BILL NUMBER: SB 436 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Committee on Education (Senators Liu (Chair), Block,
Hancock, Huff, Leyva, Mendoza, Pan, and Vidak)
FEBRUARY 25, 2015
An act to amend Sections 1042, 11800, 16236, 17070.75,
17088.2, 17463, 17582, 17592.5, 44320,
49073.1, 52335.12, and 60900 of, and to repeal Sections 17591,
32228.5, 35294.14, 48200.7, and 48200.8
48200.8, 52171.6, 52184, and 54006 of, the Education
Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 436, as amended, Committee on Education. Education: omnibus
bill.
(1) Existing law, until July 1, 2017, authorizes a county board of
education, subject to the concurrence of the county superintendent
of schools, to loan moneys from the proceeds of revenue anticipation
notes to a charter school for which the county board of education or
the county superintendent of schools has a supervisory responsibility
or, regardless of whether the charter school is within or outside of
the county, with which a county board of education or county
superintendent of schools has a contractual relationship. Existing
law requires the county board of education, as a condition of making
a loan to a charter school, to report to the State Department of
Education by September 15 of each year specified information on loans
made to charter schools within the prior fiscal year, and requires
the department to compile that information into one report to be
submitted by December 1 of each year to the appropriate policy and
fiscal committees of the Legislature, the Department of Finance, and
the Legislative Analyst's Office.
This bill would instead require the California School Finance
Authority within the State Treasurer's Office to compile the
information referenced above into the one report to be submitted by
December 1 of each year to the appropriate policy and fiscal
committees of the Legislature, the Department of Finance, and the
Legislative Analyst's Office.
(2) Existing law establishes the K-12 High-Speed Network, as
specified, for the purpose of enriching pupil educational experiences
and improving pupil academic performance by providing high-speed,
high-bandwidth Internet connectivity to the public schools. Existing
law requires the Superintendent of Public Instruction to use a
competitive grant process to select a local educational agency to
serve as the Lead Education Agency to administer the network on
behalf of the Superintendent. Existing law requires the
Superintendent to establish a K-12 HSN advisory board to include the
Superintendent, the county superintendent of schools of the Lead
Education Agency, the President of the State Board of Education, and
other officers of local educational agencies, including 3 schoolsite
representatives, as specified.
This bill would specify that the schoolsite representatives
appointed to the advisory board under this provision would serve
renewable 2-year terms.
(1)
(3) Existing law authorizes the State Allocation Board
to allocate any amount of the funds designated for purposes of school
housing aid for school districts impacted by seasonal agricultural
employment that is in excess of the amounts needed for administration
to any of specified funds, including the State School Deferred
Maintenance Fund, as provided. Existing law separately authorizes the
board to transfer any funds within the State School Building Aid
Fund that are in excess of the amounts needed by the board for the
maintenance of portable buildings or for the purchase of new portable
buildings, for that fiscal year, to any of specified funds,
including the State School Deferred Maintenance Fund, as provided.
This bill would delete those allocation authorizations to the
State School Deferred Maintenance Fund.
(2)
( 4) Existing law, the Leroy F. Greene School
Facilities Act of 1998 (the Greene Act of 1998), requires the State
Allocation Board to allocate to applicant school districts and county
offices of education prescribed per-unhoused-pupil state funding for
construction and modernization of school facilities, including
hardship funding, and supplemental funding for site development and
acquisition. Existing law requires the board to require school
districts and county offices of education that receive funding under
the Greene Act of 1998 to establish a restricted account within the
school district's or county office of education's general fund and to
deposit, in each fiscal year for 20 years, a minimum amount equal to
or greater than 3% of the school district's or county office of
education's total general fund expenditures, including other
financing uses, for that fiscal year into the account for maintenance
of school facilities. Existing law authorizes annual deposits into
the account in excess of 21/2% of the school district's general fund
budget to count towards the amount that a school district is required
to contribute in order to receive an apportionment from the State
School Deferred Maintenance Fund.
This bill would delete that authorization.
(3)
( 5) Existing law authorizes the governing
board of a school district to establish a restricted fund known as
the "district deferred maintenance fund" for certain school
facilities purposes, including, among others, any other items of
maintenance approved by the State Allocation Board.
This bill would remove that purpose from the list of specifically
authorized purposes, but would no longer limit the use of the fund to
the list of specifically authorized purposes.
(4) Existing law requires that professional preparation, including
student teaching, be made available in the upper division course
offerings at all California public institutions of higher learning,
except the California Maritime Academy and the Hastings College of
the Law and prohibits more than 9 semester units, or the equivalent,
of professional education courses from being designated as
prerequisites for purposes of admission to student teaching, except
as specified. Existing law provides that the Commission on Teacher
Credentialing shall encourage postsecondary institutions that offer
programs of professional preparation to collaborate with school
districts, county offices of education, and professional
organizations in the design and delivery of local programs to
function as part of the California beginning teacher support and
assessment program. If local educational agencies and institutions of
higher education voluntarily agree to implement the program,
existing law requires, in each program of preparation, support, and
assessment, the postsecondary institution to make it possible for
each candidate to complete all requirements for a valid teaching
credential in the equivalent of one year of full-time study.
