Amended
IN
Assembly
July 05, 2021 |
Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
(b)This
section shall become operative on July 1, 2017.
(f)This section shall become operative on July 1, 2017.
(g)This section shall become operative on July 1, 2017.
(3)Videoconferencing and related distance learning capabilities.
(4)
(4)(A)Commencing with the 2019–20 fiscal year, this program is contingent upon appropriation by the Legislature.
(C)For the first two years
after any funds have been appropriated in support of this paragraph, funds shall be limited to schoolsites that did not offer a full-day kindergarten program as of July 1, 2019, and will use the funding to convert a part-day kindergarten program to a full-day kindergarten program.
(B)The
(g)
(h)
(i)
(j)
(k)
(l)
(C)The number of pupils participating in full-time in-person instruction by schoolsite and, if applicable, school district.
(D)The number of pupils participating in a mix of in-person and distance learning, known as hybrid learning, by schoolsite and, if applicable, school district.
(E)The number of pupils participating in distance learning by schoolsite and, if applicable, school district.
(F)
(G)The number of pupils being served in cohorts while the school is closed for in-person instruction and the support and services they are receiving.
(H)For school districts with schoolsites with pupils participating only in distance learning, the reasons why in-person instruction is not being offered and the barriers the schoolsite or school district faces in providing in-person instruction.
(I)
(a)Notwithstanding any other law, commencing with the 2021–22 fiscal year, an appropriation shall be made from the General Fund in the annual Budget Act for the support of public schools maintaining kindergarten or any of grades 1 to 12, inclusive, and the California Community Colleges to supplement funding appropriated pursuant to Section 8 of Article XVI of the California Constitution. In each fiscal year, the amount of the supplemental appropriation shall be equal to 1.5 percent of total General Fund revenues, as calculated pursuant to Section 8 of Article XVI of the California Constitution. The supplemental appropriation shall be made annually until the sum of all supplemental appropriations equals twelve
billion three hundred sixty-six million one hundred seven thousand dollars
($12,366,107,000).
(b)Amounts appropriated pursuant to subdivision (a) shall be deemed supplementary payments in excess of the minimum amount required for a given fiscal year pursuant to Section 8 of Article XVI of the California Constitution.
(c)(1)For the 2022–23 fiscal year, and each fiscal year thereafter, “the percentage of General Fund revenues appropriated for school districts and community colleges districts, respectively, in fiscal year 1986–87,” for purposes of paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, shall be deemed to be the percentage of General Fund revenues that would have been appropriated for those entities if the share of the General Fund of the supplementary payment calculated
pursuant to subdivision (a) in the prior fiscal year had been included in the percentage of General Fund revenues appropriated for school districts and community colleges districts, respectively, in fiscal year 1986–87.
(2)Paragraph (1) is operative until “the percentage of General Fund revenues appropriated for school districts and community colleges districts, respectively, in fiscal year 1986–87,” for purposes of paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution equals 40 percent.
(1)A school participating in a special assistance alternative authorized by Section 11(a)(1) of the federal Richard B.
Russell National School Lunch Act (Public Law 113-79), including Provision 2, Provision 3, or the Community Eligibility Provision, may establish a base year for purposes of the local control funding formula by determining the pupils at the school who are eligible for free or reduced-price meals and using each pupil’s eligibility status in that base year to report eligibility for up to each of the following three school years. The
(h)
A program for the multiple subject teaching credential also shall include the study of integrated methods of teaching language arts.
(5)Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280).
The
(A)A program of beginning teacher support and assessment approved by the commission and the Superintendent pursuant to Section 44279.1.
(B)An alternative
(C)An alternative
Eligibility for an examination waiver can only be achieved when the subject matter program is one which is listed by the commission under Section 44282, and the program has been successfully completed in an approved institution of higher learning.
