AMENDED IN ASSEMBLY JUNE 26, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
BUDGET TRAILER BILL
Introduced by Committee on Budget and Fiscal Review
January 23, 2025
An act relating to the Budget Act of 2025. An act to amend Sections 1240, 2575.2, 2575.3, 8281.5, 8320, 8482.3, 8482.4, 8483.3, 8484.8, 8901, 8902, 11300, 11301, 14041.5, 14500, 14501, 14502.1, 14503, 14504, 14504.2, 14505, 14506, 14507, 14508, 14509, 32526, 33050, 41020, 41020.2, 41020.3, 41020.5, 41203.1, 41206.04, 41341, 41344.4, 41404.5, 41585, 42238.022, 42282, 42284, 42287, 44225.6, 44235, 44258.9, 44259, 44395, 44400, 44400.01, 44400.02, 44400.03, 44415, 44415.5, 44415.6, 44418, 45037, 45125.1, 46120, 46141, 46146, 46146.5, 46392, 47604.3, 47604.32, 47605, 47605.6, 47605.9, 47607, 47607.3, 48000, 51221.2, 51745.6, 51747.5, 52064.5, 52066, 52071, 52071.5, 52072, 52072.5, 53008, 53009, 54681, 54682, 54683, 54684, 56836.146, 56836.148, 60900.5,
66032.2, 69617, and 76004 of, to amend, renumber, and add Section 17076.11 of, to amend, repeal, and add Sections 44965, 45193, and 47607.2 of, to add Sections 1632, 2575.35, 2580, 2581, 2582, 2583, 8901.5, 8903, 17376, 41020.6, 44259.4, 44259.8, 44415.71, 44415.9, 44690.1, 46149, 49507, 51225.33, 52071.1, 52071.51, 53008.5, 53008.7, 53009.1, 53009.5, 54451, 54685.1, and 76001.5 to, to add Article 4 (commencing with Section 44475) to Chapter 3 of Part 25 of Division 3 of, and Article 11.5 (commencing with Section 51827) to Chapter 5 of Part 28 of Division 4 of, Title 2 of, to repeal Section 42252.1 of, and to repeal and add Sections 41020.8 and 44281 of, the Education Code, to amend Section 17581.6 of the Government Code, to amend Sections 143 and 162 of Chapter 44 of the Statutes of 2021, to amend Section 117 of Chapter 48 of the Statutes of 2023, to amend Section 81 of Chapter 8 of the Statutes of 2025, to repeal Section 55 of Chapter 13 of the Statutes of 2015, to repeal Section 135 of Chapter 44 of the
Statutes of 2021, to repeal Section 137 of Chapter 52 of the Statutes of 2022, and to repeal Section 115 of Chapter 48 of the Statutes of 2023, relating to education finance, and making an appropriation therefor, to take effect immediately, bill related to the budget.
Vote: majority Appropriation: yes Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
(1) Existing law requires the county superintendent of schools to submit 2 reports during the fiscal year to the county board of education and to certify in writing, as part of each report, whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for 2 subsequent fiscal years. Existing law requires the certifications to be classified as positive, qualified, or negative and authorizes the Superintendent of Public Instruction to reclassify a certification in accordance with specified standards. Existing law authorizes, if a county office of education receives a negative certification, the Superintendent or their designee, to take specified actions that are necessary to ensure that the county office of education meets its financial obligations.
This bill would require the Superintendent to provide notice of an action to reclassify a certification to the governing board of the county office of education. If a county office of education receives a negative certification, the bill would require, instead of authorize, the Superintendent, or their designee, to take the above-described actions.
(2) Existing law establishes a public school financing system that requires state funding for school districts, county offices of education, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the Superintendent to annually calculate a county local control funding formula for each county superintendent of schools that includes, among other things, an alternative education grant, as specified. Existing law includes, among other things, a base grant based upon average daily attendance as a component of that alternative education grant.
Existing law requires the Superintendent to add $300,000 and other specified amounts, that are dependent upon the number and size of school districts under its jurisdiction and that are determined to be in need of differentiated assistance, to a county superintendent of school’s local control funding formula allocation, as specified. Existing law also requires the Superintendent to add $100,000 per charter school determined to be in need of differentiated assistance to each county superintendent of school’s local control funding formula allocation, as specified.
This bill would, commencing with the 2026–27 fiscal year, replace the above-described additions to a county superintendent of school’s local control funding formula allocation, based on the number of school districts and charter schools determined to be in need of differentiated assistance, with a universal and targeted assistance county office of education funding grant allocated to a county office of education, on an annual basis, to support all local educational agencies within the county’s jurisdiction. The bill would require the grant to be calculated as the sum of (A) $500,000, with annual inflation adjustments, (B) a county office of education’s county average daily attendance grant, based on a specified formula, and (C) a stability grant for each county office of education that would receive a lesser universal and targeted assistance county office of education funding grant amount than in previous years, as provided. For a school district or county office of education that operates within a county in which there is only one school district, the bill would require the average daily attendance grant component and the stability grant component to be allocated to the lead agency of the region, identified pursuant to specified processes, in which the county office of education is located. The bill would require allocated grant funds to be used to provide universal and targeted assistance, free of cost, to support the continuous improvement of local educational agencies located within the county to improve outcomes under specified state priorities, as provided. The bill would, for the 2026–27 fiscal year, require county offices of education to spend their grant funds in a manner that prioritizes the support of school districts identified for technical assistance pursuant to specified provisions. The bill would require county offices of education to ensure local educational agencies identified for technical assistance are informed of the availability of this universal assistance. To the extent this imposes new duties on county offices of education, the bill would impose a state-mandated local program.
(3) Existing law appropriates $7,000,000 in the 2025–26 fiscal year from the General Fund to the Superintendent for allocation to the Los Angeles County Office of Education to develop a statewide repository of high-quality curriculum-embedded performance tasks across all grade levels, mapped to the Next Generation Science standards for use by local educational agencies and educators to support inquiry-based instruction and assessment.
This bill would appropriate, for the 2026–27 fiscal year and for each fiscal year thereafter, $890,000 from the General Fund to the State Department of Education for allocation to the Los Angeles County Office of Education to maintain that repository, as provided.
(4) Existing law appropriates $3,100,000 from the General Fund to the department for the 2021–22 fiscal year for allocation to the Kern County Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for the Standardized Account Code Structure system replacement project. Existing law, commencing with the 2022–23 fiscal year, continuously appropriates $3,920,000 each fiscal year from the General Fund to the department for allocation to the Kern County Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for maintenance and operation support for the Standardized Account Code Structure system.
This bill would codify those provisions and, commencing with the 2026–27 fiscal year, continuously appropriate an additional $220,000 each fiscal year from the General Fund to the department for allocation to the Kern County Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for maintenance and operation support for the Standardized Account Code Structure system.
(5) Existing law appropriates $30,000,000 from the General Fund to the Superintendent of Public Instruction for allocation to the Kern County Superintendent of Schools for the Mathematics Professional Learning Partnership to support educator training, including mathematics coaches, teachers, and school administrators for implementation of the new mathematics curriculum framework in local educational agencies, as provided.
This bill would appropriate $50,000,000 from the General Fund to the department for allocation to the Kern County Superintendent of Schools to augment the Mathematics Professional Learning Partnership, as provided. The bill would require the Mathematics Professional Learning Partnership to, among other things, continue to support the California Mathematics Project along with its other existing partners, as specified. The bill would require the Kern County Superintendent of Schools to submit a revised expenditure plan on behalf of the Mathematics Professional Learning Partnership to the Department of Finance for approval by October 1, 2026. By imposing additional duties on the Kern County Superintendent of Schools, the bill would impose a state-mandated local program.
(6) Existing law requires the Superintendent of Public Instruction to add $3,000,000 to the Los Angeles County Office of Education’s local control funding formula allocation for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
This bill would codify those provisions and, commencing with the 2026–27 fiscal year, would increase that add-on for the Los Angeles County Office of Education by an additional $1,000,000 to instead be $4,000,000, for allocation to the Museum of Tolerance for the above-described purpose.
(7) The Early Education Act, among other things, establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified. Existing law assigns the Superintendent various duties relating to the program.
This bill would, among other things, appropriate $200,0000,000 from the General Fund to the department for the 2026–27 fiscal year for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program, as specified. The bill would transfer the Superintendent’s duties under the program to the department, as provided.
The Early Education Act also establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children, as provided. The act requires the Superintendent to develop and administer a grant process and award grant funds to each county that applies for funding, as provided.
This bill would extend the expenditure and reversion periods for those grant funds, as specified, thereby making an appropriation. The bill would also appropriate $50,000,000 for the 2026–27 fiscal year to the department for renewal grants for existing local educational agency grantees or new grants for new local education agency consortia lead agencies, respectively, as specified.
(8) Existing law creates the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. Existing law appropriates $6,345,405,000 from the General Fund to the department for transfer to the Learning Recovery Emergency Fund. Existing law requires the Superintendent to allocate these appropriated funds to school districts, county offices of education, and charter schools, as provided. Existing law appropriates an additional $378,650,000 from the General Fund to the department for transfer to the Learning Recovery Emergency Fund, to be allocated by the Superintendent to those local educational agencies operating in the 2025–26 fiscal year, as provided.
This bill would appropriate $757,300,000 from the General Fund to the department for transfer to the Learning Recovery Emergency Fund, to be allocated by the Superintendent to local educational agencies operating in the 2026–27 fiscal year, as provided.
(9) Existing law appropriates $2,836,660,000 in the 2021–22 fiscal year from the General Fund to the Superintendent to administer the California Community Schools Partnership Program and requires those funds to be available for encumbrance or expenditure until June 30, 2032. Existing law requires at least $2,694,827,000 of that amount to be allocated to establish new, and expand existing, community schools with up to 72% of those funds to be available for implementation grants and at least 18% to be available for extending implementation grants, as provided.
This bill would require the department, instead of the Superintendent, to administer the program. The bill would eliminate the above-described 18% allocation and, instead, would make at least $84,000,000 available for reappropriation in the 2026–27 fiscal year for various activities to support the long-term planning and implementation of the program, as provided. The bill would require the Legislature to initially appropriate $1,000,000,000 from the General Fund to the department to administer the program to distribute funding to local educational agencies, as defined, in accordance with a specified formula, to support a network of their eligible schoolsites to implement new, and provide ongoing support for existing, community schools, as provided. The bill would require, commencing with the 2027–28 fiscal year, the appropriation to be adjusted by a specific cost-of-living adjustment.
Of the amount appropriated for purposes of the program, the bill would require $10,000,000 to be allocated each fiscal year to the department to select, subject to the approval of the executive director of the State Board of Education, at least one local educational agency to implement the technical assistance structure, as provided, and to support an ongoing certification process, as provided.
The bill would require the department to allocate specified funding in the annual Budget Act to county offices of education to coordinate county-level governmental, nonprofit community-based organizations, and other external partnerships to support community school implementation at schoolsites receiving allocations under the California Community Schools Partnership Program in their county, as provided.
The bill would require the state board to adopt and maintain a framework for the California Community Schools Partnership Act, as provided.
(10) Existing law, the Leroy F. Greene School Facilities Act of 1998, provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities. The act also establishes the Charter School Facilities Program to provide funding to qualifying entities for the purpose of establishing school facilities for charter school pupils and the Career Technical Education Facilities Program to provide funding to qualifying local educational agencies for the purpose of constructing new facilities or reconfiguring existing facilities, as provided.
Existing law establishes the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Grant Program, under the administration of the State Allocation Board, to provide one-time grants to school districts and county offices of education to construct new school facilities or retrofit existing school facilities for the purpose of providing transitional kindergarten classrooms and full-day kindergarten classrooms and for the construction of new preschool classrooms, the modernization of existing preschool classrooms, or the modernization of existing kindergarten and grades 1 to 12, inclusive, classrooms that would be converted to provide California state preschool programs operated by school districts, as defined, on a public schoolsite, as provided.
If the board determines that an applicant school district, county office of education, joint powers authority, or charter school is in default, or projected to default, with the requirements of any program administered by the board, this bill would authorize the board to withhold any new approvals for the applicant local educational agency, as specified. The bill would provide that the withholding of approval by the board, in and of itself, does not make the board liable for any tort, breach of contract, or any other action for damages caused by an applicant arising from new construction or modernization by the applicant, and would provide that the applicant is liable for those damages caused by the applicant, as provided.
Existing law authorizes the governing board of a school district or a county board of education to request the state board to waive all or part of specified education laws or regulations adopted by the state board, as provided, with exceptions. Existing law establishes provisions relating to the construction of school builds and provisions relating to transitional kindergarten and kindergarten admission, and prohibits the state board from waiving all or part of those provisions.
This bill would prohibit that state board from waiving all or part of the provisions of the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program.
(11) Existing law authorizes dual enrollment programs, including middle college high schools and College and Career Access Pathways (CCAP) partnerships, under which high school pupils enrolled in a school district, county office of education, or charter school can obtain college credits while enrolled in high school, as specified.
This bill would, among other things, authorize regional occupational centers or programs to establish middle college high schools or enter into CCAP partnerships, as provided. The bill would deem courses offered through a dual enrollment program offered by a local educational agency, with an agreement with an institution of higher education, to be dual credit courses, and would authorize dual credit courses to be counted on an official transcript for the pupil from both the participating local educational agency and institution of higher education, as provided.
(12) Existing law requires the California Community Colleges and the department to collaborate with each other and with their respective local community colleges and local school districts to ensure the continued success of existing middle college high schools and to promote the establishment of new middle college high schools, and establishes responsibilities of the California Community Colleges and the department related to middle college high schools, as provided.
This bill would require the California Community Colleges and the department to also collaborate with regional occupational centers or programs and would include regional occupational centers or programs in the provisions describing the responsibilities of those entities related to middle college high schools.
(13) Existing law requires the department, in consultation with the office of the Chancellor of the California Community Colleges, to administer a competitive grant program to award grants to school districts, charter schools, and county offices of education to establish dual enrollment programs, as specified.
This bill would revise and recast the competitive grant program by, among other things, (A) making regional occupational centers or programs eligible to apply for a grant under the competitive grant program, (B) providing an additional grant to participating local educational agencies that will use funds received under this competitive grant program to expand dual enrollment opportunities directly to justice-involved youth, (C) revising and adding to criteria for priority under the competitive grant program, and (D) authorizing an alternative grant of up to $100,000 to be used to support the costs to expand an existing dual enrollment program, as provided. The bill would appropriate $100,000,000 from the General Fund to the department for this competitive grant program, as provided.
(14) Existing law requires, not later than March 1 of each fiscal year, county superintendents of schools to provide for an audit of all funds under their jurisdiction and control, and requires the governing board of each local educational agency to either provide for an audit of the books and accounts of the local educational agency or make arrangements with county superintendents of schools to provide for that auditing. Existing law requires the governing board of each school district and each office of the county superintendent of schools to include specified provisions in their contracts for audits and requires financial and compliance audits to be performed in accordance with specified standards. If the governing board of a school district has entered into a contract for an independent audit of its financial statements and the audited financial statements have not been filed with the county superintendent of schools on or before a specified due date, existing law authorizes the county superintendent of schools to, among other things, investigate the causes for the delay, as provided.
This bill would expressly apply the above-described provisions to educational joint powers authorities and charter schools. The bill, among other things, would require those financial and compliance audits of local educational agencies to be posted on the local educational agency’s internet website, conducted in accordance with specified filing deadlines, and would revise requirements regarding which entity is responsible for providing an audit if a local educational agency has not provided for an audit of their respective books and accounts to include the Controller or a chartering authority, as provided. The bill would require, instead of authorize, a county superintendent of schools to investigate the causes for an above-described delay.
Existing law requires the Controller to, among other things, on an annual basis, review and monitor the audit reports performed by independent auditors, determine whether audit reports are in conformance with specified reporting provisions, and notify each local educational agency, the responsible county superintendent of schools, the Superintendent, the Department of Finance, and the auditor regarding each determination. Existing law authorizes the Controller to perform quality control reviews of audit working papers to determine whether audits are performed in conformity with specified standards. Existing law requires the Controller to annually report to the State Department of Education to apprise the department of school districts and offices of county superintendents of schools that are not in compliance with applicable statutes and regulations related to audits and requires the Controller to make recommendations as to what action should be taken by the department.
The bill, among other things, would require the Controller to, if applicable, notify the responsible chartering authority of each determination made, as referenced above, and would require notification to applicable entities to be made within 6 months of the audit report due date or the audit report issue date, whichever is later. The bill would require the Controller to establish and publish as part of the audit guidelines a weighted risk-based criteria that considers auditor experience and quality factors in determining which audit engagements are required to undergo a quality control review, as provided.
The bill, commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, would require the Controller to include (A) instructions requiring, among other things, as part of supplementary information, instructions requiring specified schedules, (B) instructions requiring, at a minimum, that specified compliance procedures are performed in annual audits of a local educational agency, and (C) a library of sample letters and schedules for school districts and charter schools as a means of guidance to audits. The bill, commencing with the 2027–28 fiscal year, would require the Controller’s desk review checklist that is used to determine whether audit reports are in conformance with specified reporting requirements to be published no later than October 31 of each year, or 30 days following the release of a specified federal supplement, whichever is later.
Existing law requires the Controller, in consultation with the Department of Finance and the State Department of Education, to develop a plan to review and report on financial and compliance audits, and with representatives of other entities, to recommend the statements and other information to be included in the audit reports filed with the state by local educational agencies, and to propose the content of an audit guide.
This bill would require the Controller to consult with representatives of 2 additional specified entities.
Existing law requires audits to be made by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by a local educational agency, as applicable, from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local educational agencies. Under existing law, once the Controller or county superintendent of schools makes a final determination that specified audits performed by a certified public accountant or public accountant were not performed in substantial conformity with provisions of an audit guide, or that the audit reports do not conform to the provisions of an audit guide, the certified public accountant or public accountant is ineligible to conduct specified audits for 3 years.
In order to be added to, or remain on, the Controller’s directory of certified public accountants and public accountants as described above, the bill would require, commencing with the 2027–28 fiscal year, and every 2 years thereafter, audit engagement partners and certified public accountants or public accountants responsible for local educational agency audits and audit staff who perform audit procedures of local educational agencies to, among other things, complete 16 hours of continuing education. In order to be added to, or remain on, the Controller’s directory of certified public accountants and public accountants as described above, the bill would require, commencing with the 2027–28 fiscal year, audit engagement partners, certified public accountant firms, and certified public accountants or public accountants responsible for local educational agency audits to, among other things, demonstrate specified experience, and maintain compliance with the California Board of Accountancy requirements to keep applicable licenses in active status and good standing, as provided.
The bill would extend the above-described rules related to the ineligibility of the certified public accountant or public accountant to audits of charter schools, as provided, and would additionally require the Controller to notify charter schools of those certified public accountants or public accountants determined to be ineligible to conduct audits, as provided.
To the extent the bill would impose additional duties on local educational agencies or local officials, the bill would impose a state-mandated local program.
(15) For the 1990–91 fiscal year and each fiscal year thereafter, existing law requires that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes that provision inapplicable to the 1992–93 to 2025–26 fiscal years, inclusive.
This bill would also make that provision inapplicable to the 2026–27 fiscal year.
(16) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to apply for the support of school districts and community college districts based on one of 3 tests in any given fiscal year. If the Director of Finance determines pursuant to the certification process for the state’s minimum funding obligation to school districts and community college districts that the state has applied moneys in an amount that exceeds the minimum funding obligation for the fiscal year being certified, existing law requires the excess moneys to be credited to the fiscal year being certified.
Existing law provides that $5,422,143,000 allocated in the 2022–23 fiscal year for specified apportionments to school districts and charter schools, and $770,786,000 allocated in the 2022–23 fiscal year for specified apportionments to community college districts, are excess moneys credited to the 2022–23 fiscal year only for the purposes of determining the state’s minimum funding obligation to school districts and community college districts in the 2022–23 and 2023–24 fiscal years. Existing law requires 12 proportional shares of $437,769,000 and $62,231,000, respectively, of the $5,422,143,000 amount and the $770,786,000 amount, respectively, to be recognized annually from the 2027–28 fiscal year through the 2038–39 fiscal year, and shares of $168,915,000 and $24,014,000, respectively, of those amounts, to be recognized in the 2039–40 fiscal year, for budgetary and financial reporting purposes as allocations made in the 2022–23 fiscal year, but prohibits those amounts from being credited as allocations made to meet the minimum funding obligation to school districts and community college districts in the fiscal year in which the amount is recognized for budgetary and financial reporting purposes.
This bill would delay recognition of those amounts by one fiscal year to instead be the 2028–29 fiscal year through the 2039–40 fiscal years, inclusive, and the 2040–41 fiscal year, respectively, as provided.
(17) Existing law requires the Superintendent, if, during any fiscal year, the amount apportioned to a school district or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district or fund was entitled by an amount equal to the local control funding formula allocation for one unit of average daily attendance, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, to withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be.
This bill would require the Superintendent to apply the above-described provisions to county offices of education, educational joint powers authorities, and charter schools. If, during any fiscal year, a school district, county office of education, educational joint powers authority, or charter school determines that the amount apportioned to the school district, educational joint powers authority, county office of education, charter school, or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district, county office of education, educational joint powers authority, charter school, or fund was entitled by an amount equal to the local control funding formula allocation for one or more units of average daily attendance, the bill would require the local educational agency to report the corrected amount to the Superintendent. To the extent the bill would impose additional duties on a local educational agency, the bill would impose a state-mandated local program.
(18) Existing law establishes the Public School System Stabilization Account to provide a reserve for public school funding. Existing law requires, pursuant to specified calculations, the Controller to transfer certain moneys from the General Fund into the Public School System Stabilization Account for subsequent allocation to school districts and community college districts, as specified. Existing law requires, in any fiscal year in which the amount required to be applied by the state for the support of school districts and community college districts for that fiscal year is less than the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated and allocated local proceeds of taxes in the prior fiscal year, as adjusted pursuant to specified calculations, the amount of the deficiency to be appropriated and allocated by the state from the Public School System Stabilization Account for the support of school districts and community college districts. Existing law appropriates, for the 2025–26 fiscal year, $405,291,000 from the Public School System Stabilization Account to the Superintendent for allocation for the local control funding formula, as provided.
This bill, for the 2025–26 fiscal year, would delete the above-described appropriation and would transfer $500,000,000 from the General Fund to the Public School System Stabilization Account.
The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts in any given fiscal year.
Upon receipt of the 2027–28 May Revision General Fund revenue estimates, the bill would appropriate 33% of any increased General Fund proceeds of taxes for fiscal years 2025–26, 2026–27, and 2027–28 combined, compared to the forecast of those proceeds of taxes included in the 2026–27 Budget Act, after accounting for constitutionally-required increases for those years, for any unfunded portion of the constitutionally-required funding obligation, as described above, for the 2025–26 fiscal year, up to the full amount of the obligation. The bill would require that amount to be deposited to the Public School System Stabilization Account on a discretionary basis and available, upon subsequent appropriation by the Legislature, for school and community college purposes in the 2026–27 fiscal year or any subsequent fiscal year. The bill would require the Department of Finance, on or before May 20, 2027, to send a schedule to the Controller to implement these provisions.
(19) Existing law sets forth the maximum ratios of administrative employees to each 100 teachers in the various types of school districts. Existing law requires the Superintendent to determine, for each current fiscal year, for each school district in the state, the total number of administrative employees and the total number of teachers, except as provided, the total maximum number of administrative employees that should be employed by the school district based upon the application of the appropriate ratio prescribed by law, and the number of administrative employees in excess of the number allowable without penalty, as provided. Existing law requires the Superintendent to determine a reduction in state support resulting from excess administrative employees, as specified, and requires the school district’s 2nd principal apportionment for the current fiscal year to be reduced by that amount.
This bill would exempt the Plumas Unified School District from that reduction in state support for the 2023–24 fiscal year to the 2026–27 fiscal year, inclusive. The bill would make legislative findings and declarations as to the necessity of a special statute for the Plumas Unified School District.
(20) Existing law provides for the funding of necessary small schools and high schools, as specified. Existing law requires, among other things, that funding to include various specified amounts per pupil and teacher for different tiers of numbers of pupils and teachers.
This bill would revise the funding for necessary small schools and high schools by increasing some of those specified amounts.
(21) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission, by April 15 of each year, to report to the Legislature and the Governor information on the availability of teachers in California, including, among other things, the number and percentage of individuals serving pursuant to emergency permits or credential waivers.
This bill would revise and recast the reporting requirement by requiring the report to include information on the number and percentage of individuals serving on emergency-style permits, waivers of certification, and teaching permits for statutory leave, as provided. The bill would also authorize the commission to use information obtained from the State Department of Education through the California Longitudinal Pupil Achievement Data System to facilitate the development of the report and to analyze and publicly report educator workforce trends.
Existing law provides for the levying of fees by the commission for the issuance and renewal of teaching and service credentials, not to exceed $100.
This bill would, commencing July 1, 2026, authorize the commission to levy a fee not to exceed $125 for the renewal of teaching and service credentials, and retain the authorization for the commission to levy a fee not to exceed $100 for the issuance of teaching and service credentials.
Existing law requires the commission and the department to enter into a data sharing agreement for the department to provide the commission with educator assignment data necessary to annually identify educator misassignments and vacant positions at local educational agencies, as provided, as part of the California Statewide Assignment Accountability System. Existing law requires the commission to annually use data it receives from the department to produce an initial data file of vacant positions and educator assignments that do not have a clear match of credential to assignment and requires the commission to notify local educational agencies and monitoring authorities of the opportunity to access and review the initial data file of potential misassignments, as defined, and vacant positions. Existing law grants the commission the authority to make a final determination for all potential assignments and misassignments. Existing law requires the commission, commencing with the 2020–21 school year, to support the department in making annual educator assignment, misassignment, and vacant position data publicly available in a searchable format on the department’s internet website, as provided.
This bill would, beginning July 1, 2027, require teachers employed by a local educational agency and offering certain courses to hold the certificate, permit, or other document required by the commission for that assignment and be monitored. The bill would define “local educational agency” for these purposes to mean a school district, county office of education, charter school, or educational joint powers authority. To the extent that this provision would create new duties for county superintendents of schools and local educational agencies, it would constitute a state-mandated local program.
(22) Existing law establishes the Bilingual Teacher Professional Development Program, administered by the department in consultation with the commission, for teachers seeking to provide instruction in bilingual and multilingual settings.