This bill would instead require the postsecondary institution to
make it possible for each candidate to compete all requirements for a
valid teaching credential in the equivalent of 2 years of full-time
study.
(6) Existing law, the Carl Washington School Safety and Violence
Prevention Act, among other things, effectuates the intent of the
Legislature that public schools serving pupils in any of grades 8 to
12, inclusive, have access to supplemental resources to establish
programs and strategies that promote school safety and emphasize
violence prevention among children and youth in public schools. A
provision of this act requires the Superintendent of Public
Instruction to annually report to the Legislature regarding the use
of funds pursuant to the act, and to base this report on information
provided to the Superintendent by local educational agencies.
This bill would delete this provision.
(7) Existing law, the School Safety Violence Protection Act,
effectuates the intent of the Legislature that all public schools
with any combination of instructional settings from kindergarten to
grade 7, inclusive, have access to supplemental resources to
establish programs and strategies that promote school safety and
emphasize violence prevention among children and youth in the public
schools. A provision of this act requires the Superintendent of
Public Instruction and the Attorney General to cooperatively design
an evaluation process for the programs and activities established
pursuant to the act and report to the Legislature by January 1 of
each year, as specified.
This bill would delete this provision.
(5)
(8) Existing law requires the State Department of
Education, and authorizes the Compton Unified School District, to
identify low-performing schools in the school district, as provided,
for purposes of providing extended school year instruction. Former
law, repealed by its own provisions on January 1, 2003, authorized
the Compton Unified School District to receive funding for extended
year classes at those low-performing schools in the school district,
as provided. Existing law requires the department, in conjunction
with the Legislative Analyst, to contract for 2 independent
evaluations, as provided, to determine the effectiveness of the
extended school year curriculum, instructional program, and materials
in improving pupil academic outcomes at those low-performing schools
in the Compton Unified School District. Existing law requires the
results of the evaluations to be reported on or before January 1,
2002, and January 1, 2003, respectively, to specified persons.
This bill would delete those obsolete provisions.
(9) Existing law, the Chacon-Moscone Bilingual-Bicultural
Education Act of 1976, which ceased to be operative on June 30, 1987,
required, among other things, that the Superintendent of Public
Instruction report annually to the Legislature on bilingual education
programs, as specified. The act also required the State Department
of Education to prepare and submit to the Legislature an annual
report regarding the number of participants in the State Bilingual
Teacher Training Assistance Program and other topics related to that
program.
This bill would delete those reporting requirements.
(10) Existing law establishes programs to provide state aid to
public schools where pupil performance is affected by factors such as
low family income, high pupil transiency rates, and large numbers of
homes where a primary language other than English is spoken.
Existing law requires the Superintendent of Public Instruction to
submit annually to the Governor and to each house of the Legislature
a report evaluating these programs and containing information related
to specified topics.
This bill would delete the requirement for this annual report.
(6)
(11) This bill would also update references, delete
other obsolete provisions, make conforming changes, and make other
nonsubstantive changes.
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. Section 1042 of the
Education Code , as amended by Section 1 of
Chapter 38 of the Statutes of 2012, is amended to read:
1042. County boards of education may do all of the following:
(a) Adopt rules and regulations governing the administration of
the office of the county superintendent of schools.
(b) Review the county superintendent of schools annual itemized
estimate of anticipated revenue and expenditures before the annual
itemized estimate is filed with the auditor as required by Section
29040 of the Government Code, and make revisions, reductions, or
additions in the annual itemized estimate it deems advisable and
proper. An annual itemized estimate shall not be filed by the county
superintendent of schools or be approved by the county
board of supervisors until it has first been so reviewed and approved
by the county board of education.
(c) In the name by which the county board of education is
designated, acquire, lease, lease-purchase, hold, and convey real
property for the purpose of housing the offices and the services of
the county superintendent of schools, except that this subdivision
shall only apply to the county boards of education to which all or a
portion of the duties and functions of the county board of
supervisors specified in subdivision (b) of Section 1080 have been
transferred, with the exception of the recreational duties and
recreational functions specified in subdivisions (c) and (d) of
Section 1080.
(d) Contract with and employ any persons for the furnishing to the
county board of education of special services and advice in
financial, economic, accounting, engineering, legal, or
administrative matters if these persons are specially trained and
experienced and competent to perform the special services required.
The county board of education may pay to these persons from any
available funds the compensation that it deems proper for the
services rendered.
(e) (1) Notwithstanding Section 25304 of the Government Code, fill
by appointment any vacancy that occurs during the term of office of
the county superintendent of schools. In a county in which the county
superintendent of schools is elected, the appointee shall hold
office until the office is filled by election at the next
gubernatorial election.
(2) The authority described in this subdivision shall be vested in
a county board of education only upon its adoption by the county
board of education at a public meeting held pursuant to Article 1
(commencing with Section 1000).
