appropriated in Schedule (2), $25,000,000 shall be available for the Housing and Disability Advocacy Program to increase participation among homeless persons with disabilities who may be eligible for disability benefits programs pursuant to Section 18999.1 of the Welfare and Institutions Code. | ||||||
18. | (a) | (1) Of the funds appropriated in Schedule (1), $8,250,000 is to augment the Child Welfare Public Health Nursing Early Intervention Program. | |||||
(2) Of the funds appropriated in Schedule (1), $29,734,000 is to augment the Family Urgent Response System. | |||||||
19. | (a) | Of the funds appropriated in Schedule (1), $8,504,000 shall be available to fund the administrative costs associated with continuing an extended foster care benefit assistance payment for any nonminor dependent who met eligibility requirements for the Extended Foster Care program, has lost their employment or has experienced a disruption in their education program resulting from COVID-19, and cannot otherwise meet any of the participation requirements, as described in All County Letter 20-45 and in federal letter ACYF-CB-PI-20-10, unless Stafford Act flexibilities for employment and education requirements, as described in PI-20-10, are rescinded prior to June 30, 2021. Additionally, the funds shall be used to fund the administrative costs associated with monthly case management and to make payments to, or on behalf of, any individual who attained 21 years of age while in extended foster care on or after April 17, 2020, through June 30, 2021. Payments shall be consistent with applicable rates for existing foster care placement settings. | |||||
(b) | As of December 27, 2020, the funds identified in subdivision (a) shall also be available for administrative costs associated with monthly case management and to make foster care maintenance payments following reentry to foster care for any individual who attained 21 years of age while in extended foster care on or after January 27, 2020, upon the signing of a voluntary reentry agreement and placement approval. | ||||||
20. | (a) | Of the amount appropriated in Schedule (1), $80,000,000 shall be provided on a one-time basis to county welfare agencies for child welfare services activities. The State Department of Social Services shall develop, in consultation with the County Welfare Directors Association, the methodology for determining the amount to be provided to each county. As a condition of receipt, each county welfare department director shall provide a signed certification from the director of the child welfare agency that the funds received pursuant to this section will be spent on child welfare services activities. | |||||
(b) | Within 45 days of the enactment of the act that adds this provision, the State Department of Social Services shall disburse to counties the amounts as determined pursuant to subdivision (a). | ||||||
21. | Of the funds appropriated in Schedule (2), $30,000,000 shall be available for a COVID-19 Public Awareness and Community Outreach effort prioritizing communities and economic sectors that are disproportionately impacted by the virus. | ||||||
(a) | Notwithstanding any other law, upon order of the Director of Finance, the amount appropriated in Schedule (2) may be augmented by any amount equal to federal funding authorized for the purposes described in this provision Any such augmentations shall support upfront expenditures that will ultimately be reimbursed back to the General Fund. | ||||||
(b) | Upon order of the Director of Finance, any amount of the funds appropriated in Schedule (2) for the purposes described in this provision may be transferred to any other state entity to support the COVID-19 Public Awareness and Community Outreach effort. In addition, the amount appropriated in Schedule (2) may be increased by transfers from any other state entity for the purposes described in this provision to support the COVID-19 Public Awareness and Community Outreach effort. | ||||||
(c) | It is the intent of the Legislature to consider additional appropriations for the purposes described in this provision on or before February 28, 2021, upon receipt of a proposal from the administration and information facilitating legislative oversight and feedback regarding funding spent to date for these purposes. | ||||||
(d) | Upon order of the Director of Finance, up to $250,000 of the amount of the funds appropriated in Schedule (2) for the purposes described in this provision may be transferred to item 5180-001-0001 to support the Public Awareness and Community Outreach effort. | ||||||
22. | Of the funds appropriated in Schedule (2), $24,020,000 shall be available to fund wraparound services and financial assistance for agriculture workers to provide COVID-19 quarantine support. Persons who are not lawfully present in the United States are eligible for the services and financial assistance authorized by this provision if they are otherwise qualified. | ||||||
(a) | Of the funds allocated by this provision and notwithstanding any other law, any personal identifying information of a recipient of those funds, including name, birth date, and address, shall be subject to the requirements of Section 10850 of the Welfare and Institutions Code and shall be exempt from inspection under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). | ||||||
(b) | Notwithstanding any other law, funding awarded pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of Government Code. | ||||||
(c) | Notwithstanding any other law, funding awarded pursuant to this section shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to approval by the Department of General Services. | ||||||
23. | It is the intent of the Legislature that the State Department of Social Services, in consultation with the Department of Finance, will evaluate the availability of federal funding above current food assistance levels that may be utilized for a supplemental food benefit. Potential uses for the funds could include augmentations to existing food assistance programs, outreach funding to facilitate enrollment in food assistance programs, or other innovative approaches to assist California residents struggling with food security during the COVID-19 pandemic. These augmentations are intended for the 2020–21 state fiscal year, with the possibility of an additional year to encumber funds in order to provide additional support depending upon the availability of federal funds. | ||||||
24. | Of the funds appropriated in Schedule (1): | ||||||
(a) | $88,000 shall be available for administrative support to counties for the processing of temporary payment amounts, based on COVID-19 related criteria established by the State Department of Social Services, pursuant to Provision 14 of Item 5180-101-0001. These funds shall be available for liquidation until June 30, 2021. | ||||||
(b) | $37,042,000 shall be made available for contracts in support of the COVID-19 emergency. These funds shall be available for encumbrance until June 30, 2021. |
SEC. 22.
Item 5180-151-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:5180-151-0890—For local assistance, State Department of Social Services, payable from the Federal Trust Fund
........................
| 1,687,170,000 | ||||||
Schedule: | |||||||
(1) | 4275019-Children and Adult Services and Licensing
........................
| 1,684,920,000 | |||||
(2) | 4275028-Special Programs
........................
| 2,250,000 | |||||
Provisions: | |||||||
1. | Provisions 1, 3, 5, and 11 of Item 5180-151-0001 also apply to this item. | ||||||
2. | Upon request by the Department of Finance, the Controller shall transfer funds between this item and Item 5180-101-0890 as needed to reflect the estimated expenditure amounts for counties receiving funds provided by the federal Family First Transition Act (Sec. 602, P.L. 116-94). The Department of Finance shall report to the Legislature the amount to be transferred pursuant to this provision. The transfer shall be authorized at the time the report is made. | ||||||
3. | Of the funds appropriated in Schedule 1: | ||||||
(a) | $32,000 shall be available for administrative support to counties for the processing of temporary payment amounts, based on COVID-19 related criteria established by the State Department of Social Services, pursuant to Provision 14 of Item 5180-101-0001. These funds shall be available for liquidation until June 30, 2021. | ||||||
(b) | $603,000 shall be made available for contracts in support of the COVID-19 emergency pursuant to subdivision (b) of Provision 24 of Item 5180-151-0001. These funds shall be available for encumbrance until June 30, 2021. |
SEC. 23.