This bill would establish the Pathways to Bilingual Teaching Program and would require the commission to develop and implement a program to award, on a competitive basis, grants of up to $600,000 to consortia of local educational agencies to form broader consortia with 4-year institutions of higher education, or 4-year institutions of higher education and community colleges, to establish or expand pathways to bilingual teaching to enable bilingual candidates to earn a multiple subject, single subject, PK-3 early childhood education specialist, or education specialist teaching credential, with a bilingual authorization, as provided. The bill would require the commission to annually report to the appropriate fiscal and policy committees of the Legislature on any grants funded until funds are fully expended, as specified. The bill would appropriate $10,000,000 from the General Fund to the commission for purposes of the program.
(23) Existing law prescribes the minimum requirements for a preliminary multiple subject, single subject, or education specialist teaching credential, including, among other requirements, verification of subject matter competence through one of multiple methods, including through the successful completion of a baccalaureate or higher degree from a regionally accredited institution of higher education. Existing law establishes that, for purposes of this method of subject matter competence, a single subject credential candidate is required to complete a major in one of the subject areas in which the commission credentials candidates, and a multiple subject credential candidate is required to complete a liberal studies major or other degree that includes coursework in specified content areas.
This bill would revise and recast the types of majors and coursework that count towards the verification of subject matter competence. The bill would, as applied to a single subject credential candidate, require completion of a major in one of the subject areas closely related to an area in which the commission credentials candidates. As applied to a multiple subject credential candidate, the bill would require a liberal studies major, education major, or other degree major that includes coursework required for the degree major in specified content areas. The bill would, as applied to verifying subject matter competence for a PK-3 early childhood education specialist credential, require completion of 24 semester units or the equivalent quarter units of nonremedial, degree-applicable coursework at a regionally accredited institution of higher education in early childhood education or child development, and completion of a major in child development, education, or a degree major in a subject area closely related to the credential area, as provided.
This bill would require the commission to use specified funding appropriated in the Budget Act of 2026 to enter into an agreement with a county office of education to collaborate on the design, development, and implementation of a statewide subject matter transcript review service. The bill would require the selected county office of education to deliver the system to the commission by July 1, 2027, and would require the commission to maintain and operate the service. The bill would require the service to allow commission-approved teacher preparation programs and local educational agencies to submit candidate or employee transcripts and supporting materials to the commission for transcript review, as provided. The bill would require the commission to take action, at a public meeting and following an opportunity for public comment, to adopt formal processes for producing advisory analyses through the service and making subject matter competency determinations through the service, as provided. The bill would require the commission to report to the Legislature, on or before January 1, 2029, on implementation of the service.
(24) Existing law requires the commission to select, administer, and interpret subject matter examinations, and establishes that those subject matter examinations are a prerequisite for assignment to assure minimum levels of subject matter knowledge by all certified personnel, as provided.
This bill would repeal those requirements and instead require the commission and programs of professional preparation to support teacher candidates to establish subject matter competence through degree major or coursework, as provided. The bill would require to commission to update the degree majors that establish subject matter competence and ensure the subject matter requirements support streamlined transcript review, as provided. The bill would require the commission to make subject matter examinations available when a candidate’s degree major or completed coursework do not establish their subject matter competence. The bill would require the commission to maintain a standard error of measurement for the determination of passing scores for these examinations.
(25) Existing law establishes the National Board for Professional Teaching Standards Certification Incentive Program under the administration of the department to award grants to a teacher who, among other things, (A) attains, initiates the process to attain, or initiates the process to maintain certification from the National Board for Professional Teaching Standards and (B) teaches at a high-priority school, as defined, for a specified duration.
This bill would, among other things, for purposes of satisfying the award requirements for attaining certification from the National Board for Professional Teaching Standards, require the school to be listed as a high-priority school on the most recent list of priority schools published by the department when the grant recipient applies for a National Board for Professional Teaching Standards Certification Incentive Program grant award. The bill would also authorize further service at that school to continue to satisfy the award requirements even if the school is no longer included on future priority school lists published by the department.
(26) Existing law establishes the Student Teacher Stipend Program to support prospective educators, as defined, during their completion of 500 or more hours of student teaching, as provided, and appropriates, for the 2025–26 fiscal year, $300,000,000 from the General Fund to the Commission on Teacher Credentialing for allocation to support the program. Existing law requires, to the extent that funds are available, up to $100,000,000 to be available annually for the commission to award funds to local educational agencies to provide stipends of $10,000 to prospective educators, as provided.
This bill would revise and recast the program by, among other things, increasing from $100,000,000 to $125,000,000 the annual amount to be made available to the commission to provide to local educational agencies for the above-described base stipends. The bill would also require, commencing July 1, 2027, local educational agencies awarded program funding to provide an additional stipend of $5,000 to prospective educators pursuing a credential and student teaching in a high-need field, as defined. The bill would require, commencing July 1, 2027, and, to the extent funds are available, $27,500,000 to be available annually for the commission to award funding to local educational agencies for these stipends related to high-need fields, as provided.
The bill would, for the 2026–27 fiscal year, appropriate $408,000,000 from the General Fund to the commission to support both the above-described base stipends and high-need fields stipends, and authorize the encumbrance of these funds until June 30, 2032.
(27) Existing law establishes the Teacher Residency Grant Program and appropriates, for the 2018–19 fiscal year, $75,000,000 from the General Fund to the commission to make one-time grants to develop new, or expand, strengthen, or improve access to existing, teacher residency programs that support, among other things, a list of designated shortage fields. Existing law requires teacher candidates sponsored by a grant recipient to be placed in an assignment in a school for a period of at least 4 school years and to obtain a preliminary teaching credential, as provided, Under existing law, a candidate has 5 school years to complete the 4-school-year teaching commitment. As applied to sponsored candidates who fail to earn a preliminary credential or meet the 4-year teaching commitment requirement, existing law (A) prescribes procedures by which the commission confirms with the grant recipient the applicable grant amount to be recovered from the candidate and the grant recipient, adjusted proportionally to reflect the service provided and (B) authorizes grant recipients to recover from the sponsored candidate the amount of grant funding invested in the candidate’s residency training, adjusted proportionately to reflect the service provided.
This bill would revise and recast these provisions by, among other things, (A) extending the time period for candidates to complete the 4-school-year teaching commitment from 5 school years to 8 school years and (B) authorizing candidates who are unable to complete their residency program or service requirement because of hardship to apply to waive any repayment obligation, as provided. The bill would also impose, as a condition on the commission’s authority to recover from a grant recipient, a requirement that 10% of the recipient’s sponsored candidates failed to earn a preliminary credential or meet the 4-year teaching requirement, as provided. As applied to grant recipients authority to recover from candidates, the bill would limit the costs considered as part of a candidate’s residency training to costs incurred that are specific to that candidate, as provided.
Existing law separately appropriates, for the 2021–22 fiscal year, $350,000,000 from the General Fund to the commission for the Teacher Residency Grant Program to support teacher residency programs that recruit and support the preparation of teachers, as specified, and, for the 2022–23 fiscal year, $184,000,000 from the General Fund to the commission to augment that Teacher Residency Grant Program. Existing law authorizes the commission to allocate up to $25,000,000 and $10,000,000 of those amounts, respectively, as capacity grants that are required to be awarded on a competitive basis to local educational agencies or consortia partnering with regionally accredited institutions of higher education to expand, strengthen, improve access to, or create teacher residency programs, or create school counselor residency programs that lead to more credentialed school counselors that reflect a local educational agency community’s diversity, respectively. Existing law authorizes the commission to determine the number of capacity grants to be awarded and the amount of the applicable grant, up to $250,000 per grant recipient.
This bill would instead authorize capacity and sustainability grants and would require those grant amounts to be between $100,000 and $300,000 per grant recipient, depending on the size of the program. The bill would appropriate $250,000,000 from the General Fund to the commission to augment the Teacher Residency Grant Program to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors, as provided, and would require that funding to be available for those capacity and sustainability grants.
Existing law appropriates funds from the General Fund to the commission to select a local educational agency to serve as a statewide technical assistance center to support teacher residency programs, as provided.
This bill would require the commission to allocate specified funds appropriated in the Budget Act of 2026 to the statewide technical assistance center for specified purposes, including, among other things, to support expanded regional technical assistance for teacher residency programs. The bill would require the commission to submit a report to the Governor and appropriate policy and fiscal committees of the Legislature on the impact of the statewide technical assistance center in providing technical assistance to support educators pursuing and attaining National Board for Professional Teaching Standards certification.
(28) Existing law appropriates $1,696,718,000 in the 2025–26 fiscal year from the General Fund to the department to establish the Student Support and Professional Development Discretionary Block Grant, for allocation to county offices of education, school districts, charter schools, and the state special schools for discretionary purposes, including, among other things, providing standards-aligned professional development for teachers on the English Language Arts/English Language Development Framework, the Literacy Roadmap, and the Mathematics Framework for California Public Schools and addressing rising costs, as provided.
This bill would appropriate, for the 2026–27 fiscal year, $4,400,163,000 from the General Fund to the department for that block grant, as provided. The bill would expressly authorize funding under the block grant to additionally be used for, among other things, providing professional development to improve the implementation of transitional kindergarten.
(29) Existing law establishes the 21st Century California School Leadership Academy to organize and offer professional learning opportunities for administrators and other school leaders and to provide grants to local educational agencies, institutions of higher education, and nonprofit educational services providers in a manner that ensures the availability of professional learning, free of charge, to local educational agencies, as provided. Existing law requires grantees to identify metrics to measure the effectiveness of professional learning and requires the department and the California Collaborative for Educational Excellence to evaluate the professional learning opportunities offered or funded through the 21st Century California School Leadership Academy for their effectiveness.
This bill would require the department to allocate specified funds appropriated in the Budget Act of 2026 to support the 21st Century California School Leadership Academy to support statewide professional learning opportunities, as specified.
(30) Existing law requires state funding to be calculated and withheld from a school district or county office of education as a penalty for any fiscal year in which a person renders service as a teacher in kindergarten or any of grades 1 to 12, inclusive, who does not have a valid certification document, as provided.
This bill would apply the above-described provisions relating to the penalties for a person rendering services as a teacher who does not have a valid credential or certification document to charter schools, as provided.
(31) Existing law requires any entity that has a contract with a school district, county office of education, or charter school to ensure that any employee who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee has a valid criminal records summary, as specified.
This bill would expressly apply the above-described provisions to educational joint powers authorities. The bill would require an entity that has a contract with a local educational agency to instead ensure any employee who interacts with pupils has a valid criminal records summary without regard to whether the interaction takes place outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee.
(32) Existing law establishes the Expanded Learning Opportunities Program and requires the Superintendent to allocate $2,750 per unit of average daily attendance, as specified, to local educational agencies with a prior fiscal year unduplicated pupil percentage of 55% or more, and requires those local educational agencies, as a condition of receiving that funding, to offer access to expanded learning opportunity programs to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and to provide access to any of those pupils whose parent or guardian requests their placement in a program. Existing law requires local educational agencies not receiving that funding, as a condition of receiving remaining funding, to offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and to provide access to any of those unduplicated pupils whose parent or guardian requests their placement in a program. Existing law subjects local educational agencies to an audit, as specified, to determine compliance with those requirements.
This bill would prohibit a local educational agency that receives an allocation from the remaining funding described above from receiving less than a per-unit rate of $1,800, as provided.
Existing law authorizes the department to allocate up to $5,000,000 of moneys appropriated for purposes of the program to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with specified activities.
This bill, commencing with the 2026–27 fiscal year, would, among other things, increase that amount by $2,500,000 to instead be $7,500,000, and require the coordination to also include state transformation assistance center activities.
(33) Existing law, the After School Education and Safety Program Act of 2002, an initiative statute approved by the voters as Proposition 49 at the November 5, 2002, statewide general election, establishes the After School Education and Safety (ASES) Program under which participating public schools receive grants to operate before and after school programs serving pupils in kindergarten or any of grades 1 to 9, inclusive. The act requires an amount not to exceed $550,000,000 to be continuously appropriated to the department from the General Fund in each fiscal year for purposes of the program, and requires the amount to be allocated to public elementary, middle, and junior high schools according to a specified priority scheme that requires funding under the act to be given to schools where a minimum of 50% of the pupils in elementary schools and 50% of the pupils in middle and junior high schools are eligible for free or reduced cost meals and requires the department, for purposes of selecting schools below those thresholds, to consider the percentage of pupils eligible for free and reduced-price lunch and other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
This bill, among other things, would require the department, for schools below the above-described thresholds, to prioritize, instead of consider, those factors and would include schoolsites not receiving funds for expanded learning opportunity programs and schoolsites participating in the California Community Schools Partnership Act as additional priority factors. The bill would prohibit funding pursuant to act from supplanting funding for expanded learning opportunity programs, as specified. The bill would include a legislative finding and declaration that the bill furthers the purposes of the After School Education and Safety Program Act of 2002.
(34) Existing federal law establishes the 21st Century Community Learning Centers Program to provide pupils with academic enrichment and other activities during nonschool hours or periods when school is not in session, as provided. Under the program, of the total amount appropriated for after school grants to community learning centers, at least 50% is required to be allocated on a priority basis to community learning centers serving high school pupils and at least 40% is required to be allocated on a priority basis to community learning centers serving elementary and middle school pupils, as provided. For centers serving elementary and middle school pupils, existing law requires priority to be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs, as provided. Existing law authorizes the department to use any funds remaining after the priority allocations for additional after school grants to community learning centers serving high school pupils.
This bill would instead require up to 40% of the total amount appropriated to be allocated on a priority basis to community learning centers serving elementary and middle school pupils and receiving funds pursuant to the Community Schools Partnership Act, as provided, and would require that priority be given to applicants that provide expanded learning programs on schoolsites not receiving funds for expanded learning opportunity programs, as provided. The bill would prohibit funding pursuant to the program from supplanting funding for expanded learning opportunity programs, as specified.
(35) Existing law provides that the minimum schoolday in a high school is 240 minutes, except as provided, including that a day of attendance for a pupil enrolled in grades 11 and 12 at an early college high school or middle college high school is 180 minutes of attendance if the pupil is also enrolled in a community college, classes of the California State University, or classes of the University of California, as provided.
This bill would reduce the 240-minute minimum schoolday to instead be 180 minutes of attendance for a pupil enrolled under a dual enrollment program that is part of a College and Career Access Pathways dual enrollment partnership agreement, as provided.
(36) Existing law, upon appropriation by the Legislature, establishes the California Teachers Collaborative for Holocaust and Genocide Education to establish a statewide teacher professional development program on genocide, including the Holocaust, for school district, county office of education, and charter school teachers, and provides that the collaborative’s mission is to ensure that genocide, including Holocaust, education is taught consistent with, among other things, content standards, curriculum frameworks, and instructional materials adopted by the state board, in ways that are interdisciplinary and age appropriate to pupils of different grade levels.
Existing law requires the Superintendent to establish the Holocaust and Genocide Education Grant Program to provide direct allocations to school districts, county offices of education, and charter schools for the purposes of providing Holocaust and genocide education and professional development on Holocaust and genocide education, as provided. Existing law establishes the Holocaust and Genocide Education Grant Program Fund in the State Treasury, and requires moneys in the fund to be available, upon appropriation by the Legislature, to the Superintendent for purposes of the grant program.
This bill would require the collaborative to administer the grant program, and would provide for moneys in the grant fund to be distributed to the collaborative, to be used to administer and implement the grant program. The bill would require the collaborative to provide annual reports to the department and the Legislature on the administration of the grant program. The bill would appropriate $10,000,000 from the General Fund for administration of the grant program, as provided.
(37) Existing law authorizes a school district, county office of education, or charter school to offer independent study to meet the educational needs of pupils when certain requirements are met. Existing law prohibits a local educational agency from being eligible to receive apportionments for independent study by pupils unless the local educational agency has adopted written policies, and implemented those policies, in accordance with rules and regulations adopted by the Superintendent, as specified. Existing law, for purposes of independent study, requires those programs to meet specified average-daily-attendance-to-certificated-employee ratios. Existing law authorizes a local educational agency to claim apportionment credit for independent study only to the extent of the time value of pupil work products.
This bill would revise the above-described required average-daily-attendance-to-certificated-employee ratios and would require a local educational agency to maintain one completed pupil work product in each of 4 specified subjects for a pupil enrolled in independent study for each of 3 specified attendance periods, except as provided.
(38) The Charter Schools Act of 1992 authorizes the establishment, operation, and governance of charter schools. The act authorizes the governing board of a school district, a county office of education, and the state board to approve a petition for the establishment of a charter school and to act as or designate a chartering authority, as provided. Existing law requires each chartering authority, with respect to each charter school under its authority, to, among other things, visit each charter school at least annually.
This bill would additionally require each chartering authority, with respect to each charter school under its authority, to provide the governing body of the charter school with feedback on any issues of concern identified in a specified review and an opportunity to respond, and, after completing annual financial and compliance audit oversight responsibilities, identify and provide notification to the governing body of the charter school within 60 days of any material concern arising out of the chartering authority’s ongoing oversight and monitoring activities. Commencing July 1, 2027, the bill would require each chartering authority to, among other things, visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school at least once every 2 years for each charter school under its authority and, for each nonclassroom-based charter school under its authority, annually review the charter school’s average daily attendance, as provided.
The bill would require charter schools to obtain the approval of the governing body of the charter school for any contract that would cause the charter school to compensate an individual contractor more than $100,000 in a fiscal year.
To the extent that these additions to the act would impose new duties on local educational agencies, they would constitute a state-mandated local program.
Existing law sets out performance standards and procedures for the renewal of charter schools, including prohibiting a chartering authority from renewing a charter if certain performance standards are not met.
The bill would require the state board to establish criteria to define verified data and identify an approved list of valid and reliable assessments that would be required to be used by a chartering authority in its determination of renewing a charter, as provided. The bill would revise the performance standards and procedures for the renewal of charter schools and make these provisions inoperative on July 1, 2028, and would repeal them as of January 1, 2029. The bill would set out revised standards and procedures for the renewal of charter schools that are operative on and after July 1, 2028.
(39) This bill would require the governing board of a school district or educational joint powers authority, the governing body of a charter school, or a county superintendent of schools, on or before July 1, 2027, to adopt a policy for local educational agencies to comply with in order to evaluate and approve contractors. The bill would require the policy to include specified provisions, including, among other things, that a local educational agency is prohibited from (A) expending public funds for a contract unless the materials, programs, and activities are nonsectarian, (B) offering financial payments or gifts to a pupil, prospective pupil, or a pupil’s parent, guardian, or relative as an incentive for pupil enrollment, referral, or retention, and (C) purchasing or contracting for annual and season passes or membership to amusement or theme parks, zoos, or family entertainment activities, except as provided.
(40) For the 2026–27 fiscal year, existing law requires the Superintendent to calculate, for specified charter schools that operate a minimum of 175 school days, the difference between the charter school’s certified local control funding formula entitlement as of the annual principal apportionment in that fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
This bill would require the amount calculated for the above-described charter schools to be adjusted to account for the increase in the add-on amount for transitional kindergarten from the 2024–25 to the 2025–26 fiscal years, inclusive, in a manner that ensures that those charter schools are not negatively impacted for the difference in funding increase for transitional kindergarten. The bill would require the Superintendent, for those charter schools, to calculate 30% of the charter school’s local control funding formula entitlement, as provided, as of the 2024–25 first principal apportionment and allocate that amount for each charter school in the 2026–27 fiscal year. The bill would also require the Superintendent to allocate $4,000,000 to Pasadena Unified School District to help address outstanding and ongoing recovery-related costs that resulted from the state of emergency that was declared by the Governor in January 2025.
(41) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law defines “transitional kindergarten” as the first year of a 2-year kindergarten program that uses curriculum that is age and developmentally appropriate.
This bill, for purposes of transitional kindergarten, would require developmentally appropriate curriculum to include (A) instructional practices that promote each child’s development and learning through a strengths- and play-based approach to joyful, engaged learning that addresses the domains of development, as specified, and (B) a cohesive set of principles, learning goals, intentional teaching strategies, activities, experiences, environments, and materials designed to help children learn and thrive in ways that are appropriate to their age and stage of development.
(42) Existing law requires the governing board of a school district to provide for a leave of absence from duty for a certificated employee or an academic employee of the district who is required to be absent from duty because of pregnancy, miscarriage, childbirth, and recovery from those conditions.
Existing law authorizes the governing board of a school district to provide for a leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to be absent from duty because of pregnancy or convalescence following childbirth. Existing law authorizes a governing board to adopt rules and regulations about leaves of absence for classified employees for these purposes, and authorizes a governing board to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided.
This bill would delete the latter provisions authorizing the governing board of a school district to adopt those rules and regulations. The bill instead would require a school district, county office of education, charter school, or educational joint powers authority to, for a certificated employee or an employee in the classified service of one of those educational entities, provide up to 14 weeks of a leave of absence with specified pay benefits for an employee who is required to be absent from duty because of pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions, as provided. The bill would authorize the paid leave to begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or a related condition. The bill would prohibit a leave of absence taken pursuant to these provisions from being deducted from other leaves of absence, as provided, would require those educational entities to maintain group health coverage for an employee who takes a leave of absence under these provisions for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence, would require compensation during the leave of absence taken under these provisions to include retirement fund contributions required of the educational entity, and would require the employee to earn full service credit during the leave of absence and to pay member contributions to the retirement fund. The bill would prohibit any other eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under these provisions. The bill would make these provisions operative on January 1, 2027.
The bill, commencing with the 2026–27 fiscal year, would make specified increases to certain local control funding formula grants and would require local educational agencies incurring costs related to providing employees with up to 14 weeks of paid pregnancy disability leave, as specified, to use those funds to reimburse those costs.
(43) Existing law requires the state board, on or before October 1, 2016, to adopt evaluation rubrics for certain purposes, including, among others, to assist a county superintendent of schools, the department, or a chartering authority in identifying school districts, county offices of education, and charter schools in need of technical assistance, pursuant to specified processes, and the specific priorities upon which the technical assistance should be focused. Existing law also requires these evaluation rubrics to include performance criteria, based on performance by pupil subgroups either across 2 or more state and local indicators or 2 or more state priorities, for local educational agency assistance and intervention. Existing law requires the state board, no later than July 15, 2026, to update the performance criteria, as provided.
This bill would revise and recast specified rules governing the length of technical assistance provided to local educational agencies. The bill would, among other things, beginning with the release of the 2026 California School Dashboard, and every 3 years thereafter, require the county superintendent of schools to provide technical assistance for a minimum of 3 years to a charter school or school district that meets the new criteria established by the state board, and would require the Superintendent to provide technical assistance for a minimum of 3 years to a county office of education that meets the new criteria established by the state board, as provided. By imposing new duties on county offices of education, the bill would impose a state-mandated local program
The bill would revise and recast the above-described provisions related to evaluation rubrics used to identify school districts, county offices of education, and charter schools in need of technical assistance. The bill would additionally authorize the criteria to be based on performance by an all pupils subgroup, comprised of at least 30 pupils at a local educational agency. The bill would, beginning with the release of the 2026 California School Dashboard, and every 3 years thereafter, require the state board to determine local educational agency eligibility for assistance and intervention based on the updated performance criteria. The bill would require the department to annually publish information on local educational agencies identified for assistance, as provided. The bill would require the state board, no later than May 15, 2029, to update the performance criteria for local educational assistance and intervention by the California Collaborative for Educational Excellence, as provided, and to make related recommendations to the Legislature.
(44) Existing law appropriates $600,000,000 from the General Fund to the department for allocation to certain school districts, county offices of education, and charter schools to expend on kitchen infrastructure upgrades that will increase a school’s capacity to prepare meals served through a federal school meal program, as defined, including for freshly prepared onsite meals, to serve fresh and nutritious school meals using minimally processed, locally grown, and sustainable food, or for expanding meal options for pupils with restricted diets, as specified. Existing law requires, as a condition of receiving funding, each local educational agency to report to the department, on or before June 30, 2025, on how it used the funding.
This bill would, for the 2026–27 fiscal year, appropriate $400,000,000 from the General Fund to the department for grants to school districts, county offices of education, and charter schools participating in the federal School Breakfast Program or the federal National School Lunch Program to support kitchen equipment, infrastructure, training, and the continued implementation of universal school meals, as provided. The bill would require the department to award grant funds as allocations, as specified, to eligible local educational agencies and would require the department to give priority to certain local educational agencies, including those that did not receive previous kitchen infrastructure and training grant funding, as provided.
(45) Existing law requires county superintendents of schools to provide technical assistance focused on data management processes and capacity to develop and implement actions and services responsive to pupil and community needs to school districts that fail to meet requirements associated with the California Longitudinal Pupil Achievement Data System, and requires the Superintendent to provide similar technical assistance to county offices of education, as provided.
This bill would instead require the above-described technical assistance to focus on the school district or county office of education’s capacity to develop and implement actions and services responsive to data quality and integrity in support of state and federal accountability, as provided. The bill would (A) require the county superintendent to provide this technical assistance to a school district, and the department to provide this technical assistance to a county office of education, for a minimum of one year, as provided, (B) require a school district to accept the technical assistance, and (C) would require a county board of education that requests this technical assistance to pay for the technical assistance, as provided. By imposing new duties on school districts and county offices of education, the bill would impose a state-mandated local program.
(46) Existing law requires the governing board of each school district and county board of education to adopt a local control accountability plan and to update its local control and accountability plan before July 1 of each year. Existing law requires a county superintendent of schools to prepare a summary of how the county superintendent of schools plans to support school districts and schools within the county in implementing specified provisions related to local control and accountability plans. Existing law requires this summary to include, among other things, a description of how the county superintendent of schools will support the continuous improvement of all school districts within the county, and one or more goals for specified topics, including providing technical assistance to school district and charter schools pursuant to specified procedures.
This bill would require the county superintendent of schools to include in that summary a description of how the county superintendent of schools will support the continuous improvement of all school districts within the county, including, at a minimum, clearly identifying the activities being performed by the county office of education and the source of funding for those activities. The bill would additionally require the county superintendent of schools to include in that summary a description of one or more goals for providing universal and targeted assistance to local educational agencies pursuant to the above-describe universal and targeted assistance county office of education funding grant. By imposing new duties on the county superintendents of schools, the bill would impose a state-mandated local program.
(47) Existing law requires the state board, on or before January 31, 2024, to appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, and requires the panel of experts, on or before December 31, 2024, to approve a list of screening instruments, as provided. Existing law requires the governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2, on or before June 30, 2025, to adopt one or more screening instruments from the list adopted by the panel of experts, and commencing no later than the 2025–26 school year, and annually thereafter, to assess each pupil in kindergarten and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency, unless the pupil’s parent or guardian opts out of the screening in writing. Existing law requires a local educational agency, in determining when during the school year to administer each screening instrument, to consider whether pupils have received sufficient instruction in foundational reading skills to support a valid assessment.