(f) (1) Subject to the concurrence of the county superintendent of
schools pursuant to paragraph (3), use and expend moneys from the
proceeds of notes issued pursuant to the authority granted in Article
7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the Government Code, to make loans to a
charter school for which the county board of education or the county
superintendent of schools has a supervisory responsibility or,
regardless of whether the charter school is within or outside of the
county, with which the county board of education or the county
superintendent of schools has a contractual relationship pursuant to
subdivision (b) of Section 47603. Moneys borrowed by the county board
of education for the purpose of making a loan to a charter school
shall be payable solely from the funds of the charter school and
shall not constitute a debt or liability of the county board of
education or the county superintendent of schools, notwithstanding
the provisions of Section 53857 of the Government
Code, or any other law.
(2) The State of California is not liable for any debt or
liability within the meaning of Section 1 of Article XVI of the
California Constitution, or otherwise, for loans made pursuant to
this subdivision.
(3) Before the county board of education makes a loan pursuant to
this subdivision, the county superintendent of schools shall do all
of the following:
(A) Advise the chartering authority of the charter school and the
county office of education in which the charter school is primarily
located that the charter school has requested the loan.
(B) Allow the chartering authority and county office of education
to provide input regarding the advisability of making the loan.
(C) Solicit a recommendation from a recognized authority on school
district financial management who is not an employee of the county
office of education about the advisability of making the loan. The
recommendation shall consider the financial condition of the charter
school, the level of risk assumed by the county office of education,
and the potential impact on the county office of education if the
charter school is unable to repay the loan.
(D) Disclose the information received pursuant to subparagraphs
(B) and (C) at a regularly scheduled meeting of the county board of
education.
(E) Determine whether to concur with the intent of the county
board of education to make the loan.
(4) In any fiscal year, a charter school shall not receive more
than one loan that is made pursuant to this subdivision.
(5) (A) As a condition of making a loan to a charter school
pursuant to this subdivision, a county board of education shall
report to the department by September 15 of each year the following
information on loans made to charter schools within the prior fiscal
year:
(i) The name and address of each charter school that received a
loan, including the name of the county in which the charter school is
located.
(ii) The amount of the loan, including the interest rate, that
each charter school received.
(iii) The total amount of money loaned to charter schools by the
county board of education.
(iv) The average duration of loans made to charter schools.
(v) The current status of each loan, including whether or not the
charter school has repaid the loan.
(B) No later than December 1 of each year, the department
California School Finance Authority within the State
Treasurer's Office shall compile the information reported by
the county boards of education pursuant to subparagraph (A) into one
report and submit this information to the appropriate policy and
fiscal committees of the Legislature, the Department of Finance, and
the Legislative Analyst's Office.
(g) This section shall become inoperative on July 1, 2017, and, as
of January 1, 2018, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 11800 of the Education
Code is amen ded to read:
11800. (a) (1) The K-12 High-Speed Network (K-12 HSN) is hereby
established for the purpose of enriching pupil educational
experiences and improving pupil academic performance by providing
high-speed, high-bandwidth Internet connectivity to the public school
system, as defined by Section 6 of Article IX of the California
Constitution.
(2) The California Education Network is hereby established,
consisting of the California Research and Education Network (CalREN)
and the K-12 HSN.
(b) The Superintendent shall measure the success of the K-12 HSN
and ensure that the benefits of the K-12 HSN are maximized to the
extent possible. The K-12 HSN shall provide critical services and
functions for public primary and secondary local educational
agencies, including, but not limited to, all of the following:
(1) Reliable and cost-effective Internet service.
(2) Reliable and secure interconnectivity among public school
entities offering kindergarten or any of grades 1 to 12, inclusive,
in California, connection to higher education institutions of
California, and connection to state and local agencies to facilitate
efficient interaction, including transmission of data.
(3) Videoconferencing and related distance learning capabilities.
(4) Statewide coordination of network uses to benefit teaching and
learning.
(c) The Superintendent shall use a competitive grant process to
select a local educational agency to serve as the Lead Education
Agency to administer the K-12 HSN on behalf of the Superintendent.
(d) The Superintendent shall establish a K-12 HSN advisory board
to be composed of all of the following members:
(1) The Superintendent, or his or her designee.
(2) The county superintendent of schools of the Lead Education
Agency.
(3) A county superintendent of schools of a county with an average
daily attendance of more than 60,000 pupils, appointed by the
Superintendent. The member appointed pursuant to this paragraph shall
serve a renewable two-year term.
(4) Three school district superintendents, appointed by the
Superintendent. Members appointed pursuant to this paragraph shall
represent school districts that are diverse as to geography and size,
and that serve socioeconomically and culturally diverse pupil
populations. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(5) Two county superintendents of schools appointed by the
majority of the votes of all of the county superintendents of
schools. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(6) Three schoolsite representatives, which
who shall include not less than two classroom teachers or
instructional specialists. Members appointed pursuant to
this paragraph shall serve renewable two-year terms.
(7) The president of the state board or his or her designee.