Item 6100-001-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-001-0001—For support of State Department of Education
........................
| 60,073,000 | ||||||
Schedule: | |||||||
(1) | 5205010-Curriculum Services
........................
| 62,920,000 | |||||
(2) | 5210066-Special Program Support
........................
| 11,670,000 | |||||
(3) | 9900100-Administration
........................
| 57,355,000 | |||||
(4) | 9900200-Administration—Distributed
........................
| −57,355,000 | |||||
(5) | Reimbursements to 5205010-Curriculum Services
........................
| −10,516,000 | |||||
(6) | Reimbursements to 5210066-Special Program Support
........................
| −4,001,000 | |||||
Provisions: | |||||||
1. | Notwithstanding Section 33190 of the Education Code or any other law, the State
Department of Education shall not expend funds to prepare a statewide summary of pupil performance on school district proficiency assessments or a compilation of information on private schools with five or fewer pupils. | ||||||
2. | Funds appropriated in this item may be expended or encumbered to make one or more payments under a personal services contract of a visiting educator pursuant to Section 19050.8 of the Government Code, a long-term special consultant services contract, or an employment contract between an entity that is not a state agency and a person who is under the direct or daily supervision of a state agency, only if all of the following conditions are met: | ||||||
(a) | The person providing service under the contract provides full financial disclosure to the Fair Political Practices Commission in accordance with the rules and regulations of the commission. | ||||||
(b) | The service provided under the contract does not result in the displacement of any represented civil service employee. | ||||||
(c) | The rate of compensation for salary and health benefits for the person providing service under the contract does not exceed by more than 10 percent the current rate of compensation for salary and health benefits determined by the Department of Human
Resources for civil service personnel in a comparable position. The payment of any other compensation or any reimbursement for travel or per diem expenses shall be in accordance with the State Administrative Manual and the rules and regulations of the California Victim Compensation Board. | ||||||
3. | The funds appropriated in this item shall not be expended for the development or dissemination of program advisories, including, but not limited to, program advisories on the subject areas of reading, writing, and mathematics, unless explicitly authorized by the State Board of Education. | ||||||
4. | Of the funds appropriated in this item, $206,000 shall be available as matching
funds for the Department of Rehabilitation to provide coordinated services to disabled pupils. | ||||||
5. | Of the funds appropriated in this item, no less than $2,530,000 is available for support of childcare services, including state preschool. | ||||||
6. | By October 31 of each year, the State Department of Education (SDE) shall provide to the Department of Finance a file of all charter school average daily attendance (ADA) and state and local revenue associated with charter school general purpose entitlements as part of the P2 Local Control Funding Formula File. By March 1 of each year, the SDE shall provide to the Department of Finance a file of all charter school ADA and
state and local revenue associated with charter school general purpose entitlements as part of the P1 Local Control Funding Formula File. It is the expectation that such reports will be provided annually. | ||||||
7. | On or before April 15 of each year, the State Department of Education (SDE) shall provide to the Department of Finance an electronic file that includes complete district- and county-level state appropriations limit information reported to the SDE. The SDE shall make every effort to ensure that all districts have submitted the necessary information requested on the relevant reporting forms. | ||||||
8. | The State Department of Education shall make information
available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31, March 31, and May 31 of each year regarding the amount of Proposition 98 savings estimated to be available for reversion by June 30 of that year. | ||||||
9. | Reimbursement expenditures pursuant to this item resulting from the imposition by the State Department of Education (SDE) of a commercial copyright fee shall not be expended sooner than 30 days after the SDE submits to the Department of Finance a legal opinion affirming the authority to impose such fees and the arguments supporting that position against any objections or legal challenges to the fee filed with the SDE. Any funds received pursuant to imposition of a commercial copyright fee may only be expended as necessary for outside counsel
contingent on a certification of the Superintendent of Public Instruction that sufficient expertise is not available within departmental legal staff. The SDE shall not expend greater than $300,000 for such purposes without first notifying the Department of Finance of the necessity therefor, and upon receiving approval in writing. | ||||||
10. | Of the funds appropriated in this item, up to $1,011,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for special education programs. | ||||||
11. | Of the reimbursement funds appropriated in this item, at least $612,000 is provided to the State Department of Education for the
oversight of State Board of Education-authorized charter schools. The Department of Finance may administratively establish up to 2.0 positions for this purpose as workload materializes. | ||||||
12. | Of the funds appropriated in this item, at least $109,000 shall be for 1.0 position within the State Department of Education to support activities associated with the Clean Energy Job Creation Fund. | ||||||
13. | Of the amount appropriated in this item, at least $852,000 and 6.0 positions are provided to support the Local Control Funding Formula administration pursuant to Chapter 47 of the Statutes of 2013. These funds and positions shall be used by the State Department of Education
to support the apportionment of, and fiscal oversight of, funding pursuant to the Local Control Funding Formula. | ||||||
14. | Of the funds appropriated in this item, at least $115,000 and 1.0 position shall be available for the State Department of Education to support activities associated with charter school appeals as required under subdivision (j) of Section 47605 of the Education Code. | ||||||
15. | Of the funds appropriated in this item, at least $1,140,000 and 8.0 positions are provided to support the implementation of the Local Control Funding Formula accountability system pursuant to Chapter 47 of the Statutes of 2013. | ||||||
16. | Of the funds appropriated in this item, at least $120,000 and 1.0 permanent position is provided to support implementation of the Local Control Funding Formula, such as providing unduplicated student counts, matching foster data received from the State Department of Social Services (SDSS), and meeting foster youth reporting requirements. | ||||||
17. | Of the funds appropriated in this item, $271,000 and 2.0 positions are provided to continue the development and maintenance of the state and federal accountability systems. | ||||||
18. | Of the funds
appropriated in this item, $129,000 is provided to support 1.0 existing position for workload associated with school district reorganizations. | ||||||
19. | Of the funds appropriated in this item, $108,000 is provided to support 1.0 existing position to assist local educational agencies applying for a universal meal service program, pursuant to Chapter 724 of the Statutes of 2017. | ||||||
20. | Of the funds appropriated in this item, $128,000 is provided to support 1.0 existing position to complete additional education equity compliance reviews, pursuant to Chapter 493 of the Statutes of 2017. | ||||||
21. | Of the funds appropriated in Schedule (1), $252,000 shall be used to support the development and maintenance of a computer-based English Language Proficiency Assessment for California and a computer-based alternative English Language Proficiency Assessment for California for students with disabilities. | ||||||
22. | Of the funds appropriated in this item, $257,000 is provided to support 2.0 existing positions for the coordination of a centralized Uniform Complaint Procedures process and database to improve the administration and resolution of Uniform Complaint Procedures complaints and appeals received by SDE; to standardize Uniform Complaint Procedures policies, procedures, and templates departmentwide; and to provide a report by
January 31 of each year with a summary of the number of days for completion of appeals by complaint type and program area, including the rationale for complaints that exceeded 60 days. | ||||||
23. | Of the funds appropriated in this item, $117,000 is to support activities associated with data collection and reporting required under the Districts of Choice program. | ||||||
24. | Of the funds appropriated in this item, $245,000 shall be available in the 2020–21 fiscal year, and $136,000 in the 2021–22 and 2022–23 fiscal years, to support subsidized county childcare pilot programs. | ||||||
25. | Of the funds appropriated in this item, $600,000 is provided to support 2.0 existing positions and workload related to school-based comprehensive sexual health education. | ||||||
26. | Of the funds appropriated in this item, $105,000 and 1.0 position are to support increases in emergency average daily attendance waiver requests. | ||||||
28. | Of the funds appropriated in this item, $452,000 is provided for 3.0 positions to support compliance workload within
the State Department of Education’s Special Education Division. | ||||||
