BILL NUMBER: SB 416 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 11, 2015
AMENDED IN SENATE APRIL 20, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Huff
FEBRUARY 25, 2015
An act to amend Sections 35186, 39820, 41422, 46392, 47634.4,
52240, 52242, 52920, and 52922 of, to repeal Sections 37611.5,
41301.5, 45023.1, 45023.4 , 52241, 52243, 52921, and 60118
of, to repeal Article 9 (commencing with Section 1780) of
Chapter 6 of Part 2 of Division 1 of Title 1 of, to repeal Article 10
(commencing with Section 1790) of Chapter 6 of Part 2 of Division 1
of Title 1 of, to repeal Article 17 (commencing with Section
1940) of Chapter 6 of Part 2 of Division 1 of Title 1 of, to
repeal Article 4 (commencing with Section 8080) of Chapter 1 of Part
6 of Division 1 of Title 1 of, to repeal Chapter 5.1 (commencing with
Section 8820) of Part 6 of Division 1 of Title 1 of, to repeal
Chapter 9 (commencing with Section 8980) of Part 6 of Division 1 of
Title 1 of, to repeal Part 10.7 (commencing with Section 17910)
of Division 1 of Title 1 of, to repeal Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of,
to repeal Article 10.4 (commencing with Section 35294.10) of Chapter
2 of Part 21 of Division 3 of Title 2 of, to repeal Article 4
(commencing with Section 37252) of Chapter 2 of Part 22 of Division 3
of Title 2 of, to repeal Chapter 12 (commencing with Section
43001.5) of Part 24 of Division 3 of Title 2 of, to repeal
Article 7 (commencing with Section 44570) of Chapter 3 of
Part 25 of Division 3 of Title 2 of, to repeal Chapter 3.25
(commencing with Section 44695) of Part 25 of Division 3 of Title 2
of, to repeal Chapter 3.34 (commencing with Section 44730) of
Part 25 of Division 3 of Title 2 of, to repeal Chapter 3.8
(commencing with Section 44740) of Part 25 of Division 3
of Title 2 of, to repeal Chapter 3.5 (commencing with Section 44760)
of Part 25 of Division 3 of Title 2 of, to repeal Article 15
(commencing with Section 51870) of Chapter 5 of Part 28 of Division 4
of Title 2 of, to repeal Article 1 (commencing with Section 52130)
of Chapter 7 of Part 28 of Division 4 of Title 2 of, to repeal
Article 2 (commencing with Section 52340) of Chapter 9 of Part 28 of
Division 4 of Title 2 of, to repeal Article 3 (commencing
with Section 52350) of Chapter 9 of Part 28 of Division 4 of Title 2
of, to repeal Article 5 (commencing with Section 52381) of Chapter 9
of Part 28 of Division 4 of Title 2 of, to repeal Article 9
(commencing with Section 52485) of Chapter 9 of Part 28 of Division 4
of Title 2 of, to repeal Chapter 17 (commencing with Section 53080)
of Part 28 of Division 4 of Title 2 of, to repeal Chapter 3
(commencing with Section 54300) of Part 29 of Division 4 of Title 2
of, and to repeal Chapter 3.1 (commencing with Section 58520) of Part
31 of Division 4 of Title 2 of, the Education Code, relating to
public schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 416, as amended, Huff. Public schools: repeal of
funding programs. elementary and secondary education.
Existing law establishes a system of public elementary and
secondary education in this state, and authorizes local educational
agencies throughout the state to provide instruction to pupils.
This bill would revise and recast various provisions relating to
elementary and secondary education, including, among others,
repealing specified funding programs, revising the uniform complaint
process, removing specified prohibitions on which funding programs a
charter school can apply to, and expanding the financial assistance a
school district can provide to pupils taking advanced placement and
International Baccalaureate Diploma Program examinations and tests.
(1) Existing law authorizes the county superintendent of schools,
with the approval of the county board of education or the county
superintendents of 2 or more counties, to jointly contract with the
United States, the state, or any city, county, or city and county, or
any combination thereof, for the joint operation and maintenance of
programs in youth conservation and training or for assistance in the
operation and maintenance of those programs.
This bill would repeal those provisions.
(2) Existing law establishes the Garrigus-Lagomarsino Act, which
authorizes a county superintendent of schools, with the approval of
the county board of education, to establish and operate a technical,
agricultural, and natural resource conservation school or schools,
for specified purposes.
This bill would repeal those provisions.
(3) Existing law authorizes an appropriate governing body, as
specified, to propose or initiate the expansion of coursework in
cosmetology.
This bill would repeal those provisions.