This bill would prohibit a local educational agency from administering a screening instrument to a kindergarten pupil for those purposes before the 91st schoolday in the school year. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department, on or before January 31, 2027, to develop and disseminate guidance to local educational agencies regarding determining whether a pupil has received sufficient instruction in foundational reading skills to support a valid assessment, as provided.
The bill would appropriate $40,000,000 from the General Fund to the Superintendent for allocation to local educational agencies that administer literacy screenings to pupils in kindergarten and grades 1 and 2 for risk of reading difficulties to support implementation of those requirements, as provided.
(48) Existing law makes various appropriations for the Literacy Coaches and Reading Specialists Grant Program and augmentation of that program, as specified.
This bill, among other things, would (A) codify those provisions and extend the encumbrance dates of those prior appropriations, (B) appropriate, for the 2026–27 fiscal year, $350,000,000 from the General Fund to the department to further augment the previously established Literacy Coaches and Reading Specialists Grant Program and previous augmentation of that program, as specified, and (C) revise existing, and add new, reporting requirements for purposes of the program, as specified.
(49) Existing law establishes the Dream Resource Center Grant Program for the purpose of providing pupils, including undocumented pupils, in grades 9 to 12, inclusive, with specified resources. The bill would require the department, in administering the program, to review applications and award grants based off of a tiered point system that prioritizes applications for funding, as provided. Existing law authorizes a school district, county office of education, or charter school, including those that have already established a Dream Resource Center at one or more schoolsites, to apply to the department to be eligible to receive a grant, as provided. Existing law requires a local educational agency that receives a grant under the program to use it for creating a Dream Resource Center or for supplementing, but not supplanting, an existing Dream Resource Center, as provided, and requires the department, on or before June 1, 2026, to submit a report to the appropriate policy committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of Dream Resource Centers funded with these grants.
This bill would, among other things, (A) authorize local educational agencies that can demonstrate that they are already providing specified resources through existing programmatic structures to also apply for funds to establish a Dream Resource Center and expand upon existing services, (B) require grant recipients, at the conclusion of the grant term, to provide a final report to the department, as specified, and (C) revise the department’s reporting requirement to instead be 3 reports due on or before each of December 30, 2028, December 30, 2030, and December 30, 2032. The bill would appropriate, for the 2026–27 fiscal year, $75,000,000 to the department to support the program.
(50) Existing law, subject to an appropriation of funds for this purpose in the annual Budget Act, requires the State Department of Social Services, in collaboration with the State Department of Education, to administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families by allocating funding to school districts and county offices of education, as specified.
Existing law requires the State Department of Education to (A) curate and maintain on its internet website information regarding requirements, best practices, and available state and federally funded programs for newcomer pupils and (B) publicly report on an annual basis on its internet website the enrollment of newcomer pupils, as provided.
This bill would appropriate $100,000,000 from the General Fund to the State Department of Education, in consultation with the State Department of Social Services, for California’s New Americans in Schools (CalNAS) program, which the bill would establish, to award grants on a competitive basis to school districts, county offices of education, and charter schools to provide services for newcomer pupils, English learners, and immigrant families, as specified. The bill would require $10,000,000 of that amount to be available to the State Department of Education to competitively award a grant to a local educational agency, or a consortium of local educational agencies, to provide statewide technical assistance for the program, as specified.
(51) Existing law requires the Superintendent to calculate allocations to special education local plan areas based on the average daily attendance of each local educational agency and charter school that is a local educational agency for purposes of special education, as specified. Existing law requires, commencing with the 2023–24 fiscal year and for each fiscal year thereafter, the Superintendent to determine the amount of funding per unit of average daily attendance for each special education local plan area using a specified calculation.
This bill would require the amount of funding per unit of average daily attendance for each special education local plan area to instead be $1,340 for the 2026–27 fiscal year and, commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the amount of funding per unit of average daily attendance for the prior fiscal year, as adjusted annually by a specified inflation factor. The bill would also revise the special education funding calculations for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area commencing with the 2026–27 fiscal year and for each fiscal year thereafter, as specified.
(52) Existing law authorizes the California College Guidance Initiative (CCGI) to provide its services to all local educational agencies, as provided, including services that provide pupils and their families with direct access to online tools and resources for college and career planning. Existing law requires the department to refer local educational agencies to CCGI for technical assistance in reconciling discrepancies between A–G coursework, as listed in their local pupil information system, and how those courses are registered in the University of California Course Management Portal at the office of the President of the University of California, or a successor A–G course management portal.
This bill would, among other things, require the department to also refer local educational agencies to CCGI to ensure that required dual enrollment courses are flagged in the data files submitted to CCGI. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.
(53) Existing law establishes the California Center for Inclusive College (the center) and annually appropriates, commencing with the 2024–25 fiscal year, $2,000,000 each fiscal year from the General Fund to the Superintendent of Public Instruction to, in consultation with the executive director of the state board, allocate to one or more county offices of education to administer the center.
This bill would require the Superintendent to allocation specified funding in the Budget Act of 2026 to the center for purposes of implementing inclusive college programs, as defined. The bill would authorize up to 15% of that amount to be used for the administration of those grant awards. The bill would require the center to submit a report to the Department of Finance on or before December 1, 2026, detailing how it plans to award funds, as specified.
The bill would require the Sacramento County Office of Education to utilize specified funding in the Budget Act of 2026 to develop resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, as provided.
(54) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission and requires the commission to provide one-time grant funds of up to $20,000 to each student enrolled, or who has applied for enrollment, on or after January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential, at either a qualifying institution, as defined, or a professional preparation program approved by the Commission on Teaching Credentialing, as specified, if the student commits to working at a priority school or a California preschool program for 4 years within the 8 years following the date the student completes the professional preparation program. Existing law limits the grant to up to $10,000 for a California resident student enrolled, or who has applied for enrollment, on or after January 1, 2020, to June 30, 2024, inclusive, at a private postsecondary educational institution that is approved by the Commission on Teacher Credentialing as a qualified institution, as specified. For applications received under the program from July 1, 2024, to June 30, 2026, inclusive, existing law requires the Student Aid Commission to provide reduced one-time grant funds of up to $10,000 and $5,000, respectively, to each student eligible for a grant, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for 2 years within the 4 years following the date the student completes the professional preparation program.
This bill would, among other things, extend eligibility for those reduced $10,000 and $5,000 grants indefinitely by removing the enrollment deadline of June 30, 2026. By expanding the time in which applications can be received under the program, which is funded by an existing appropriation, the bill would make an appropriation. The bill would require the preliminary teaching credential to be in a high-need field, as identified by the Commission on Teacher Credentialing.
For grants funded with specified federal funds, this bill would require the Student Aid Commission to provide one-time grants of up to $20,000 to each student enrolled, or who has applied for enrollment, on or after July 1, 2026, in a professional preparation program leading to a special education credential, at either a qualifying institution, as defined, or a professional preparation program approved by the Commission on Teaching Credentialing, as specified, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for 4 years within the 8 years following the date the student completes the professional preparation program. The bill would limit the grant funded with those specified federal funds to up to $10,000 for a California resident student enrolled, or who has applied for enrollment, on or after July 1, 2026, in a professional preparation program leading to a special education credential at a private postsecondary educational institution approved by the Commission on Teacher Credentialing as a qualified institution, as specified.
The Budget Act of 2025 appropriates $50,000,000 to the Student Aid Commission to augment support for the program.
This bill would require those funds to be available for encumbrance or expenditure by the commission until June 30, 2029. By extending the encumbrance or expenditure date for an existing appropriation, the bill would make an appropriation.
(55) Existing law requires certain funds appropriated in the annual Budget Act for reimbursement for the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, charter schools, and county offices of education, to support specified state-mandated local programs. Existing law provides that a school district, charter school, or county office of education that submits a letter requesting funding to the Superintendent and receives this block grant funding is not eligible to submit a claim for reimbursement for those specified mandated programs for the fiscal year in which the block grant funding is received.
This bill would add to the list of programs that are authorized for block grant funding in lieu of program-specific reimbursement to include requirements relating to the Menstrual Equity for All Act of 2021.
(56) Existing law, for the 2021–22 fiscal year, appropriates $15,000,000 from the General Fund to the Commission on Teacher Credentialing for the Computer Science Supplementary Authorization Incentive Grant Program for purposes of providing one-time grants to local educational agencies to support the preparation of credentialed teachers to earn a supplementary authorization in computer science and provide instruction in computer science coursework in settings authorized by the underlying credential, as provided. Under this program, a participating teacher is eligible to receive an award of up to $2,500, and a grant recipient is required to provide a 100% local match of the grant funding or an in-kind match of release time or substitute teacher costs for the participating teacher, as provided. Existing law requires those funds to be available for encumbrance until June 30, 2026.
This bill would increase the maximum amount a participating teacher is eligible to receive under the program from $2,500 to instead be $6,000. The bill would reduce the local match requirements to instead be cash equal to ⅓ of the grant funding or an in-kind match of administrative and coordination costs or release time or substitute teacher costs for the participating teacher, as provided. The bill would extend the period that those funds are available for encumbrance to instead be until June 30, 2030, thereby making an appropriation.
(57) Existing law appropriates $15,000,000 from the General Fund to the State Department of Education for allocation to the Riverside County Office of Education and the El Dorado County Office of Education in equal amounts in support of the Supporting Inclusive Practices project. Existing law requires those funds to be available for encumbrance until June 30, 2026.
This bill would extend the period that those funds are available for encumbrance to instead be until June 30, 2027, thereby making an appropriation. The bill would additionally appropriate, for the 2026–27 fiscal year, $30,000,000 from the General Fund to the department for allocation to the Riverside County Office of Education and the El Dorado County Office of Education in equal amounts in support of the Supporting Inclusive Practices project, as specified.
(58) Existing law appropriates $1,000,000 from the General Fund to the department to create, in consultation with the executive director of the state board, a Literacy Roadmap to help educators apply the state’s curriculum framework to classroom instruction, navigate the resources and professional development opportunities available to implement effective literacy instruction, and improve literacy outcomes for all pupils with a focus on equity, as provided.
This bill would extend the period that those funds are available for encumbrance to instead be until June 30, 2028, and make those funds available for liquidation until June 30, 2030, thereby making an appropriation.
(59) Existing law appropriates $15,000,000 from the General Fund to the Superintendent to designate a county office of education to identify and curate a repository of high-quality open educational resources for use by local educational agencies as part of the statewide system of support, as provided.
This bill would appropriate, for the 2026–27 fiscal year, $600,000 from the General Fund to the department to contract with a county office of education to curate and maintain the California Educators Together online repository of high-quality open educational resources for use by local educational agencies, as provided.
(60) Existing federal law, the McKinney-Vento Homeless Assistance Act, provides grants to states to carry out activities relating to the education of homeless children and youths, as defined, including, among others, providing services and activities to improve the identification of homeless children and youths and to enable them to enroll in, attend, and succeed in school.
This bill would appropriate $70,000,000 from the General Fund to the department for allocation to school districts, county offices of education, and charter schools to supplement funding available under the federal McKinney-Vento Homeless Assistance Act in order to increase the identification of, and improve educational outcomes for, homeless children and youths, as provided. The bill would require, as a condition of receiving one-time, 3-year grant funding, a local educational agency to commit to (A) communicate and collaborate with technical assistance centers to receive technical assistance, implement best practices, and foster partnerships with local and county governmental entities, educational institutions, and community-based organizations, (B) annually report on the academic outcomes for pupils served by the grants, as specified, and (C) submit a final report by December 31, 2029, to the department that describes how the local educational agency intends to sustain and integrate efforts supporting the needs of homeless children and youths after the one-time grant funds end, as specified.
(61) Existing law establishes the California Classified School Employee Teacher Credentialing Program for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs, as defined, and to provide instructional service as teachers in the public schools. Existing law requires the Commission on Teacher Credentialing, subject to an appropriation for these purposes in the annual Budget Act or other statute, to issue a request for proposals to all school districts, charter schools, and county offices of education in the state in order to solicit applications for funding.
This bill, for the 2026–27 fiscal year, would appropriate $10,000,000 from the General Fund to the Commission on Teacher Credentialing for the California Classified School Employee Teacher Credentialing Program, as specified.
(62) Existing law requires the Inglewood Unified School District to take certain actions by April 1, 2023, including meeting the requirements for qualified or positive certification, completing a comprehensive operational review, and undergoing an on-time annual independent audit, as provided. Existing law requires the Budget Act, beginning with the 2022–23 fiscal year, to include an appropriation of up to 25% of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance, if those requirements are met, and makes the disbursement those funds contingent upon the completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. activities specified in the prior year Budget Act. Existing law requires those activities to be determined based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools, as provided.
This bill, for the 2026–27 fiscal year, would appropriate $400,000 on a one-time basis from the General Fund to the County Office Fiscal Crisis and Management Assistance Team to offset the costs of the 2024–25 and 2025–26 annual comprehensive reviews for the Inglewood Unified School District.
(63) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(64) Certain funds transferred or appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(65) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
The people of the State of California do enact as follows:
SECTION 1.
Section 1240 of the Education Code is amended to read:
1240.
The county superintendent of schools shall do all of the following:
(a) Superintend the schools of that county.
(b) Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c) (1) Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent of schools annually may present a report of the state of the schools in the county, and of the county office of education, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2) (A) (i) Commencing with the 2021–22 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county, that describes the state of the schools in the county. The list established in the 2021–22 fiscal year shall also be used as the list established in the 2022–23 and 2023–24 fiscal years. The list of schools established pursuant to this section shall be reestablished in the 2024–25 fiscal year and again every three fiscal years thereafter. Each list shall be established in accordance with clause (ii), and shall be used for inspections beginning the following fiscal year.
(ii) The list of schools pursuant to clause (i) shall be compiled as follows:
(I) The Superintendent shall include on the list all schools that were most recently identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the list established in the 2021–22, 2022–23, and 2023–24 fiscal years, the Superintendent shall use the list of schools identified in the 2019–20 fiscal year for comprehensive support and improvement and for additional targeted support and improvement.
(II) The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. With the exception of alternative schools, all schools within a local educational agency that fail to meet the requirements of Sections 44258.9 and 60900 shall be included on the list for the applicable reporting cycle.
(III) The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.
(iii) The annual report shall include the determinations for each school made by the county superintendent, or the county superintendent’s designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendent’s designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendent’s designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(B) The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(C) On a quarterly basis, the county superintendent, or the county superintendent’s designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendent’s designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendent’s designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(D) The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i) Minimize disruption to the operation of the school.
(ii) Be performed by individuals who meet the requirements of Section 45125.1.
(iii) Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(E) The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i) Sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i).
(ii) The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii) The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(F) The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(G) If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i) Return to the school to verify repairs.
(ii) Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(H) For schools that are identified on the list established in the 2024–25 fiscal year pursuant to subparagraph (A), and only in the fiscal years in which that list is used, a county superintendent shall complete the textbook and instructional materials review conducted for purposes of this paragraph and subparagraph (A) of paragraph (3) of subdivision (i) by the eighth week of the school year. The county superintendent shall prioritize reviewing, within the first four weeks of the school year where practicable, schools for which the county superintendent has received information from a survey, a complaint filed pursuant to Section 35186, or any other reliable source that the school does not have sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i), or that a facility of the school poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089.
(d) Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e) Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f) Keep in the office of the county superintendent the reports of the Superintendent.
(g) Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of the applicant.
(h) Enforce the course of study.
(i) (1) Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2) For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3) (A) Commencing with the 2022–23 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year, except as specified in subparagraph (H) of paragraph (2) of subdivision (c).
(B) In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c) may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall, within 10 business days, provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C) For purposes of this paragraph, “written surveys” may include paper and electronic or online surveys.
(4) If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A) Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B) Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C) Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
(D) If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(5) If the county superintendent of schools determines that there are insufficient textbooks or instructional materials pursuant to a resolution received in accordance with subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, or as a result of receiving a report of an unresolved complaint pursuant to subdivision (e) of Section 35186 or an audit exception pursuant to subdivision (i)
(l) of Section 41020, the county superintendent shall do both of the following:
(A) Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
(B) If the deficiency is not remedied as required pursuant to subparagraph (A), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases the textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district when determining which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j) Preserve carefully all reports of school officers and teachers.
(k) Deliver to the county superintendent’s successor, at the close of the county superintendent’s official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l) (1) Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A) The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B) As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current
fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification.
certification and shall provide notice of that action to the governing board of the county office of education.
If a county office of education receives a negative certification, the Superintendent, or the Superintendent’s designee, may shall exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(2) All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3) This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4) The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(5) A county office of education having a negative or qualified certification, or classified as qualified or negative by the Superintendent, shall continue to be classified as qualified or negative until the next report required under this subdivision is filed.
(m) If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n) For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o) If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 2.
Section 1632 is added to the Education Code, to read:
1632.
(a) In order for the Superintendent to perform their fiscal oversight responsibilities pursuant to Sections 1240, 1622, and 1630, the Superintendent may request from the county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra and of the City and County of San Francisco and any applicable school district view-only access to the local financial system operated by the county office of education and the school district. Upon receiving a request from the Superintendent, the county superintendent and the school district shall provide access to the Superintendent within 30 calendar days.
(b) The Superintendent may direct the county auditor to withhold payment of any stipend, expenses, benefits, or salaries and wages of the county superintendent, the superintendent of the school district, or members of the governing board of the county office of education or school district, as appropriate, for failure to provide access within 30 calendar days. The payments shall be withheld until access to the local financial system is provided to the Superintendent. If the county superintendent performs the functions of the county auditor, the Superintendent may direct the county superintendent to withhold the payments specified in this subdivision.
SEC. 3.
Section 2575.2 of the Education Code is amended to read:
2575.2.
(a) (1) For the 2018–19 fiscal year to the 2022–23 fiscal year, inclusive, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of two hundred thousand dollars ($200,000) and the following:
(A) For the 2018–19 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2018 local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) using the 2017 local control funding formula assistance status report, divided by two.
(B) For the 2019–20 fiscal year to the 2022–23 fiscal year, inclusive, the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three.
(2) Commencing with For the 2023–24 fiscal year, year to the 2025–26 fiscal year, inclusive, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of three hundred thousand dollars ($300,000) and the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance
status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three.
(b) The allowance for each fiscal year shall be equal to the sum of the following: one hundred thousand dollars ($100,000) multiplied by the number of small school districts; two hundred thousand dollars ($200,000) multiplied by the number of medium school districts; and three hundred thousand dollars ($300,000) multiplied by the number of large school districts for which the county superintendent of schools has jurisdiction pursuant to Sections 1240 and 1253 that are also determined to be in need of differentiated assistance pursuant to subdivision (c) of Section 52071.
(c) For purposes of this section, a small school district is any school district with average daily attendance of 2,499 or less, a medium school district is any school district with an average daily attendance of at least 2,500 but not more than 9,999, and a large school district is any school district with an average daily attendance of 10,000 or more.
(d) Average daily attendance for purposes of this section shall be the annual period average daily attendance as reported by the school district for the prior fiscal year.
(e) For purposes of this section, a school district in need of differentiated assistance is a school district identified pursuant to subdivision (c) of Section 52071.
(f) For a county superintendent of schools in a county where the county board of education serves as the governing board of any school district under its jurisdiction, and the school district is identified for differentiated assistance pursuant to subdivision (c) of Section 52071, the amount calculated pursuant to subdivision (b) shall be allocated to the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located. Funds allocated pursuant to this subdivision shall be used by either the lead agency to whom the funds were allocated or another county office of education identified by the county office of education that generated the funds to provide the technical assistance described in subdivision (c) of Section 52071 to the county office of education that generated the funds.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202.
(h) This section shall become inoperative on July 1, 2026.
SEC. 4.
Section 2575.3 of the Education Code is amended to read:
2575.3.
(a) Commencing with the 2022–23 fiscal year, the Superintendent shall add to the amounts to be apportioned pursuant to Section 2575, the amount calculated in accordance with the following:
(1) For the 2022–23 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2022 local control funding formula assistance status report.
(2) For the 2023–24 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2023 local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) using the 2022 local control funding formula assistance status report, divided by two.
(3) For the 2024–25 fiscal year and each fiscal year thereafter,
and 2025–26 fiscal years, the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three.
(b) The allowance for each fiscal year shall be equal to the product of the following: one hundred thousand dollars ($100,000) multiplied by the number of charter schools in the county in which the charter school is located, or for charter schools authorized by the county board of education, the lead agency identified pursuant to Section 52073 for that county, that are also determined to be in need of differentiated assistance pursuant to subdivision (a) of Section 47607.3.
(c) For purposes of this section, a charter school in need of differentiated assistance is a charter school identified pursuant to subdivision (a) of Section 47607.3.
(d) Funds allocated pursuant to this section shall be used to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school that generated the funds.
(e) Nothing in this section shall preclude a lead agency identified pursuant to Section 52073 that receives funding pursuant to subdivision (b) from contracting with a designee, as identified in subdivision (d) of Section 52071, to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school that generated the funds.
(f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202.
(g) This section shall become inoperative on July 1, 2026.
SEC. 5.
Section 2575.35 is added to the Education Code, immediately following Section 2575.3, to read:
2575.35.
(a) For purposes of this section, the following definitions apply:
(1) “Community schools” has the same meaning as defined in subdivision (b) of Section 8901.
(2) “Universal and targeted assistance county office of education funding” means funding allocated under this section to a county office of education to support all local educational agencies within the county’s jurisdiction.
(b) (1) Funds allocated pursuant to this section shall be used to provide universal and targeted assistance, free of cost, to support the continuous improvement of all local educational agencies located within the county to improve outcomes under the state priorities identified in subdivision (d) of Section 52060 and subdivision (d) of Section 52066.
(2) The requirement that services be provided free of cost pursuant to this section applies only to services funded with moneys allocated under this section. This section does not prohibit a county superintendent of schools from entering into agreements with local educational agencies for a fee, provided that those services are (A) not supported with funds allocated pursuant to this section and (B), if the receiving local educational agency is located within the county offering the service, the service is supplemental to those offered in that county pursuant to this section.
(c) (1) Allowable uses for universal and targeted assistance include, but are not limited to, any of the following:
(A) (i) The county superintendent of schools providing targeted technical assistance pursuant to Sections 47607.3 and 52071.
(ii) The county superintendent of schools providing technical assistance related to data management processes pursuant to subdivision (b) of Section 52071.1.
(iii) For a school district or county office of education that operates within a county in which there is only one school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the school district is identified for differentiated assistance pursuant to subdivision (c) of Section 52071, the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located, or another county office of education identified by the county office of education that generated the funds, shall provide the technical assistance described in subdivision (c) of Section 52071 to the county office of education that generated the funds.
(iv) For charter schools authorized by the county board of education that are also determined to be in need of technical assistance pursuant to subdivision (a) of Section 47607.3, the lead agency identified pursuant to Section 52073 for that county shall provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school in need of assistance. Nothing in this section shall preclude a lead agency identified pursuant to Section 52073 that receives funding pursuant to this section from contracting with a designee, as identified in subdivision (d) of Section 52071, to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school in need of assistance.
(B) Providing support and professional development to local educational agencies on improving pupil performance and closing achievement gaps for pupil subgroups identified pursuant to Section 52052.
(C) Providing support to local educational agencies in evaluating their annual performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5.
(D) Providing effective assistance and coaching to local educational agencies on the development and implementation of the local control and accountability plan and the annual update to the local control and accountability plan, including assistance related to monitoring the impact of the implementation of local control and accountability plan goals pursuant to Section 52064.
(E) Coordinating and connecting local educational agencies with universal resources available through the statewide system of support, authorized pursuant to Section 52059.5, and community schools technical assistance pursuant to Section 8902 to support community schools implementation in their county.
(F) Providing support and assistance pursuant to subparagraphs (B) to (E), inclusive, in a manner that prioritizes local educational agencies identified pursuant to paragraph (2) of subdivision (h) of Section 52064.5.
(2) For the 2026–27 fiscal year, county offices of education shall spend the funds allocated pursuant to this section in a manner that prioritizes support of school districts identified for technical assistance pursuant to subdivision (c) or (f) of Section 52071 on the 2025 California School Dashboard.
(3) County offices of education shall ensure local educational agencies identified pursuant to paragraph (2) of subdivision (h) of Section 52064.5 are informed of the universal assistance available pursuant to this section. County offices of education shall spend the funds allocated pursuant to this section in a manner that prioritizes the identified local educational agencies for support.
(d) Commencing with the 2026–27 fiscal year, the department annually shall add to the amounts to be apportioned pursuant to Section 2575 a universal and targeted assistance county office of education funding grant equal to the sum of each of the following amounts:
(1) (A) For the 2026–27 fiscal year only, five hundred thousand dollars ($500,000).
(B) Commencing with the 2027–28 fiscal year, and for each fiscal year thereafter, the amount calculated pursuant to this paragraph for the prior fiscal year shall be adjusted by the percentage change applied pursuant to paragraph (4) of subdivision (a) of Section 2574 for the current fiscal year.
(2) A county office of education average daily attendance grant that shall be calculated by multiplying each county office of education’s funding allocation pursuant to paragraphs (3),(4), and (6) of subdivision (a) of Section 2574 in the prior fiscal year by 0.1512.
(3) A stability grant for each county office of education calculated in accordance with the following:
(A) For the 2026–27 fiscal year only, subtract the sum of paragraphs (1) and (2) for the county office of education from the amount allocated pursuant to Sections 2575.2 and 2575.3 to the county office of education for the 2025–26 fiscal year. If the result is positive, that result is the stability grant amount. If the result is negative, no stability grant shall be added.
(B) Commencing with the 2027–28 fiscal year, and for each fiscal year thereafter, subtract the sum of paragraphs (1) and (2) for the county office of education from the prior fiscal year universal and targeted assistance county office of education funding grant for the county office of education. If the result is positive, multiply the result by 0.87 to determine the stability grant amount. If the result is negative, no stability grant shall be added.
(e) For a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, the amounts calculated pursuant to paragraphs (2) and (3) of subdivision (d) shall be allocated to the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located.
(f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202.
SEC. 6.
Section 2580 is added to the Education Code, immediately following Section 2579, to read:
2580.
(a) Commencing with the 2026–27 fiscal year, the sum of eight hundred ninety thousand dollars ($890,000) is hereby appropriated each fiscal year from the General Fund to the State Department of Education for allocation to the Los Angeles County Office of Education to maintain the curriculum-embedded performance tasks for science statewide repository developed pursuant to paragraph (3) of subdivision (b) of Section 113 of Chapter 38 of the Statutes of 2024, including all of the following:
(1) Creation and integration of new performance tasks to keep the repository replenished with innovative items to support inquiry-based science instruction and the Next Generation Science standards.