29. | Of the funds appropriated in this item, at least $275,000 and 2.0 positions are provided to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program. Availability of these funds is contingent upon the State Department of Education (SDE) fully supporting no fewer than 6.0 full-time regional program consultants in agricultural career technical education in the Agricultural Education Unit of the Career and College Transition Division using federal Perkins V Act funding. If the SDE is unable to support at least 6.0 full-time regional program consultants in agricultural career technical education with federal Perkins V Act funding, $142,000 and 1.0 position provided in this item to support the Career Technical
Education Incentive Grant Program and the K–12 component of the Strong Workforce Program shall be redirected for that purpose. As a condition of receiving this funding, the SDE shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31 of each fiscal year regarding the split of the federal Perkins V Act funding between the SDE and the Chancellor’s Office of the California Community Colleges. This information shall include, but is not limited to, the maximum set-asides allowable for state administration and state leadership activities, the minimum amount required for local program distribution, as well as a breakdown of how the SDE is utilizing the funds in each category. | ||||||
30. | Of the funds appropriated in this item, $2,778,000
is available for 12.0 positions to support expanding workload related to new early education programs and policies within the State Department of Education’s Early Learning and Care Division and 1.0 position to support the Fiscal and Administrative Services Division. | ||||||
31. | Of the funds appropriated in this item, $142,000 is provided to support 1.0 position for the joint interagency resolution team and foster youth coordinated services pursuant to Chapter 815 of the Statutes of 2018. | ||||||
32. | Of the funds appropriated in this item, $284,000 and 2.0 positions are provided until June 30, 2021, to support the oversight and monitoring of State Board of Education authorized
charter schools. | ||||||
33. | Of the funds appropriated in this item, $798,000 reimbursements is provided on a one-time basis to purchase information technology products and services for the State Special Schools. | ||||||
34. | Of the funds appropriated in this item, $77,000 is provided to support 0.5 existing position to update existing, and develop new, resources and strategies, and in-service teacher training to support lesbian, gay, bisexual, transgender, queer, and questioning students, pursuant to Chapter 775 of the Statutes of 2019. | ||||||
35. | Of the funds appropriated in this item, $77,000 is provided to support 1.0 position to provide appropriate language access in American Sign Language. | ||||||
36. | Of the funds appropriated in this item, $696,000 and 3.0 positions are available for the department to collect data to track the implementation of the changes for charter school petitions and renewals, pursuant to Chapter 486 of the Statutes of 2019. | ||||||
39. | Of the amount provided in this item, $192,000 reimbursements is provided on an ongoing basis to support the administration of the California High School Proficiency Examination. | ||||||
40. | 2.0 positions are provided to establish a state education disaster team to support activities related to disaster planning, preparedness, and response for schools as part of California’s Disaster Preparedness, Response, and Recovery efforts. | ||||||
42. | Of the funds appropriated in this item, $1,000,000 and 7.0 positions are available for the Early Learning and Care Division for the support of childcare services. | ||||||
43. | Of the funds appropriated in this item, $422,000 and 3.0 positions are available in the 2020–21 fiscal year for support of childcare collective bargaining pursuant to the 2020–21 Education Omnibus Trailer Bill. | ||||||
44. | Of the amount appropriated in this item, $336,000 and 3.0 positions are available to support new ongoing workload for the School Fiscal Services Division related to deferrals and average daily attendance changes pursuant to the 2020 Education Omnibus trailer bill. | ||||||
45. | Of the amount appropriated in this item, $100,000 shall be available on a one-time basis for the State Department of Education to develop a template for the learning continuity and attendance plan, in consultation with the executive director of the State Board of Education, pursuant to the 2020 Education Omnibus trailer bill. The template shall be made available to local educational agencies no later than August 1, 2020. In developing the template, the Superintendent of Public Instruction shall not require local educational agencies to provide any information in addition to the information required pursuant to the 2020 Education Omnibus trailer bill. | ||||||
46. | Of the amount appropriated in this item, $1,900,000 is provided on a one-time basis for attorney fees associated with the Ella T. v. State of California settlement. | ||||||
47. | Of the amount appropriated in this item, $388,000 in reimbursements is provided on a one-time basis to support activities for the Preschool Development Grant. | ||||||
48. | Of the funds appropriated in Schedule (2), $7,000 is available one time to support Head Start Collaboration program activities. |
SEC. 24.
Item 6100-001-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-001-0890—For support of State Department of Education, payable from the Federal Trust Fund
........................
| 217,257,000 | ||||||
Schedule: | |||||||
(1) | 5205010-Curriculum Services
........................
| 141,903,000 | |||||
(2) | 5210066-Special Program Support
........................
| 75,354,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item include federal Perkins V Act funds for the current fiscal year to be transferred to community colleges by means of interagency agreements. These funds shall be used by community colleges for the administration of career technical education programs. | ||||||
2. | Of the funds appropriated in this item, $96,000 is available to the Advisory Commission on Special Education for the in-state travel and operational expenses of the commissioners and the
secretary to the commission. | ||||||
3. | Of the funds appropriated in this item, $318,000 shall be used to provide training in culturally nonbiased assessment and specialized language skills to special education teachers. | ||||||
4. | (a) | Of the funds appropriated in this item, at least $11,765,000 is from the federal Child Care and Development Fund and is available for support of childcare services. Of the federal funds in this item, at least $1,533,000 is for 13.0 positions to address compliance monitoring and overpayments, which may contribute to early detection of fraud. All federally subsidized childcare agencies shall be audited pursuant to
federal regulations per Part 98 of Title 45 of the Code of Federal Regulations. The State Department of Education (SDE) shall provide information to the Legislature and Department of Finance each year that quantifies by program provider-by-provider level data, including instances and amounts of overpayments and fraud, as documented by the SDE’s compliance monitoring efforts for the prior fiscal year. Additionally, the SDE shall provide a copy of any federal reports submitted regarding improper payments and fraud to the Legislature and the Department of Finance. | |||||
(b) | As a condition of receiving the resources specified in subdivision (a), every alternative payment agency and subsidized general childcare agency shall be audited each year using sufficient sampling of provider records of the following: (1)
family fee determinations, (2) income eligibility, (3) rate limits, and (4) basis for hours of care, to determine compliance rates, any instances of misallocation of resources, and the amount of funds expected to be recovered from instances of both potential fraud and overpayment when no intent to defraud is suspected. This information shall be contained in a separate report for each provider, with a single statewide summary report annually submitted to the Governor and the Legislature no later than April 15. | ||||||
5. | Of the funds appropriated in this item, $16,834,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for the special education programs. The State Department of Education shall ensure the quarterly reports that the contractor submits on the results of its dispute
resolution services reflect year-to-date data and final yearend data, includes the same information as required by Section 56504.4 of the Education Code, and includes the following information: | ||||||
(a) | The total number of cases won by each side. | ||||||
(b) | The number of issues decided in favor of each side in split decisions. | ||||||
(c) | The number of cases in which schools and parents were represented by attorneys. | ||||||
(d) | The number of requests for due process initiated by parents that were dismissed for insufficiency. | ||||||
(e) | The number of pupils of color who accessed the system. | ||||||
(f) | The number of non-English-speaking people who used the system. | ||||||
(g) | The length of each hearing. | ||||||
(h) | The number of hearing requests initiated by parents. | ||||||
(i) | The number of hearing requests initiated by school districts. | ||||||
(j) | The school district of each parent-initiated request for due process. | ||||||
(k) | The issues, within special education, that generated due process hearing requests during the quarter. | ||||||
(l) | The disabilities that generated due process hearing requests during the quarter. | ||||||
(m) | The age groups (preschool, primary, junior high, high school) that generated hearing requests. | ||||||
(n) | The number of requests received during the quarter. | ||||||
(o) | The number of hearing decisions that were appealed to a court during the quarter. | ||||||
(p) | The number of cases that were completely resolved in mediation by agreement. | ||||||