The
(1)
(2)
(1)
(2)
It
(k)
(1)This prohibition does
(2)This prohibition does
(e)
(1)
(2)
(3)(A)In
(B)(i)For the 2015–16
school year and each school year thereafter, a
(I)
(II)
(ii)
(1)
(2)
(3)
(c)
(7)
(8)
(b)
(c)
(d)
(c)
(7)(A)Certificated employees and each pupil shall communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress.
(B)For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and the completion of assignments, examinations, or other indicators that evidence that the pupil is working on assignments, learning required concepts, and progressing toward successful completion of the course, as determined by certificated employees
providing instruction.
(C)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(5)A statement that the pupil is not required to enroll in courses authorized pursuant to Section 51749.5.
(3)A physical or electronic copy of the signed learning agreement shall be retained by the school district, county office of education, or charter
school for at least three years and as appropriate for auditing purposes.
(8)
(9)
(d)
(2)
(3)
(4)
(E)Offer an existing high-quality regional-based career technical education program as a joint powers agency.
(b)
(c)
(d)
(b)
(2)That services
(a)
(b)
(c)
(1)
(2)Communicate effectively
(3)Participate in
(4)Obtain appropriate
(5)Participate in school improvement and reform activities.
(6)Advocate for the child’s needs in a manner that promotes alternative forms of dispute resolution and positive relationships between parents and professionals .
(e)Develop uniform tracking and data collection systems, which are not duplicative and interface with existing special education data systems, to be utilized by each Family Empowerment Center on Disability.
(f)Establish outcome-based evaluation procedures and processes to be used by the State Department of Education.
(g)
(h)
The department shall include a link on the sample procedural safeguards maintained on its Internet Web site to the page on its Internet Web site that lists family empowerment centers. The department shall include this link on all sample procedural safeguard forms for which it maintains translations.
(b)
(c)
(2)
(c)
(2)
(3)
(c)
(b)In the event that the governing body of a district or the county superintendent of schools increases its appropriations limit pursuant to this section, it shall notify the Director of Finance of the change within 45 days.
(c)
(36)
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(38)
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(40)
(41)
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(45)
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(48)
6100-001-0890—For support of State Department of Education, payable from the Federal Trust Fund
........................
| 217,257,000 | ||||||
Schedule: | |||||||
(1) | 5205010-Curriculum Services
........................
| 141,903,000 | |||||
(2) | 5210066-Special Program Support
........................
| 75,354,000 | |||||
Provisions: | |||||||
1. | The funds appropriated in this item include federal Perkins V Act funds for the current fiscal year to be transferred to community colleges by means of interagency agreements. These funds shall be used by community colleges for the
administration of career technical education programs. | ||||||
2. | Of the funds appropriated in this item, $96,000 is available to the Advisory Commission on Special Education for the in-state travel and operational expenses of the commissioners and the secretary to the commission. | ||||||
3. | Of the funds appropriated in this item, $318,000 shall be used to provide training in culturally nonbiased assessment and specialized language skills to special education teachers. | ||||||
4. | (a) | Of the funds appropriated in this item, at least $11,765,000 is from the federal Child Care and Development Fund and is available for support of childcare services. Of the federal funds in this item, at least $1,533,000 is for 13.0 positions to address compliance monitoring and overpayments, which may contribute to early detection of fraud. All federally subsidized childcare agencies shall be audited pursuant to federal regulations per Part 98 of Title 45 of the Code of Federal Regulations. The State Department of Education (SDE) shall provide information to the Legislature and Department of Finance each year that quantifies by program provider-by-provider level data, including instances and amounts of overpayments and fraud, as documented by the SDE’s compliance monitoring efforts for the prior fiscal year. Additionally, the SDE shall provide a copy of any federal reports submitted regarding improper payments and fraud to the Legislature and the Department of Finance. | |||||
(b) | As a condition of receiving the resources specified in subdivision (a), every alternative payment agency and subsidized general childcare agency shall be audited each year using sufficient sampling of provider records of the following: (1) family fee determinations, (2) income eligibility, (3) rate limits, and (4) basis for hours of care, to determine compliance rates, any instances of misallocation of resources, and the amount of funds expected to be recovered from instances of both potential fraud and overpayment when no intent to defraud is suspected. This information shall be contained in a separate report for each provider, with a single statewide summary report annually submitted to the Governor and the Legislature no later than April 15. | ||||||