(2) Educator engagement through an educator review panel.
(3) Educator capacity building through engagement with professional development programs, including, to the extent practicable, professional development provided by the entities awarded funding pursuant to Section 53 of Chapter 571 of the Statutes of 2022.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated.
SEC. 7.
Section 2581 is added to the Education Code, immediately following Section 2580, to read:
2581.
(a) For the 2021–22 fiscal year, the sum of three million one hundred thousand dollars ($3,100,000) is hereby appropriated from the General Fund to the State Department of Education for the purpose set forth in subdivision (b).
(b) The State Department of Education shall allocate the funds appropriated pursuant to subdivision (a) to the Kern County superintendent of schools Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for the Standardized Account Code Structure system replacement project.
(c) (1) For the 2022–23 fiscal year to the 2025–26 fiscal year, inclusive, the sum of three million nine hundred twenty thousand dollars ($3,920,000) shall be continuously appropriated each fiscal year, without regard to fiscal years, from the General Fund to the State Department of Education for the purposes set forth in subdivision (d).
(2) Commencing with the 2026–27 fiscal year, the sum of four million one hundred forty thousand dollars ($4,140,000) shall be continuously appropriated each fiscal year, without regard to fiscal years, from the General Fund to the State Department of Education for the purposes set forth in subdivision (d).
(d) The State Department of Education shall allocate the funds appropriated pursuant to subdivision (c) to the Kern County Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for maintenance and operations support for the Standardized Account Code Structure system.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated.
SEC. 8.
Section 2582 is added to the Education Code, immediately following Section 2581, to read:
2582.
(a) The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the department for allocation to the Kern County Superintendent of Schools to augment the Mathematics Professional Learning Partnership, established by Section 114 of Chapter 38 of the Statutes of 2024 and augmented by Section 95 of Chapter 8 of the Statutes of 2025, to further support educator training, including mathematics coaches, teachers, and school administrators for implementation of the new mathematics curriculum framework in local educational agencies.
(1) The Mathematics Professional Learning Partnership shall continue to support the California Mathematics Project along with its other existing partners and shall expand upon collaborations with the Rural Math Collaborative to provide training in and support mathematics coaching in local educational agencies in rural areas. These support providers shall also train coaches who can be deployed to provide mathematics coaching in schools and local educational agencies with the highest need of support.
(2) The Kern County Superintendent of Schools shall use these funds to build upon the expenditure plan submitted to the Department of Finance pursuant to Section 95 of Chapter 8 of the Statutes of 2025 and shall submit a revised expenditure plan to the Department of Finance for approval by October 1, 2026.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 9.
Section 2583 is added to the Education Code, immediately following Section 2582, to read:
2583.
(a) For the 2015–16 fiscal year to the 2022–23 fiscal year, inclusive, the Superintendent shall add two million dollars ($2,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 for the Los Angeles County Office of Education for the purpose of supporting professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
(b) For the 2023–24 fiscal year to the 2025–26 fiscal year, inclusive, the Superintendent shall add three million dollars ($3,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 for the Los Angeles County Office of Education for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
(c) Commencing with the 2026–27 fiscal year, the department shall add four million dollars ($4,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 for the Los Angeles County Office of Education for allocation to the Museum of Tolerance for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
SEC. 10.
Section 8281.5 of the Education Code is amended to read:
8281.5.
(a) The California Prekindergarten Planning and Implementation Grant Program is hereby established as a state early learning initiative with the goal of expanding access to developmentally appropriate classroom-based preschool and prekindergarten programs at local educational agencies.
(b) For the 2021–22 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2024.
(c) (1) Of the total amount appropriated under subdivision (b), the Superintendent department shall allocate two hundred million dollars ($200,000,000) in the 2021–22 fiscal year to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2020–21 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 23 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 24 to 99 pupils, inclusive, the minimum base grant shall be fifty thousand dollars ($50,000).
(iii) For local educational agencies with an enrollment of 100 or more pupils, the minimum base grant shall be one hundred thousand dollars ($100,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building.
(C) Of the remaining funds after allocations under subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2019–20 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year for each local educational agency.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574 certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for four-year-old children. Allowable costs include, but are not necessarily limited to, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do both of the following:
(A) Commit to providing program data to the department, as specified by the Superintendent, department, including, but not limited to, recipient information and participating in overall program evaluation.
(B) Develop a plan for consideration by the governing board or body at a public meeting on or before June 30, 2022, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs.
(4) (A) Funds that are allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2030, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to paragraph (3).
(C) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e).
(d) (1) For the 2022–23 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2026. The Superintendent
department shall allocate funds to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs, as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2021–22 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 500 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 501 or more pupils, the minimum base grant shall be fifty thousand dollars ($50,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building.
(C) Of the funds remaining after the allocations pursuant to subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2021–22 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2020–21 fiscal year for each local educational agency.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2020–21 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574, as applicable, and certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for children four years of age. Allowable costs shall include, but are not necessarily limited to, classroom operating costs, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do all of the following:
(A) Commit to providing program data to the department, as specified by the Superintendent,
department, including, but not limited to, recipient information and participating in overall program evaluation.
(B) If the local educational agency did not develop the plan required pursuant to subparagraph (B) of paragraph (3) of subdivision (c), develop a plan for consideration by the governing board or body at a public meeting on or before March 30, 2023, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs. A plan developed pursuant to this subparagraph satisfies the requirements of subparagraph (B) of paragraph (3) of subdivision (c).
(C) Ensure expenditures are consistent with their local plan adopted pursuant to subdivision (c).
(D) Commit to planning with their county’s local planning council, local tribes, and the California state preschool program and Head Start program providers in their region.
(E) Offer transitional kindergarten to all eligible pupils interested in transitional kindergarten within their attendance area by the 2025–26 school year.
(4) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2030, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e).
(5) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subparagraph (A) of paragraph (3).
(e) (1) For the 2026–27 fiscal year, the sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2032. The department shall allocate funds to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs, as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2025–26 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 500 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 501 or more pupils, the minimum base grant shall be fifty thousand dollars ($50,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building.
(C) Of the funds remaining after the allocations pursuant to subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2025–26 fiscal year, as applied to the total amount of program funds available for the enrollment grant.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2025–26 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574, as applicable, and certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) (i) Grant funds may be used for costs associated with creating or expanding developmentally appropriate California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for children four years of age. Allowable costs shall include, but are not necessarily limited to, planning costs, hiring and recruitment costs, staff training and professional development, developmentally appropriate classroom materials and furnishings, and supplies.
(ii) It is the intent of the Legislature that local educational agencies support ongoing professional development for preschool and transitional kindergarten educators and site administrators on developmentally appropriate curricula pursuant to Section 48000 and best practices in the classroom, including, but not limited to, behavioral supports and early childhood behavioral interventions.
(iii) It is further the intent of the Legislature that local educational agencies use funds pursuant to this subdivision to increase the number of highly qualified teachers, classroom aides, and site administrators available to serve California state preschool programs and transitional kindergarten pupils, and to provide California state preschool program, transitional kindergarten, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting dual language learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline, pursuant to this subdivision.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do all of the following.
(A) Commit to providing program data to the department, as specified by the department, including, but not limited to, recipient information and participating in overall program evaluation.
(B) Ensure expenditures are consistent with their local plan adopted pursuant to subdivision (c).
(C) Commit to planning with their county’s local planning council, local tribes, and the California state preschool program and Head Start program providers in their region.
(D) Offer transitional kindergarten to all eligible pupils interested in transitional kindergarten within their attendance area.
(E) Offer full day transitional kindergarten on any schoolsite offering kindergarten.
(4) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2032. Notwithstanding any other law, on June 30, 2032, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e).
(5) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subparagraph (A) of paragraph (3).
(6) It is the intent of the Legislature that local educational agencies support California state preschool programs to transition their service models to offer full-day, high-quality preschool services for three-year-old children, and support Head Start programs to transition to Early Head Start service models for infants and toddlers.
(7) It is further the intent of the Legislature, that local educational agencies offer full-day transitional kindergarten at all schoolsites offering kindergarten enrollment, and offer full-day kindergarten for all children in the year before first grade enrollment.
(f) (1) (A) Of the total amount appropriated under subdivision (b), the Superintendent
department shall award one hundred million dollars ($100,000,000) in competitive grants to local educational agencies to increase the number of highly-qualified teachers available to serve California state preschool programs and transitional kindergarten pupils, and to provide California state preschool program, transitional kindergarten, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting dual language learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline, pursuant to this section. These funds shall be available for encumbrance until June 30, 2024.
(B) Any funds allocated for purposes of this subdivision pursuant to subparagraph (C) of paragraph (4) of subdivision (c) or subparagraph (B) of paragraph (4) of subdivision (d) shall be available for encumbrance through June 30, 2030.
(2) The Superintendent department shall develop and administer a process to award grants under paragraph (1), subject to approval of the executive director of the state board, on a competitive basis to local educational agencies. To apply for a grant, a local educational agency shall submit an application to the department describing how it will allocate funds and increase either the number of credentialed teachers meeting the requirements of subdivision (g) of Section 48000, or the competencies of California state preschool programs, transitional kindergarten, and kindergarten teachers to enhance their ability to provide instruction in inclusive classrooms, provide
culturally responsive instruction, support dual language learners, enhance social-emotional learning, implement trauma-informed and restorative practices, and mitigate implicit biases to eliminate exclusionary discipline.
(3) A local educational agency may apply on behalf of a consortium of providers within the local educational agency’s program area, including California state preschool programs and Head Start programs operated by community-based organizations.
(4) An applicant shall demonstrate all of the following to be considered for a grant award:
(A) A need for preschool and transitional kindergarten or kindergarten professional development in a region.
(B) A need for preschool and transitional kindergarten teachers in a region.
(C) The presence of, or plan to create, inclusive classroom settings.
(D) The ability to connect the preschool, transitional kindergarten, or kindergarten program to before and after school programs and extended day services.
(E) A plan to integrate preschool, transitional kindergarten, and kindergarten professional development opportunities.
(F) A plan for recruiting new preschool, transitional kindergarten, or kindergarten teachers with experience in early learning and care settings and collaborating with institutions of higher education to ensure a qualified prekindergarten teacher pipeline.
(G) A plan for how principals and administrators overseeing the transitional kindergarten program, or other prekindergarten program, will receive training and professional development on the value and tenets of effective instruction for young children.
(5) In awarding grants under paragraph (1), the Superintendent department shall establish a methodology that accounts for all of the following:
(A) The percentage of transitional kindergarten and kindergarten pupils eligible for free and reduced-price meals.
(B) The percentage of dual language learners that the local educational agency is serving or is planning to serve in a California state preschool program or transitional kindergarten program.
(C) The percentage of pupils with disabilities the local educational agency is serving or planning to serve in an inclusive California state preschool program or transitional kindergarten program.
(D) The percentage of pupils served, or planned to be served, in full-day California state preschool, transitional kindergarten, or kindergarten programs offered by the local educational agency or community-based organizations.
(E) The extent to which applicants operate in an attendance area where a significant disproportionality of particular races or ethnicities, as described in Section 1418(d) of Title 20 of the United States Code, has been identified in special education.
(F) The extent to which the local educational agency is located in an area that has more than three young children, three to five years of age, inclusive, for every licensed childcare slot.
(G) The extent to which applicants plan to partner with community-based California state preschool programs and Head Start programs in their program area to ensure those teachers have access to professional development along with teachers employed by the local educational agency.
(6) Grants awarded under paragraph (1) for professional development may be used for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners. Professional development grant funds shall be used for any of the following purposes:
(A) Tuition, supplies, and other related educational expenses.
(B) Transportation and childcare costs incurred as a result of attending classes.
(C) Substitute teacher pay for California state preschool program, transitional kindergarten, and kindergarten professionals that are currently working in a California state preschool program, transitional kindergarten, or kindergarten classroom.
(D) Stipends and professional development expenses, as determined by the Superintendent.
(E) Career, course, and professional development coaching, counseling, and navigation services.
(F) Linked courses, cohorts, or apprenticeship models.
(G) Training and professional development for principals and other administrators of transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, on the value and tenets of effective instruction for young children.
(H) Other educational expenses, as determined by the Superintendent.
(7) Local educational agencies awarded funding pursuant to paragraph (1) may partner with local or online accredited institutions of higher education or local agencies that provide high-quality or credit-bearing trainings, or apprenticeship programs that integrate and embed higher education coursework with on-the-job training of professionals.
(8) Professional learning provided pursuant to this subdivision shall, as applicable, be aligned to the preschool learning foundations and academic standards pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.8, and 60605.11, as those sections read on June 30, 2020, and former Section 60605.85, as that section read on June 30, 2014.
(9) Local educational agencies receiving grants under this subdivision shall commit to providing program data to the department, as specified by the Superintendent, department,
including, but not necessarily limited to, recipient information, including demographic information, educational progress, and the type of courses taken, and participating in overall program evaluation.
(10) The Superintendent
department shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2024, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this subdivision.
(11) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2029, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) Notwithstanding subparagraph (A), any unexpended funds allocated for purposes of this subdivision pursuant to subparagraph (C) of paragraph (4) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (d) shall be expended by June 30, 2030. Notwithstanding any other law, any unexpended funds of the amount awarded for purposes of subparagraph (C) of paragraph (4) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (d) shall revert to the General Fund on June 30, 2031.
(g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (e) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 11.
Section 8320 of the Education Code is amended to read:
8320.
(a) The California Universal Preschool Planning Grant Program is hereby established with the goal of expanding access universally to preschool programs for three- and four-year-old children across the state through a mixed-delivery system.
(b) As used in this section, the following definitions shall apply:
(1) “Children with exceptional needs” has the same meaning as defined in Section 8205.
(2) “Mixed-delivery system” means a system of early childhood education services that is delivered through a variety of providers, programs, and settings, including Head Start agencies or delegate agencies funded under the Head Start Act (42 U.S.C. Sec. 9831, et seq.), public, private, or proprietary agencies, including community-based organizations, public schools, and local educational agencies that offer center-based childcare and preschool programs, tribal childcare and preschool, and family childcare through a family childcare home education network.
(3) “Three- and four-year-old children” has the same meaning as “three-year-old children” and “four-year-old children,” as those terms are defined in Section 8205.
(4) “Universal preschool” means those programs that offer part-day or full-day, or both, educational programs for three- and four-year-old children, and may be offered through a mixed-delivery system.
(c) (1) (A) Pursuant to an appropriation in the annual Budget Act, for each of the 2022–23, 2023–24, and 2024–25 fiscal years, the Superintendent shall consult with the Director of Social Services and shall create an application to award grant funds to one designated lead agency within each county, as set forth in this section. Each county shall submit a single planning grant application.
(B) The county grant submission shall contain a signed agreement from the resource and referral agencies in the county and the local planning council.
(2) (A) (i) A local planning council established pursuant to Article 2 (commencing with Section 10485) of Chapter 31 of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have first priority for grant awards from their county’s allocation of funds calculated for each county, as described paragraph (1) of subdivision (d).
(ii) A local planning council shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent in consultation with the State Department of Social Services.
(iii) If a local planning council wishes to partner with other counties in their region pursuant to subdivision (j), the local planning council shall indicate this intent in their letter of intent.
(B) (i) In counties where the local planning council does not submit a letter of intent to receive an award, a resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code that operates in the county may submit a joint letter of intent with the local planning council to the Superintendent, on a template developed by the Superintendent in consultation with the State Department of Social Services, indicating interest in conducting the activities of this grant in their county.
(ii) The joint letter submitted pursuant to clause (i) shall designate a lead fiscal agency and describe the partnership the resource and referral agencies will use to meet the requirements of the grant.
(iii) If a resource and referral agency wishes to partner with other counties in their region pursuant to subdivision (j), the resource and referral agency shall indicate this intent in their letter of intent.
(C) Once letters of intent have been submitted, the Superintendent shall require the designated lead agency from each county to submit an application that includes, but is not limited to, all of the following information:
(i) A description of how it will allocate funds and achieve tasks described in subdivision (f).
(ii) A description of how the applicant will partner with the county office of education and other local educational agencies in the county on the work required pursuant to Section 8281.5, to ensure activities conducted under this grant meet community needs for universal preschool in a mixed-delivery system not already addressed.
(D) All grantees shall be required to coordinate with the county office of education on the work required pursuant to Section 8281.5. In counties where the county office of education operates the resource and referral agency or the local planning council, the staff responsible for those activities at the county office of education shall be included and financially supported to participate in the activities of this grant.
(E) The grantee shall form a single working group that shall include, but not be limited to, representatives from the county offices of education, school districts, charter schools offering transitional kindergarten, resource and referral programs, alternative payment programs operating preschool programs, First 5 county commissions, contracted state preschool programs, including both local educational agency and community-based organization programs, general childcare programs serving preschool-age children, tribal preschool programs, private center-based childcare preschool providers, licensed family childcare providers, educators, exclusive bargaining representatives, Head Start, faculty at local institutions of higher education focusing on child development or early childhood education, and early childhood education teacher preparation programs, including institutions of higher education.
(d) The Superintendent shall develop and administer a grant process and award grant funds to each county that applies for funding for the 2022–23 fiscal year if the application conforms with the requirements of this section. Funds shall be allocated using a methodology for determining the amount of funds in each county that accounts for all of the following:
(1) (A) Base grant funding that reflects the number of three- and four-year-old children in the county or region.
(B) Add-on funding that reflects both of the following:
(i) The number of three- and four-year-old children in the county or region who are currently eligible for, but not enrolled in, subsidized preschool programs as part of the mixed-delivery system for universal preschool, as determined by the Superintendent.
(ii) The number of three- and four-year-old children with exceptional needs in the county or region.
(2) To the extent funds are available in the Budget Act of 2023, existing grantees shall be eligible to apply for a renewal grant subject to terms and conditions developed by the Superintendent.
(3) (A) To the extent funds are available in the Budget Act of 2024, the following entities shall be eligible to apply for a grant subject to terms and conditions developed by the Superintendent:
(i) Existing grantees.
(ii) Newly formed consortia.
(iii) Individual counties that participated in a former consortium for this grant, with the first priority for the funds going to the local planning council, pursuant to the process described in subdivision (c), as appropriate.
(B) Notwithstanding subparagraph (A), in a county that previously received funds from this grant, where the previous grantee or consortia of grantees does not intend to reapply for funding pursuant to subparagraph (A), the following entities shall be eligible to apply as part of an existing or newly formed consortia, with the following priority order:
(i) The local planning council.
(ii) Resource and referral agencies.
(iii) First 5 county commissions.
(C) If an entity applies for the grant pursuant to subparagraph (B), the grant submission shall include a signed statement, from all entities within the county with a higher priority and within the same priority, that acknowledges their intent not to apply for the funds.
(D) An entity receiving funds pursuant to this paragraph shall complete all activities of the grant pursuant to subparagraph (D) of paragraph (2) of subdivision (c), subparagraph (E) of paragraph (2) of subdivision (c), and subdivision (f).
(E) The entity applying for funds in each county pursuant to this paragraph shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent, before submitting the request for data.
(F) Each county shall submit a single planning grant application for the relevant fiscal year.
(G) If funds are awarded pursuant to this paragraph to a First 5 county commission, the First 5 county commission shall collaborate with, and subgrant funds, where appropriate, to local planning councils and resource and referral agencies to implement the activities of this section.
(4) (A) For the 2026–27 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies pursuant to subparagraph (B). These funds shall be available for encumbrance until June 30, 2032.
(B) Existing local educational agency grantees or new local educational agency consortia lead agencies shall be eligible to apply for a renewal grant or new grant, respectively, subject to terms and conditions developed by the Superintendent, which shall include, but not be limited to, a one-to-one funding match requirement.
(e) Grant funds may be used for costs associated with any of the following:
(1) Assessing the parental preferences and the need for access to available high-quality universal preschool through a mixed-delivery system for three- and four-year-old children in the county or region by program type.
(2) Establishing or strengthening partnerships with other providers of early childhood education services and family childcare home education networks within the county or region’s mixed-delivery system and with tribal partners, to ensure that high-quality options for universal preschool, including inclusive preschool programs and multilingual programs, are available for three- and four-year-old children.
(3) Engaging in community-level coordination and planning with agencies participating in the county or region’s mixed-delivery system to implement high-quality universal preschool options.
(4) Coordinating with special education local and regional partners, including regional centers and local educational agencies, to ensure three- and four-year-old children with exceptional needs in the county or region have access to universal preschool through the mixed-delivery system in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(5) Partnering with the regional agency responsible for the system described in Section 8203.1 to fund and support workforce development, coaching, and other quality improvement activities to support the universal preschool mixed-delivery system.
(6) Other costs, as specified by the Superintendent.
(f) Entities receiving grants pursuant to this subdivision shall do all of the following:
(1) Plan for the provision of high-quality universal preschool options for three- and four-year-old children, through a mixed-delivery system that ensures access to high-quality full- and part-day learning experiences, coordinated services, and referrals for families to access health and social-emotional support services. Indicators of quality shall be determined by the Superintendent pursuant to Section 8203.
(2) Plan for increasing inclusion of children with exceptional needs in universal preschool.
(3) Assist existing and aspiring universal preschool site supervisors, teachers, and other support staff in identifying and accessing local workforce pathway programs, including financial support programs, to increase the number of site supervisors, teachers, and other support staff who have required credentials and degrees.
(4) Provide outreach services and enrollment support for families of three- or four-year-old children, to meet family needs and provide those children with high-quality full- and part-day learning experiences.
(5) Partner to plan for, align and coordinate the plans, and conduct the activities described in paragraphs (1) to (4), inclusive, with all local educational agencies in the county or region that received funding pursuant to the California Prekindergarten Planning and Implementation Grant Program (Article 13.2 (commencing with Section 8281.5)).
(6) Partner with tribes to reflect family and tribal community needs, as sovereign nations, in the planning and implementation of the universal preschool mixed-delivery system.
(7) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, plan development steps and participants engaged in the grant activities and planning, core needs of critical communities, including tribal communities, and recipient information and participation in overall program evaluation.
(8) Develop a plan for consideration by the county board of education at a public meeting on or before June 30, 2023, for how all four-year-old children and an increased number of at-promise three-year-old children in the county may access full-day learning programs before kindergarten that meet the needs of parents, including through partnerships with the universal preschool programs in the mixed-delivery system and expanded learning offerings.
(g) If the entity receiving the grant in a county is a local planning council, the local planning council shall collaborate with, and subgrant funds where appropriate to, local resource and referral agencies to implement the activities of this section.
(h) If the entity receiving the grant in a county is a resource and referral agency, the resource and referral agency shall collaborate with, and subgrant funds where appropriate to, the local planning council to implement the activities of this section.
(i) (1) Funds that are allocated or awarded pursuant to this section shall be expended on or before June 30, 2028.
2032. Notwithstanding any other law, on June 30, 2029, 2032,
any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(2) The department shall initiate collection proceedings for grant funds used by grantees in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subdivision (f).
(j) This section does not prohibit counties from joining together to address regional needs with their funding and developing regional plans.
(k) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2029, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this section.
(l) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(m) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (l) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.
(n) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(o) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (4) of subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 12.
Section 8482.3 of the Education Code is amended to read:
8482.3.
(a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c) (1) Each component of a program established pursuant to this article shall consist of the following two elements:
(A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science.
(B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e) Applicants for programs established pursuant to this article may include any of the following:
(1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to operate a program on that site or sites.
(2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility for the quality of the program.
(4) The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, “public agency” means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5) Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9) Funds awarded pursuant to this chapter shall not supplant funding used to meet the minimum offer and access requirements of the Expanded Learning Opportunities Program established pursuant to Section 46120. Grantees may, to the extent consistent with the requirements of this chapter, use funds awarded pursuant to this chapter to provide expanded learning services and supports that exceed the minimum requirements of Section 46120, including, but not limited to, serving additional pupils, extending program offerings, or enhancing program quality beyond the baseline services required pursuant to Section 46120.
(10) The application states the targeted number of pupils to be served by the program.
(11) Applicants agree to provide the following information on participating pupils to the department:
(A) Schoolday attendance rates.
(B) Program attendance.
(g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B) Program content, including the elements identified in subdivision (c).
(C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F) The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite monitoring process.
SEC. 13.
Section 8482.4 of the Education Code is amended to read:
8482.4.
(a) The department shall review applications submitted under this article and local educational agency audits to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b) The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) (10) of
subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c) (1) A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semiannual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2) A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A) All partners of the partnership or consortium agree to the restructure.
(B) The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C) There is no change in the school, or schools, served by the restructured partnership or consortium.
(D) The department approves the restructure.
(d) The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e) A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f) The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g) The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committee’s recommendations and present them, along with the department’s recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h) (1) The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2) The department shall make the application available through its Internet Web site.
internet website. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 14.
Section 8483.3 of the Education Code, as amended by Section 12 of Chapter 470 of the Statutes of 2016, is amended to read:
8483.3.
(a) The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b) The department shall consider prioritize the following in selecting schools to participate in the program established pursuant to this article:
(1) Schoolsites not receiving funds for expanded learning opportunity programs provided pursuant to Section 46120.
(2) Schoolsites participating in the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900)).
(3) Percentage of pupils eligible for free and reduced-price lunch.
(4) Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c) The application shall certify all of the following:
(1) Inclusion of an educational element.
(2) Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3) That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4) Staff training and development will be provided.
(5) Integration with the regular schoolday and other expanded learning opportunities.
(6) Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7) Opportunities for physical activity.
(8) Inclusion of a nutritional snack, meal, or both.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation requirements.
(12) Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
(d) Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 15.
Section 8484.8 of the Education Code is amended to read:
8484.8.
In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a) Beginning with the 2006–07 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1) The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2) (A) Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B) The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3) In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b) (1) At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2) For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A) Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B) In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C) The department shall award grants for a specific purpose, as justified by the applicant.
(3) To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4) The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c) At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d) Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e) (1) At least Up to 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. pupils and receiving funds pursuant to the Community Schools Partnership Act (Chapter 6 (commencing with Section 8900)). The department shall allocate funds to each geographic region
described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2) After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3) (A) Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(B) Priority shall be given to grant applications that will provide expanded learning programs on schoolsites not receiving funds for expanded learning opportunity programs provided pursuant to Section 46120.
(4) (A) Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B) For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C) In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D) Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5) A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6) A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7) A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(8) Funds awarded pursuant this article shall not supplant funding used to meet the minimum offer and access requirements of the Expanded Learning Opportunities Program established pursuant to Section 46120. Grantees may, to the extent consistent with the requirements of this article, use funds awarded pursuant to this article to provide expanded learning services and supports that exceed the minimum requirements of Section 46120, including, but not limited to, serving additional pupils, extending program offerings, or enhancing program quality beyond the baseline services required pursuant to Section 46120.