(q) | The number of cases that were completely resolved in a mandatory resolution session. | ||||||
6. | Of the funds appropriated in this item, $443,000 is for 3.0 positions within the State Department of Education for increased monitoring associated with educationally related mental health services, including out-of-home residential
services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. Sec. 1400 et seq.). | ||||||
7. | Of the funds appropriated in this item, at least $2,506,000 shall be available for the administration of 21st Century Community Learning Centers programs. | ||||||
8. | Of the funds appropriated in this item, $308,000 is available from federal Title II funds for an interagency agreement with the Commission on Teacher Credentialing to support teacher misassignment monitoring activities. | ||||||
9. | Of the funds appropriated in this item, up to $945,000 is available from federal Title II funds to support Title II-related priorities identified in the California State Plan adopted by the State Board of Education pursuant to the federal Elementary and Secondary Education Act as amended by the federal Every Student Succeeds Act (P.L. 114-95). | ||||||
10. | Of the funds appropriated in this item, $6,636,000 is for the California Longitudinal Pupil Achievement Data System (CALPADS), which is to meet the requirements of the federal Elementary and Secondary Education Act (ESEA) and Chapter 1002 of the Statutes of 2002. These funds are payable from the Federal Trust Fund to the State Department of Education (SDE). Of this amount,
$5,641,000 is federal Title I, Part B funds and $995,000 is federal Title II funds. These funds are provided for the following purposes: $3,254,000 for systems housing and maintenance; $908,000 for costs associated with necessary system activities; $790,000 for SDE staff; and $710,000 for various other costs, including hardware and software costs, indirect charges, Department of General Services charges, and operating expenses and equipment. As a further condition of receiving these funds, the SDE shall not add additional data elements to CALPADS, require local educational agencies to use the data collected through the CALPADS for any purpose, or otherwise expand or enhance the system beyond the data elements and functionalities that are identified in the most current approved Feasibility Study and Special Project Reports and the CALPADS Data Guide v4.1. In addition, $974,000 is for SDE data management staff responsible for fulfilling certain federal requirements not directly associated with
CALPADS. | ||||||
11. | Of the funds appropriated in this item, $800,000 of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is available for the State Department of Education to provide oversight and technical assistance for local educational agencies as the responsibility for overseeing educationally related mental health services transitions from county mental health agencies to special education local plan areas and to develop resources and provide technical assistance to local educational agencies for implementation of the federally required State Systemic Improvement Plan. | ||||||
12. | Of the funds appropriated in this item, at
least $501,000 federal Title I, Part C, Migrant Education funds and 3.0 positions are provided for oversight and coordination of the State Parent Advisory Council, identification of qualifying program participants, and collecting and linking student data. | ||||||
13. | Of the funds appropriated in this item, up to $639,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds shall be available to the State Department of Education for warehouse costs related to providing accessible instructional materials to local educational agencies. | ||||||
14. | Of the funds appropriated in this item, $1,470,000 shall be available to support local Early
Head Start services under the Early Head Start—Child Care Partnership Grant, consistent with the plan approved by the Department of Finance. This funding is available on a limited-term basis until June 30, 2024. | ||||||
15. | Of the funds appropriated in this item, $625,000 is available for 5.0 existing positions to establish and support a litigation unit within the State Department of Education’s Special Education Division. | ||||||
16. | Of the amount provided in Schedule (1), $381,000 is available for 2.0 existing positions in the Improvement and Accountability Division to support the work of the State Department of Education, the California Collaborative for Educational
Excellence, lead county offices of education, and stakeholders to inform the work of agencies within the statewide system of support pursuant to paragraph (2) of subdivision (a) of Section 52073 of the Education Code. | ||||||
17. | Of the funds appropriated in this item, $138,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is provided for 1.0 position to fulfill reporting requirements on the use of behavioral restraints and seclusion, pursuant to Chapter 998 of the Statutes of 2018. | ||||||
18. | Of the funds appropriated in this item, $150,000 in federal Title II funds and 1.0 position is available for the State Department of
Education to administer the 21st Century California School Leadership Academy, in consultation with the State Board of Education and in collaboration with the California Collaborative on Education Excellence. | ||||||
19. | Of the funds appropriated in this item, $1,032,000, of which $420,000 is one-time carryover, is available to support training, technical assistance, and oversight of selected local educational agencies receiving the Project Advancing Wellness and Resilience in Education Grants. This funding is available on a limited-term basis until June 30, 2024. | ||||||
20. | Of the amount appropriated in this item, $460,000 in carryover is available in the 2020–21 fiscal year
to provide state-level support on school safety and violence prevention. | ||||||
21. | Of the funds appropriated in this item, $1,639,000 shall be reserved for the professional development of private school teachers and administrators as required by Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec. 6601 et seq.). This amount reflects the availability of $1,209,000 ongoing federal Title II funds and $430,000 ongoing federal Title IV funds. | ||||||
22. | Of the funds appropriated in this item, $207,000 and 1.5 positions are available for homeless student coordinators. | ||||||
23. | Of the funds appropriated in Schedule (1), $350,000 federal Individuals with Disabilities Act funds shall be allocated to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will design a state standardized individualized education program template, and to develop and design an addendum to the state standardized template to address special education service delivery in a distance learning environment, including developing best practices for distance learning for students with exceptional needs. | ||||||
(a) | The workgroup shall include, but not be limited to, representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Developmental Services, local educational agencies, special education local plan areas, legislative staff, and relevant state and national policy experts, The workgroup shall do all of the following: | ||||||
(1) | Examine and make recommendations regarding the following matters: ensuring the individualized education program development and periodic review processes are designed to improve student outcomes by capturing student strengths and needs, and informing learning strategies that support instruction aligned to state standards. | ||||||
(2) | Design a state standardized individualized education program template that provides information about student strengths, needs, and learning strategies. | ||||||
(3) | Support transition planning with early learning and postsecondary options. | ||||||
(4) | Assess the feasibility of a web-based statewide individualized education program system to house a statewide template. | ||||||
(5) | Design a state standardized addendum to the individualized education program that addresses distance learning modifications and adaptations to the IEP necessitated by a state or local emergency, including best practices recommendations. | ||||||
(b) | To the extent practicable, the workgroup shall leverage findings from the Interagency Cooperation workgroup to strengthen Part C to Part B transitions, established pursuant to Section 56477 of the Education Code. | ||||||
(c) | On or before October 1, 2021, the selected local educational agency shall provide a report prepared with the non-governmental organization, which includes recommendations of the areas identified in subdivision (a), to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, the Superintendent of Public Instruction, and the Director of Finance. | ||||||
(d) | The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
24. | Of the funds appropriated in Schedule (1), $500,000 federal Individuals with Disabilities Education Act funds shall be available for the Superintendent of Public Instruction to, in consultation with and subject to the approval of the executive director of the State Board of Education, commission a study with a California postsecondary educational institution or a non-governmental research institution that examines special education governance and accountability in the manner and for the purposes set forth in this provision. | ||||||
(a) | The study shall include, but not be limited to, an examination of the state’s current governance and accountability structures for students with exceptional needs, ages 3 to 21, inclusive, and recommendations regarding improvements in the following areas: | ||||||
(1) | Delivering special education services and supports in the least restrictive environment. | ||||||
(2) | Improving student outcomes, including those measured by state and federal accountability systems. | ||||||
(3) | Ensuring an equitable distribution of special education supports and services to local educational agencies. | ||||||