5. | Of the funds appropriated in this item, $16,834,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for the special education programs. The State Department of Education shall ensure the quarterly reports that the contractor submits on the results of its dispute resolution services reflect year-to-date data and final yearend data, includes the same information as required by Section 56504.4 of the Education Code, and includes the following information: | ||||||
(a) | The total number of cases won by each side. | ||||||
(b) | The number of issues decided in favor of each side in split decisions. | ||||||
(c) | The number of cases in which schools and parents were represented by attorneys. | ||||||
(d) | The number of requests for due process initiated by parents that were dismissed for insufficiency. | ||||||
(e) | The number of pupils of color who accessed the system. | ||||||
(f) | The number of non-English-speaking people who used the system. | ||||||
(g) | The length of each hearing. | ||||||
(h) | The number of hearing requests initiated by parents. | ||||||
(i) | The number of hearing requests initiated by school districts. | ||||||
(j) | The school district of each parent-initiated request for due process. | ||||||
(k) | The issues, within special education, that generated due process hearing requests during the quarter. | ||||||
(l) | The disabilities that generated due process hearing requests during the quarter. | ||||||
(m) | The age groups (preschool, primary, junior high, high school) that generated hearing requests. | ||||||
(n) | The number of requests received during the quarter. | ||||||
(o) | The number of hearing decisions that were appealed to a court during the quarter. | ||||||
(p) | The number of cases that were completely resolved in mediation by agreement. | ||||||
(q) | The number of cases that were completely resolved in a mandatory resolution session. | ||||||
6. | Of the funds appropriated in this item, $443,000 is for 3.0 positions within the State Department of Education for increased monitoring associated with educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. Sec. 1400 et seq.). | ||||||
7. | Of the funds appropriated in this item, at least $2,506,000 shall be available for the administration of 21st Century Community Learning Centers programs. | ||||||
8. | Of the funds appropriated in this item, $308,000 is available from federal Title II funds for an interagency agreement with the Commission on Teacher Credentialing to support teacher misassignment monitoring activities. | ||||||
9. | Of the funds appropriated in this item, up to $945,000 is available from federal Title II funds to support Title II-related priorities identified in the California State Plan adopted by the State Board of Education pursuant to the federal Elementary and Secondary Education Act as amended by the federal Every Student Succeeds Act (P.L. 114-95). | ||||||
10. | Of the funds appropriated in this item, $6,636,000 is for the California Longitudinal Pupil Achievement Data System (CALPADS), which is to meet the requirements of the federal Elementary and Secondary Education Act (ESEA) and Chapter 1002 of the Statutes of 2002. These funds are payable from the Federal Trust Fund to the State Department of Education (SDE). Of this amount, $5,641,000 is federal Title I, Part B funds and $995,000 is federal Title II funds. These funds are provided for the following purposes: $3,254,000 for systems housing and maintenance; $908,000 for costs associated with necessary system activities; $790,000 for SDE staff; and $710,000 for various other costs, including hardware and software costs, indirect charges, Department of General Services charges, and operating expenses and equipment. As a further condition of receiving these funds, the SDE shall not add additional data elements to CALPADS, require
local educational agencies to use the data collected through the CALPADS for any purpose, or otherwise expand or enhance the system beyond the data elements and functionalities that are identified in the most current approved Feasibility Study and Special Project Reports and the CALPADS Data Guide v4.1. In addition, $974,000 is for SDE data management staff responsible for fulfilling certain federal requirements not directly associated with CALPADS. | ||||||
11. | Of the funds appropriated in this item, $800,000 of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is available for the State Department of Education to provide oversight and technical assistance for local educational agencies as the responsibility for overseeing educationally related mental health services transitions from county mental
health agencies to special education local plan areas and to develop resources and provide technical assistance to local educational agencies for implementation of the federally required State Systemic Improvement Plan. | ||||||
12. | Of the funds appropriated in this item, at least $501,000 federal Title I, Part C, Migrant Education funds and 3.0 positions are provided for oversight and coordination of the State Parent Advisory Council, identification of qualifying program participants, and collecting and linking student data. | ||||||
13. | Of the funds appropriated in this item, up to $639,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.)