(f) A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g) Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1) Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2) The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h) Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i) If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j) In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 2008–09 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1) Thirty-five percent to community learning centers serving high school pupils.
(2) Fifty percent to community learning centers serving elementary and middle school pupils.
(3) Fifteen percent to summer programs serving elementary and middle school pupils.
(k) (1) To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2) For purposes of paragraph (1), the following terms shall have the following meanings:
(A) “Central California” means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B) “Northern California” means California County Superintendents Educational Services Association regions one to four, inclusive.
(C) “Southern California” means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D) “Urban and rural areas” shall be as defined by the United States Census Bureau.
(l) This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
SEC. 16.
Section 8901 of the Education Code is amended to read:
8901.
For purposes of this chapter, the following definitions apply:
(a) “Adjacent location” means an alternative location for services for pupils pursuant to this section that is within a one-half mile of the qualifying entity’s schoolsite.
(b) “Community school” means a public school serving preschool, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, with strong and intentional community partnerships ensuring pupil learning and whole child and family development, and specifically includes the following:
(1) Integrated supports services, including the coordination of trauma-informed health, mental health, and social services that ensure coordination and support with county and local educational agency resources and nongovernmental organizations, and early screening and intervention for learning and other needs.
(2) Family, pupil, schoolsite staff, and community engagement, which may include home visits, home-school collaboration, culturally responsive community partnerships to strengthen family well-being and stability, and school climate surveys.
(3) Collaborative leadership and practices for educators and administrators, including professional development to transform school culture and climate, that centers on pupil learning and supports mental and behavioral health, trauma-informed care, social-emotional learning, restorative justice, and other key areas relating to pupil learning and whole child and family development.
(4) Extended learning time and opportunities, including before and after school care and summer programs.
(c) “Community Schools framework” means the framework for the California Community Schools Partnership Act described in Section 8901.5.
(d) “Consortium” means either of the following:
(1) Two or more local educational agencies.
(2) One or more local educational agencies, one of whom shall serve as the fiscal agent, and one or more cooperating agencies providing services pursuant to this section at a schoolsite or adjacent location.
(e) “Cooperating agency” means a federal, state, or local agency or public or private nonprofit entity that agrees to offer support services at a schoolsite, an adjacent location, or virtually through a program implemented under this chapter. Cooperating agencies include, but are not limited to, all of the following:
(1) A county behavioral health agency that will operate the program in partnership with at least one local educational agency that is a qualifying entity.
(2) A federal Head Start or Early Head Start program or other government-funded early childhood program or agency that will operate the program in partnership with at least one local educational agency that is a qualifying entity.
(3) A childcare program or agency within a public institution of higher education that will operate the program in partnership with at least one local educational agency that is a qualifying entity.
(f) “Dream Resource Center” means a public high school initiative to provide pupils, including undocumented pupils, in grades 9 to 12, inclusive, with resources that include, but are not limited to, all of the following:
(1) Postsecondary financial aid support, such as assistance with the completion of the California Dream Act Application.
(2) Social services support.
(3) State-funded immigration legal services.
(4) Academic advising and referrals to academic support and enrichment opportunities.
(5) Parent and family workshops.
(g) “Education interestholders” includes groups involved in community schools implementation, such as schools receiving community schools funding, community schools advisory bodies at the local, regional, and state levels, community-based organizations, state-funded technical assistance providers, education advocates, adult education programs, and labor partners.
(h) (1) “Eligible schoolsite” means either of the following:
(A) An individual school within a local educational agency, excluding a charter school classified as a nonclassroom-based charter school, with an unduplicated pupil percentage of 65 percent or more and 10 or more pupils enrolled based on prior year Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System. The unduplicated pupil percentage for an individual school shall be calculated by dividing the sum of the number of unduplicated pupils, as defined in Section 42238.02, by the school’s total enrollment.
(B) An individual school within a local educational agency, including a charter school classified as a nonclassroom-based charter, that receives a community schools implementation grant pursuant to subdivision (h) of Section 8902.
(2) It is the intent of the Legislature that nonclassroom-based charter schools will become eligible local educational agencies pursuant to subparagraph (A) of paragraph (1), beginning in 2031, commencing with the availability of a certification process for community school models.
(i) “Lead agency” means the department.
(j) “Local educational agency” means a school district, charter school, or county office of education.
(k) “Network” means a group of schools that function as a learning community and are supported by a local educational agency that coordinates services and resources for their pupils, families, and staff. Participation in a network is at the discretion of a school’s local educational agency governing board.
(l) “Partner” means a private business, nonprofit, public or nonprofit institutions of higher education, or foundation that provides financial assistance or otherwise assists a program operating under this chapter.
(m) “Promise Neighborhood” means a targeted geographic area served by the Promise Neighborhoods program, as authorized by the federal Every Student Succeeds Act (Public Law 114-95), or a collaborative network of service providers that serves geographically defined areas or neighborhoods and focuses on revitalizing economically-disadvantaged communities through the establishment of a cradle-to-career network of services aimed at improving the health, safety, and education of the occupants in the defined area.
(n) “Qualifying entity” means an entity that is any of the following:
(1) A local educational agency or a consortium that meets any of the following criteria, as applied to the entire pupil population of pupils enrolled in the local educational agency or consortium:
(A) Fifty percent or more of the enrolled pupils at the local educational agency or the consortium are unduplicated pupils.
(B) The local educational agency or the consortium has higher than state average dropout rates.
(C) The local educational agency or the consortium has higher than state average rates of suspension and expulsion.
(D) The local educational agency or the consortium has higher than state average rates of child homelessness, foster youth, or justice-involved youth.
(2) A local educational agency or consortium, on behalf of one or more schools within the local educational agency or consortium that satisfy any of the criteria in subparagraphs (A) to (D), inclusive, of paragraph (1).
(o) “Regional technical assistance center” and “regional transformational assistance center” may be used interchangeably.
(p) “Secondary community school” means a school serving pupils in grade 6 and higher, typically a middle or high school. Secondary community schools are characterized by strong relationships between pupils, families, staff, and community that center pupil well-being and college and career pathways, including, but not limited to, all of the following:
(1) Relational learning environments where pupils are well-known by staff, which may include small schools or small learning communities within schools featuring teaching teams that share pupils and advisory systems that enable personalization.
(2) Community and governmental partnerships that support pupil well-being and provide experiential learning opportunities, including community-connected projects, service opportunities, civic learning, internships, and youth leadership opportunities.
(3) Partnerships with local business and higher education that support career pathways, dual enrollment, and dual credit opportunities, to the extent feasible.
(4) Family partnerships that support pupil well-being and college and career readiness, including guidance on academic and social supports, as well as college and career access, including financial aid.
(5) Purposeful implementation of social-emotional learning and restorative practices to build an environment of safety and belonging.
(q) “State technical assistance center” and “state transformational assistance center” may be used interchangeably.
(r) “Support services” includes case-managed health, mental health, social, and academic support services benefiting children and their families, and may include, but is not limited to, all of the following:
(1) Health care, including all of the following:
(A) Immunizations.
(B) Vision and hearing testing and services.
(C) Dental services.
(D) Physical examinations and diagnostic and referral services.
(E) Prenatal care.
(2) Mental health services, including all of the following:
(A) Primary prevention.
(B) Crisis intervention.
(C) Assessments and referrals.
(3) Trauma-informed mental health care, including substance abuse prevention, early intervention, and treatment services, including all of the following:
(A) Training for teachers, early educators, and school personnel in the detection of mental health problems, the impact of trauma and toxic stress, trauma-informed care and education, building resiliency, and helping pupils and families heal.
(B) Outreach, risk assessment, and education for pupils and families.
(C) Youth-focused substance use disorder prevention and treatment programs that are culturally and gender competent, trauma informed, and evidence based.
(4) Family support and parenting education, including child abuse prevention and parenting programs, such as home visits or, when in-person home visits are not possible, virtually conducted home visits.
(5) Academic support services, including tutoring, mentoring, employment, and community service internships, and in-service training for teachers and administrators.
(6) Counseling, including family counseling, peer-to-peer counseling, and suicide prevention.
(7) Services and counseling for children who experience violence, toxic stress, or adverse childhood experiences in their communities.
(8) Nutrition services to reduce food insecurity.
(9) Youth development services, including tutoring, mentoring, career development, and job placement.
(10) Case management services.
(11) Provision of onsite or virtual Medi-Cal eligibility workers, as allowed via telehealth pursuant to Section 1320b-5 of Title 42 of the United States Code.
(s) “Technical assistance” means a structure to deliver training and technical assistance to grantees using regional collaboratives and state, regional, and local technical assistance providers that have expertise in pupil and family engagement, school-community collaboration of service delivery and financing, the coordination and integration of support services, and multiindicator data collection and evaluation.
(t) “Unduplicated pupil” has the same meaning as defined in Section 42238.02.
SEC. 17.
Section 8901.5 is added to the Education Code, to read:
8901.5.
(a) The Legislature finds and declares that fidelity to the California Community Schools Framework supports pupil well-being and academic achievement, and recognizes the framework adopted by the state board in January 2022 is consistent with this purpose. To this end, the state board shall adopt and maintain an implementation Framework for the California Community Schools Partnership Act that is responsive to evidence and research on the California Community Schools Partnership Program model and outcomes.
(b) The state board shall adopt and maintain a framework for the California Community Schools Partnership Act, which shall include, but not be limited to, all of the following:
(1) The statutory pillars described in subdivision (b) of Section 8901.
(2) The key conditions of learning, cornerstone commitments, and proven practices consistent with successful community school research, including, but not limited to, embedded instructional and service coordination practices, shared governance, community engagement, and integration with other community-based approaches like Promise Neighborhoods.
(3) Required data, reporting, and accountability elements necessary for schoolsite, local educational agency, and system of support continuous improvement, including ,but not limited to, measurable indicators for shared governance, community engagement, and integration of services at the county and regional levels.
(4) Differentiated elements for elementary and secondary community school models.
(5) Differentiated measures for local educational agency and schoolsite readiness to implement a new community school, and achieve certification described in subdivision (k) of Section 8902.
(6) Key practices for county coordinators and regional transformational assistance centers.
(c) The state board shall review and adopt, as necessary, an updated framework, consistent with this section, on or before January 1, 2030, and every five years thereafter, in response to the California Community Schools Partnership Program evaluation results and certification recommendations pursuant to Section 8902, and other research on the program’s pupil and system outcomes.
SEC. 18.
Section 8902 of the Education Code is amended to read:
8902.
(a) The Legislature finds and declares all of the following:
(1) The COVID-19 pandemic has continued to exacerbate conditions associated with poverty, including food insecurity, housing and employment instability, and inadequate health care.
(2) Community schools offer unique models to more efficiently and effectively provide trauma-informed integrated educational, health, and mental health services to pupils with a wide range of needs that have been affected by the COVID-19 pandemic.
(3) Additional investment in community schools that provide integrated pupil supports, community partnerships, and expanded learning opportunities will
help address the trauma and loss of learning that have resulted from the COVID-19 pandemic. Statewide investment in community schools, supported by local networks designed to coordinate services and resources, are is critical to realize whole-child education.
(b) For the 2021–22 fiscal year, the sum of two billion eight hundred thirty-six million six hundred sixty thousand dollars ($2,836,660,000) is hereby appropriated from the General Fund to the Superintendent department to administer the California Community Schools Partnership Program, established by Section 117
of Chapter 24 of the Statutes of 2020, as amended by Section 63 of Chapter 110 of the Statutes of 2020, in the manner and for the purposes set forth in this section. These funds shall be used in accordance with the California Community Schools Framework, as adopted by the state board. These funds shall not be used for punitive disciplinary practices or the engagement of campus law enforcement. These funds shall be available for encumbrance or expenditure until June 30, 2032. The funds shall be distributed as follows:
(1) At least two billion six hundred ninety-four million eight hundred twenty-seven thousand dollars ($2,694,827,000) shall be allocated to establish new, and expand existing, community schools supported by local educational agencies or consortiums that help coordinate services and manage learning networks for these schools.
(2) Up to one hundred forty-one million
eight hundred thirty-three thousand dollars ($141,833,000) shall be allocated to contract with local educational agencies to create a network of at least five regional technical assistance centers, pursuant to subdivision (l), to provide support and assistance to local educational agencies, or consortiums, and community schools through the 2027–28 2029–30 school year. year or at the time when the new community schools technical assistance structure developed pursuant to Section 8903 is adopted by the state board. The department shall designate one of the five regional technical assistance centers to be the state transformational assistance center
for purposes of this chapter. Regional technical assistance center responsibilities shall include all of the following:
following, as determined by the state transformational assistance center:
(A) Outreach and technical assistance to potential applicants as needed before or after awarding a grant under the program.
program under this section and to community schools participating in the California Community Schools Partnership Program established pursuant to Section 8903.
(B) Development of community school resources, sharing of best practices, and data collection and use. use, consistent with the Community Schools framework.
(C) Development (i) The state transformational assistance center shall be responsible for the development of optional
centralized planning templates to support interagency planning and the leveraging of funding for the community school initiative, including, but not limited to, funding from the Expanded Learning Opportunities Program, the California state preschool program, Universal Transitional Kindergarten, universal meal programs, health and mental health supports for pupils and staff, career technical education and college readiness initiatives, the local control funding formula, and any other available local, state, or federal funds that may facilitate and sustain the community school initiative.
(ii) The department shall require the centralized planning templates to be available to local educational agencies on or before January 1, 2028, and to be updated annually for new or amended funding sources.
(D) Facilitation of peer support networks for qualifying entities and county offices of education to support community engagement and the provision of supports within a multitiered multi-tiered system of support leading to positive and equitable pupil academic and well-being outcomes, as well as positive school climate outcomes, for both state and local measures identified in the local educational agency’s local control and accountability plan.
(E) Support local educational agencies in blending initiatives and funding consistent with the Community Schools framework, including, but not limited to, Promise Neighborhoods, Dream Resource Centers, Expanded Learning Opportunities Program, and Career and College readiness initiatives.
(3) (A) (i) Up to one hundred forty million dollars ($140,000,000) shall be allocated to county offices of education serving at least two qualifying entities receiving grant funding pursuant to subdivision (g) or (h) to coordinate county-level governmental, nonprofit community-based organizations, and other external partnerships to support community school implementation at grant recipients
under this section and Section 8903 in their county. This shall include designating a county-level community schools liaison to coordinate with the department and technical assistance centers in capacity building, resource connection, and continuous improvement activities consistent with supporting grant recipients in their county in implementation of community schools, as specified in subdivisions (g) and (h). County
(ii) County office of education grant awards under this paragraph shall also be used to de-silo programs and services that can uplift and support the whole child, with the overall goal of moving towards fully integrating county-level community schools implementation supports and services into the larger statewide system of support by embedding these supports and services within the county’s universal and targeted assistance approach once one-time coordination grants conclude. A county office of education may also use its existing coordination grant funding to implement Section 8903.
(iii) County
office of education grant award amounts under this paragraph shall be determined based on the number of community schools funded pursuant to this chapter,
section, and the number of pupils served in those schools, using an allocation formula determined by the Superintendent,
department,
and provide at least two hundred thousand dollars ($200,000) and up to five hundred thousand dollars ($500,000) annually, for seven years, annually through the 2029–30 fiscal year for each qualifying county office of education. These funds are separate from any funds county offices of education receive pursuant to paragraph (3) of subdivision (h) for serving as qualifying entities to a network of community schools.
(B) County offices of education receiving funds pursuant to this paragraph shall support centralized grant recipient communications with county-level governmental partners and funding sources, which may include, but not be limited to, pupil support and health care service billing and billing practices technical assistance.
assistance, leading a County Children’s Cabinet, and coordination with Promise Neighborhoods lead organizations and agencies.
(C) County offices of education receiving funds pursuant to this paragraph shall support local educational agency planning and use of pupil and campus data data, consistent with the guidance of the System of Support Equity Leads, and the state transformational assistance center, for integrating community school, expanded learning, early childhood education, county behavioral health, educator professional development, and other state-funded initiatives integral to the four
pillars of a community school approach as described in subdivision (b) of Section 8901, which may be part of the qualifying entity’s local control and accountability plan process pursuant to Section 47606.5, 52060, or 52066, as applicable.
(c) On or before November 15, 2021, the Superintendent,
department, with the approval of the state board, shall update as necessary, necessary the application process and administration plan for the selection of grant recipients under the program, which may include prioritization for awards. After November 15, 2021, the Superintendent department shall update the state board on an annual basis regarding the administration of this chapter section and present
to the state board any proposed changes to the application process and administration plan.
(d) The Superintendent
department shall award, subject to the approval of the state board, grants on a competitive basis to qualifying entities for planning grants for new community schools, implementation grants for new community schools or for the expansion or continuation of existing community schools, and extension grants, as provided, to representative qualifying entities in northern, central, and southern California, and in urban, suburban, and rural areas.
(e) A qualifying entity seeking a grant under this chapter section shall submit an application to the Superintendent
department at a time and in a manner, and with any appropriate information, as the Superintendent department may reasonably require. Each grant application submitted shall include all of the following:
(1) A description and documentation of how the participating community and cooperating agencies have been and will be engaged in the community school model.
(2) A description of all of the programs and services to be provided at the schoolsite, at a site near or adjacent to the school, or virtually.
(3) A description of all direct and indirect resources to be used for the community school program, and the agencies responsible for the implementation of the program.
(4) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the outcomes of the service, and costs, including all of the following:
(A) Direct costs.
(B) Indirect costs.
(C) Costs to other agencies.
(D) Cost savings.
(f) The Superintendent department shall prioritize grant funding to qualifying
entities who meet all of the following:
(1) Serve pupils in schools or a partner school or schools in which at least 80 percent of the pupil population are unduplicated pupils.
(2) Demonstrate a need for expanded access to integrated services, including those disproportionately impacted by the COVID-19 pandemic.
(3) Involve pupils, parents, certificated and classified school staff, and cooperating agency personnel in the process of identifying the needs of pupils and families, and in the planning of support services to be offered.
(4) Commit to providing trauma-informed health, mental health, and social services for pupils within a multitiered
multi-tiered
system of support at the schoolsite, or an adjacent location, and partner with other schools, school districts, county agencies, or nongovernmental organizations.
(5) For qualifying entities that serve elementary school pupils, or for schools where there is a demonstrated need for childcare, including, but not limited to, programs for pregnant and parenting teens, commit to providing early care and education services for children from birth to five years of age, inclusive, through one or more local educational agencies or community-based organizations.
(6) Identify a cooperating agency collaboration process, including cosignatories, a mechanism for sharing governance, which may include a plan to use existing or create shared decisionmaking teams that include pupils, families, educators, and community-based organizations, and for integrating or redirecting existing resources and other school support services.
(7) Plan to support a network of site-based community schools at schoolsites that have the capacity to ensure that services, professional development, and engagement can occur on schoolsite, or at an adjacent location, with the support of community-based organizations and other relevant providers, for all relevant stakeholders.
(8) Identify a plan to sustain community school services after grant expiration, including by maximizing reimbursement for services from available sources, including, but not limited to, the Local Educational Agency Medi-Cal Billing Option Program, School-Based Medi-Cal Administrative Activities program, and reimbursable mental health specialty care services provided under the federal Early and Periodic Screening, Diagnosis
Diagnosis, and Treatment program (42 U.S.C. Sec. 1396d(a)(4)(B)).
(g) (1) Of the amount identified in paragraph (1) of subdivision (b), including all other funds appropriated for this program in the Budget Act of 2021, at least 10 percent shall be available for planning grants of up to two hundred thousand dollars ($200,000) per qualifying entity, and shall be allocated in the 2021–22 and 2022–23 fiscal years, for up to a two-year planning grant period, for local educational agencies with no existing community schools. The planning grant may be used for any of the following purposes:
(A) Staffing costs for a community school coordinator.
(B) Conducting a comprehensive school and community needs and asset assessment, including, but not limited to, pupil and community demographics, school climate, integrated support services, expanded learning time, educator, family, pupil, and community engagement, new or existing partnerships with governmental entities or community-based organizations, and available funding sources.
(C) Grant application support, service billing development, and other administrative costs necessary to launch a community school model at scale.
(D) Partnership development and coordination support between the grantee and cooperating agencies.
(E) Providing training and support to local educational agency and cooperating agency personnel to develop best practices for integrating instruction and pupil supports.
(F) Preparing a community school implementation plan for submission to the governing board or body of the local educational agency and to the department.
(2) Any remaining planning grant funding available at the conclusion of the planning grant period shall be made available for implementation grants.
(h) (1) Of the amount identified in paragraph (1) of subdivision (b), including all other funds appropriated for this program in the Budget Act of 2021, up to 72 percent shall be available for implementation grants to qualified entities. Implementation grants shall be at least one hundred thousand dollars ($100,000) and up to five hundred thousand dollars ($500,000) annually per schoolsite for new community schools or for the expansion or continuation of existing community schools that agree to align with the provisions of this chapter.
section. New and existing community schools shall be funded for five years, upon submission to the department of a community school plan and evidence of ongoing progress as part of the annual formative evaluations specified in subdivision (n). The implementation grant may be used for any of the following purposes:
(A) Staffing, including, but not limited to, a community school coordinator, and contractor capacity.
(B) Coordinating and providing support services to pupils and families at or near community schools, including through childcare, expanded learning time before and after school, and during school intersessions.
(C) Providing training and support to local educational agency personnel,
personnel and partner agency personnel on integrating school-based pupil supports, social-emotional well-being, trauma-informed practices, and establishing sustainable community school funding sources.
(D) Designing and executing educator, family, pupil, and community engagement strategies.
(E) Ongoing data collection and program evaluations, including at least one measure of growth in individual pupil well-being as measured through pupil surveys or the compilation of screening tool results.
(F) Implementing the sustainability plan described in paragraph (8) of subdivision (f) and updating the plan as necessary.
(G) Securing various long-term funding streams and commitments from partners that will continue to provide financial assistance or other means of support.
(H) Building capacity around sustainability and other efforts to support ongoing community school programming.
(I) Conducting a comprehensive school and community needs and asset assessment to support a continuous improvement process.
(2) The Superintendent
department shall prioritize new community schools for implementation grants under paragraph (1) and those moneys shall supplement, not supplant, existing services and funds. For purposes of this section, continuing a position or services with these funds shall not be considered supplanting if the position or services were funded by a source that has legally expired.
(3) A local educational agency grantee may retain up to the lesser of five hundred thousand dollars ($500,000) or 10 percent of the total funds awarded pursuant to this subdivision for its sites each year. These funds shall be used to administer implementation grants locally, manage professional learning and networking, and coordinate services and funding streams for community schools under the local educational agency grantee. Funds retained by the local educational agency grantee to provide direct services to pupils may be retained separately from this administrative set-aside.
(4) The funding under paragraph (3) shall supplement, and not supplant, existing services and funds, and shall be used for ongoing coordination of services, management of the community school, and ongoing data collection and program evaluations.
(5) Implementation grant funds may carry over from year to year and are restricted to permitted uses of the funds.
(6) Qualifying entities that receive implementation grants shall annually report and publicly present their community school plans, including data and outcomes from the prior year, at the schoolsite and at a meeting of the governing board of the school district, county board of education, or the governing body of the charter school. Implementation grant recipients shall publicly post their community school grant application and community schools plan on the local educational agency’s internet website.
(7) The department may allocate any funds returned pursuant to this subdivision for the purposes provided in subdivision (k).
(i) It is the intent of the Legislature that qualifying entities that serve high school pupils with significant populations of undocumented pupils in grades 9 to 12, inclusive, implement a Dream Resource Center as part of their community school model.
(j) (1) All planning and implementation grants awarded under subdivisions (g) and (h) shall be matched by the qualifying entity or its cooperating agencies with a local match equal to one-third of the grant amount. The local match shall be contributed in cash or as services or resources of comparable value, as determined by the department.
(2) The Superintendent
department shall reserve adequate funding pursuant to this section to preserve capacity for qualifying entities receiving planning grants pursuant to subdivision (g) to receive implementation grants pursuant to subdivision (h) at the end of their planning grant period, if all planning grant requirements are met and planning grantee applicants meet implementation grant eligibility requirements pursuant to this section.
(3) Beginning July 1, 2024, the Superintendent
department shall prioritize awarding implementation grants to planning grantees. Notwithstanding paragraph (2), to the extent that sufficient funding is not available to fund implementation grants for all planning grantee applicants, the department shall use the priorities described in subdivision (f) to determine which planning grantee schools receive implementation grants.
(k) (1)Of the amount identified in paragraph (1) of subdivision (b), at least 18 percent eighty-four
million dollars ($84,000,000)
shall be available for the option to extend implementation grants from five years to seven years for ongoing coordination costs to local educational agency implementation grantees of up to one hundred thousand dollars ($100,000) annually per site of an existing community school, and shall be allocated, beginning with the 2027–28 fiscal year, through the 2031–32 fiscal year.
reappropriation in the 2026–27 fiscal year and to support all of the following:
(B) The funding under paragraph (1) shall supplement, not supplant, existing services and funds, and shall be used for ongoing coordination of services, management of the community school, and ongoing data collection and program evaluations.
(3) All grant extensions awarded under paragraph (1) shall be matched by the participating qualifying entity or its cooperating agencies with a local match equal to one dollar ($1) for each dollar ($1) of extension grant funding received. The match shall be contributed in cash or as services or resources of comparable value, as determined by the department.
(1) Up to twenty-eight million dollars ($28,000,000), subject to the approval of the state board, for the state transformational assistance center to support the long-term planning of the California Community Schools Apportionments Program, including the development of the reporting, accountability, and certification requirements and processes. Funds shall be used for all of the following purposes:
(A) Up to three million dollars ($3,000,000), available for encumbrance or expenditure until June 30, 2028, to conduct or commission a set of analyses to inform the long-term technical assistance, reporting, accountability, and certification process for community schools. The state transformational assistance center may conduct these analyses or select one or more institutions of higher education to conduct the analyses no later than January 1, 2028. If an institution or institutions of higher education is selected to conduct these analyses, the institution or institutions may work with a research-based nonprofit organization. Indirect costs applied to contracts with entities conducting the analyses shall not exceed 10 percent of the contract amount. The analyses shall do all of the following:
(i) Summarize research on the features associated with community schools’ progress and success, including community schools that have been previously established.
(ii) Identify key components of community schools to be tracked yearly in the annual progress report and through the certification process and explore mechanisms by which these components may be assessed at scale.
(iii) Engage with a wide range of education interestholders to solicit their input on central features of community schools’ progress and success that should inform technical assistance, reporting, and accountability consistent with the Community Schools framework.