(4) | Ensuring transparency in decision-making and distribution of state special education funding. | ||||||
(5) | Ensuring parent family and community input in local decision-making. | ||||||
(6) | Ensuring that small local educational agencies have access to fiscal and administrative resources necessary to serve pupils with exceptional needs. | ||||||
(7) | Aligning state and federal accountability, compliance, and support systems as related to pupils with disabilities. | ||||||
(8) | Identifying strategies and challenges for funding and supports in the current model and any recommended models. | ||||||
(b) | On or before October 1, 2021, the Superintendent of Public Instruction shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, and the Director of Finance with a report that details the results of the study in the areas specified in subdivision (a). | ||||||
(c) | The postsecondary educational institution or non-governmental research institution shall convene an advisory group composed, at a minimum, of a representative of the department, the state board, the Department of Finance, the Legislative Analyst’s Office, legislative staff of each house of the Legislature and, a local educational agency, a charter school, a county office of education, a special education local plan area, a community advisory committee, a family empowerment center, a representative of a postsecondary institution or research organization who has expertise in special education governance or accountability, a non-governmental organization that advocates for pupils with exceptional needs, an education specialist, and a parent of a pupil with exceptional needs. | ||||||
(d) | The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
25. | Of the funds appropriated in Schedule (1), $250,000 federal Individuals with Disabilities Act funds shall be allocated to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will examine and propose alternative pathways to a high school diploma for students with disabilities. | ||||||
(a) | The workgroup shall include, but not be limited to, representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Developmental Services, local educational agencies, special education local plan areas, legislative staff, and relevant state and national policy experts. The workgroup shall examine and develop recommendations regarding the following matters: | ||||||
(1) | Studying existing and developing new alternate pathways for students with disabilities to access the core curriculum in order to satisfy the requirements for a high school diploma. | ||||||
(2) | Developing an alternate diploma aligned to the state’s alternate achievement standards for students with significant cognitive disabilities, consistent with federal law. | ||||||
(3) | Other related matters necessary to meet the purpose set forth in this provision. | ||||||
(b) | On or before October 1, 2021, the local educational agency shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, the Superintendent of Public Instruction, and the Director of Finance a report prepared with the non-governmental organization of recommendations in the areas identified in subdivision (a). | ||||||
(c) | The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
27. | Of the funds appropriated in this item, $387,000 carryover is available on a one-time basis for the administration of the Immediate Aid to Restart School Operations Grant program and to support long-term recovery efforts of local educational agencies affected by the Camp Fire in the Counties of Butte and Shasta in 2018. | ||||||
28. | Of the funds appropriated in this item, $1,612,000 one-time federal carryover is available for the professional development of private school teachers and administrators as required by Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec 6601 et seq.). This amount reflects the availability of $1,181,000 one-time federal Title II funds and $431,000 one-time federal Title IV funds. | ||||||
29. | Of the funds appropriated in this item, $442,000 federal Title IV funds is available to support administration and compliance monitoring of the federal Title IV grant activities and review of local control accountability plan federal addenda. | ||||||
30. | Of the funds appropriated in this item, $250,000 one-time federal Title III carryover is available to develop a standardized English learner reclassification teacher observation protocol pursuant to Section 313.3 of the Education Code. | ||||||
31. | Of the funds appropriated in this item, $340,000 and 1.0 position are available for the administration of the Comprehensive Literacy State Development Grant. | ||||||
32. | Of the funds appropriated in Schedule (1), $15,000,000 shall be allocated by the Superintendent of Public Instruction to the California Student Aid Commission to support grants to special education teachers through the Golden State Teacher Grant Program. The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2023. | ||||||
33. | Of the funds appropriated in this item, $88,000 one-time federal Disaster Relief Act funds is available to support grant activities for the federal Supplemental Appropriations for Disaster Relief Act of 2019. | ||||||
34. | Of the funds appropriated in Schedule (2), $9,259,000 is available one time for a statewide data system for early education. | ||||||
35. | Of the funds appropriated in Schedule (2), $28,000 is available one time to support Head Start Collaboration program activities. |
SEC. 25.
Item 6100-104-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-104-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 1,393,000 | ||||||
Schedule: | |||||||
(1) | 5205025-Project AWARE Grant
........................
| 1,393,000 | |||||
Provisions: | |||||||
1. | Of the funds appropriated in Schedule (1), $205,000 is one-time carryover funds to support the existing program. |
SEC. 26.
Item 6100-112-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-112-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 28,374,000 | ||||||
Schedule: | |||||||
(1) | 5205110-Public Charter Schools
........................
| 28,374,000 | |||||
Provisions: | |||||||
1. | Of the funds appropriated in this item, $5,759,000 is provided in one-time federal carryover funds to support the existing program. |
SEC. 27.
Item 6100-119-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-119-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 1,543,000 | ||||||
Schedule: | |||||||
(1) | 5200137-Title I: Program for Neglected and Delinquent Children
........................
| 1,543,000 | |||||
Provisions: | |||||||
1. | Of the funds appropriated in this item, $73,000 is provided in one-time federal carryover funds to support the existing program. |
SEC. 28.
Item 6100-125-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-125-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 274,007,000 | ||||||
Schedule: | |||||||
(1) | 5200111-Title I, Elementary and Secondary Education Act, Migrant Education
........................
| 116,251,000 | |||||
(2) | 5205015-ESEA Title I, Migrant Education State Level Activities
........................
| 12,244,000 | |||||
(3) | 5205019-Title III, Language Acquisition
........................
| 145,512,000 | |||||
Provisions: | |||||||
1. | Of the funds appropriated in Schedule (2), the
State Department of Education (SDE) shall use no less than $6,500,000 and up to $8,000,000 for the Mini-Corps Program. The SDE shall report to the Department of Finance by October 31, 2021, the number of migrant students served by the Mini-Corps Program during the previous fiscal year and the number of tutors who participated in the Mini-Corps Program during the previous fiscal year. The SDE shall also report to the Department of Finance by October 31, 2022, the number of tutors from the 2020–21 cohort who subsequently enrolled in an educator preparation program. The SDE shall also report to the Department of Finance by October 31, 2023, the number of tutors from the 2020–21 cohort who subsequently earned a preliminary teaching credential. | ||||||
2. | Of the funds appropriated in Schedule (3), $2,000,000 shall be allocated to 11 regional
county offices of education to provide technical assistance to local educational agencies on federal requirements related to English learners, and recommendations for best practices, instructional strategies, and improvement in English language proficiency and state academic standards. These regional county offices of education shall provide support to English learners in a manner consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. The SDE shall ensure that the 11 regional county offices of education designate one of the regional county offices of education to participate in the formal process required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 52073 of the Education Code. The designated regional county office of education and the SDE shall be responsible for communicating through that formal process on the activities and outcomes for the 11 regional
county offices of education and for sharing information provided by the other entities participating in that process with the 11 regional county offices of education. | ||||||
3. | Of the funds appropriated in Schedule (1), $12,000,000 is one-time carryover funds to support the existing program. | ||||||
4. | Of the funds appropriated in Schedule (2), $3,000,000 is one-time carryover funds to support the existing program. | ||||||
5. | Of the funds appropriated in Schedule (3), $4,000,000 is one-time carryover funds to support the existing program. |
SEC. 29.
Item 6100-134-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-134-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 2,212,531,000 | ||||||
Schedule: | |||||||
(1) | 5200103-Statewide System of School Support
........................
| 10,000,000 | |||||
(2) | 5200135-Title I, Elementary and Secondary Education Act
........................
| 2,058,416,000 | |||||
(3) | 5200120-Title IV, Student Support and Academic Enrichment
........................