(4) Existing law establishes the Arts Work Visual and Performing
Arts Education Program for the purposes of awarding grants to local
educational agencies to develop their capacity to implement
high-quality, instructional programs based on the state-adopted
visual and performing arts content standards for pupils in
kindergarten and grades 1 to 12, inclusive.
This bill would repeal those provisions.
(5) Existing law establishes the Katz Safe Schoolbus Clean Fuel
Efficiency Demonstration Program, under which the State Energy
Resources Conservation and Development Commission determines which
local educational agencies are to receive replacement schoolbuses
pursuant to the program.
This bill would repeal those provisions.
(6) Existing law establishes the School Safety and Violence
Prevention Act, which provides funds to school districts serving
pupils in any of grades 8 to 12, inclusive, for the purpose of
promoting school safety and reducing schoolsite violence.
This bill would repeal those provisions.
(7) Existing law establishes the School Safety and Violence
Prevention Strategy Program for the purpose of promoting school
safety and violence prevention programs among children and youth in
public schools.
This bill would repeal those provisions.
(8) Existing law requires the revenue limit per unit of adult
average daily attendance for a school district to be reduced by the
amount, if any, per unit of average daily attendance that was
included in the establishment of the adult base revenue limit and
that was for purposes of the State Teachers' Retirement System.
This bill would repeal those provisions.
(9) Existing law establishes the funding of the Education
Technology Staff Development Program, a grant program designed to
promote the development of teachers in that specific area.
This bill would repeal those provisions.
(10) Existing law requires a school district, as a precondition to
receiving a technology grant administered by the State Department of
Education, to have a current 3- to 5-year education technology plan,
unless this requirement is waived by the State Board of Education.
This bill would repeal those provisions.
(11) Existing law establishes the Impacted Languages Act of 1984,
which is intended to provide relief to school districts that are
highly impacted by the enrollment of refugee pupils or pupils whose
primary languages are sufficiently diverse and in low population
concentrations, as specified.
This bill would repeal those provisions.
(12) Existing law creates various mathematics improvement programs
for pupils in grades 1 to 12, inclusive, as specified.
This bill would repeal those provisions.
(13) Existing law establishes the Single Gender Academies Pilot
Program Act of 1996 to increase the diversity of California's public
educational offerings by making single gender academies available to
those pupils of each gender who will benefit from single gender
education because of their unique educational needs.
This bill would repeal those provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 9 (commencing with Section 1780) of Chapter 6
of Part 2 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 2. Article 10 (commencing with Section 1790) of Chapter 6 of
Part 2 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 3. Article 17 (commencing with Section 1940)
of Chapter 6 of Part 2 of Division 1 of Title 1 of the
Education Code is repealed.
SEC. 3. SEC. 4. Article 4
(commencing with Section 8080) of Chapter 1 of Part 6 of Division 1
of Title 1 of the Education Code is repealed.
SEC. 4. SEC. 5. Chapter 5.1
(commencing with Section 8820) of Part 6 of Division 1 of Title 1 of
the Education Code is repealed.
SEC. 6. Chapter 9 (commencing with Section 8980)
of Part 6 of Division 1 of Title 1 of the Education Code
is repealed.
SEC. 5. SEC. 7. Part 10.7
(commencing with Section 17910) of Division 1 of Title 1 of the
Education Code is repealed.
SEC. 6. SEC. 8. Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of Division 1
of Title 1 of the Education Code is repealed.
SEC. 9. Section 35186 of the Education
Code is amended to read:
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California
Code of Regulations, with modifications, as necessary, to help
identify and resolve any deficiencies related to instructional
materials, emergency or urgent facilities conditions that pose a
threat to the health and safety of pupils or staff, and
teacher vacancy or misassignment, and intensive instruction
and services provided pursuant to Section 37254 to pupils who have
not passed one or both parts of the high school exit examination
after the completion of grade 12. misassignment.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) Except as provided pursuant to paragraph (4), a
A complaint shall be filed with the
principal of the school or his or her designee. A complaint about
problems beyond the authority of the school principal shall be
forwarded in a timely manner but not to exceed 10 working days to the
appropriate school district official for resolution.
(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing
board. board of the school district. As to
complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than
20-percent 20 percent of English learner pupils
in the class. This subparagraph does not relieve a school district
from complying with state or federal law regarding teachers of
English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
(5)
(4) The location at which to obtain a form to file a
complaint in case of a shortage. Posting a notice downloadable from
the Internet Web site of the department shall satisfy this
requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or
before January 1, 2005. section.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
SEC. 7. SEC. 10. Article 10.4
(commencing with Section 35294.10) of Chapter 2 of Part 21 of
Division 3 of Title 2 of the Education Code is repealed.