(iv) Identify options to streamline and focus reporting requirements, given other reporting required of schools and local educational agencies. The analyses and recommendations may include changes to other educational planning and reporting mechanisms, including, but not limited to, the local control and accountability plan, the School Plan for Student Achievement, and reporting requirements of the Expanded Learning Opportunities Program, if they can be used to support community schools reporting.
(v) Recommend long-term plan and guidance for the technical assistance structure for community schools in the ongoing funding context, including what an effective, long-term technical assistance structure that is embedded within the larger statewide system of support would look like, and identify potential costs.
(vi) On or before June 30, 2028, produce recommendations for state board consideration and adoption of the analyses.
(B) (i) Up to ten million dollars ($10,000,000), available for encumbrance or expenditure until June 30, 2031, to develop and implement the schoolsite certification process pursuant to the state board of education-adopted recommendations for accountability.
(ii) The state transformational assistance center, subject to the approval of the state board, may select an entity with demonstrated expertise on the community school model and school accountability, to assist with the development and implementation of the certification process.
(iii) The certification process shall be piloted no later than the 2028–29 school year and implemented no later than October 1, 2031.
(iv) The state transformational assistance center shall engage with education interestholders to solicit their input on a certification process.
(C) (i) Fifteen million dollars ($15,000,000), available for encumbrance or expenditure until June 30, 2031, added to the amount specified in paragraph (2) of subdivision (b) to increase the existing amount for the state transformational assistance center to at least five million dollars ($5,000,000) on an annual basis. Funds shall be used to support the statewide expansion of community school sites, evaluate the technical assistance structure, and integrate the community schools model and supports into the statewide system of support by the time certification begins.
(ii) The Legislature and Governor intend to work together to augment the appropriation specified in subparagraph (D) of paragraph (2) of subdivision (c) of Section 8903, as needed, to support future costs for the state technical assistance structure after June 30, 2031. Any additional funding to support the technical assistance structure shall be subject to an appropriation by the Legislature.
(2) (A) Fifty million dollars ($50,000,000), available for encumbrance or expenditure until June 30, 2029, for allocation to the California Collaborative for Educational Excellence to provide grants to develop, identify, and implement models of secondary school redesign pursuant to the Secondary School Redesign Pilot Program established by Section 84 of Chapter 8 of the Statutes of 2025.
(B) Grants provided pursuant to this paragraph shall ensure that models of secondary school redesign include before school, after school, summer, or intersession learning opportunities outside of the instructional day for pupils to the extent feasible and are consistent with the Community Schools framework.
(C) Priority for funding shall be given to grantees serving secondary community schools, as defined in Section 8901, that are committed to the Community Schools framework, and that demonstrate strong relationships between pupils, families, staff and community, that center pupil well-being.
(D) The California Collaborative for Educational Excellence may retain up to three million five hundred thousand dollars ($3,500,000) of the funds described in subparagraph (A) for costs associated with the administration of the model and evaluation of the pilot program. Up to one million dollars ($1,000,000) of the amount appropriated under subparagraph (A) shall be made available to reimburse the Marin County Office of Education, the administrative agent of the collaborative, for costs associated with the administration of the pilot program.
(E) The collaborative, on or before January 1, 2029, shall provide recommendations to the state board for improvements to the framework, developed pursuant to Section 8901.5, consistent with high performing secondary community school models funded and supported under this paragraph.
(3) For the 2026–27 fiscal year of the amount appropriated pursuant to paragraph (1) of subdivision (b) of Section 8903, six million dollars ($6,000,000), is available for encumbrance or expenditure until June 30, 2029, for allocation to the San Bernardino County Office of Education, in partnership with the Sacramento County Office of Education, under the leadership of the state transformational assistance center, to contract with the San Bernardino Superintendent of Schools to support the continued implementation of Transforming Together, an initiative supported by the Children and Youth Behavioral Health Initiative and California Community Schools Partnership Program that aims to strengthen collaboration between county offices of education and community partners to better meet the behavioral health needs of pupils and families.
(l) Of the amount identified in paragraph (2) of subdivision (b), the Superintendent
department shall contract, subject to the approval of the state board, on a competitive basis with at least five local educational agencies to serve as regional technical assistance centers to provide technical assistance to grant recipients local educational agencies seeking to establish or expand establish, expand, or improve community schools. Preference shall be given to local educational agencies that commit to partner
partnering with institutions of higher education or nonprofit community-based organizations. Technical assistance shall, to the extent practicable, be provided in consultation and collaboration with the statewide system of support established pursuant to Section 52059.5, and be made available to share best practices and assist both prospective applicants and grant recipients with tasks, including, but not limited to, all of the following:
(1) Conducting a comprehensive school and community needs and asset assessment.
(2) Improving authentic family and community engagement in the languages spoken in the community.
(3) Creating community partnerships.
partnerships, including, but not limited to, Promise Neighborhoods Initiatives.
(4) Developing sustainable funding sources.
(5) Coordinating services across child-serving agencies and schools.
(6) Accessing and combining funding for services from multiple revenue sources.
(m) Grant recipients and regional technical assistance centers shall commit to providing program and expenditure data to the department, as specified by the Superintendent,
department, and participating in overall program evaluation.
(n) (1) The impact of the grant program in achieving the goals described in this section, including an evaluation of the effectiveness of the opportunities provided, shall be included as part of an annual formative evaluation of the program.
(2) The Superintendent department shall use a competitive grant process to contract with an entity to develop and administer annual formative evaluations. The evaluations shall include all of the following:
(A) Outcome data, as specified by the department and the state board, including measures of pupil well-being and engagement, including, but not limited to, pupil attendance and school climate.
(B) An analysis of the nature and kind of services provided and changes made within the schools, areas of progress, and challenges to be addressed to meet the goals of the California Community Schools Partnership Program, including, but not limited to, effective integration of instructional and pupil support services, and support for authentic pupil, educator, and family engagement.
(C) Evidence of best practices and successful strategies for integrating multiple funding sources to meet a local educational agency’s school improvement goals identified in their local control and accountability plan.
(3) (A) The Superintendent
department shall provide a formative evaluation to the Governor and the appropriate policy and fiscal committees of the Legislature by December 31, 2023, and annually thereafter, ending with a final comprehensive report on or before December 31, 2031.
(B) The annual formative evaluations shall be made publicly available on the department’s internet website.
(C) The annual formative evaluations shall be separate from the comprehensive report that is required to be submitted on December 31, 2025, to the Governor and the appropriate policy and fiscal committees of the Legislature, pursuant to Section 117 of Chapter 110 of the Statutes of 2020.
(D) The final comprehensive report shall be provided to the Governor and the appropriate policy and fiscal committees of the Legislature and the state board on the impact of the grant program in achieving the goals described in this section, including an evaluation of the effectiveness of the opportunities provided. The state board shall consider recommendations in this evaluation for revisions to the Community Schools framework, as applicable.
(o) In addition to the amount specified in subdivision (b), the sum of one billion one hundred thirty-two million five hundred fifty-four thousand dollars ($1,132,554,000) is hereby appropriated from the General Fund in the 2022–23 fiscal year to the Superintendent department for allocation beginning
in the 2023–24 fiscal year for implementation grants and grant extensions consistent with the purposes and requirements of subdivision (b).
(b) and the activities specified in subdivision (k).
(p) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (o) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year.
SEC. 19.
Section 8903 is added to the Education Code, immediately following Section 8902, to read:
8903.
(a) (1) The Legislature finds and declares all of the following:
(A) The California Community Schools Partnership Act, established as part of the Budget Act of 2021, is a key initiative of California’s historic whole-child transformation of public schools built on the state board-adopted California Community Schools Framework. This model of education incorporates state investments in universal free school meals, universal transitional kindergarten, before and after school learning, career and college readiness, and investments in teacher training, coaching, recruitment, and retention, resulting in a cohesive program of instructional quality and removing barriers to learning, and collaborative leadership.
(B) Implementation of the community schools model results in better home-school connections, academic supports, nutrition, after school and summer school enrichment and care, trauma-informed behavioral and physical health services, and access to social services.
(C) The California Community Schools Framework specifies the pillars of a successful community schools model that results in transformational outcomes: integrated pupil supports, family and community engagement, collaborative leadership and practices for educators and administrators, and extended learning time and opportunities. Successful community school models in California implement this framework with fidelity. It is the intent of the Legislature that the California Community Schools Framework be periodically revised to incorporate updated research and identified needs for statewide school and system improvement.
(D) Research indicates that schools that received grants pursuant to the California Community Schools Partnership Act show significant reductions in chronic absenteeism and suspensions, and improvements in test scores and academic achievement, with the largest gains for historically underserved pupils.
(E) Expansion of the community schools model will increase these positive outcomes, especially for schools that have large concentrations of pupils from low-income families, English language learners, and youth in foster care.
(b) (1) (A) For the 2026–27 fiscal year, the Legislature shall initially appropriate the sum of one billion dollars ($1,000,000,000) from the General Fund to the department to administer the California Community Schools Partnership Program in the manner and for the purposes set forth in this chapter.
(B) This amount may be adjusted each year through Item 6100-115-0001 of the annual Budget Act to provide sufficient funding, pursuant to the formula described in subdivision (c), to all eligible schoolsites that participate in the program.
(2) Funds received pursuant to this section shall be used in accordance with the California Community Schools Framework, as adopted by the state board. These funds shall be used to implement community schools supported by local networks and to implement shared decisionmaking practices with education interestholders and shall not be used for punitive disciplinary practices or the engagement of campus law enforcement.
(3) Funds distributed pursuant to paragraph (1) of subdivision (c) shall supplement, not supplant, funding used for services and supports at eligible schoolsites through the local control funding formula pursuant to Section 2574, 2575, or 42238.02, the Expanded Learning Opportunities Program pursuant to Section 46120, or the Literacy Coaches and Reading Specialists Grant Program established pursuant to Sections 53008.5, 53008.7, 53009, and 53009.1.
(c) Funds appropriated pursuant to subdivision (b) shall be distributed each fiscal year as follows:
(1) (A) (i) To local educational agencies to support a network of their eligible schoolsites to implement new, and provide ongoing support for existing, community schools consistent with subparagraphs (B) and (C).
(ii) The allocation calculated pursuant to subparagraph (B) shall be used as to support either a planning period of up to two years pursuant to paragraph (1) of subdivision (e) or the implementation phase described in paragraph (2) of subdivision (e). Schoolsites that are ready to implement shall submit to the department a community school plan and evidence of ongoing progress as part of the annual formative evaluation requirements specified by the department pursuant to subdivision (m) of Section 8902.
(B) (i) Commencing with the 2026–27 fiscal year, for each local educational agency with an eligible schoolsite, the department shall make one of the following computations for each eligible schoolsite based on the following as adjusted pursuant to subparagraph (C):
Pupils Enrolled at the Eligible Schoolsite | Amount to be Computed per Eligible Schoolsite |
| 10–24 | $75,000 |
| 25–150 | $115,000 |
| 151–400 | $190,000 |
| 401–1,000 | $230,000 |
| 1,001–2,000 | $305,000 |
| 2,000+ | $400,000 |
(ii) Commencing with the 2027–28 fiscal year, the amounts to be computed per eligible schoolsite identified in clause (i) shall be adjusted each fiscal year by the percentage change applied pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year.
(iii) A local educational agency with eligible schoolsites that notifies the department of the intent to receive an allocation, pursuant to subparagraph (E), under this section shall receive annual payments in accordance with this subparagraph, as adjusted pursuant to subparagraph (C), notwithstanding subsequent changes in pupil data submitted through the California Longitudinal Pupil Achievement Data System. The annual payments shall remain the same amount and may be adjusted when eligibility is redetermined during the certification process.
(iv) Notwithstanding clause (iii), the department may establish procedures to determine mid-year adjustments to eligibility in cases of an eligible schoolsite restructuring.
(C) An eligible schoolsite that receives an implementation grant pursuant to Section 8902 shall, for the term of its implementation grant, have the allocation listed in subparagraph (B) reduced consistent with the following:
(i) If the total amount of a schoolsite’s implementation grant, divided by five, is greater than or equal to the amount listed in subparagraph (B) for the number of pupils enrolled, the schoolsite shall instead receive no funding under this paragraph for that fiscal year.
(ii) If the total amount of a schoolsite’s implementation grant, divided by five, is less than the amount listed in subparagraph (B) for the number of pupils enrolled, the schoolsite shall instead receive the difference between the total implementation grant amount, divided by five, and the amount specified in subparagraph (B) for the number of pupils enrolled for that fiscal year.
(D) (i) Funds received under this paragraph shall be used for activities consistent with the purposes identified in subdivisions (g) and (h) of Section 8902.
(ii) A schoolsite that, at the time of the receipt of funds, has not conducted the planning needed to develop the schoolsite implementation plan required pursuant to subparagraph (C) of paragraph (2) of subdivision (e), shall use the initial funding to develop an implementation plan that demonstrates alignment with the California Community Schools Framework.
(E) (i) On or before November 1, 2026, a local educational agency with an eligible schoolsite shall notify the department of its intent to receive for each eligible schoolsite an allocation under this paragraph as part of the 2026–27 fiscal year cohort, in a manner to be determined by the department. The notification shall include an initial attestation to the department of the local educational agency’s commitment to implementing the community schools model in accordance with the Community School framework and state law. The notification shall also include assurances declaring the local educational agency collected signed commitment letters from education interestholders, including, but not limited to, the superintendent of the school district, schoolsite principals, and representatives of teachers, noncertificated staff, pupils, and parents.
(ii) A local educational agency with an eligible schoolsite that is not currently receiving funding pursuant to Section 8902 may submit the required notification of its intent to receive an allocation during an annual June 1 opt-in period. Eligible local educational agencies that opt-in by November 1, 2026, or by June 1 of each year shall be eligible to receive apportionment funding as part of a new cohort beginning in the next academic year. A local educational agency shall notify the department about its intent for planning phase or implementation phase status as part of the opt-in process.
(iii) As part of the opt-in process, the department shall notify all local educational agencies of the minimum annual reporting requirements for an annual implementation grant apportionment, and may encourage a local educational agency to pursue a planning period pursuant to subparagraph (A) of paragraph (1) of subdivision (e), as needed, to ensure readiness to implement a new community school.
(2) (A) Ten million dollars ($10,000,000) to the department to select, subject to the approval of the executive director of the state board, at least one local educational agency to implement the technical assistance structure and network described in Section 8902 and support the ongoing certification process. Funds shall also be used to provide support and assistance to local educational agencies on an ongoing basis so they can implement the community schools model in accordance with the Community Schools framework and ultimately help their schoolsites maintain their certification. Preference shall be given to county offices of education that commit to partnering with institutions of higher education, nonprofit community-based organizations, and school districts and schoolsites that demonstrate strong implementation of the community schools approach as outlined in the Community Schools framework, as determined by the department with input from education interestholders. The responsibilities of transformational assistance centers shall be aligned with those identified in paragraph (2) of subdivision (b) of Section 8902.
(B) The department shall determine the terms, including duration, for each transformational assistance center, subject to the approval of the executive director of the state board. The department shall have the authority to renew the selection of the existing transformational assistance centers or reopen the selection process, at the conclusion of each grant term. To determine funding for the transformational assistance structure, the department shall take into consideration the number of community school sites supported by the technical assistance structure.
(C) Technical assistance shall be provided in consultation and collaboration with the statewide system of support established pursuant to Section 52059.5.
(D) Of the amount provided in subparagraph (A), two million dollars ($2,000,000) shall be allocated to the local educational agency serving as the state transformational assistance center. The responsibilities of the state transformational assistance center shall include, but not be limited to, all of the following:
(i) Serve as a lead entity within the statewide system of support and work collaboratively with the California Collaborative for Educational Excellence, the department, lead agencies in the system, and state agencies that support the implementation of community schools.
(ii) Serve as a centralized hub for the transformational assistance structure to facilitate a coordinated and aligned approach for the ongoing implementation of the community schools initiative.
(iii) Collaborate with the department and relevant education interestholders to develop the annual attestation process and certification process required pursuant to subdivision (d).
(iv) On or before October 31, 2029, submit a report to the Legislature, consistent with Section 9795 of the Government Code, outlining the certification process informed by the study.
(E) A local educational agency receiving funding under this paragraph shall commit to providing program and expenditure data to the department, as specified by the department, and participating in program evaluation and improvement efforts.
(d) (1) The department shall allocate funding appropriated in Item 6100-115-0001 of the annual Budget Act to county offices of education to coordinate county-level governmental, nonprofit community-based organizations, and other external partnerships to support community school implementation at grant recipients in their county. This shall include designating a county-level community schools liaison to coordinate with the department and technical assistance centers in capacity building, resource connection, and continuous improvement activities consistent with supporting grant recipients in their county in implementation of community schools, consistent with the Community Schools framework, as specified in subdivision (e). County office of education grant award amounts under this paragraph shall be determined based on the number of community schools funded pursuant to this section, and the number of pupils served in those schools, using an allocation formula determined by the department, and provide at least two hundred thousand dollars ($200,000) and up to five hundred thousand dollars ($500,000) annually, for each qualifying county office of education. These funds are separate from any funds county offices of education receive pursuant to subdivision (f) for serving as qualifying entities to a network of community schools.
(2) A county office of education that receives funds pursuant to this subdivision shall support centralized grant recipient communications with county-level governmental partners and funding sources, which may include, but not be limited to, pupil support and health care service billing and billing practices technical assistance, leading a County Children’s Cabinet, and coordination with Promise Neighborhoods lead organizations and agencies.
(3) A county offices of education that receives funds pursuant to this subdivision shall do all of the following:
(A) Support local educational agency planning and use of pupil and campus data consistent with the guidance of the System of Support Equity Leads, and the state transformational assistance center, for integrating community school, expanded learning, early childhood education, county behavioral health, educator professional development, and other state-funded initiatives integral to the pillars of a community school approach as described in subdivision (b) of Section 8901 and the California Community Schools Partnership Framework described in Section 8901.5, which may be part of the qualifying entity’s local control and accountability plan process pursuant to Section 47606.5, 52060, or 52066, as applicable.
(B) Facilitate professional development and continuous improvement practices, consistent with the Transformational Assistance network, including, but not limited to, communities of practice.
(C) Provide fiscal and programmatic reports to the department as requested, regarding the implementation status and needs of local educational agencies in the county.
(D) Coordinate internally with other county offices of education and other county programs and services that can uplift and support the whole child, with the overall goal of moving towards fully integrating county-level community schools implementation supports and services into the larger statewide system of support by embedding these supports and services within the county’s universal and targeted assistance approach once one-time coordination grants conclude.
(4) As a condition of receiving funding pursuant to this subdivision, a county office of education shall adhere to the County Coordination key practices consistent with the Community Schools framework, and provide the annual reporting required by the department and the state transformational assistance center.
(e) As a condition of receiving funding pursuant to paragraph (1) of subdivision (c), a local educational agency shall maintain its community schools pursuant to the Community Schools framework and criteria developed by the transformational assistance structure in partnership with education interestholders, consistent with all of the following:
(1) (A) A local educational agency with schoolsites that are new to the community schools model may use up to two years of its initial apportionment funds to conduct the planning needed to develop a community schools implementation plan pursuant to subparagraph (C) paragraph (2). Upon the conclusion of this 24 month planning period, the local educational agency shall be required to provide the implementation plan to department and move into the implementation phase.
(B) Funds for planning shall be used to support any of the following:
(i) Staffing costs for a community school coordinator.
(ii) Conducting a comprehensive school and community needs and asset assessment, including, but not limited to, pupil and community demographics, school climate, integrated support services, expanded learning time, educator, family, pupil, and community engagement, new or existing partnerships with governmental entities or community-based organizations, and available funding sources.
(iii) Grant application support, service billing development, and other administrative costs necessary to launch a community school model at scale.
(iv) Partnership development and coordination support between the grantee and cooperating agencies, including, but not limited to, a Promise Neighborhood lead agency.
(v) Providing training and support to local educational agency and cooperating agency personnel to develop best practices for integrating instruction and pupil supports.
(vi) Preparing a community school implementation plan for submission to the governing board or body of the local educational agency and to the department.
(vii) Up to 10 percent of the annual allocation may be used by the local education agency for agency-wide planning and support needs, consistent with the Community Schools framework, and as a network lead for multiple eligible schoolsites located in a Promise Neighborhood.
(viii) Providing professional development and strengthening instruction through project-based and experiential learning.
(ix) Implementing social-emotional learning and restorative practices.
(x) Strengthening behavioral health care supports, including, but not limited to, implementation of the Children and Youth Behavioral Health Initiative Fee Schedule pursuant to Section 5961.4 of the Welfare and Institutions Code.
(xi) Leveraging partnerships to facilitate the whole-child inventory and integrated supports for pupils and schoolsite staff.
(xii) Supporting secondary community school redesign.
(C) A local educational agency that has not provided the department with a satisfactory implementation plan for an eligible schoolsite, as required pursuant to subparagraph (C) of paragraph (2), within 24 months of initial apportionment, shall have the apportionment for that eligible schoolsite subtracted by the department in the subsequent fiscal year.
(2) A local educational agency that has completed planning and is in the implementation phase shall be required to meet the following requirements annually commencing with its first year of implementation:
(A) Ensure that each funded schoolsite has convened a shared decisionmaking team or council that includes pupils, families, community partners, and educators.
(B) Support each schoolsite’s shared decisionmaking team or council in developing a schoolsite community school implementation plan that the shared decisionmaking team or council annually presents to its schoolsite.
(C) Provide the department with an implementation plan that was submitted to the governing board or body of the local educational agency. The implementation plan shall include all of the following details:
(i) The prior year’s program and expenditure data and pupil outcomes if applicable.
(ii) A description of how the local educational agency’s approach to community schools aligns with the Community School framework.
(iii) A description of how the local educational agency’s approach engages in collaborative leadership with pupils, families, educators, and community partners.
(iv) A description of how the local educational agency’s approach expands services to pupils and leverages and braids funds from existing state initiatives, including, but not limited to, the Expanded Learning Opportunities Program, the Children and Youth Behavioral Health Initiative Fee Schedule program, universal school meals program, California State Preschool Program, and universal transitional kindergarten.
(v) A description of how the local educational agency’s approach assesses technical assistance needs and identifies a plan to address those needs, which may include a local community of practice and connecting to state-led technical assistance opportunities and resources; and a plan for the school year.
(vi) Each eligible schoolsite’s community schools implementation plan.
(D) Annually report and publicly present its community schools implementation plan at a meeting of the governing board or body of the local educational agency. The local educational agency shall publicly post its community schools implementation plan on the local educational agency’s and the schoolsites’ internet websites.
(E) A local educational agency with an Expanded Learning Opportunities Program allocation or an After School Education and Safety Program grant may submit those programs’ respective implementation plans as part of its community school implementation plan.
(F) (i) Submit an annual progress report that includes an attestation that their community schoolsites are providing wraparound supports to pupils and is implementing community schools in accordance with the California Community Schools Framework as adopted by the state board. The technical assistance structure shall utilize the annual progress report to provide support to local educational agencies and schoolsites on implementation and continuous improvement of their community schools models.
(ii) The annual progress report requirements, including the attestation of the community school’s commitment to the framework, shall be developed by the state transformational assistance center in collaboration with the department and education interestholders. The annual progress report shall be aligned and consistent with the Community Schools framework and the annual progress report required for recipients of the one-time implementation grants pursuant to Section 8902 to the extent feasible. A local educational agency that received one-time implementation grants may submit the existing annual progress report to fulfill the requirement for the duration of its grant period pursuant to Section 8902.
(3) As a condition of receiving funding pursuant to paragraph (1) of subdivision (c), a local educational agency shall commit to providing program and expenditure data to the department, as specified by the department, and participating in program evaluation and improvement efforts.
(4) (A) It is the intent of the Legislature that, beginning in the 2031–32 fiscal year, a local educational agency’s schoolsites will be required to participate in a seven-year certification process conducted by an external certification entity and managed through the state transformational assistance center to ensure quality community school models are implemented with fidelity. Only schoolsites that are certified through this process shall be eligible to receive ongoing community schools funding under paragraph (1) of subdivision (c).
(B) A local educational agency’s apportionment generated for a schoolsite that loses its certification may be deemed ineligible to continue receiving an apportionment for that schoolsite, subject to the determination of the department. If a schoolsite loses its certification, the local educational agency may continue receiving a community schools apportionment for that schoolsite until the schoolsite’s current certification period expires. A local educational agency shall not receive renewed funding for an uncertified schoolsite until the schoolsite meets certification standards again.
(C) A local educational agency that is interested in establishing a new community school at, or renewing funding for, an eligible schoolsite shall have an opportunity to submit a request to be considered for funding during regular intervals. The details for the requests, including deadlines and timing of the intervals and approval, shall be determined by the department in collaboration with the transformational assistance centers and education interestholders.
(f) A local educational agency may retain up to 10 percent of the total funds awarded pursuant to paragraph (1) of subdivision (c) for its eligible schoolsites each fiscal year. These funds shall be used to administer community schools established at eligible schoolsites, manage professional learning and networking, and coordinate services and funding streams for community schools under the local educational agency with eligible schoolsites. Funds retained by the local educational agency to provide direct services to pupils may be retained separately from this administrative set-aside.
(g) A local educational agency receiving funding under paragraph (1) of subdivision (c) shall commit to communicating and collaborating with the transformational assistance centers, as often as the transformational assistance centers may reasonably require, to discuss the implementation of community schoolsites, potential challenges facing the local educational agency during implementation, and best practices that can be shared with peer community schoolsites.
(h) A local educational agency that receives funds under paragraph (1) of subdivision (c) for an eligible schoolsite that has closed, as reported pursuant to paragraph (2) of subdivision (f) of Section 60900, shall return any unspent funds received for that closed schoolsite to the department. The local educational agency shall report the total amount of unspent funds in accordance with instructions and forms prescribed and furnished by the department. Any returned funds that are not reallocated shall revert to the General Fund.
(i) If funds appropriated for the purpose of this section remain after all apportionments pursuant to subdivisions (b) and (c) have been made, the balance that exceeds that amount shall revert to the General Fund by June 30 of each year.
(j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made.
SEC. 20.
Section 11300 of the Education Code is amended to read:
11300.
(a) The Legislature finds and declares that middle college high schools have proven to be a highly effective collaborative effort between local school districts or regional occupational centers or programs and community colleges. The goal of the middle college high school is to select at-promise high school pupils who are performing below their academic potential and place them in an alternative high school located on a community college campus in order to reduce the likelihood that they will drop out of school before graduation.
(b) Each middle college high school shall be structured as a broad-based, comprehensive instructional program focusing on college preparatory and school-to-work curricula, career education, work experience, community service, and support and motivational activities.