| 144,115,000 | |||||
Provisions: | |||||||
1. | In administering the accountability system required by this item, the State Department of Education shall align the forms, processes, and procedures required of local educational agencies so that duplication of effort is minimized at the local level. | ||||||
2. | The State Department of Education shall provide to the Legislature, the Legislative Analyst’s Office, and the Department of Finance a letter by April 15, of each year, reporting expenditures and anticipated savings for each
schedule, based on available information. | ||||||
3. | The funds appropriated in this item shall be considered offsetting revenues within the meaning of subdivision (e) of Section 17556 of the Government Code for any reimbursable mandated cost claim for activities that result from implementation of the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). Local educational agencies accepting funding from this item shall reduce any estimated and actual mandate reimbursement claims by the amount of funding provided to them from this item. | ||||||
4. | The State Department of Education shall submit an expenditure plan prior to the expenditure of funds to the
Department of Finance and the Joint Legislative Budget Committee that includes the use of federal funds pursuant to the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). | ||||||
5. | As a condition of receipt of funds appropriated in this item, the local educational agency’s plan for use of federal funds required pursuant to Section 1112 of Part A of Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6312) shall be approved by the State Board of Education. Approval of such plans shall be contingent on the local educational agency’s demonstration that its planned use of the federal funds will supplement and enhance local priorities or initiatives funded with state funds, as reflected in the local educational agency’s local control and accountability plan. | ||||||
6. | Of the funds appropriated in Schedule (2), no less than $129,431,000 is available for purposes of providing grants to local educational agencies with schools identified as requiring support, consistent with the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). The department shall develop and administer a process for providing grants from these funds on a formula basis to local educational agencies with schools identified as requiring support. Local educational agencies shall use the funds for the development of strategies to improve pupil performance at schools identified as requiring support that are aligned to
goals, actions, and services identified in the local educational agency’s local control and accountability plan. Such funds shall not be expended to hire additional permanent staff. | ||||||
7. | The funds appropriated in Schedule (1) shall be allocated to county offices of education for the purposes of supporting the statewide system of technical assistance and support for local educational agencies established in the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). The State Department of Education shall develop, in consultation with the Executive Director of the State Board of Education and with the approval of the Department of Finance, the method of allocation for these funds, which shall be based on a formula that considers the number of schools within a county that are identified for additional support
consistent with the California State Plan for the federal Every Student Succeeds Act (P.L. 114-95). | ||||||
8. | The funds appropriated in Schedule (3) are available on a one-time basis, and shall be used in accordance with Title IV, Part A of the federal Every Student Succeeds Act (P.L. 114-95). | ||||||
9. | The funds appropriated in Schedule (3) shall be allocated to local educational agencies pursuant to Section 4105 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7115), as reauthorized by the federal Every Student Succeeds Act of 2015 (P.L. 114-95). | ||||||
10. | For purposes of performing the calculation to ensure that no less than 95 percent of the state’s reserve is being allocated as grants to local educational agencies, pursuant to Section 1003 of the federal Every Student Succeeds Act (P.L. 114-95), the amount appropriated in Schedule (1) and the amount specified in Provision 6 shall be added together. | ||||||
11. | Of the funds appropriated in Schedule (2), $88,200,000 is provided in one-time federal Title I carryover funds to support the existing program. | ||||||
12. | Of the funds appropriated in Schedule (3), $800,000 is provided in one-time federal Title IV carryover funds to support the existing program. |
SEC. 30.
Item 6100-161-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-161-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund, Special Education Programs for Exceptional Children
........................
| 1,305,223,000 | ||||||
Schedule: | |||||||
(1) | 5200203-Local Agency Entitlements, IDEA Special Education
........................
| 1,172,722,000 | |||||
(2) | 5200209-State Level Activities, IDEA Special Education
........................
| 89,225,000 | |||||
(3) | 5200211-Preschool Grant Program, IDEA Special Education
........................
| 37,785,000 | |||||
(4) | 5200213-State Improvement Grant, IDEA Special Education
........................
| 2,599,000 | |||||
(5) | 5200215-Family Empowerment Centers, IDEA Special Education
........................
| 2,794,000 | |||||
(6) | 5205231-Supplemental Grants: Newborn Hearing Screening Grants
........................
| 98,000 | |||||
Provisions: | |||||||
1. | In accordance with federal law, the funds appropriated in Schedule (1) shall be distributed to local and state agencies on the basis of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) permanent formula. | ||||||
2. | Of the funds appropriated in Schedule (2), up to $1,950,000 shall be used to develop and test procedures, materials, and training for alternative dispute resolution in special education. | ||||||
3. | Of the funds appropriated in Schedule (3) for the Preschool Grant
Program, $1,228,000 shall be used for in-service training and shall include a parent training component and may, in addition, include a staff training program. These funds may be used to provide training in alternative dispute resolution and the local mediation of disputes. This program shall include state sponsored and local components. | ||||||
4. | Of the funds appropriated in this item, $1,420,000 is available for local assistance grants to monitor local educational agency compliance with state and federal laws and regulations governing special education. This funding level is to be used to continue the facilitated reviews and, to the extent consistent with State Performance Plan/Annual Performance Report Indicators developed by the State Department of Education, these activities shall focus on local educational agencies identified by the
United States Department of Education’s Office of Special Education Programs. | ||||||
5. | The funds appropriated in Schedule (5) shall be used for the purposes of Family Empowerment Centers on Disability pursuant to Chapter 690 of the Statutes of 2001. | ||||||
6. | Of the funds appropriated in Schedule (2), $69,000,000 shall be available only for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and as described in Section 56363 of the
Education Code. The Superintendent of Public Instruction shall allocate these funds to special education local plan areas in the 2020–21 fiscal year based upon an equal rate per pupil using the methodology specified in Section 56836.07 of the Education Code. | ||||||
7. | The funds appropriated in Schedule (4) are provided for scientifically based professional development as part of the State Personnel Development grant. | ||||||
8. | Of the funds appropriated in Schedule (2), up to $3,894,000 shall be available for transfer to the state special schools for student transportation allowances. | ||||||
9. | Of the funds appropriated in Schedule (2), up to $3,861,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds shall be available for the State Department of Education to provide accessible instructional materials to local educational agencies. | ||||||
10. | Of the funds appropriated in Schedule (2), up to $500,000 is provided to develop resources and provide technical assistance to local educational agencies for implementation of the State Systemic Improvement Plan. | ||||||
11. | Of the funds appropriated in Schedule (2), $8,600,000 shall be allocated by the Superintendent of Public Instruction to special education local plan areas to assist local educational agencies with establishing and improving local alternative dispute resolutions, in anticipation of an increased number of local disputes related to the COVID-19 pandemic and special education distance learning implementation. As a condition of receiving these funds, the special education local plan areas shall do all of the following: | ||||||
(a) | Prior to the receipt of funds, develop and submit a plan to the superintendent describing the alternative dispute resolution process to be enhanced, augmented, or developed, and how the agency will offer and use the alternative dispute resolution process to address special education complaints filed by families related to COVID-19 and distance learning. | ||||||
(b) | Submit a report to the superintendent by April 1, 2021, that includes all of the following information: | ||||||
(1) | The number of cases mediated through alternative dispute resolution services. | ||||||
(2) | The number of cases totally resolved by agreement, | ||||||
(3) | The number of cases refusing alternative dispute resolution services and requesting due process. | ||||||
(4) | A list of the issues that generated the request for dispute resolution services. | ||||||
(5) | Any recommendations for the workgroup developing the statewide Individualized Education Program addendum for distance learning template to ensure issues resulting from special education and related service delivery during the
COVID-19 pandemic and distance learning are considered and addressed in the development of the addendum template. | ||||||
12. | Of the funds appropriated in Schedule (4) for the federal State Improvement Grant Program, $509,000 is provided in one-time carryover funds to support the existing program. |
SEC. 31.
Item 6100-166-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-166-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 139,359,000 | ||||||
Schedule: | |||||||
(1) | 5200223-Vocational Education
........................
| 139,359,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item include federal Perkins V Act funds for the current fiscal year to be transferred to the community colleges by means of interagency agreements for the purpose of funding career technical education programs in community colleges. | ||||||
2. | The State Board of Education and the Board of Governors of the California Community Colleges shall target funds appropriated by this item to provide services to persons participating in welfare-to-work activities under the CalWORKs program. | ||||||
3. | The State Department of Education shall use its share of funds appropriated by this item to support no fewer than 6.0 full-time regional program consultants in agricultural career technical education within the State Department of Education, pursuant to Section 52452 of the Education Code. If the State Department of Education determines it is unable to support at least 6.0 full-time regional program consultants in agricultural career technical education with its share of federal Perkins V Act funding, the State Department of Education shall redirect $142,000 and 1.0 position provided in Provision 32 of Item 6100-001-0001 for this purpose. | ||||||
4. | Of the funds appropriated in this item, $17,000,000 is provided in one-time federal carryover funds to support the existing program. |
SEC. 32.