(e) The advisory board shall meet quarterly and shall recommend
policy direction and broad operational guidance to the Superintendent
and the Lead Education Agency. The advisory board, in consultation
with the Lead Education Agency, shall develop recommendations for
measuring the success of the network, improving network oversight and
monitoring, strengthening accountability, and optimizing the use of
the K-12 HSN and its ability to improve education. The advisory board
shall report its recommendations to the Legislature, the Governor,
the Department of Finance, the president of the state board or his or
her designee, and the Legislative Analyst's Office by March 1, 2007.
It is the intent of the Legislature that the report identify and
recommend specific annual performance measures that should be
established to assess the effectiveness of the network.
(f) The duties of the Lead Education Agency shall include all of
the following:
(1) Entering into appropriate contracts for the provision of
high-speed, high-bandwidth Internet connectivity, provided such
contracts secure the necessary terms and conditions to adequately
protect the interests of the state. Terms and conditions shall
include, but are not limited to, all of the following:
(A) Development of comprehensive service level agreements.
(B) Protection of any ownership rights of intellectual property of
the state that result due to participation of the state in the K-12
HSN.
(C) Appropriate protection of assets of the state acquired due to
its participation in the K-12 HSN.
(D) Assurance that appropriate fee structures are in place.
(E) Assurance that any interest earned on funds of the state for
this purpose are used solely to the benefit of the project.
(2) Development of an annual budget request for the K-12 HSN for
submission to the department and the Department of Finance to be
included in the annual Budget Act.
(3) Development, in consultation with the advisory board
established pursuant to subdivision (d), of specific goals and
objectives for the program with appropriate reporting of success
measures developed by the Superintendent pursuant to subdivision (b).
(4) Ongoing fiscal oversight of the program, including mechanisms
to control statewide costs and exposure. To accomplish this
objective, the Lead Education Agency shall contract for an annual
independent audit of the program. The independent auditor shall
report the audit findings to the Superintendent, the Legislature, and
the Governor by December 15 of each year.
(5) Ongoing technical oversight of the program, including external
evaluation and independent validation, where appropriate. To
accomplish this objective, the Lead Education Agency shall contract
for an independent evaluation to be completed and provided to the
Superintendent by March 1, 2009. The Superintendent shall report the
results of the evaluation, including a response and recommendations
to correct any adverse findings from the evaluation, to the Governor
and the Legislature by April 30, 2009.
(6) (A) The Lead Education Agency shall administer grant programs
to promote the most cost-effective manner for the completion of
connectivity for all public schools of the state and cost-effective
applications that meet instructional needs to the extent that funds
are provided for these purposes in the annual Budget Act.
(B) Before the appropriation of any state funds for the purposes
of this paragraph, the Lead Education Agency shall submit information
justifying the need for additional grant funds, including, but not
limited to, all of the following:
(i) The number of schools and school districts that are already
connected.
(ii) The means by which the costs associated with connectivity
were covered for schools and school districts that are already
connected.
(iii) Obstacles to connection for those schools and school
districts that are not yet connected.
(iv) Other local options and funding sources for purposes of
connectivity and applications.
SECTION 1. SEC. 3. Section 16236 of
the Education Code is amended to read:
16236. Notwithstanding any other law, the board may allocate any
amount of the funds designated for purposes of this article that is
in excess of the amounts needed for the administration of this
article to any of the following:
(a) The Emergency School Classroom Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(b) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.
(c) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.
(d) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized to that fund.
(e) If the voters approve the Kindergarten-University Public
Education Facilities Bond Act of 2006 at the November 7, 2006,
statewide general election, the 2006 State School Facilities Fund for
allocation by the board for any purpose authorized to that fund.
SEC. 2. SEC. 4. Section 17070.75 of
the Education Code is amended to read:
17070.75. (a) The board shall require the school district to make
all necessary repairs, renewals, and replacements to ensure that a
project is at all times maintained in good repair, working order, and
condition. All costs incurred for this purpose shall be borne by the
school district.
(b) In order to ensure compliance with subdivision (a) and to
encourage school districts to maintain all buildings under their
control, the board shall require an applicant school district to do
all of the following before the approval of a project:
(1) Establish a restricted account within the general fund of the
school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the
highest priority to funding for the purposes set forth in subdivision
(a).
(2) (A) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for 20 years after receipt of
funds under this chapter, a minimum amount equal to or greater than 3
percent of the total general fund expenditures of the applicant
school district, including other financing uses, for that fiscal
year.
(B) A school district contribution to the account may be provided
in lieu of meeting the ongoing maintenance requirements pursuant to
Section 17014 to the extent the funds are used for purposes
established in that section. A school district that serves as the
administrative unit for a special education local plan area may elect
to exclude from its total general fund expenditures, for purposes of
this paragraph, the distribution of revenues that are passed through
to participating members of the special education local plan area.
(C) This paragraph applies only to the following school districts:
(i) High school districts with an average daily attendance greater
than 300 pupils.
(ii) Elementary school districts with an average daily attendance
greater than 900 pupils.
(iii) Unified school districts with an average daily attendance
greater than 1,200 pupils.