(c) The specific design of a middle college high school may vary depending on the circumstances of the community college or school district. college and the school district or regional occupational center or program. The basic elements of the middle college high school shall include, but not be limited to, the following:
(1) A curriculum that focuses on college and career preparation.
(2) A reduced adult-student ratio.
(3) Flexible scheduling to allow for work internships, community service experience, and interaction with community college student role models.
(4) Opportunities for experiential internships, work apprenticeships, and community service.
SEC. 21.
Section 11301 of the Education Code is amended to read:
11301.
(a) The California Community Colleges and the State Department of Education department shall collaborate with each other and with their respective local community colleges and local colleges, school districts
districts, and regional occupational centers or programs to ensure the continued success of existing middle college high schools and to promote the establishment of new middle college high schools.
(b) The responsibilities of the California Community Colleges and the State Department of Education department pursuant to subdivision (a) shall include, but need are not be limited to,
both of the following:
(1) With respect to existing middle college high schools, monitor the ongoing viability of the programs, assist with the resolution of policy or financial issues that may arise, and track specific outcomes for students and schools, including attendance rates, graduation rates, college entrance and attendance rates, and employment rates for those students who do not attend college.
(2) With respect to the promotion of new middle college high schools, respond to inquiries from school districts districts, regional occupational centers or programs, and community colleges about the establishment of middle college high schools,
advise local entities on startup costs and ongoing funding mechanisms for the program, consult with local entities on the organizational structure of, and curriculum development for, the middle college high schools, facilitate the completion of any necessary facilities improvements, communicate with local entities at least biannually about the existence of middle college high schools and the availability of State Department of Education and the department’s and the California Community Colleges Colleges’ resources, if any, to assist with the establishment of middle college high schools.
SEC. 22.
Section 14041.5 of the Education Code is amended to read:
14041.5.
(a) Notwithstanding subdivision (a) of Section 14041, for the 2002–03 fiscal year to the 2013–14 fiscal year, inclusive, and for the 2019–20 to the 2020–21 fiscal year, inclusive, warrants for the principal apportionments for the month of June instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41335.
(b) Except as otherwise provided in this section, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn.
(c) For the 2003–04 school year, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2004–05 fiscal year shall be seven hundred twenty-six million two hundred seventy thousand dollars ($726,270,000). Any amount in excess of seven hundred twenty-six million two hundred seventy thousand dollars ($726,270,000) that is apportioned in July of 2004 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2003–04 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2003–04 fiscal year.
(d) For the 2004–05 school year to the 2007–08 school year, inclusive, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the following fiscal year shall be seven hundred fifteen million one hundred eighteen thousand dollars ($715,118,000). Any amount in excess of seven hundred fifteen million one hundred eighteen thousand dollars ($715,118,000) that is apportioned in July of any year is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the prior fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the prior fiscal year.
(e) For the 2008–09 school year to the 2013–14 school year, inclusive, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the following fiscal year shall be one billion one hundred one million six hundred fifty-five thousand dollars ($1,101,655,000). Any amount in excess of one billion one hundred one million six hundred fifty-five thousand dollars ($1,101,655,000) that is apportioned in July of any year is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the prior fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the prior fiscal year.
(f) (1) (A) For the 2019–20 fiscal year, the amount of apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2020–21 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year shall be one billion eight hundred fifty million three hundred seventy-seven thousand dollars ($1,850,377,000). Any amount in excess of one billion eight hundred fifty million three hundred seventy-seven thousand dollars ($1,850,377,000) that is apportioned in July 2020 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2019–20 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year.
(B) For the 2020–21 fiscal year, the amount of apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year shall be two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000). Any amount in excess of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) that is apportioned in July 2021 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2020–21 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(2) For the 2019–20 fiscal year, the principal apportionment deferred from June to July pursuant to subdivision (a) shall be paid by the Controller no later than July 15, 2020.
(g) (1) For the 2022–23 fiscal year, eighty-eight million four hundred seventy-one thousand dollars ($88,471,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(2) For the 2023–24 fiscal year, one billion five hundred sixty-eight million two hundred sixty-three thousand dollars ($1,568,263,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(3) For the 2023–24 fiscal year, three billion six hundred five million one hundred seventy-three thousand dollars ($3,605,173,000) forty-one million six hundred ninety-four thousand dollars ($3,641,694,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2024–25 fiscal
year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year.
SEC. 23.
Section 14500 of the Education Code is amended to read:
14500.
It is the intent of the Legislature in enacting this chapter to promote accountability over public educational funding by establishing a new program to review and report on financial and compliance audits of school districts and the offices of districts, educational joint powers authorities, county superintendents of schools, and charter schools. It is further the intent of the Legislature that the Controller shall have the primary responsibility for implementing and overseeing the program.
SEC. 24.
Section 14501 of the Education Code is amended to read:
14501.
(a) As used in this chapter, “financial and compliance audit” shall be consistent with the definition provided in the “Standards for Audits of Governmental Organizations, Programs, Activities, and Functions”
generally accepted government auditing standards promulgated by the Comptroller General of the United States. United States Government Accountability Office.
Financial and compliance audits conducted under this chapter shall fulfill federal single audit requirements.
(b) As used in For purposes of this chapter, “compliance
the following definitions apply:
(1) “Compliance audit” means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation regulation, or both both, and includes the verification of each of the
following:
(A) Expenditure of funds in accordance with the local control and accountability plan adopted pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2.
(B) The reporting requirements for the sufficiency of textbooks or instructional materials, or both, as defined in Section 60119.
(C) Teacher misassignments pursuant to Section 44258.9.
(D) The accuracy of information reported on the School Accountability Report Card required by Section 33126. The
(2) “Educational joint powers authority” means an entity described in subdivision (a) of Section 41023 that is formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).
(3) “Local educational agency” means a school district, educational joint powers authority, charter school, or county superintendent of schools.
(c) The requirements set forth in paragraphs (2) and (3) and this paragraph subparagraphs (B) to (D), inclusive, of paragraph (1)
of subdivision (b)
shall be added to the audit guide requirements pursuant to subdivision (b) of Section 14502.1.
SEC. 25.
Section 14502.1 of the Education Code is amended to read:
14502.1.
(a) The Controller, in consultation with the Department of Finance and the department, shall develop a plan to review and report on financial and compliance audits. The plan shall commence with the 2003–04 fiscal year for audits of school districts, other local educational agencies, and the offices of county superintendents of schools. The Controller, in consultation with the Department of Finance, the department, and representatives of the California School Boards Association, the California Association of School Business Officials, the California County Superintendents Educational Services Association, the California Teachers Association, the California School Employees Association, the California Society of Certified Public Accountants, the California Charter Schools Association, and the County Office Fiscal Crisis and Management Assistance Team, shall recommend the statements and other information to be included in the audit reports filed with the state, and shall propose the content of an audit guide to carry out the purposes of this chapter. A supplement to the audit guide may be suggested in the audit year, following the above process, to address issues resulting from new legislation in that year that changes the conditions of apportionment. The proposed content of the audit guide and any supplement to the audit guide shall be submitted by the Controller to the Education Audit Appeals Panel for review and possible amendment.
(b) The audit guide and any supplement shall be adopted by the Education Audit Appeals Panel pursuant to the rulemaking procedures of the Administrative Procedure Act, as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. It is the intent of the Legislature that, for the 2003–04 fiscal year, the audit guide be adopted by July 1 of the fiscal year to be audited. A supplemental audit guide may be adopted to address legislative changes to the conditions of apportionment. It is the intent of the Legislature that supplements be adopted before March 1 of the audit year. Commencing with the 2004–05 fiscal year, and each fiscal year thereafter, the audit guide shall be adopted by July 1 of the fiscal year to be audited. A supplemental audit guide may be adopted to address legislative changes to the conditions of apportionment. The supplements shall be adopted before March 1 of the audit year. To meet these goals and to ensure the accuracy of the audit guide, the process for adopting emergency regulations set forth in Section 11346.1 of the Government Code may be followed to adopt the audit guide and supplemental audit guide. It is the intent of the Legislature that once the audit guide has been adopted for a fiscal year, as well as any supplement for that year, thereafter only suggested changes to the audit guide and any additional supplements need be adopted pursuant to the rulemaking procedures of the Administrative Procedure Act. The audit guide and any supplement shall be issued in booklet form and may be made available by any means deemed appropriate. The Controller and consultants in the development of the suggested audit guide and any supplement shall work cooperatively on a timeline that will allow the Education Audit Appeals Panel to meet the July 1 and March 1 issuance dates. Consistent with current practices for development of the audit guide before the 2003–04 fiscal year, the Controller shall provide for the adoption of procedures and timetables for the development of the suggested audit guide, any supplement, and the format for additions, deletions, and revisions.
(c) For the audit of school districts or county offices of education electing to take formal action pursuant to Sections 22714 and 44929, the audit guide content proposed by the Controller shall include, but not be limited to, the following:
(1) The number and type of positions vacated.
(2) The age and service credit of the retirees receiving the additional service credit provided by Sections 22714 and 44929.
(3) A comparison of the salary and benefits of each retiree receiving the additional service credit with the salary and benefits of the replacement employee, if any.
(4) The resulting retirement cost, including interest, if any, and postretirement health care benefits costs, incurred by the employer.
(d) The Controller shall annually prepare a cost analysis, based on the information included in the audit reports for the prior fiscal year, to determine the net savings or costs resulting from formal actions taken by school districts and county offices of education pursuant to Sections 22714 and 44929, and shall report the results of the cost analysis to the Governor and the Legislature by April 1 of each year.
(e) All costs incurred by the Controller to implement subdivision (c) shall be absorbed by the Controller.
(f) On or before January 1, 2015, the Controller, in consultation with the State Allocation Board, the Department of Finance, and the department, shall submit content to the Education Audit Appeals Panel to be included in the audit guide, Standards and Procedures for Audits of California K-12 Local Educational Agencies beginning in the 2015–16 fiscal year, that is related to the financial and performance audits required for school facility projects, as described in Section 15286.
SEC. 26.
Section 14503 of the Education Code is amended to read:
14503.
(a)Financial and compliance audits shall be performed in accordance with General Accounting Office standards
the generally accepted government auditing standards promulgated by the United States Government Accountability Office for financial and compliance audits.
audits and in accordance with the filing deadlines established pursuant to Sections 41020 and 41020.2. The audit guide prepared by the Controller shall be used in the performance of these audits until an audit guide is adopted by the Education Audits Appeal Audit Appeals Panel pursuant to Section 14502.1. When an audit guide is adopted by that panel, the adopted audit guide shall be used in the performance of these audits. Every audit report shall specifically and separately address each of the state program compliance requirements included in the audit guide, stating whether or not the district
local educational agency is in compliance with those requirements. For each state program compliance requirement included in the audit guide, every audit report shall further state that the suggested audit procedures included in the audit guide for that requirement were followed in the making of the audit, if that is the case, or, if not, what other procedures were followed. If a local education educational agency is not in compliance with a requirement that is a condition of eligibility for the receipt of state funds, the audit report shall include a statement of the number of units of average daily attendance, if any, that were inappropriately reported for apportionment.
SEC. 27.
Section 14504 of the Education Code is amended to read:
14504.
(a) (1) To determine the practicability and effectiveness of the audits and audit guide, the Controller shall, on an annual basis, review and monitor the audit reports performed by independent auditors. The
(2) (A) The
Controller shall determine whether audit reports are in conformance with the reporting provisions of subdivision (a) of Section 14503 and shall notify each local education educational agency, office of the responsible chartering authority if applicable, the responsible county superintendent of schools, the Superintendent of Public Instruction,
Superintendent,
the Department of Finance, and the auditor regarding each determination. The local education agency or the county superintendent of schools contracting for the financial and compliance audit shall include a statement that will provide the Controller access to audit working papers.
within six months of the audit report due date or the audit report issue date, whichever is later, regarding each determination.
(B) The local educational agency, the chartering authority, the county superintendent of schools, or the Superintendent contracting for the financial and compliance audit shall include a statement that will provide the Controller access to audit working papers.
(b) Commencing with the 2027–28 fiscal year, the Controller’s desk review checklist that is used to determine whether audit reports are in conformance with the reporting requirements of Section 14503 shall be published on or before October 31 of each year, or 30 days following the release of the annual federal compliance supplement for Single Audit Act audits, whichever is later. The Controller’s desk review checklist shall focus on elements of reporting that are material, whether qualitative or quantitative, and areas with a higher risk of error or misstatement.
SEC. 28.
Section 14504.2 of the Education Code is amended to read:
14504.2.
(a) The Controller may perform quality control reviews of audit working papers to determine whether audits are performed in conformity with subdivision (a) of Section 14503. The Department of Finance or the Superintendent may refer an independent auditor of a school district local educational agency to the Controller for a review pursuant to this section if the Department of Finance
or the Superintendent finds that an audit of a school district
local educational agency was conducted in a manner that may constitute noncompliance with subdivision (a) of Section 14503. The Controller shall communicate the results of his or her the Controller’s reviews to the Department of Finance, entity that referred the independent auditor to the Controller, the independent auditor, and the school district or office of the county superintendent of schools
local educational agency
for which the audit was performed, and shall review his or her the Controller’s findings with the independent auditor.
(b) (1) Prior to the performance of any quality control reviews, the Controller shall develop and publish guidelines and standards for those reviews. Pursuant to the development of those guidelines and standards, the Controller shall provide opportunity for public comment.
(2) The Controller shall conduct a quality control review establish and publish as part of the audit working papers of the independent auditor who performed the audits for a local education agency for the prior three fiscal years if any of the following circumstances exists: guidelines a weighted risk-based criteria that considers auditor experience and quality factors in determining which audit engagements shall undergo a quality control review. Criteria shall include, but not be limited
to, all of the following:
(B) The budget of the local education agency is disapproved or the local education agency has received a negative certification on any budget or interim financial report, as defined in Section 42131, during the current or preceding fiscal year.
(C) The responsible county superintendent of schools has otherwise determined that a lack of going concern exists for a local education agency pursuant to Section 42127.6.
(A) Audit reports that were found to have material nonconformance to the reporting provisions of Section 14503 through the Controller’s review.
(B) Audits conducted by an engagement partner who has not performed audits of local educational agencies in the preceding three years.
(C) Audits that are submitted after the due date established pursuant to subdivision (k) of Section 41020, or an approved extension date, whichever is later.
(3) If the quality control review of the Controller indicates that the audit was conducted in a manner that may constitute unprofessional conduct conduct, as defined pursuant to Section 5100 of the Business and Professions Code, including, but not limited to, gross negligence resulting in a material misstatement in the audit, the Controller shall refer the case to the California Board of Accountancy. If the California Board of Accountancy finds that the independent auditor conducted an audit in an unprofessional manner, the independent auditor is prohibited from performing any audit of a local education
educational agency for a period of three years, in addition to any other penalties that the California Board of Accountancy may impose.
(c) In any matter that is referred to the California Board of Accountancy under subparagraph (A) of paragraph (1) (3) of subdivision (c),
(b), the Controller may suspend the independent auditor from performing any local education educational agency audits pending final disposition of the matter by the California Board of Accountancy if the Controller gives the independent auditor notice and an opportunity to respond to that suspension. The independent auditor shall be given credit for any period of suspension if the California Board of Accountancy prohibits the independent auditor from performing audits of the local education educational agency under
paragraph (3) of subdivision (c). In no event may the (b). The Controller shall not suspend an independent auditor under this subdivision for a period of longer than three years.
(d) The county superintendent of schools, the school district, the charter school, the chartering authority, the Controller, or the Superintendent may refer an independent auditor of a local educational agency to the California Board of Accountancy for action described in paragraph (3) of subdivision (b) if any of the following circumstances exist:
(1) An audit of a local education educational agency was conducted in a manner that may constitute unprofessional conduct
conduct, as defined by Section 5100 of the Business and Professions Code, including, but not limited to, gross negligence resulting in a material misstatement in the audit.
(2) Material deficiencies are discovered in the quality control review conducted pursuant to this section.
(3) The continuing education requirements of Section 41020 are not met.
SEC. 29.
Section 14505 of the Education Code is amended to read:
14505.
(a) The governing board of each school district and each office of the county superintendent of schools or body of a local educational agency shall include both of the following two provisions in their contracts for audits:
(1) A provision to withhold 10 percent of the audit fee until the Controller certifies that the audit report conforms to the reporting provisions of subdivision (a) of Section 14503.
(2) A provision to withhold 50 percent of the audit fee for any subsequent year of a multiyear contract if the prior year’s audit report was not certified as conforming to
the reporting provisions of subdivision (a)
of Section 14503. This provision shall include a statement that a multiyear contract will be null and void if a firm or individual is declared ineligible pursuant to subdivision (c) of Section 41020.5. The amount withheld is not payable unless payment is ordered by the California Board of Accountancy or the audit report for that subsequent year is certified by the Controller as conforming to the reporting provisions of subdivision (a) of Section 14503.
(b) If the Controller has not provided a written certification that the audit report has conformed to the reporting provisions of Section 14503 or a written rejection letter detailing the exceptions noted by the Controller’s review with instructions for corrections by the sixth month following the date that the audit is received by the Controller, or the audit due date, whichever is later, the governing board or body of the local educational agency may release the amounts withheld in audit fees pursuant to paragraph (1) of subdivision (a).
(c) Within 30 days from the date of receipt of written notification that the Controller refuses to certify an audit report as conforming to the reporting provisions of subdivision (a) of Section 14503, an auditor or audit firm having a portion of an audit fee withheld pursuant to these provisions may file an appeal in writing with the California Board of Accountancy. The board
California Board of Accountancy
shall complete an investigation of the appeal within 90 days of the filing date and, on the basis of the investigation, do either of the following:
(1) Order the Controller to provide notification that the audit report conforms to the reporting provisions of subdivision (a) of Section 14503.
(2) Schedule the appeal for a hearing, in which case the final action on the appeal shall be completed by the board California Board of Accountancy within one year from the date of filing the
appeal.
(d) If the board
California Board of Accountancy orders the Controller to provide notification that the audit report conforms to reporting provisions of subdivision (a) of Section 14503,
pursuant to paragraph (1) of subdivision (c), the Controller shall notify the contracting school district local educational agency which shall then release the portion of the audit fee being withheld in accordance with this section.
SEC. 30.
Section 14506 of the Education Code is amended to read:
14506.
The Controller shall conduct any additional audits which that are necessary to carry out his or her the Controller’s duties and responsibilities under pursuant to this code and the Government Code. Nothing in this chapter shall be construed to
This chapter does not authorize any a local educational agency, or any a subcontractor or subrecipient, to constrain, in any manner, the Controller from carrying out any additional audits. However, to To the extent that the required financial and compliance audits provide the Controller with the information necessary
to carry out his or her
the Controller’s responsibilities, the Controller shall plan additional audits as appropriate to avoid any unnecessary duplication of audit efforts. In performing these additional audits, the Controller shall, to the extent deemed appropriate under the circumstances, build upon the work performed during the required financial and compliance audit. The Controller shall not bill the school district or the county superintendent of schools local educational agency for the costs of these additional audits.
SEC. 31.
Section 14507 of the Education Code is amended to read:
14507.
The Controller shall report to the State Department of Education by June 30 Superintendent on or before August 31 of each year in order to apprise the department of school districts and offices of county superintendents of schools which Superintendent of those local educational agencies that are not in compliance with the applicable statutes and regulations. The Controller’s report shall categorize audit exception by types and shall identify the reasons for the
exceptions. The reasons may be the legislative intent or language is unclear or the administrative requirement is not feasible. The Controller shall make recommendations as to what action should be taken by the department. Superintendent. Before issuing the report, the Controller shall allow the school district or the county superintendent of schools each local educational agency that is specified in the report a reasonable period of time to review and comment on the section of the report affecting them.
that local educational agency.
SEC. 32.
Section 14508 of the Education Code is amended to read:
14508.
The Notwithstanding Section 10231.5 of the Government Code, the Controller shall submit a report report, consistent with Section 9795 of the Government Code, to the Legislature on or before June 30 August 31 of each year regarding any recommendations made to the State Department of Education under
Superintendent pursuant to Section 14507.
SEC. 33.
Section 14509 of the Education Code is amended to read:
14509.
The funding appropriated in Item 6100-161-0001 of the annual Budget Act for mental health services shall be subject to existing state and federal audit requirements. Audit procedures shall be included in the audit guide to review whether funding for educationally related mental health services pursuant to this item was used by local educational agencies for its intended purposes in the 2016–17 fiscal year. These audit procedures shall be included in future fiscal years if the addition of these procedures is recommended by the Controller pursuant to subdivision (a) of Section 14502.1. If any mental health audit findings are generated through this process, the Superintendent shall ensure that the local educational agency has either corrected or developed a plan of correction for state and federal mental health funds pursuant to subdivision (m)
(o) of Section 41020.
SEC. 34.
Section 17076.11 of the Education Code is amended and renumbered to read:
17076.11.17076.12.
Any school district using funds allocated pursuant to this chapter for the construction or modernization of a school building, building shall have a participation goal of at least 3 percent, per year, of the overall dollar amount expended each year by the school district, for disabled veteran business enterprises.
SEC. 35.
Section 17076.11 is added to the Education Code, immediately following Section 17076.10, to read:
17076.11.
(a) If the board determines that a school district, county office of education, joint powers authority, or charter school is in default, or projected to default, with the requirements of any program administered by the board, the board may withhold any new approvals for that school district, county office of education, joint powers authority, or charter school under this chapter. The board may require sufficient evidence from the applicant that a default or projected default has been addressed before making any new approvals.
(b) The withholding of any new approvals pursuant to this section shall not, in and of itself, make the board liable for any tort, breach of contract, or any other action for damages caused by an applicant arising from new construction or modernization by the applicant. These contracts include, but are not limited to, contracts between the applicant and its construction contractors, construction managers, architects, or engineers. The applicant shall be liable for all torts, breaches of contract, or any other actions for damages caused by the applicant.
(c) For purposes of this section the following definitions apply:
(1) “Charter school” includes a charter school or entity managing a charter school, as described in subdivision (a) of Section 47604.1.
(2) “New approvals” include, but are not limited to, unfunded approvals, apportionments, fund releases, and closeout audit adjustments.
SEC. 36.
Section 17376 is added to the Education Code, immediately following Section 17375, to read:
17376.
(a) If the board determines that a school district or county office of education is in default, or projected to default, with the requirements of any programs administered by the board, the board may withhold any new approvals for that school district or county office of education under this article. The board may require sufficient evidence from the applicant that a default or projected default has been addressed before making any new approvals.
(b) The withholding of any new approvals pursuant to this section shall not, in and of itself, make the board liable for any tort, breach of contract, or any other action for damages caused by an applicant arising from new construction or modernization by the applicant. These contracts include, but are not limited to, contracts between the applicant and its construction contractors, construction managers, architects, or engineers. The applicant shall be liable for all torts, breaches of contract, or any other actions for damages caused by the applicant.
(c) For purposes of this section, “new approvals” include, but are not limited to, unfunded approvals, apportionments, fund releases, and closeout audit adjustments.
SEC. 37.
Section 32526 of the Education Code is amended to read:
32526.
(a) (1) For the 2022–23 fiscal year, the sum of six billion three hundred forty-five million four hundred five thousand dollars ($6,345,405,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525. The Superintendent shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to local educational agencies in the manner, and for the purposes, set forth in this section. This allocation shall be known as the Learning Recovery Emergency Block Grant.
(2) For purposes of this section, the following definitions apply:
(A) “Evidence-based” has the same meaning as that term is used in Section 7801(21)(A) of Title 20 of the United States Code.
(B) “Local educational agency” means a school district, county office of education, or charter school.
(3) The department may collect, from a local educational agency’s principal apportionment monthly payment pursuant to Section 14041, the difference between the local educational agency’s allocation for the Learning Recovery Emergency Block Grant pursuant to this section, as amended by Assembly Bill 185 of the 2021–22 Regular Session, and the revised allocation pursuant to this section, as amended by Senate Bill 114 of the 2023–24 Regular Session. The department shall report any uncollectible amounts to the Department of Finance and the Legislature by January 31, 2024.
(b) Funds described in subdivision (a) shall be allocated on a per-unit basis of the local educational agency’s 2021–22 fiscal year second period reported kindergarten and grades 1 to 12, inclusive, average daily attendance multiplied by the local educational agency’s 2021–22 unduplicated pupil percentage calculated pursuant to Section 2574 or 42238.02, as applicable. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(c) (1) The governing board or body of a local educational agency may expend the one-time funds received pursuant to this section to establish learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery and staff and pupil social and emotional well-being.
(2) Specifically, funds received under subdivision (b) shall only be expended for any of the following purposes:
(A) Instructional learning time for the 2022–23 through 2027–28 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other evidence-based action that increases or stabilizes the amount of instructional time or services provided to pupils, or decreases or stabilizes staff-to-pupil ratios, based on pupil learning needs.
(B) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of evidence-based learning supports, such as:
(i) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff.
(ii) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both.
(iii) Providing early intervention and literacy programs for pupils in preschool to grade 3, inclusive, including, but not limited to, school library access.
(iv) Supporting expanded learning opportunity program services pursuant to Section 46120.
(v) Providing instruction and services consistent with the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) regardless of grantee status.
(vi) Providing professional development and coaching on either or both of the following:
(I) The 2023 Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve.
(II) The English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve.
(C) Integrating evidence-based pupil supports to address other barriers to learning, and staff supports and training, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.
(D) Access to instruction for credit-deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.
(E) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.
(F) Conducting the needs assessment pursuant to subdivision (d).
(d) (1) A local educational agency that has received or will receive apportioned funds pursuant to this section shall develop a needs assessment regarding the use and expenditure of funds for the 2025–26, 2026–27, and 2027–28 school years.
(2) The local educational agency shall ensure that the needs assessment:
(A) Identifies pupils in the greatest need of learning recovery supports and the interventions that the local educational agency has selected to address those pupils’ needs pursuant to paragraph (2) of subdivision (c).
(B) Includes a review of each of the following metrics:
(i) Assessment of academic performance in English language arts and mathematics, including, at least:
(I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very Low” or “Low” status levels on the California School Dashboard.
(II) All pupils within the local educational agency whose scale score places them in the lowest achievement level or on the low end of the second lowest achievement level.
(ii) Assessment of chronic absenteeism, including at least:
(I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very High” or “High” status levels on the California School Dashboard or, for high schools, at comparatively low levels of performance based on reports on the department’s internet website.
(II) All pupils reported as chronically absent. Local educational agencies are encouraged to conduct further analysis focused on pupils who have high rates of unexcused absences.