funds shall be available to the State Department of Education for warehouse costs related to providing accessible instructional materials to local educational agencies. | ||||||
14. | Of the funds appropriated in this item, $1,470,000 shall be available to support local Early Head Start services under the Early Head Start—Child Care Partnership Grant, consistent with the plan approved by the Department of Finance. This funding is available on a limited-term basis until June 30, 2024. | ||||||
15. | Of the funds appropriated in this item, $625,000 is available for 5.0 existing positions to establish and support a litigation unit within the State Department of Education’s Special
Education Division. | ||||||
16. | Of the amount provided in Schedule (1), $381,000 is available for 2.0 existing positions in the Improvement and Accountability Division to support the work of the State Department of Education, the California Collaborative for Educational Excellence, lead county offices of education, and stakeholders to inform the work of agencies within the statewide system of support pursuant to paragraph (2) of subdivision (a) of Section 52073 of the Education Code. | ||||||
17. | Of the funds appropriated in this item, $138,000 in federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds is provided for 1.0 position to fulfill
reporting requirements on the use of behavioral restraints and seclusion, pursuant to Chapter 998 of the Statutes of 2018. | ||||||
18. | Of the funds appropriated in this item, $150,000 in federal Title II funds and 1.0 position is available for the State Department of Education to administer the 21st Century California School Leadership Academy, in consultation with the executive director of the State Board of Education and in collaboration with the California Collaborative on Education Excellence. | ||||||
19. | Of the funds appropriated in this item, $1,032,000, of which
$420,000 is one-time carryover, is available to support training, technical assistance, and oversight of selected local educational agencies receiving the Project Advancing Wellness and Resilience in Education Grants. This funding is available on a limited-term basis until June 30, 2024. | ||||||
20. | Of the amount appropriated in this item, $460,000 in carryover is available in the 2020–21 fiscal year to provide state-level support on school safety and violence prevention. | ||||||
21. | Of the funds appropriated in this item, $1,639,000 shall be reserved for the professional development of private school teachers and administrators as required by Title II of the federal Every
Student Succeeds Act (20 U.S.C. Sec. 6601 et seq.). This amount reflects the availability of $1,209,000 ongoing federal Title II funds and $430,000 ongoing federal Title IV funds. | ||||||
22. | Of the funds appropriated in this item, $207,000 and 1.5 positions are available for homeless student coordinators. | ||||||
23. | Of the funds appropriated in Schedule (1), $350,000 federal Individuals with Disabilities Act funds shall be allocated to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will design a state standardized individualized education program template, and to develop and design an addendum to the state standardized template to address special education service delivery in a distance learning environment, including developing best practices for distance learning for students with exceptional needs. | ||||||
(a) | The workgroup shall include, but not be limited to, representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Developmental Services, local educational agencies, special education local plan areas, legislative staff, and relevant state and national policy experts, The workgroup shall do all of the following: | ||||||
(1) | Examine and make recommendations regarding the following matters: ensuring the individualized education program development and periodic review processes are designed to improve student outcomes by capturing student strengths and needs, and informing learning strategies that support instruction aligned to state standards. | ||||||
(2) | Design a state standardized individualized education program template that provides information about student strengths, needs, and learning strategies. | ||||||
(3) | Support transition planning with early learning and postsecondary options. | ||||||
(4) | Assess the feasibility of a web-based statewide individualized education program system to house a statewide template. | ||||||
(5) | Design a state standardized addendum to the individualized education program that addresses distance learning modifications and adaptations to the IEP necessitated by a state or local emergency, including best practices recommendations. | ||||||