(3) Certify that it has publicly approved an ongoing and major
maintenance plan that outlines the use of the funds deposited, or to
be deposited, pursuant to paragraph (2). The plan may provide that
the school district need not expend all of its annual allocation for
ongoing and major maintenance in the year in which it is deposited if
the cost of major maintenance requires that the allocation be
carried over into another fiscal year. However, any state funds
carried over into a subsequent year may not be counted toward the
annual minimum contribution by the school district.
(c) A school district to which paragraph (2) of subdivision (b)
does not apply shall certify to the board that it can reasonably
maintain its facilities with a lesser level of maintenance.
(d) For purposes of calculating a county office of education
requirement pursuant to this section, the 3 percent
3-percent maintenance requirement shall be based
upon the county office of education general fund less any restricted
accounts.
(e) As a condition of participation in the school facilities
program, a school district shall establish a facilities inspection
system to ensure that each of its schools is maintained in good
repair.
(f) For purposes of this section, "good repair" has the same
meaning as specified in subdivision (d) of Section 17002.
SEC. 3. SEC. 5. Section 17088.2 of
the Education Code is amended to read:
17088.2. Notwithstanding any other law, the board may transfer
any funds within the State School Building Aid Fund that are in
excess of the amounts needed by the board for the maintenance of
portable buildings or for the purchase of new portable buildings, for
that fiscal year, to any of the following, as appropriate:
(a) The 1998 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(b) The 2002 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
(c) The 2004 State School Facilities Fund for allocation by the
board for any purpose authorized pursuant to that fund.
SEC. 4. SEC. 6. Section 17463 of the
Education Code is amended to read:
17463. Notwithstanding Section 17462, a school district having an
average daily attendance of less than 10,001 in any fiscal year may
deposit any and all interest earned on the funds derived from the
sale in that fiscal year of surplus property into the general fund of
the school district for any general fund purpose, subject to the
following conditions:
(a) Before that deposit, the school district shall submit to the
State Allocation Board a capital outlay plan for the school district
for a period of five years following that sale, together with a
declaration of the finding by the governing board of the school
district that the school facilities needs of the school district can
be met over that five-year period without funding or other assistance
from any state school facilities funding program. No later than the
date upon which that initial five-year period concludes, the school
district shall submit to the State Allocation Board a capital outlay
plan for the school district for the subsequent five-year period.
(b) Before the decision to place that interest money into the
school district's general fund, the governing board of the school
district shall consider the extent to which it is necessary or
appropriate to expend that money to meet the school district's needs
relative to capital outlay, facilities, modernization, and deferred
maintenance. In addition, as to any interest money deposited into the
school district's general fund pursuant to this section, the
governing board of the school district shall consider the extent to
which it is necessary or appropriate to expend the money to meet the
school district's needs relative to ongoing maintenance before
expending that money for any other purpose.
(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be
eligible during the 10-year period described in subdivision (a) for
funding or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part 10, or
any other state school facilities funding program.
(d) If a school district seeks state funding pursuant to Chapter
12 (commencing with Section 17000) of Part 10, Chapter 14 (commencing
with Section 17085) of Part 10, or any other state school facilities
funding program, on or after the expiration of the 10-year period
specified in subdivision (c), any state funding received by the
school district from the program shall be reduced by any remaining
funds derived from the sale of that surplus property by the school
district and any unencumbered interest earned on those funds.
SEC. 5. SEC. 7. Section 17582 of the
Education Code is amended to read:
17582. (a) The governing board of a school district may establish
a restricted fund to be known as the "district deferred maintenance
fund" for purposes including, but not limited to, major repair or
replacement of plumbing, heating, air conditioning, electrical,
roofing, and floor systems; the exterior and interior painting of
school buildings; the inspection, sampling, and analysis of building
materials to determine the presence of asbestos-containing materials;
the encapsulation or removal of asbestos-containing materials; the
inspection, identification, sampling, and analysis of building
materials to determine the presence of lead-containing materials; and
the control, management, and removal of lead-containing materials.
Funds deposited in the district deferred maintenance fund may be
received from any source and shall be accounted for separately from
all other funds and accounts and retained in the district deferred
maintenance fund for purposes of this section. The term "school
building" as used in this article includes a facility that a county
office of education is authorized to use pursuant to Article 3
(commencing with Section 17280) of Chapter 3.
(b) Funds deposited in the district deferred maintenance fund
shall only be expended for maintenance purposes as provided pursuant
to subdivision (a).
(c) The governing board of each school district shall have
complete control over the funds and earnings of funds once deposited
in the district deferred maintenance fund.
SEC. 6. SEC. 8. Section 17591 of the
Education Code is repealed.
SEC. 7. SEC. 9. Section 17592.5 of
the Education Code is amended to read:
17592.5. The Joint Powers Southern California
Regional Occupational Center and the Metropolitan Education District,
each of which is a joint powers authority, shall be
deemed to be school districts for purposes of Sections 17582, 17589,
and 17590.
SEC. 10. Section 32228.5 of the
Education Code is repealed.
32228.5. (a) The Superintendent of Public Instruction shall
annually report to the Legislature regarding the use of funds
pursuant to this article.