SEC. 11. Article 4 (commencing with Section 37252)
of Chapter 2 of Part 22 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 12. Section 37611.5 of the
Education Code is repealed.
37611.5. Notwithstanding Section 37611, a school district that
establishes and operates a continuous school program in one or more
schools pursuant to this chapter for the purposes of implementing the
Class Size Reduction Program set forth in Chapter 6.10 (commencing
with Section 52120) of Part 28 for the 1996-97 and 1997-98 school
years shall not be subject to the publication of notice requirements
set forth in Section 37611 for those school years.
SEC. 13. Section 39820 of the Education
Code is amended to read:
39820. (a) Notwithstanding
any other provision of law, the governing board of
any a school district may
provide, beginning in the 1975-76 fiscal year, provide
for the transportation to and from public school of pupils who
have attained the age of three years and nine months and are
enrolled in classes established pursuant to Chapter 4.45 (commencing
with Section 56440) of Part 30 of Division 4 whenever in
the judgment of the board, governing board of
a school district, transportation is advisable and good
reasons exist therefor. exist. A
governing board of a school district may allow for the
transportation of parents of pupils enrolled in these classes for the
purpose of accompanying their children to and from the attendance
center offering the early primary classes.
(b) School districts shall receive state reimbursements for the
transportation of pupils described in subdivision (a) pursuant to
Article 10 (commencing with Section 41850) of Chapter 5 of Part 24.
SEC. 14. Section 41301.5 of the
Education Code is repealed.
41301.5. The amount transferred to Section A of the State School
Fund by Section 14007 shall be expended pursuant to Sections 59030.5,
59124.5, and 59223.
SEC. 15. Section 41422 of the Education
Code is amended to read:
41422. A district (a)
A school district, county office of education, or charter school
that is prevented from maintaining its schools during a fiscal
year for at least 175 days or is required to operate sessions of
shorter length than otherwise prescribed by law because of fire,
flood, earthquake, or epidemic, or because of any order of any
military officer of the United States or of the state to meet an
emergency created by war, or of any civil officer of the United
States, of the state, or of any county, city and county, or city
authorized to issue that order to meet an emergency created by war,
or because of other extraordinary conditions, or because of inability
to secure or hold a teacher, or because of the illness of the
teacher, which fact shall be shown to the satisfaction of the
Superintendent of Public Instruction by the
affidavits of the members of the governing board of the school
district district, the governing board of the
county office of education, or the governing board of the charter
school and of the county superintendent of schools, shall
receive the same apportionment from the State School Fund as it would
have received had it not been so prevented from maintaining school
for at least 175 full-length days.
(b) This section shall also apply to
school districts which, county offices
of education, or charter schools that, in the absence of one or
more of the conditions prescribed by this section, would have
qualified for funds under pursuant to
Sections 46200 or 46201. to 46208, inclusive,
or Section 47612.5, as applicable.
SEC. 8. SEC. 16. Chapter 12
(commencing with Section 43001.5) of Part 24 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 17. Article 7 (commencing with Section 44570)
of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 18. Chapter 3.25 (commencing with Section
44695) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 9. SEC. 19. Chapter 3.34
(commencing with Section 44730) of Part 25 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 20. Chapter 3.8 (commencing with Section
44740) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 21. Chapter 3.5 (commencing with Section
44760) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 22. Section 45023.1 of the
Education Code is repealed.
45023.1. (a) Commencing with the 2000-01 fiscal year, the county
superintendent of schools or the county board of education may
increase, for teachers meeting the requirements prescribed by this
section, the salary on its adopted certificated employee salary
schedule as provided in subdivision (b). For purposes of this
section, a teacher for whom the county superintendent of schools or
county board of education may increase salaries shall meet all of the
following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern certificate or credential, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid through the general fund of the county
office.
(b) The county superintendent of schools or county board of
education that increases its salaries pursuant to subdivision (a)
shall perform the following computations:
(1) The county superintendent of schools or county board of
education shall designate as the lowest salary on the salary schedule
for a certificated employee meeting the criteria in subdivision (a)
an amount that is at least an annual salary of thirty-four thousand
dollars ($34,000) in the 2000-01 fiscal year.
(2) The county superintendent of schools or county board of
education shall increase to the annual salary amount in paragraph (1)
the salary of any certificated employee meeting the criteria in
subdivision (a) whose salary on the salary schedule for the 1999-2000
fiscal year was less than the amount computed in paragraph (1) and,
notwithstanding Section 45028, shall incorporate that increase into
the salary schedule commencing with the 2000-01 fiscal year.