(b) | To the extent practicable, the workgroup shall leverage findings from the Interagency Cooperation workgroup to strengthen Part C to Part B transitions, established pursuant to Section 56477 of the Education Code. | ||||||
(c) | On or before October 1, 2021, the selected local educational agency shall provide a report prepared with the non-governmental organization, which includes recommendations of the areas identified in subdivision (a), to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, the Superintendent of Public Instruction, and the Director of Finance. | ||||||
(d) | The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
24. | Of the funds appropriated in Schedule (1), $500,000 federal Individuals with Disabilities Education Act funds shall be available for the Superintendent of Public Instruction to, in consultation with and subject to the approval of the executive director of the State Board of Education, commission a study with a California postsecondary educational institution or a non-governmental research institution that examines special education governance and accountability in the manner and for the purposes set forth in this provision. | ||||||
(a) | The study shall include, but not be limited to, an examination of the state’s current governance and accountability structures for students with exceptional needs, ages 3 to 21, inclusive, and recommendations regarding improvements in the following areas: | ||||||
(1) | Delivering special education services and supports in the least restrictive environment. | ||||||
(2) | Improving student outcomes, including those measured by state and federal accountability systems. | ||||||
(3) | Ensuring an equitable distribution of special education supports and services to local educational agencies. | ||||||
(4) | Ensuring transparency in decision-making and distribution of state special education funding. | ||||||
(5) | Ensuring parent family and community input in local decision-making. | ||||||
(6) | Ensuring that small local educational agencies have access to fiscal and administrative resources necessary to serve pupils with exceptional needs. | ||||||
(7) | Aligning state and federal accountability, compliance, and support systems as related to pupils with disabilities. | ||||||
(8) | Identifying strategies and challenges for funding and supports in the current model and any recommended models. | ||||||
(b) | On or before October 1, 2021, the Superintendent of Public Instruction shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, and the Director of Finance with a report that details the results of the study in the areas specified in subdivision (a). | ||||||
(c) | The postsecondary educational institution or non-governmental research institution shall convene an advisory group composed, at a minimum, of a representative of the department, the state board, the Department of Finance, the Legislative Analyst’s Office, legislative staff of each house of the Legislature and, a local educational agency, a charter school, a county office of education, a special education local plan area, a community advisory committee, a family empowerment center, a representative of a postsecondary institution or research organization who has expertise in special education governance or accountability, a non-governmental organization that advocates for pupils with exceptional needs, an education specialist, and a parent of a pupil with exceptional needs. | ||||||
(d) | The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
25. | Of the funds appropriated in Schedule (1), $250,000 federal Individuals with Disabilities Act funds shall be allocated to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will examine and propose alternative pathways to a high school diploma for students with disabilities. | ||||||
(a) | The workgroup shall include, but not be limited to, representatives of the State Department of Education, the Department of Rehabilitation, the State Department of Developmental Services, local educational agencies, special education local plan areas, legislative staff, and relevant state and national policy experts. The workgroup shall examine and develop recommendations regarding the following matters: | ||||||
(1) | Studying existing and developing new alternate pathways for students with disabilities to access the core curriculum in order to satisfy the requirements for a high school diploma. | ||||||
(2) | Developing an alternate diploma aligned to the state’s alternate achievement standards for students with significant cognitive disabilities, consistent with federal law. | ||||||
(3) | Other related matters necessary to meet the purpose set forth in this provision. | ||||||