(b) As a condition of receipt of funds pursuant to this article,
local education agencies shall provide information for the purpose of
compiling the annual report required pursuant to subdivision (a) to
the Superintendent of Public Instruction, in a format determined by
the Superintendent of Public Instruction.
SEC. 11. Section 35294.14 of the
Education Code is repealed.
35294.14. The Superintendent of Public Instruction and the
Attorney General shall cooperatively design an evaluation process for
the programs and activities established pursuant to this article and
shall report to the Legislature by January 1 of each year,
commencing in 2001, any recommendations for modifications to existing
law relative to school safety and violence prevention among children
and youth.
SEC. 8. Section 44320 of the Education Code is
amended to read:
44320. (a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at all
California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the Law. No
more than nine semester units, or the equivalent, of professional
education courses may be designated as prerequisites for purposes of
admission to student teaching, except that, to satisfy the English
language requirement as set forth in paragraph (3) of subdivision (b)
of Section 44259, candidates may be required to take 12 semester
units, or the equivalent, as professional education prerequisites to
student teaching.
(b) The commission shall encourage postsecondary educational
institutions that offer programs of professional preparation to
collaborate with school districts, county offices of education, and
professional organizations in the design and delivery of local
programs to function as part of the California beginning teacher
support and assessment program pursuant to Section 44279.2. If local
educational agencies and institutions of higher education voluntarily
agree to implement the program, the following provisions shall apply
to each collaborative effort:
(1) Postsecondary educational institutions and local educational
agencies shall coordinate and articulate the program of professional
preparation and the beginning teacher support and assessment program,
so the two programs provide continuity in the preparation, support,
and assessment of beginning teachers.
(2) At the discretion of a postsecondary educational institution
that participates in a collaborative effort, the program of
professional preparation
may be submitted to the commission for approval as a program of
preparation, support, and assessment that is at least two years long.
(3) In each program of preparation, support, and assessment, the
postsecondary educational institution shall make it possible for each
candidate to complete all requirements for a valid teaching
credential in the equivalent of two years of full-time study.
(4) A postsecondary educational institution that participates in a
collaborative effort may, at its discretion, determine that
successful completion of the support and assessment components of an
articulated program of professional preparation, support, and
assessment fulfills some or all of the requirements of subdivision
(c) of Section 44259, and may accordingly recommend applicants for
the professional teaching credential. The standards and criteria for
making these determinations and recommendations shall be included in
the institution's proposal for a program.
(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary educational institution in the
design and delivery of an articulated program of professional
preparation, support, and assessment that meets the standards and
criteria pursuant to subdivision (c) of Section 44279.2, and that
receives funds pursuant to the annual Budget Act, may contract with
the postsecondary educational institution to pay the institution's
costs of designing and delivering the support and assessment
components of the program.
(c) Local educational agencies that are approved by the commission
to provide programs of personalized preparation to candidates for
designated subjects teaching credentials are encouraged to
participate in the design and delivery of local programs under the
California beginning teacher support and assessment program pursuant
to Article 4.5 (commencing with Section 44279.2), in a manner
consistent with subdivision (b).
(d) Before admission to either student teaching under any
professional preparation program approved by the commission, or
participation in a field experience program as described in Section
44324, a candidate for a credential shall obtain a certificate of
clearance from the commission that shall be issued when the
commission has verified the candidate's personal identification and
health status. The fee for the certificate of clearance shall not
exceed one-half of the regular fee for a credential and shall be
deducted from the fee for the initial credential applied for by the
certificate holder.
SEC. 9. SEC. 12. Section 48200.7 of
the Education Code is repealed.
SEC. 10. SEC. 13. Section 48200.8 of
the Education Code is repealed.
SEC. 14. Section 49073.1 of the
Education Code is amended to read:
49073.1. (a) A local educational agency may, pursuant to a policy
adopted by its governing board or, in the case of a charter school,
its governing body, enter into a contract with a third party for
either or both of the following purposes:
(1) To provide services, including cloud-based services, for the
digital storage, management, and retrieval of pupil records.
(2) To provide digital educational software that authorizes a
third-party provider of digital educational software to access,
store, and use pupil records in accordance with the contractual
provisions listed in subdivision (b).
(b) A local educational agency that enters into a contract with a
third party for purposes of subdivision (a) shall ensure the contract
contains all of the following:
(1) A statement that pupil records continue to be the property of
and under the control of the local educational agency.
(2) Notwithstanding paragraph (1), a description of the means by
which pupils may retain possession and control of their own
pupil-generated content, if applicable, including options by which a
pupil may transfer pupil-generated content to a personal account.
(3) A prohibition against the third party using any information in
the pupil record for any purpose other than those required or
specifically permitted by the contract.
(4) A description of the procedures by which a parent, legal
guardian, or eligible pupil may review personally identifiable
information in the pupil's records and correct erroneous information.
(5) A description of the actions the third party will take,
including the designation and training of responsible individuals, to
ensure the security and confidentiality of pupil records. Compliance
with this requirement shall not, in itself, absolve the third party
of liability in the event of an unauthorized disclosure of pupil
records.