(c) Each county office of education that increases its beginning
teacher annual minimum salary to thirty-four thousand dollars
($34,000) pursuant to subdivision (b) shall elect, except as provided
in subdivision (j), to receive reimbursement for the cost of the
increase pursuant to only one of the following two options:
(1) Option One:
(A) In fiscal year 2000-01, a county superintendent of schools or
county office of education that increases salaries pursuant to
paragraph (2) of subdivision (b) and selects reimbursement Option One
shall receive an amount equal to six dollars ($6) times the county
office's second principal apportionment average daily attendance for
the 1999-2000 fiscal year, excluding attendance in adult education
programs and charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8 of Division 4.
(B) Divide the amount received from the state pursuant to
subparagraph (A) for the 2000-01 fiscal year by the county office of
education's second principal apportionment average daily attendance
for the 1999-2000 fiscal year, excluding attendance in adult
education programs and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(C) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
pursuant to subdivision (a), the Superintendent shall add the sum of
clauses (i) and (ii) to the county office of education revenue limit
computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(D) The county superintendent of schools or county office of
education shall utilize these incentive funds not only to meet the
new beginning teacher annual minimum salary of thirty-four thousand
dollars ($34,000), but may also use the funds to generally enhance
teachers' salaries in order to achieve the goals of retention of
qualified, competent, and experienced teachers and the attainment of
a reasonable salary commensurate with a teacher's experience,
education, and responsibilities.
(2) Option Two: A county superintendent of schools or county
office of education may submit a request to the Superintendent, on a
form supplied by the Superintendent, for state funding computed as
follows:
(A) Total the salaries of all certificated employees receiving
increased salaries up to a maximum of thirty-four thousand dollars
($34,000) per person pursuant to subdivision (b) for the 2000-01
fiscal year.
(B) Total all salaries, based on the salary schedule for the
2000-01 fiscal year before the increase made pursuant to subdivision
(b), of all certificated employees receiving increased salaries
pursuant to subdivision (b).
(C) Subtract the amount in subparagraph (B) from the amount in
subparagraph (A).
(D) Multiply the amount in subparagraph (C) by the district's
statutory benefit rates.
(E) For the 2000-01 fiscal year, a county superintendent of
schools or county office of education that increases salaries
pursuant to paragraph (2) of subdivision (b) and selects
reimbursement Option Two shall receive the sum of subparagraphs (C)
and (D).
(F) Divide the sum of the amounts received pursuant to
subparagraphs (C) and (D) for the 2000-01 fiscal year by the county
office of education average daily attendance for the second principal
apportionment for the 2000-01 fiscal year, excluding attendance in
adult education programs and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4.
(G) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
pursuant to subdivision (a), the Superintendent shall add the sum of
clauses (i) and (ii) to the county office of education revenue limit
computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year excluding attendance in regional occupational
centers/programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8 of
Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year in regional occupational centers/programs excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8 of Division 4.
(3) For purposes of the calculation required by clause (ii) of
subparagraph (C) of paragraph (1) and clause (ii) of subparagraph (G)
of paragraph (2), in the 2008-09, 2009-10, 2010-11, 2011-12,
2012-13, 2013-14, and 2014-15 fiscal years, a county office of
education's second principal apportionment average daily attendance
for the current fiscal year shall be the second principal
apportionment average daily attendance for the 2007-08 fiscal year.
(d) State funds received pursuant to this section and not used
pursuant to the conditions of this section shall be returned to the
state.
(e) If the funds requested by the county superintendents of
schools and the county offices of education for the 2000-01 fiscal
year exceed the state appropriation for this section, the
Superintendent shall reduce all requests by the application of a
single, common percentage factor for apportionment purposes, so as
not to exceed the amount appropriated for this purpose.
(f) A county office of education shall receive reimbursement
pursuant to subdivision (c) only. However, this section does not
prohibit a school district and its employees from negotiating salary
schedules.
(g) The adjustments to county office of education revenue limits
prescribed in subparagraph (C) of paragraph (1) of subdivision (c)
and subparagraph (G) of paragraph (2) of subdivision (c) shall
continue so long as the increase in the salary schedule made pursuant
to paragraph (2) of subdivision (b) or subdivision (i) is
maintained.
(h) The Superintendent shall issue appropriate forms to county
offices of education no later than September 1, 2000. County
superintendents of schools or county offices of education shall
notify the Superintendent no later than September 30, 2001, regarding
which option they wish to exercise for the 2000-01 fiscal year.
County superintendents of schools or county offices of education
shall file their claim form for state funds with the Superintendent
no later than September 30, 2001.
(i) Adjustments made to county office of education revenue limits
pursuant to subparagraph (C) of paragraph (1) of subdivision (c) and
subparagraph (G) of paragraph (2) of subdivision (c) shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments
or determining other wealth-related differences in
school funding.