Item 6100-194-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-194-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund
........................
| 984,596,000 | ||||||
Schedule: | |||||||
(1) | 5210026-General Child Development
........................
| 135,506,000 | |||||
(2) | 5210028-Migrant Day Care
........................
| 5,451,000 | |||||
(3) | 5210030-Alternative Payment
........................
| 337,127,000 | |||||
(4) | 5210034-CalWORKs Stage 2
........................
| 82,086,000 | |||||
(5) | 5210036-CalWORKs Stage 3
........................
| 323,605,000 | |||||
(6) | 5210044-Quality Improvement
........................
| 102,115,000 | |||||
(7) | 5210046-Local Planning Councils
........................
| 3,319,000 | |||||
(8) | Reimbursement to 5210044-Quality Improvement ........................ | −4,613,000 | |||||
Provisions: | |||||||
1. | Notwithstanding any other law, the funds appropriated in this item, to the extent permissible under federal law, are subject to Section 8262 of the
Education Code. | ||||||
2. | Of the funds appropriated in this item, $80,636,000 is from the transfer of funds, pursuant to Item 5180-402, from the federal Temporary Assistance for Needy Families (TANF) Block Grant administered by the State Department of Social Services to the federal Child Care and Development Block Grant for CalWORKs Stage 2 childcare. | ||||||
3. | Funds in Schedules (6) and (7) shall be allocated to meet federal requirements to improve the quality of childcare and shall be used in accordance with the approved California state plan for the federal Child Care and Development Fund that is developed pursuant to the requirements under Section 8206.1 of the Education
Code. | ||||||
4. | Notwithstanding any other law, each local planning council receiving funds appropriated in Schedule (7) shall meet the requirements of Section 8499.5 of the Education Code to the extent feasible and to the extent data is readily accessible. | ||||||
5. | Funds appropriated in Schedule (6) of this item shall not be expended to develop or support new information technology projects, unless approved by the Director of Finance and not sooner than 30 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee. | ||||||
7. | (a) | Of the amount appropriated in Schedule (3), $47,236,000 is available beginning July 1, 2020, to provide 5,600 Alternative Payment Program slots to provide continuity of care to families that received temporary vouchers pursuant to Chapter 2 of the Statutes of 2020. | |||||
(b) | Alternative Payment Program agencies shall only use the funds described in subdivision (a) to enroll families who meet eligibility and need requirements specified in Sections 8263 and 8263.1 of the Education Code. | ||||||
(c) | Notwithstanding any other law, families that received temporary vouchers pursuant to Chapter 2 of the Statutes of 2020 shall receive first priority for enrollment. | ||||||
(d) | Families receiving first priority for enrollment pursuant to subdivision (c) shall be enrolled in the priority order specified in Section 8263 of the Education Code. | ||||||
(e) | Once all eligible families who received temporary voucher slots have been enrolled, Alternative Payment Program agencies shall enroll other children not previously served with temporary voucher slots using the normal enrollment process. | ||||||
8.5. | Of the funds appropriated in Schedule (6), $1,663,440 is available on a one-time basis to support grant activities for the federal Additional Supplemental Appropriations for Disaster Relief Act of 2019 (P.L. 116-20). | ||||||
10. | Of the funds appropriated in this item, $43,731,000 is available on a one-time basis for CalWORKs Stage 3 child care from federal Child Care and Development Block Grant funds appropriated prior to the 2020–21 federal fiscal year. | ||||||
11. | Of the funds appropriated in this item, $600,000 is provided in one-time carryover funds for the Preschool Development Grant. | ||||||
12. | Of the funds appropriated in Schedules (1), (2), (3), (4), and (5), $8,560,000 shall be allocated to extend family fee waivers through August 31, 2020. Notwithstanding Section 26.00 of this act, the State Department of Education may transfer program expenditure authority between schedules to accurately reflect expenditures in the program schedules, upon the approval of the Department of Finance. The Department of Finance may, at its discretion, approve such a transfer of program expenditure authority to the extent total allocations do not exceed the total amount appropriated for this provision. Upon approval from the Department of Finance, the Superintendent of Public Instruction shall notify the Chairpersons of the relevant policy committees and budget subcommittees of the Legislature of its intent to transfer program expenditure authority between programs. | ||||||
13. | Of the funds appropriated in Schedule (6), $4,613,000 is provided one-time to support the activities for the Preschool Development Grant. | ||||||
14. | Of the funds appropriated in Schedule (6), $3,676,000 is available on a one-time basis for quality activities from federal Child Care and Development Block Grant funds appropriated prior to the 2020–21 fiscal year. |
SEC. 33.
Item 6100-195-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-195-0890—For local assistance, State Department of Education, Part A of Title II of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6621 et seq.; Preparing, Training, and Recruiting High Quality Teachers, Principals or Other School Leaders), payable from the Federal Trust Fund
........................
| 239,499,000 | ||||||
Schedule: | |||||||
(1) | 5205168-Supporting Effective Instruction Local Grants
........................
| 219,357,000 | |||||
(2) | 5205150-California Subject Matter Projects
........................
| 3,410,000 | |||||
(3) | 5205180-Supporting Effective Instruction State Level Activity Grants
........................
| 16,732,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in Schedule (2) shall be transferred to the University of California, which shall use the funds for the subject matter projects pursuant to Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title 3 of the Education Code. | ||||||
2. | Of the funds appropriated in Schedule (3), $14,139,000 in ongoing federal funds shall be used to establish the 21st Century California School Leadership Academy pursuant to Section 44690 of the
Education Code. Specifically, this amount reflects $8,834,000 in ongoing federal Title II funds, and $5,305,000 in ongoing federal Title IV funds, transferred to Title II, consistent with the California State Plan adopted by the State Board of Education pursuant to the Every Student Succeeds Act. This program shall be implemented pursuant to Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec. 6601 et seq.) and consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. | ||||||
3. | Of the funds appropriated in Schedule (3), $200,000 is available from federal Title II funds for the State Department of Education (SDE) to contract with the California Collaboration for Educational Excellence to assist the SDE in
administering the 21st Century California School Leadership Academy. Of these funds, $25,000 shall be for the Marin County Office of Education and $175,000 shall be for the California Collaborative for Educational Excellence to assist the SDE in administering the 21st Century California School Leadership Academy. The Collaborative shall participate in selecting grantees, determining allocation of funding, and managing and directing grantees to ensure that grant activities are provided consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. Pursuant to subdivision (e) of Section 52074 of the Education Code, the SDE, with the support of the Department of General Services, shall enter into a contract with the Marin County Office of Education as the administrative agent no later than August 31, of each year, and complete the transfer of funds to the California Collaborative for Educational
Excellence no later than December 15, of each year. | ||||||
4. | Of the funds appropriated in Schedule (3), up to $660,000 may be used for costs incurred in the 2019–20 fiscal year for the professional development of private school teachers and administrators as required by the federal Every Student Succeeds Act (20 U.S.C. Sec. 6601 et seq.). | ||||||
5. | Of the funds appropriated in Schedule (3), $1,733,000 in one-time carryover is available for the 21st Century California School Leadership Academy pursuant to Section 44690 of the Education Code. These funds may be expended for activities from the 2019–20 through 2021–22 fiscal years. |
SEC. 34.
Item 6100-197-0890 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-197-0890—For local assistance, State Department of Education, payable from the Federal Trust Fund, 21st Century Community Learning Centers Program
........................
| 150,445,000 | ||||||
Schedule: | |||||||
(1) | 5210050-21st Century Community Learning Centers
........................
| 150,445,000 | |||||
Provisions: | |||||||
1. | Of the funds appropriated in this item, $5,000,000 is provided in one-time carryover funds to support the existing program. |
SEC. 35.