(6) A description of the procedures for notifying the affected
parent, legal guardian, or eligible pupil in the event of an
unauthorized disclosure of the pupil's records.
(7) (A) A certification that a pupil's records shall not be
retained or available to the third party upon completion of the terms
of the contract and a description of how that certification will be
enforced.
(B) The requirements provided in subparagraph (A) shall not apply
to pupil-generated content if the pupil chooses to establish or
maintain an account with the third party for the purpose of storing
that content pursuant to paragraph (2).
(8) A description of how the local educational agency and the
third party will jointly ensure compliance with the federal Family
Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
(9) A prohibition against the third party using personally
identifiable information in pupil records to engage in targeted
advertising.
(c) In addition to any other penalties, a contract that fails to
comply with the requirements of this section shall be rendered void
if, upon notice and a reasonable opportunity to cure, the
noncompliant party fails to come into compliance and cure any defect.
Written notice of noncompliance may be provided by any party to the
contract. All parties subject to a contract voided under this
subdivision shall return all pupil records in their possession to the
local educational agency.
(d) For purposes of this section, the following terms have the
following meanings:
(1) "Deidentified information" means information that cannot be
used to identify an individual pupil.
(2) "Eligible pupil" means a pupil who has reached 18 years of
age.
(3) "Local educational agency" includes school districts, county
offices of education, and charter schools.
(4) "Pupil-generated content" means materials created by a pupil,
including, but not limited to, essays, research reports, portfolios,
creative writing, music or other audio files, photographs, and
account information that enables ongoing ownership of pupil content.
"Pupil-generated content" does not include pupil responses to a
standardized assessment where pupil possession and control would
jeopardize the validity and reliability of that assessment.
(5) (A) "Pupil records" means both of the following:
(i) Any information directly related to a pupil that is maintained
by the local educational agency.
(ii) Any information acquired directly from the pupil through the
use of instructional software or applications assigned to the pupil
by a teacher or other local educational agency employee.
(B) "Pupil records" does not mean any of the following:
(i) Deidentified information, including aggregated deidentified
information, used by the third party to improve educational
products products, for adaptive learning
purposes purposes, and for customizing
pupil learning.
(ii) Deidentified information, including aggregated deidentified
information, used to demonstrate the effectiveness of the operator's
products in the marketing of those products.
(iii) Deidentified information, including aggregated deidentified
information, used for the development and improvement of educational
sites, services, or applications.
(6) "Third party" refers to a provider of digital educational
software or services, including cloud-based services, for the digital
storage, management, and retrieval of pupil records.
(e) If the provisions of this section are in conflict with the
terms of a contract in effect before January 1, 2015, the provisions
of this section shall not apply to the local educational agency or
the third party subject to that agreement until the expiration,
amendment, or renewal of the agreement.
(f) Nothing in this section shall be construed to impose liability
on a third party for content provided by any other third party.
SEC. 15. Section 52171.6 of the
Education Code is repealed.
52171.6. (a) The superintendent shall report annually to the
Legislature on bilingual education programs as part of the
multiple-funded program evaluation required pursuant to Section
33403. The superintendent shall coordinate the design of school
district and state evaluations to minimize the data collection and
reporting requirements at the school and district levels. Pupil
performance data for bilingual programs may be collected and analyzed
on a sample basis with appropriate controls for pupil and
instructional program characteristics.
The multiple-funded program evaluation shall include all of the
following:
(1) A summary of district reports submitted pursuant to
subdivision (a) of Section 52170 on the number of identified pupils
of limited-English proficiency, funds from all sources available for
programs to meet the needs of those identified pupils, and the
numbers of identified pupils who are not being provided with services
pursuant to subdivision (a), (b), (c), (d), (e), or (f) of Section
52163.
(2) Information on bilingual programs conducted pursuant to
Section 52165, on all of the following:
(A) The number of limited-English proficiency and
fluent-English-speaking pupils served in the program.
(B) The number of teachers holding bilingual credentials or
certificates of competency, bilingual aides, teachers who have
waivers, and language development specialists.
(C) Expenditures made from bilingual education funds by category
of expenditure.
(D) The number of pupils reclassified and district level
procedures for reclassification pursuant to Section 52164.6.
(E) A summary report of programs conducted pursuant to
subparagraph (B) of paragraph (1) of subdivision (c) of Section
52163.
(3) An assessment of the educational needs of pupils of
limited-English proficiency and the extent to which such needs are
being met from federal, state and local efforts, pursuant to
subdivision (e) of Section 52177.
(4) For pupils learning a substantive amount of the curriculum
through their primary language, basic skills assessment shall be
conducted in the primary language only; assessment of language
proficiency shall be conducted in English.
For pupils learning through both English and the primary language,
basic skills assessment shall be in English; assessment of language
proficiency shall be conducted in English. Pupils participating in
the individual learning plan shall be assessed as appropriate
pursuant to regulations, instruction, and guidelines to be issued by
the superintendent. Assessment of pupils in the primary language
shall be required only to the extent that appropriate instruments are
available.