(j) Notwithstanding subdivision (c), a county office of education
that already has as the annual minimum salary for beginning teachers
who meet the criteria in subdivision (a) an amount equal to or
greater than thirty-four thousand dollars ($34,000) shall be eligible
to receive reimbursement pursuant to Option One.
(k) This section shall become operative on July 1, 2010.
SEC. 23. Section 45023.4 of the
Education Code is repealed.
45023.4. (a) This section shall be known, and may be cited, as
the Jack O'Connell Beginning-Teacher Salary Incentive Program.
Commencing in the 1999-2000 fiscal year the county superintendent of
schools or the county board of education may increase, for teachers
who meet the requirements of this subdivision, the salary on its
adopted certificated employee salary schedule as provided in
subdivision (b). For purposes of this section, a teacher for whom the
county superintendent of schools or county board of education may
increase salaries shall meet all of the following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid from the general fund of the district or
county office.
(b) The county superintendent of schools or county board of
education that elects to increase teachers' salaries as authorized
pursuant to subdivision (a) shall perform the following computations:
(1) The county superintendent of schools or county board of
education shall designate as the lowest salary on the salary schedule
for a certificated employee meeting or exceeding the criteria in
subdivision (a) an amount equal to a minimum annual salary of
thirty-two thousand dollars ($32,000). If this salary change results
in costs to the county office of education that are equal to or
greater than the incentive received pursuant to subdivision (c), the
minimum salary shall be thirty-two thousand dollars ($32,000). If
this salary change results in costs to the county offices of
education that are less than the incentive received, the remainder
shall be used to increase the beginning salary by an amount above
thirty-two thousand dollars ($32,000) which fully applies the
incentive received.
(2) The county superintendent of schools or county board of
education shall increase to the annual salary amount in paragraph (1)
the salary of a certificated employee meeting the criteria in
subdivision (a) whose salary on the salary schedule is less than the
amount computed in paragraph (1) and, notwithstanding Section 45028,
shall incorporate that increase into the salary schedule.
(3) The newly adopted salary schedule shall contain only one cell
that meets the amount set forth in paragraph (1), which most often is
the first-year step of a salary schedule column for certificated
personnel who meet the criteria set forth in subdivision (a). All
other salary schedule cells shall exceed the level set forth in
paragraph (1) for personnel that meet the criteria in subdivision
(a).
(c) In the 1999-2000 fiscal year, the Superintendent shall divide
the amount appropriated for the purposes of this section by the
1998-99 second principal apportionment average daily attendance for
all county offices of education in the state. Each county office of
education that certifies to the Superintendent that it is in full
compliance with this section shall receive following that
certification an amount equal to the results of the calculation
multiplied by the participating county office's 1998-99 second
principal apportionment average daily attendance.
(d) For the 2000-01 fiscal year and each fiscal year thereafter,
for each county office of education that meets the requirements of
subdivision (b), the Superintendent shall add the sum of paragraphs
(1) and (2) to the county office of education revenue limit computed
pursuant to Section 2550.
(1) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year
excluding attendance in regional occupational centers or programs,
adult education programs, and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4.
(2) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year in
regional occupational centers or programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(3) For purposes of the calculation required by paragraph (2), in
the 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15
fiscal years, the second period average daily attendance for the
prior fiscal year shall be the second period average daily attendance
for the 2007-08 fiscal year.
(e) The adjustment to the county office of education revenue limit
prescribed in subdivision (d) shall continue so long as the increase
in the salary schedule made pursuant to paragraph (2) of subdivision
(b) is maintained.
(f) The adjustment made to county office of education revenue
limits pursuant to subdivision (d) shall not be considered part of
the base revenue limit for purposes of computing equalization
adjustments or determining other differences in school funding that
are based on the amount of funding received by a school district or
county office of education.
(g) This section shall become operative on July 1, 2010.
SEC. 24. Section 46392 of the Education
Code is amended to read:
46392. (a) Whenever If the average
daily attendance of any a school
district, county office of education, or regional
occupational center or program charter school
during any a fiscal year has been
materially decreased during any a
fiscal year because of any of the following, the fact shall be
established to the satisfaction of the Superintendent of
Public Instruction by affidavits of the members of the
governing board of the school district or
district, county office of education, or charter school
and the county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) An epidemic. Epidemic.
(5) An earthquake. Earthquake.
(6) The imminence of a major safety hazard as determined by the
local law enforcement agency.
(7) A strike involving transportation services to pupils provided
by a nonschool entity.
(8) An order provided for in Section 41422.