Item 6100-488 of Section 2.00 of the Budget Act of 2020 is amended to read:6100-488—Reappropriation, State Department of Education. Notwithstanding any other law, the balances from the following appropriations are available for reappropriation for the purposes specified in Provisions 2 to 8, inclusive: | |||||||
0001—General Fund | |||||||
(2) | $5,035,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in Schedule (1) of Item 6100-149-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(3) | $8,716,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Adults in Correctional Facilities Program in Schedule (1) of Item 6100-158-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(4) | $1,018,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (2) of Item 6100-161-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(5) | $1,349,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(6) | $7,073,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in the 2017–18 fiscal year pursuant to Section 8483.5 of the Education Code. | ||||||
(7) | $1,974,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K–12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(8) | $7,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated pursuant to Section 17581.96 of the Government Code. | ||||||
(9) | $127,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Educational Services for Foster Youth in Schedule (1) of Item 6100-119-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(10) | $901,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Partnership Academies Program in Schedule (1) of Item 6100-166-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(11) | $231,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Partnership Academies Program in Schedule (2) of Item 6100-166-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(12) | $408,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative program in Schedule (1) of Item 6100-170-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(13) | $243,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Incentive Grant pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 41207.43 of the Education Code. | ||||||
(14) | $81,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001, Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
(15) | $9,266,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Adults in Correctional Facilities Program in Schedule (1) of Item 6100-158-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(16) | $1,200,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (2) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(17) | $2,917,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(18) | $1,080,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Partnership Academies Program in Schedule (1) of Item 6100-166-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(19) | $79,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative program in Schedule (1) of Item 6100-170-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(20) | $2,265,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K–12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(21) | $17,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018). | ||||||
(22) | $2,455,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for California’s pupil testing program in Schedule (2) of Item 6100-113-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019). | ||||||
(23) | $6,032,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for California’s pupil testing program in Schedule (3) of Item 6100-113-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019). | ||||||
(24) | $500,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated to support the development of additional History and Social Science curriculum framework resources related to Genocide Awareness education in Provision 6 of Item 6100-488 of the Budget Act of 2018 (Chs. 29, and 30, Stats. 2018). | ||||||
(25) | $7,717,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated to support professional development and resources for the History Social Science curriculum framework and the Health curriculum in Provision 5 of Item 6100-488 of the Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017). | ||||||
Provisions: | |||||||
2. | The sum of $16,009,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Oakland Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Oakland Unified School District’s completion of the following: (a) the required annual audit for the preceding year; and (b) affirmative board action to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions. | ||||||
3. | The sum of $5,772,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Inglewood Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Inglewood Unified School District’s completion of both of the following: (a) adoption and implementation of necessary budgetary solutions; and (b) adoption of a preliminary school and school district facility closure and consolidation plan and initiation of any regulatory approval process, including the California Environmental Quality Act and other state or local approval, related to the sale or lease of surplus property. | ||||||
4. | The sum of $200,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-209-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019) for payment of claims received pursuant to paragraph (1) of subdivision (f) of Section 44944 of the Education Code. | ||||||
5. | The sum of $2,995,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-203-0001 of the Budget Act of 2018 (Chs. 29, 30, and 449, Stats. 2018) for child nutrition program reimbursement claims submitted by local educational agencies pursuant to subdivision (c) of Section 49505, and Section 49531, of the Education Code. | ||||||
6. | The sum of $500,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-488 of the Budget Act of 2018 (Chs. 29, 30, and 449, Stats. 2018) for allocation by the Superintendent of Public Instruction to a county office of education to support the development of additional History and Social Science curriculum framework resources related to Genocide Awareness education, including, but not limited to, the development of study guides and other resources. | ||||||
7. | The sum of $7,717,000 is hereby reappropriated to the State Department of Education to be used consistent with the provisions of Item 6100-488 of the Budget Act of 2017 (Chs. 14, 22, and 54, Stats. 2017) for allocation by the Superintendent of Public Instruction to a county office of education or consortium of county offices of education to support professional development and resources for the History Social Science curriculum framework and the Health curriculum. | ||||||
8. | The sum of $10,795,000 is hereby appropriated to the Superintendent of Public Instruction for allocation to school districts and charter schools in the 2019–20 fiscal year pursuant to Section 42238.02 of the Education Code pursuant to the provisions provided in the 2020 Education Omnibus trailer bill for this purpose. | ||||||
9. | The sum of $8,406,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the summative English language proficiency assessment at the beginning of the 2020–21 school year for purposes of reclassification. | ||||||
10. | The sum of $81,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the English language proficiency assessment. |
SEC. 36.
Item 6120-140-0001 is added to Section 2.00 of the Budget Act of 2020, to read:6120-140-0001—For local assistance, California State Library, Lunch at the Library Program
........................
| 800,000 | ||||||
Schedule: | |||||||
(1) | 5312-Library Development Services ........................ | 800,000 |
SEC. 37.
Item 8570-002-0001 is added to Section 2.00 of the Budget Act of 2020, to read:8570-002-0001—For support of Department of Food and Agriculture
........................
| 1,350,000 | ||||||
Schedule: | |||||||
(1) | 6590-General Agricultural Activities ........................ | 1,350,000 | |||||
(2) | 9900100-Administration ........................ | 30,000 | |||||
(3) | 9900200-Administration—Distributed ........................ | −30,000 | |||||
Provisions: | |||||||
1. | The amounts appropriated in this item are available for encumbrance or expenditure through June 30, 2022. |
SEC. 38.
Item 8570-101-0001 of Section 2.00 of the Budget Act of 2020 is amended to read:8570-101-0001—For local assistance, Department of Food and Agriculture
........................
| 24,506,000 | ||||||
Schedule: | |||||||
(1) | 6570-Agricultural Plant and Animal Health; Pest Prevention; Food Safety Services
........................
| 6,405,000 | |||||
(2) | 6575-Marketing; Commodities and Agricultural Services
........................
| 8,496,000 | |||||
(3) | 6580-Assistance to Fair and County Agricultural Activities
........................
| 8,605,000 | |||||
(4) | 6590-General Agricultural Activities
........................
| 4,000,000 | |||||
(5) | Reimbursements to 6580-Assistance to Fair and County Agricultural Activities ........................ | −3,000,000 | |||||
Provisions: | |||||||
1. | The amount appropriated in Schedule (2) shall be available for grants for the Farm to School Program. | ||||||
4. | Of the amount appropriated in Schedule (4), $2,000,000 shall be available for activities related to the Fresno-Merced Food Innovation Corridor Initiative. This amount shall be available for support or local assistance. Of the amount appropriated in Schedule (4), $2,000,000 shall be available for the Technical Assistance Program for Underserved Farmers. | ||||||
5. | The amount included in Provisions 1 and 4 shall be available for encumbrance or expenditure until June 30, 2023. | ||||||
6. | Notwithstanding subdivision (f) of Section 19622.1 of the Business and Professions Code, of the amounts appropriated in Schedule (3), $3,000,000 shall be available to the California Exposition and State Fair to support its payroll and operational costs. The Director of Finance may authorize an additional amount not to exceed $3,000,000 if deemed necessary to sustain the California Exposition and State Fair’s operations. | ||||||
7. | Notwithstanding subdivision (f) of Section 19622.1 of the Business and Professions Code , or any other law, the Director of Finance may authorize a short-term cash loan of up to $3,000,000 from the General Fund to support the payment of payroll and operational costs of the California Exposition and State Fair until reimbursement for emergency operations and other activities has been received. Upon the order of the Director of Finance, the Controller shall draw warrants against General Fund cash to the California Exposition and State Fair. The cash flow loan(s) to the California Exposition and State Fair through the Department of Food and Agriculture shall be subject to the terms and conditions for repayment as may be prescribed by the Department of Finance. Interest charges may be waived pursuant to subdivision (e) of Section 16314 of the Government Code. For purposes of the budgetary and legal bases of accounting and budgeting, the principal amount of any loans made pursuant to this provision shall not be considered part of the balance of the fund that receives the loan, nor shall it be deducted from the balance of the fund from which the loan is made. These loans are considered cash flow loans for temporary cash shortages and shall not constitute budgetary loans, revenues, or expenditures. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure proper implementation of the provisions of this section, pursuant to Section 13344 of the Government Code. |