(5) It is the intent of the Legislature that the evaluation of
programs conducted pursuant to this article shall be designed to
provide the Legislature, the board, the superintendent, and program
administrators at district and school levels with information
necessary to assist in all of the following:
(A) Refining and improving policies, regulations, guidelines, and
procedures on a continuing basis.
(B) Assessing the overall merits of local programs.
SEC. 16. Section 52184 of the Education
Code is repealed.
52184. The department shall prepare and submit to the Legislature
an annual report regarding the number of participants in the State
Bilingual Teacher Training Assistance Program, the success of the
program in assisting teachers under waiver in the geographic areas of
the state with high concentrations of pupils of
limited-English-proficiency and teachers under waiver, and the number
of teachers who have received assistance under the program and who
have been certified as bilingual-crosscultural teachers.
SEC. 11. SEC. 17. Section 52335.12
of the Education Code is amended to read:
52335.12. (a) As a condition of receiving additional funding
based on average daily attendance, the regional occupational center
or program shall report annually to the department the academic and
workforce preparation progress of the secondary pupils enrolled in
the center or program. Indicators to measure that progress shall
include, but are not limited to, the California Assessment of Student
Performance and Progress, pursuant to Article 4 (commencing with
Section 60640) of Chapter 5 of Part 33; the high school exit
examination, pursuant to Chapter 9 (commencing with 60850) of Part
33; and other indicators of academic and workforce preparation
success, such as reduced dropout rates, workforce preparation,
increased matriculation into postsecondary educational institutions,
and other measures as determined by the department.
(b) This section shall become effective only when the longitudinal
data on pupils enrolled in regional occupational centers and
programs can be disaggregated from the California
longitudinal pupil achievement data system
Longitudinal Pupil Achievement Data System (CALPADs) database,
established pursuant to Chapter 10 (commencing with Section 60900) of
Part 33.
(c) On or before October 1, 2007, the department shall submit to
the Department of Finance a detailed proposal for the implementation
of the outcome reports required in subdivision (a). The proposal
shall identify the specific data elements to be collected and the
costs associated with the data collection and preparation of the
report. The department shall consult with the Department of Finance
and the office of the Legislative Analyst during the development of
this proposal.
SEC. 18. Section 54006 of the Education
Code is repealed.
54006. The Superintendent of Public Instruction shall submit
annually to the Governor and to each house of the Legislature a
report evaluating the programs established pursuant to this chapter,
together with his recommendations concerning whether the same should
be continued in operation.
The evaluation submitted to the Legislature pursuant to this
section shall contain information concerning: (a) the total number of
students at each grade level participating in the programs funded
under this chapter, and (b) the effectiveness of the programs funded
under this chapter based to the maximum extent possible on objective
measurements.
SEC. 12. SEC. 19. Section 60900 of
the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals that will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information that can be
used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(5) To facilitate the ability of the state to publicly report
data, as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).
(e) In order to comply with federal law as delineated in the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.), the local educational agency shall retain individual pupil
records for each test taker, including all of the following:
(1) All demographic data collected from the California Assessment
of Student Performance and Progress (CAASPP), high school exit
examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the CAASPP, high school exit examination, and English language
development testing programs. To the extent feasible, data should
include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the CAASPP tests, high school exit examination,
and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with the approval of the state board, to comply with the federal
reporting requirements delineated in the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), after
review and comment by the advisory board convened pursuant to
subdivision (h). Before the implementation of this paragraph with
respect to adding data elements to the California Longitudinal Pupil
Achievement Data System for the purpose of complying with the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
the department and the appropriate postsecondary educational agencies
shall submit an expenditure plan to the Department of Finance
detailing any administrative costs to the department and costs to any
local educational agency, if applicable. The Department of Finance
shall provide to the Joint Legislative Budget Committee a copy of the
expenditure plan within 10 days of receipt of the expenditure plan
from the department.
(6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community Colleges to meet the requirements prescribed by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
these entities shall be authorized to obtain quarterly wage data,
commencing July 1, 2010, on students who have attended their
respective systems, to assess the impact of education on the
employment and earnings of those students, to conduct the annual
analysis of district-level and individual district or postsecondary
education system performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
CAASPP tests, high school exit examination, and English language
development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the CAASPP
tests, high school exit examination, and English language development
test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g),
Section 1232h of Title 20 of the United States Code, and related
federal regulations.
(h) The department shall convene an advisory board consisting of
representatives or designees from the state board, the Department of
Finance, the State Privacy Ombudsman, the Legislative Analyst's
Office, representatives of parent groups, school districts, and local
educational agencies, and education researchers to establish privacy
and access protocols, provide general guidance, and make
recommendations relative to data elements. The department is
encouraged to seek representation broadly reflective of the general
public of California.
(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
(j) This section shall be implemented using federal funds received
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), which are appropriated for purposes of this
section in Item 6110-113-0890 of Section 2.00 of the Budget Act of
2002 (Chapter 379 of the Statutes of 2002). The release of these
funds is contingent on approval of an expenditure plan by the
Department of Finance.
(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, and a
charter school.