(b) In the event a state of emergency is declared by the Governor
in a county, any a decrease in average
daily attendance in the county below the approximate total average
daily attendance that would have been credited to a school district,
county office of education, or regional occupational center
or program charter school had the state of
emergency not occurred shall be deemed material. The
superintendent Superintendent shall determine
the length of the period during which average daily attendance has
been reduced by the state of emergency. This period which
that is determined by the
superintendent Superintendent shall not extend
into the next fiscal year following the declaration of the state of
emergency by the Governor, except upon a showing by a school
district, county office of education, or regional
occupational center or program, charter school,
to the satisfaction of the superintendent,
Superintendent, that extending the period into the next fiscal
year is essential to alleviate continued reductions in average daily
attendance attributable to the state of emergency.
(c) The average daily attendance of the district, county office of
education, or regional occupational center or program
charter school for the fiscal year shall be
estimated by the superintendent
Superintendent in a manner that credits to the school district,
county office of education, or regional occupational center
or program charter school for determining the
apportionments to be made to the school district, county
office of education, or regional occupational center or
program charter school from the State School
Fund approximately the total average daily attendance that would have
been credited to the school district, county office of education, or
regional occupational center or program
charter school had the emergency not occurred or had the order
not been issued.
(d) This section applies to any average daily attendance that
occurs during any part of a school year.
SEC. 25. Section 47634.4 of the
Education Code is amended to read:
47634.4. (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation
with its chartering authority, apply may apply, in
cooperation with its chartering authority, for federal and
state categorical programs not specified in this section, but only to
the extent it is eligible for funding and meets the provisions of
the program.
(c) Notwithstanding any other provision of law,
for the 2006-07 fiscal year and each fiscal year
thereafter, a charter school may
shall not apply directly for categorical programs for which
services are exclusively or almost exclusively provided by a county
office of education.
(d) Consistent with subdivision (c), a charter school may
shall not receive direct funding for any of the
following county-administered categorical programs:
(1) American Indian Education Centers.
(2) The California Association of Student Councils.
(3) California Technology Assistance Project established pursuant
to Article 15 (commencing with Section 51870) of Chapter 5 of Part
28.
(4) The Center for Civic Education.
(5)
(2) County Office Fiscal Crisis and Management
Assistance Team.
(6)
(3) The K-12 High Speed Network.
(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
(f) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, in addition to the
programs listed in subdivision (d), a charter school may not apply
for any of the following categorical programs:
(1) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28.
(2) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28.
(3) California Peer Assistance and Review Program for Teachers, as
set forth in Article 4.5 (commencing with Section 44500) of Chapter
3 of Part 25.
(4) College preparation programs, as set forth in Chapter 12
(commencing with Section 11020) of Part 7, Chapter 8.3 (commencing
with Section 52240) of Part 28, and Chapter 8 (commencing with
Section 60830) of Part 33.
(5) Foster youth programs pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24.
(6) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.
(7) Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5
and Article 10 (commencing with Section 41850) of Chapter 5 of Part
24.
(8) International Baccalaureate Diploma Program, as set forth in
Chapter 12.5 (commencing with Section 52920) of Part 28.
(9) Mathematics and Reading Professional Development Program, as
set forth in Article 3 (commencing with Section 99230) of Chapter 5
of Part 65.
(10) Principal Training Program, as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.
(11) Professional Development Block Grant, as set forth in Article
5 (commencing with Section 41530) of Chapter 3.2 of Part 24.
(12) Program to Reduce Class Size in Two Courses in Grade 9
(formerly The Morgan-Hart Class Size Reduction Act of 1989), as set
forth in Chapter 6.8 (commencing with Section 52080) of Part 28.
(13) Pupil Retention Block Grant, as set forth in Article 2
(commencing with Section 41505) of Chapter 3.2 of Part 24.
(14) Reader services for blind teachers, as set forth in Article
8.5 (commencing with Section 45370) of Chapter 5 of Part 25.
(15) School and Library Improvement Block Grant, as set forth in
Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24.
(16) School Safety Consolidated Competitive Grant, as set forth in
Article 3 (commencing with Section 41510) of Chapter 3.2 of Part 24.
(17) School safety programs, as set forth in Article 3.6
(commencing with Section 32228) and Article 3.8 (commencing with
Section 32239.5) of Chapter 2 of Part 19.
(18) Specialized secondary schools pursuant to Chapter 6
(commencing with Section 58800) of Part 31.
(19) State Instructional Materials Fund, as set forth in Article 3
(commencing with Section 60240) of Chapter 2 of Part 33.
(20) Targeted Instructional Improvement Block Grant, as set forth
in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part
24.
(21) Teacher dismissal apportionment, as set forth in Section
44944.
(22) The deferred maintenance program, as set forth in Article 1
(commencing with Section 17565) of Chapter 5 of Part 10.5.