(b) | On or before October 1, 2021, the local educational agency shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or their designee, the Superintendent of Public Instruction, and the Director of Finance a report prepared with the non-governmental organization of recommendations in the areas identified in subdivision (a). | ||||||
(c) | The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2022. | ||||||
27. | Of the funds appropriated in this item, $387,000 carryover is available on a one-time basis for the administration of the Immediate Aid to Restart School Operations Grant program and to support long-term recovery efforts of local educational agencies affected by the Camp Fire in the Counties of Butte and Shasta in 2018. | ||||||
28. | Of the funds appropriated in this item, $1,612,000 one-time federal carryover is available for the professional development of private school teachers and administrators as required by Title II of the federal Every Student Succeeds Act (20 U.S.C. Sec 6601 et seq.). This amount reflects the availability of $1,181,000 one-time federal Title II funds and $431,000 one-time federal Title IV funds. | ||||||
29. | Of the funds appropriated in this item, $442,000 federal Title IV funds is available to support administration and compliance monitoring of the federal Title IV grant activities and review of local control accountability plan federal addenda. | ||||||
30. | Of the funds appropriated in this item, $250,000 one-time federal Title III carryover is available to develop a standardized English learner reclassification teacher observation protocol pursuant to Section 313.3 of the Education Code. | ||||||
31. | Of the funds appropriated in this item, $340,000 and 1.0 position are available for the administration of the Comprehensive Literacy State Development Grant. | ||||||
32. | Of the funds appropriated in Schedule (1), $15,000,000 shall be allocated by the Superintendent of Public Instruction to the California Student Aid Commission to support grants to special education teachers through the Golden State Teacher Grant Program. The amount appropriated for purposes of this provision shall be available for encumbrance or expenditure until June 30, 2023. | ||||||
33. | Of the funds appropriated in this item, $88,000 one-time federal Disaster Relief Act funds is available to support grant activities for the federal Supplemental Appropriations for Disaster Relief Act of 2019. | ||||||
34. | Of the funds appropriated in Schedule (2), $9,259,000 is available one time for a statewide data system for
early | ||||||
35. | Of the funds appropriated in Schedule (2), $28,000 is available one time to support Head Start Collaboration program activities. |
6100-158-0001—For local assistance, State Department of Education (Proposition 98), in lieu of the amount that otherwise would be appropriated pursuant to Section 41841.5 of the Education Code for Adults in Correctional Facilities
........................
| |||||||
Schedule: | |||||||
(1) | 5200163-Adults in Correctional Facilities Program
........................
| ||||||
Provisions: | |||||||
1. | Notwithstanding Section 41841.5 of the Education Code, or any other provision of law, all of the following shall apply: | ||||||
(a) | The amount appropriated in this item and any amount allocated for this program in this act shall be the only funds available for allocation by the Superintendent of Public Instruction to school districts or county offices of education for the Adults in Correctional Facilities Program. | ||||||
(b) | The amount appropriated in this item shall be allocated based upon 2019–20 rather than 2020–21 expenditures. | ||||||
(c) | Funding distributed to each local educational agency (LEA) for reimbursement of services provided in the 2019–20 fiscal year for the Adults in Correctional Facilities Program shall be limited to the amount received by the agency for services provided in the 2018–19 fiscal year, increased by the percentage change determined and provided pursuant to paragraph (2) of subdivision (d) of Section 42238.02 of the Education Code for the 2019–20 fiscal year. Funding shall be reduced or eliminated, as appropriate, for any LEA that reduces or
eliminates services provided under this program in the 2019–20 fiscal year, as compared to the level of services provided in the 2018–19 fiscal year. Any funds remaining as a result of those decreased levels of service shall be allocated to provide support for new programs in accordance with Section 41841.8 of the Education Code. | ||||||
(d) | Funding appropriated in this item for growth in average daily attendance (ADA) first shall be allocated to programs that are funded for 20 units or less of ADA, up to a maximum of 20 additional units of ADA per program. |
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.