(23) The General Fund contribution to the State Instructional
Materials Fund pursuant to Article 3 (commencing with Section 60240)
of Chapter 2 of Part 33.
(24) Year-Round School Grant Program, as set forth in Article 3
(commencing with Section 42260) of Chapter 7 of Part 24.
SEC. 10. SEC. 26. Article 15
(commencing with Section 51870) of Chapter 5 of Part 28 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 11. SEC. 27. Article 1
(commencing with Section 52130) of Chapter 7 of Part 28 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 28. Section 52240 of the Education
Code is amended to read:
52240. (a) The Legislature hereby finds and declares all of the
following:
(1) Advanced placement courses, for which school credit is
awarded, provide rigorous academic coursework opportunities for high
school pupils and help to improve the overall curriculum at schools
where those courses are provided.
(2) The successful completion of advanced placement courses and
the subsequent advanced placement examinations, which are conducted
by the College Entrance Examination Board and for which college
credit is awarded, provide a cost-effective means for high school
pupils to obtain college-level coursework experience.
(3) To the extent that economically
disadvantaged pupils are provided financial assistance to take
advanced placement examinations, they will be provided with
successful college-level experience and be encouraged to pursue
postsecondary education opportunities.
(b) It is the intent of the Legislature, therefore, that certain
state funding that currently is provided to school districts be made
available to provide financial assistance to economically
disadvantaged pupils for the payment of advanced placement
examination fees. It is further the intent of the Legislature that a
competitive grant program also be established for the purpose of
awarding grants to economically disadvantaged pupils to cover the
costs of advanced placement examination fees, thereby creating a
second source of financial assistance for economically disadvantaged
pupils taking advanced placement examinations.
(c)
(b) The Superintendent shall annually update the
information on advanced placement available on the department's
Internet Web site to include current information on the various means
available to school districts to offer or access advanced placement
courses, including online courses. The Superintendent shall annually
communicate with high schools that offer advanced placement courses
in fewer than five subjects, and inform them of the various options
for making advanced placement courses and other rigorous courses
available to pupils who may benefit from them.
SEC. 29. Section 52241 of the Education
Code is repealed.
52241. For purposes of this chapter, the following terms have the
following meanings:
(a) "Advanced placement examinations" means the advanced placement
examinations conducted by the College Entrance Examination Board, on
the basis of which participating institutions of postsecondary
education award postsecondary academic credit.
(b) "Economically disadvantaged pupil" means a high school pupil
who is any one of the following:
(1) A pupil who comes from a low-income household. As used in this
chapter, "low-income" refers to a household the taxable income of
which for the preceding tax year did not exceed 200 percent of an
amount equal to the poverty level determined by using the criteria of
poverty established by the Census Bureau of the United States
Department of Commerce. Documentation of a pupil's low-income status
for the purposes of this subdivision shall be made in accordance with
the following:
(A) In the case of a pupil who is 17 years of age or younger or
who is a dependent within the meaning of the federal Internal Revenue
Code, a signed financial need statement shall be submitted by the
pupil's parent or legal guardian, along with verification of this
financial need from another governmental entity or a photocopy of the
most recent federal income tax return filed by the pupil's parent or
legal guardian.
(B) In the case of a pupil who is 18 years of age or older or who
is not a dependent within the meaning of the federal Internal Revenue
Code, a signed financial need statement shall be submitted by the
pupil, along with verification of this financial need from another
governmental entity or a photocopy of the most recent federal income
tax return filed by the pupil.
(2) A pupil who is eligible for federal free or reduced meal
programs.
(3) A pupil who attends a school where at least 75 percent of all
pupils enrolled are eligible for federal free or reduced meal
programs.
SEC. 30. Section 52242 of the Education
Code is amended to read:
52242. Notwithstanding any other provision of law, a
A school district receiving funds
pursuant to Chapter 1 (commencing with Section 54000) of Part 29 may
expend any portion of those funds to may help
pay for all or part of the costs of one or more advanced placement
examinations that are charged to economically disadvantaged pupils.
SEC. 31. Section 52243 of the Education
Code is repealed.
52243. No later than January 1, 2004, the Superintendent of
Public Instruction shall submit a report to the Legislature
describing the effectiveness of the pilot grant program established
pursuant to Section 52244. The report shall include specific
recommendations to continue, discontinue, modify, or expand the
program. The report shall include information on at least all of the
following:
(a) The total number of pupils participating in advanced placement
examinations, separately identifying the number of economically
disadvantaged pupils, and any increases in those numbers as a result
of the funding made available pursuant to Section 52244.
(b) The performance and pass rates on advanced placement
examinations on the part of economically disadvantaged pupils,
including any increase in those rates.
(c) The number of pupils receiving financial assistance pursuant
to Section 52244 for advanced placement examination fees.
(d) The number of economically disadvantaged pupils in advance
placement programs who enroll in higher education institutions,
separated by institutional segment.
(e) The number of economically disadvantaged pupils who have
passed an advanced placement examination with a score of 3 or better
in any subject and have taken an advanced placement course in that
subject.
SEC. 32. Article 2 (commencing with Section 52340)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 33. Article 3 (commencing with Section 52350)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 34. Article 5 (commencing with Section 52381)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 35. Article 9 (commencing with Section 52485)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 36. Section 52920 of the Education
Code is amended to read:
52920. (a) The Legislature hereby finds and declares that the
International Baccalaureate Diploma Program is a comprehensive and
rigorous two-year curriculum, leading to examinations for high school
pupils. Its objectives are to provide pupils with a balanced
education, to facilitate geographic and cultural mobility, and to
promote international understanding through a shared academic
experience. Successful International Baccalaureate Diploma candidates
pursue a specific, intensive, balanced liberal arts course of study
and must pass rigorous examinations in seven curricula areas.
Successful International Baccalaureate Diploma candidates are
typically granted substantial advanced placement credit at the finest
colleges and universities in the nation. The academic content and
rigor of the instruction and examinations in International
Baccalaureate Diploma Programs is governed and continuously monitored
by the International Baccalaureate Organization in Geneva,
Switzerland.
(b) It is the intent of the Legislature to establish a
system of appropriate incentives to encourage high schools
to offer the intensive, rigorous course of instruction leading to
International Baccalaureate Diplomas and to encourage pupils in these
schools to enroll in, attempt, and pass the rigorous International
Baccalaureate Diploma course of study and the rigorous examinations
leading to the International Baccalaureate Diploma.
(c) The Superintendent shall annually update information on the
International Baccalaureate Diploma Program available on the
department's Internet Web site. The Superintendent also shall provide
support to high schools that offer International Baccalaureate (IB)
courses to facilitate communication with the Academic Senate for the
California Community Colleges, the Academic Senate of the California
State University, and the Academic Senate of the University of
California about the rigor of those courses and to ensure that
college credit is given to pupils who participate so that they
benefit from successful efforts in IB programs.
SEC. 37. Section 52921 of the Education
Code is repealed.
52921. School districts that operate an International
Baccalaureate Diploma Program shall submit by October 1 of each
school year the following information to the State Department of
Education:
(a) The number of pupils enrolled in courses leading to an
International Baccalaureate Diploma in each school district.
(b) The
number of teachers in each school district attending training
programs offered by the International Baccalaureate North America,
Inc.
(c) The number of teachers in each school district participating
in pre-International Baccalaureate support programs for the
International Baccalaureate Diploma Program.
(d) The amount of money spent by the school district to provide or
participate in the programs specified in subdivisions (a) to (c),
inclusive.
SEC. 38. Section 52922 of the Education
Code is amended to read:
52922. (a) From
funds appropriated for the purpose of this chapter, the
Superintendent shall annually allocate to each school district, on
behalf of each high school or middle school within the district
A school district that offers an
International Baccalaureate Diploma Program, the amount of
up to twenty-five thousand dollars ($25,000) for each participating
high school and middle school to cover the ongoing costs of
professional development required by the program and to
Program may help pay the test fees for low- and
middle-income pupils in need of financial
assistance, in accordance with criteria adopted by the
Superintendent. assistance.
(b) The amount provided in subdivision (a) shall be increased
annually by a cost-of-living adjustment, based on the same percentage
increase that is provided to the revenue limits of unified school
districts with 2,501 or more units of average daily attendance.
(c) The total amount allocated pursuant to subdivision (a) shall
not exceed the total amount of the funds appropriated for those
purposes in the annual Budget Act or another statute. If funds are
insufficient to fully fund all grants authorized, annual grants shall
first be allocated pursuant to subdivision (a) to those schools that
were funded in the prior fiscal year and in the amount of the prior
fiscal year grant with second priority given to high schools and
middle schools that have the highest percentage of pupils from
low-income families.
SEC. 39. Chapter 17 (commencing with Section
53080) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 12. SEC. 40. Chapter 3
(commencing with Section 54300) of Part 29 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 13. SEC. 41. Chapter 3.1
(commencing with Section 58520) of Part 31 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 42. Section 60118 of the Education
Code is repealed.
60118. County offices of education may, at their option, be
eligible to receive funds pursuant to this article. Allocations to
county offices of education shall be based upon prior year average
daily attendance in county operated educational programs and at the
average amount allocated to school districts per unit of average
daily attendance. For the purposes of this article, the terms
"governing board of a school district" and "governing board" are
deemed to include county boards of education.