(3) A local educational agency may include local metrics as part of the needs assessment that identify pupils who have experienced learning loss or low academic performance, such as formative or interim assessments or similar tools, or evidence of disengagement from school, such as current-year absenteeism data or any metrics the local educational agency uses to identify pupils in need of reengagement services.
(4) The department shall provide written technical assistance for schools and local educational agencies that describes how to use local metrics in conjunction with the metrics required pursuant to paragraph (2).
(5) A local educational agency may contract with a third party to develop or otherwise support the development of the needs assessment.
(6) A local educational agency is encouraged to contract, or otherwise partner with, community-based organizations with a track record of success in serving high-needs pupils to deliver the services or programs authorized by this section.
(7) It is the intent of the Legislature that the department provide assistance to local educational agencies by providing information, including data reports, necessary to facilitate and assist the local educational agency’s development of the needs assessment pursuant to this subdivision and integration of the needs assessments conducted pursuant to the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 137 of Chapter 52 of the Statutes of 2022 and the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) in planning pursuant to this section.
(e) (1) Local educational agencies receiving apportionments pursuant to this section shall report to the department, using the template developed by the department, and make publicly available on their internet websites, interim expenditures of those apportioned funds to the department by December 15, 2024.
(2) If a charter school ceases to operate before December 15, 2029, a final expenditure report, using the template developed by the department, shall be due to the department within 60 days of the effective date of closure and the department shall collect any unspent amounts.
(3) (A) The department, on or before June 30, 2023, shall develop an expenditure report template for use by local educational agencies in fulfilling the requirements of paragraph (1).
(B) The template shall require the inclusion of the total expenditures, by fiscal year, for each allowable use pursuant to paragraph (2) of subdivision (c), disaggregated by each allowable use specified in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c).
(C) The template shall, to the greatest extent practicable, use language that is understandable and accessible to parents.
(f) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, five billion six hundred twenty-five million six hundred forty-eight thousand dollars ($5,625,648,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, seven hundred nineteen million seven hundred fifty-seven thousand dollars ($719,757,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year.
(h)
(g) (1) For the 2025–26 fiscal year, the sum of three hundred seventy-eight million six hundred fifty thousand dollars ($378,650,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525, to be allocated by the Superintendent to local educational agencies operating in the 2025–26 fiscal year pursuant to the methodology specified in subdivision (b).
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
(h) (1) For the 2026–27 fiscal year, the sum of seven hundred fifty-seven million three hundred thousand dollars ($757,300,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525, to be allocated by the Superintendent to local educational agencies operating in the 2026–27 fiscal year pursuant to the methodology specified in subdivision (b).
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 38.
Section 33050 of the Education Code is amended to read:
33050.
(a) The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:
(1) Chapter 12.5 (commencing with Section 2574) of Part 2 of Division 1 of Title 1.
(2) Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10 of Division 1 of Title 1.
(3) Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1.
(4) Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1.
(5) Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000) of Division 1 of Title 1.
(6) Section 35735.1.
(7) Paragraph (8) of subdivision (a) of Section 37220.
(8) The following provisions of Part 10.5 (commencing with Section 17210) of Division 1 of Title 1:
(A) Chapter 1 (commencing with Section 17210).
(B) Article 1 (commencing with Section 17251) to Article 6 7 (commencing with Section 17365),
17375), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17590, inclusive.
(9) The following provisions of Part 24 (commencing with Section 41000) of Division 3:
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Section 41544.
(D) Sections 41600 to 41863, inclusive.
(E) Sections 41930 to 42850, inclusive.
(10) Sections 44504 and 44505.
(11) Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3.
(12) Part 26 (commencing with Section 46000) of Division 4.
(13) The following provisions of Part 26.8 (commencing with Section 47600) of Division 4:
(A) Subdivision (i) of Section 47632.
(B) Section 47635.
(C) Section 47652.
(D) Article 6 (commencing with Section 47660) of Chapter 6.
(14) Article 1 (commencing with Section 48000) of Chapter 1 of Part 27 of Division 4.
(15) Section 48310.
(16) Section 48359.5.
(17) Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4.
(18) Section 51513.
(19) Section 52163.
(20) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(21) Sections 52165, 52166, and 52178.
(22) Section 56364.1, except that this restriction shall not prohibit the state board from approving any waiver of Section 56364.2, relating to full inclusion.
(23) Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the CAASPP.
(24) Part 38 (commencing with Section 65000) of Division 4.
(b) A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following:
(1) Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2) The exclusive representative’s position regarding the waiver.
(c) A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:
(1) Each joint waiver request shall comply with all of the requirements of this article.
(2) The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.
SEC. 39.
Section 41020 of the Education Code is amended to read:
41020.
(a) It is the intent of the Legislature to encourage sound fiscal management practices among local educational agencies for the most efficient and effective use of public funds for the education of children in California by strengthening fiscal accountability at the school district, county, and state levels.
(b) A local educational agency shall post the local educational agency’s annual financial and compliance audits on its internet website.
(c) (1) (A) On or before May 1 of each fiscal year, each county superintendent of schools the governing board of each school district or educational joint powers authority shall either provide for an audit of all funds under their jurisdiction and control and the governing board of each local educational agency shall either provide for an audit of the books and accounts of the local educational agency,
the control of that school district or educational joint powers authority, including an audit of income and expenditures by source of funds, or shall make arrangements with the county superintendent of schools having jurisdiction over the local educational agency school district or educational joint powers authority to provide for that auditing.
(B) A contract to perform the audit of a local educational agency
school district or educational joint powers authority that has a disapproved budget or has received a negative certification on any budget or interim financial report during the current fiscal year or either of the two preceding fiscal years, or for which the county superintendent of schools has otherwise determined that a lack of going concern exists, is not valid unless approved by the responsible county superintendent of schools and the governing board of the local educational agency. school district or educational joint powers authority.
(2) (A) On or before May 1 of each fiscal year, the governing body of each charter school shall either provide for an audit of all funds under the control of the charter school, including an audit of income and expenditures by source of funds, or shall make arrangements with the chartering authority to provide for that auditing. Except as provided in clause (ii) of subparagraph (B), an independent audit shall be separately conducted and reported for each charter school.
(B) (i) All charter schools shall be audited and subject to the applicable provisions of this section.
(ii) Notwithstanding subparagraph (A), financial data for charter schools that are included in the school district or county office of education audit shall be presented separately in one of the following manners:
(I) As a major fund, when applicable.
(II) As a supplementary balance sheet and statement of revenues, expenditures, and changes in fund balance.
(III) As supplementary combining statements for charter schools that are accounted for in the general fund or when multiple charter schools are included in the charter school fund.
(3) On or before May 1 of each fiscal year, each county superintendent of schools shall either provide for an audit of all funds under their jurisdiction and control, including an audit of income and expenditures by source of funds, or shall make arrangements with the Controller to provide for that auditing.
(d) If the governing board of a local educational agency
school district or educational joint powers authority, the governing body of a charter school, or a county superintendent of schools, pursuant to paragraphs (1) to (3), inclusive, of subdivision (c), has not provided for an audit of the books and accounts of the local educational agency by April 1, the county superintendent of schools having jurisdiction over the local educational agency shall provide for the audit of
the local educational agency. May 1, one of the following shall apply, as applicable, and in sufficient time to ensure compliance with the deadline established in subdivision (k):
(1) For a school district or an educational joint powers authority, the county superintendent of schools having jurisdiction over the school district or educational joint powers authority shall provide for the audit.
(2) For a charter school, the chartering authority having jurisdiction over the charter school shall provide for the audit.
(3) For a county superintendent of schools, the Controller shall provide for the audit.
(e) An audit conducted pursuant to this section shall comply fully with the Government Auditing Standards issued by the Comptroller General of the United States. generally accepted government auditing standards promulgated by the United States Government Accountability Office.
(c) Each audit conducted in accordance with this section shall include all funds of the local educational agency, including the student body and cafeteria funds and accounts and any other funds under the control or jurisdiction of the local educational agency. Each audit shall also include an audit of pupil attendance procedures. Each audit shall include a
(f) Each audit conducted in accordance with this section shall include all of the following:
(1) All funds, books, and accounts of the local educational agency, including the student body and cafeteria funds and accounts and any other funds under the control or jurisdiction of the local educational agency.
(2) An audit of pupil attendance procedures and other applicable compliance items as detailed in the audit guide adopted pursuant to Section 14502.1.
(3) A determination of whether funds were expended pursuant to a local control and accountability plan or an approved annual update to a local control and accountability plan
pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
4 or, for a charter school, Section 47606.5.
(g) All audit reports for each fiscal year shall be developed and reported using a format established by the Controller after consultation with the Superintendent and the Director of Finance.
(h) (1) The cost of the audits
an audit provided for by the a county superintendent of schools
for a school district or educational joint powers authority shall be paid from the county school service fund and the county superintendent of schools shall transfer the pro rata share of the cost chargeable to each school district or educational joint powers authority from school district or educational joint powers authority funds.
(2) The cost of an audit provided for by a chartering authority for a charter school shall be paid by the chartering authority and the chartering authority shall collect the pro rata share of the cost chargeable to each charter school from charter school funds.
(3) The cost of an audit provided for by the Controller for a county superintendent of schools shall be paid by the Controller and the Controller shall collect the pro rata share of the cost chargeable to each county superintendent of schools from the respective county school service fund.
(4) The cost of the
an audit provided for by a governing board or body of a local educational agency shall be paid from local educational agency funds. The audit of the funds under the jurisdiction and control of the a county superintendent of schools shall be paid from the county school service fund.
(i) (1) The audits shall be
made by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by the local educational agency, as applicable, from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local educational agencies, which shall be published by the Controller not later than on or before December 31 of each year.
(2) Commencing with the 2003–04 fiscal year and except as provided in subdivision (d) of Section 41320.1, it is unlawful for a public accounting firm to provide audit services to a local educational agency if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner
responsible for reviewing the audit, has performed audit services for that local educational agency in each of the six previous fiscal years. The Education Audits Appeal Audit Appeals Panel may waive this requirement if the panel finds that no otherwise eligible auditor is available to perform the audit.
(3) It is the intent of the Legislature that, notwithstanding paragraph (2), the rotation within public accounting firms conform to provisions of the federal Sarbanes-Oxley Act of 2002 (Public Law 107-204; 15 (15 U.S.C. Sec. 7201 et seq.), and upon release of the
report required by the act of the Comptroller General of the United States addressing the mandatory rotation of registered public accounting firms, the Legislature intends to reconsider paragraph (2). In determining which certified public accountants and public accountants shall be included in the directory, the Controller shall use the following criteria:
(A) The certified public accountants or public accountants shall be in good standing as certified by the Board of Accountancy.
(B) The certified public accountants or public accountants, as a result of a quality control review conducted by the Controller pursuant to Section 14504.2, shall not have been found to have conducted an audit in a manner constituting noncompliance with subdivision (a) of Section 14503.
(4) (A) (i) Commencing with the 2027–28 fiscal year, and every two years thereafter, in order to be added to, or remain on, the Controller’s directory of certified public accountants and public accountants deemed qualified to conduct audits of local educational agencies, audit engagement partners and certified public accountants or public accountants responsible for local educational agency audits and audit staff who perform audit procedures of local educational agencies shall complete 16 hours of continuing education that, at a minimum, covers both of the following:
(I) Training on the specific requirements included in the most current Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.
(II) Training on compliance topics that include, but are not limited to, pupil attendance, independent study, charter schools, school calendars, instructional minutes, and, if applicable, nonclassroom-based instruction.
(ii) Continuing education hours taken as part of the California Board of Accountancy license renewal requirements may be used to meet the requirements of clause (i) if the continuing education is specific to local educational agencies and includes the training content described in subclauses (I) and (II) of clause (i).
(B) Commencing with the 2027–28 fiscal year, in order to be added to, or remain on, the Controller’s directory of certified public accountants and public accountants deemed qualified to conduct audits of local educational agencies, audit engagement partners, certified public accountant firms, and certified public accountants or public accountants responsible for local educational agency audits shall comply with both of the following:
(i) (I) Have demonstrated experience of two or more years conducting financial and compliance audits for local educational agencies.
(II) Notwithstanding subclause (I), audit engagement partners, certified public accountant firms, and certified public accountants or public accountants may perform a financial and compliance audit for a local educational agency during their first two years of conducting those audits, provided the audit report receives a preissuance review, consistent with applicable professional standards on quality control, performed by an auditor that has demonstrated experience in conducting financial and compliance audits for local educational agencies.
(ii) Have maintained compliance with the California Board of Accountancy requirements to keep applicable licenses in active status and good standing.
(C) The continuing education hours and prior experience required pursuant to this paragraph shall be evidenced by a certification to the Controller from the certified public accountant firm, the certified public accountant or public accountant, or the audit staff that the requirements have been met.
(5) The requirements of this subdivision shall apply to audits of local educational agencies regardless of whether the local educational agency is a governmental agency or a nonprofit organization.
(6) (A) A local educational agency and an auditor that is under contract with the local educational agency shall notify the chartering authority or the county superintendent of schools, as applicable, the Superintendent, and the Controller in the event that the auditor’s contract with the local educational agency is terminated or otherwise denied for renewal. The notification shall include the reason for the termination or denial for renewal and shall be made within 30 calendar days of the effective date of that termination or nonrenewal.
(B) (i) Before accepting a new engagement for a local educational agency, auditors shall request the local educational agency to provide authorization for predecessor auditors to respond fully and without limitation to the successor auditor’s inquiries and request to examine work papers related to subparagraph (C).
(ii) If the local educational agency refuses to authorize predecessor auditors to respond, or limits the response, the auditor shall inquire about the reasons and consider the implications of that refusal or limitation in deciding whether to accept the engagement.
(iii) If the local educational agency provides permission for predecessor auditors to respond fully, the successor auditor shall make the following inquiries of the predecessor auditors:
(I) Their knowledge of information that might bear on the integrity of management of the local educational agency.
(II) Whether there were any disagreements with management of the local educational agency regarding matters of accounting principles, financial reporting, compliance, or audit scope.
(III) Whether there were any communications to management of the local educational agency regarding fraud, illegal acts, noncompliance, or internal control matters.
(IV) The predecessor auditor’s understanding of the reason for the change of auditors.
(V) Any information relevant to the successor auditor’s risk assessments for the period being audited.
(C) The successor auditor may request to inspect work papers as needed to gain full context of any risks identified through inquiry or to perform necessary procedures on beginning balances.
(j) (1) The auditor’s report shall include each of the following:
(A) A statement that the audit was conducted pursuant to standards and procedures developed in accordance with Chapter 3 (commencing with Section 14500) of Part 9 of Division 1 of Title 1.
(B) A summary of audit exceptions and management improvement recommendations.
(C) An evaluation by the auditor on whether there is substantial doubt about the ability of the local educational agency to continue as a going concern for a reasonable period of time. This evaluation shall be based on the Statement on Auditing Standards No. 59, as issued by the American Institute of Certified Public Accountants regarding disclosure requirements relating to the ability of the entity to continue as a going concern.
(2) To the extent possible, a description of correction or plan of correction shall be incorporated in the audit report, describing the specific actions that are planned to be taken, or that have been taken, to correct the problem identified by the auditor. The descriptions of specific actions to be taken or that have been taken shall not solely consist of general comments such as “will implement,” “accepted the recommendation,” or “will discuss at a later date.”
(k) (1) On or before January 31 of each year, a report of each local educational agency audit for the preceding fiscal year shall be filed with specified entities, as follows:
(A) For school districts and educational joint powers authorities, with the county superintendent of schools of the county in which the local educational agency is located, the Superintendent, and the Controller.
(B) For charter schools, with its chartering authority, the Superintendent, the Controller, and the county superintendent of schools of the county in which the charter school is located, unless the county board of education of the county in which the charter school is located is the chartering authority.
(C) For county superintendents of schools, with the Superintendent and the Controller.
(2) The Superintendent shall make any adjustments necessary in future apportionments of all state funds to correct any audit exceptions revealed by those audit reports. reports pursuant to Section 41344.
(3) The extension for the audit report referenced in subdivision (m) of Sections 47605 and 47605.6 for the 2020–21 fiscal year shall instead be filed no later than January 31, 2022.
(i) (1) Commencing with the 2002–03 audit of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall be responsible for reviewing the audit exceptions contained in an audit of a local educational agency under their jurisdiction related to attendance, inventory of equipment, internal control, and any miscellaneous items, and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed.
(2) Commencing with the 2004–05 audit of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall include in the review of audit exceptions performed pursuant to this subdivision those audit exceptions related to use of instructional materials program funds, teacher misassignments pursuant to Section 44258.9, and information reported on the school accountability report card required pursuant to Section 33126, and shall determine whether the exceptions are either corrected or an acceptable plan of correction has been developed.
(j) Upon submission
(l) (1) Pursuant to this section and subdivision (e) of Section 41320.1, upon submission of the final audit report to the governing board of each local educational agency school district or educational joint powers authority and subsequent receipt of the audit by
the county superintendent of schools having jurisdiction over the local educational agency, the county office of education school district or educational joint powers authority, the county superintendent of schools shall do all of the following:
(A) Review audit exceptions related to attendance, inventory of equipment, internal control, teacher misassignments pursuant to Section 44258.9, instructional materials and information reported on the school accountability report card pursuant to Section 33126, and other miscellaneous exceptions. Attendance exceptions or issues shall include, but not be limited to, those related to local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, and independent study.
(B) If a description of the correction or plan of correction has not been provided as part of the audit required by this section, the county superintendent of schools shall
notify the local educational agency
school district or educational joint powers authority and request the governing board of the local educational agency school district or educational joint powers authority to provide to the county superintendent of schools a description of the corrections or plan of correction by March
on or before April 15.
(3)
(C) Review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the county superintendent of schools shall require the local educational agency
school district or educational joint powers authority to resubmit that portion of its response that is inadequate.
(2) Each county superintendent of schools shall certify to the Superintendent and the Controller, not later than May
15, on or before June 15 of each year, that the county superintendent of schools’ staff has reviewed all audits of local educational agencies school districts or educational joint powers authorities under the county superintendent of schools’ jurisdiction for the prior fiscal year, that all exceptions that the county superintendent
of schools was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the local educational agency school district or educational joint powers authority or that an acceptable plan of correction has been submitted to the county superintendent of schools. In addition, the county superintendent of schools shall identify, by local educational agency,
school district or educational joint powers authority any attendance-related audit exception or exceptions involving state funds, and require the local educational agency school district or educational joint powers authority to which the audit exceptions were directed to submit appropriate reporting forms for processing by the Superintendent.
(3) In the audit of a school district or educational joint powers authority for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the school district or educational joint powers authority to determine if the exceptions have been resolved. If an exception has not been resolved, the auditor shall restate the exception in the audit report. After receiving a finding in an audit report, the Superintendent shall either consult with the school district or educational joint powers authority to resolve the exception or require the county superintendent of schools to follow up with the school district or educational joint powers authority.
(m) (1) (A) Each chartering authority shall be responsible for reviewing the audit exceptions contained in an audit of a charter school under its jurisdiction and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed.
(B) If a description of the corrections or plan of correction has not been provided as part of the audit required by this section, the chartering authority shall notify the charter school and request the governing body of the charter school to provide to the chartering authority a description of the correction or plan of correction on or before April 15.
(C) The chartering authority shall review the description of the correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the chartering authority shall require the charter school to resubmit that portion of its response that is inadequate.
(2) (A) Except as provided in subparagraph (B), each chartering authority shall certify to the county superintendent of schools of the county in which the charter school is located, on or before May 15 of each year, that the chartering authority has done all of the following for the prior fiscal year:
(i) Reviewed all audits of charter schools under its jurisdiction.
(ii) Reviewed all exceptions that the charter school was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the charter school or that an acceptable plan of correction has been submitted to the chartering authority.
(iii) Ensured that the charter schools they authorize have corrected or developed a plan of correction for exceptions identified in the audit report.
(iv) Identified any attendance-related audit exception or exceptions involving state funds and required the charter school to submit appropriate reporting forms for processing by the Superintendent.
(B) If the county board of education of the county in which the charter school is located is the chartering authority, the county board of education shall instead certify to the Superintendent, on or before June 15 each year, that the county superintendent of schools has done all of the following for the prior fiscal year:
(i) Reviewed all audits of charter schools under its jurisdiction.
(ii) Reviewed all exceptions that the charter school was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the charter school or that an acceptable plan of correction has been submitted to the chartering authority.
(iii) Ensured that the charter school they authorize have corrected or developed a plan of correction for exceptions identified in the audit report.
(iv) Identified any attendance-related audit exception or exceptions involving state funds and required the charter school to submit appropriate reporting forms for processing by the Superintendent.
(3) (A) In the audit of a local educational agency
charter school for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the local educational agency charter school to determine if the exceptions have been resolved. If an exception has not been resolved, the auditor shall immediately notify the appropriate county office of education and the department and restate the exception in the audit report. After receiving that notification, the department shall either consult with the local educational agency to resolve the exception or require the county superintendent of schools to follow up with the local educational agency.
(B) (i) Except as provided in subparagraph (C), if the exceptions identified in subparagraph (A) have not been corrected, the auditor shall restate the exception in the audit report.
(ii) After receiving a finding in an audit report pursuant to paragraph (1) of subdivision (k), the county superintendent of schools shall either consult with the charter school to resolve the exception or require the chartering authority to follow up with the charter school.
(C) (i) Notwithstanding subparagraph (B), if the exceptions identified in subparagraph (A) have not been corrected and the county board of education of the county in which the charter school is located is the chartering authority, the auditor shall restate the exception in the audit report.
(ii) After receiving an audit report pursuant to paragraph (1) of subdivision (k), the Superintendent shall consult with the charter school to resolve the exception or shall require the county board of education as the chartering authority to follow up with the charter school.
(4) (A) In the audit of a county superintendent of schools for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the county superintendent of schools to determine if the exceptions have been resolved.
(B) If the exceptions identified in subparagraph (A) have not been resolved, the auditor shall restate the exception in the audit report.
(n) (1) The Superintendent shall review the audit exceptions contained in an audit of a county superintendent of schools and shall determine whether the exceptions have been corrected or an acceptable plan of correction has been developed.
(2) After receiving a final audit report of a county superintendent of schools or the county board of education, the Superintendent shall do all of the following:
(A) Review audit exceptions, including attendance exceptions or issues, that shall include, but not be limited to, those related to local control funding formula allocations pursuant to Chapter 12.5 (commencing with Section 2574) of Part 2 of Division 1 of Title 1 and those related to independent study.
(B) Notify the county superintendent of schools and request the county superintendent of schools to provide to the Superintendent a description of the corrections or plan of correction within 60 days, but not later than June 15, after the Superintendent has been notified that a description of the correction or plan of correction has not been provided as part of the audit required by this section.
(C) Review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, require the county superintendent of schools to resubmit that portion of its response that is inadequate.
(o) (1) The Superintendent is responsible for ensuring that local educational agencies have either corrected or developed plans of correction for any one or more of the following:
(A) All federal and state compliance audit exceptions identified in the audit.
(B) Exceptions that the county superintendent of schools certifies as of May
June 15 have not been corrected.
(C) Repeat audit exceptions that are not assigned to a county superintendent of schools to correct.
(2) In addition, the Superintendent is responsible for ensuring that county superintendents of schools and each county board of education that serves as the governing board or body of a local educational agency either correct all audit exceptions identified in the audits of county superintendents of schools and of the local educational agencies for which the county boards of education serve as the governing boards or develop acceptable plans of correction for those exceptions.
(3) The Superintendent shall report annually annually, on or before November 1, to the Controller on the Superintendent’s actions to ensure that school districts, county superintendents of schools, and each county board of education that serves as the governing board of a school district have either corrected or developed plans of correction for any of the exceptions noted pursuant to paragraph (1).
(p) To facilitate correction of the exceptions identified by the audits issued pursuant to this section, the Controller shall require auditors to categorize audit exceptions in each audit report in a manner that will make it clear to both chartering authorities, the county superintendent of schools schools, and the Superintendent which exceptions they are responsible for ensuring the correction of by a local educational agency. In addition, the Controller annually
shall select a sampling of
chartering authorities and
county superintendents of schools, perform a followup of the audit resolution process of those chartering authorities and county superintendents of schools, and report the results of that followup to the Superintendent Superintendent, the chartering authorities, and the county superintendents of schools that were reviewed.
(q) County superintendents of schools shall adjust subsequent local property tax requirements to correct audit exceptions relating to local educational agency tax rates and tax revenues.
(r) If a governing board or body of a local educational agency, chartering authority, or county superintendent of schools fails or is unable to make satisfactory arrangements for the audit pursuant to this section, the Controller shall make arrangements for the audit and the cost of the audit shall be paid from local educational agency funds or the county school service fund, as the case may be.
(s) Audits of regional occupational centers and programs are subject to this section.
(t) This section does not authorize examination of, or reports on, the curriculum used or provided for in any local educational agency.
(u) Notwithstanding any other law, a nonauditing, management, or other consulting service to be provided to a local educational agency by a certified public accounting firm while the certified public accounting firm is performing an audit of the agency pursuant to this section shall be in accord with Government Accounting Standards, Amendment No. 3, as published accordance with the generally accepted government auditing standards promulgated by the United States General Accounting
Government Accountability Office.
(v) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county superintendent of schools, or charter school.
SEC. 40.
Section 41020.2 of the Education Code is amended to read:
41020.2.
(a) (1) If a the governing board of a school district governing board or educational joint powers authority has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the county superintendent of schools
on or before the due date established under Section 41020, the county superintendent of schools may shall investigate the causes for the delay and initiate one of the following actions described in subdivision (c) that will provide the required audited financial statements in the most effective manner: manner.
(2) If the governing body of a charter school has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the chartering authority on or before the due date established under Section 41020, the chartering authority shall investigate the causes for the delay and initiate one of the actions described in subdivision (c) that will provide the required audited financial statements in the most effective manner.
(3) If the county superintendent of schools has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the Superintendent and the Controller on or before the due date established under Section 41020, the Superintendent shall investigate the causes for the delay and initiate one of the actions described in subdivision (c) that will provide the required audited financial statements in the most effective manner.
(b) (1) (A) The county superintendent of schools may, after consultation with the school district governing board
of the school district or educational joint powers authority
and the auditors under contract to the district, school district or educational joint powers authority, and with the consent of the Controller’s office and the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the legal deadline, deadline established under Section 41020, but permits the filing of the report after the deadline. An extension shall be appropriate if the extension adheres to all of the following requirements:
(B) (i) The chartering authority may, after consultation with the governing body of the charter school and the auditors under contract to the charter school, and with the consent of the county superintendent of schools, the Controller’s office, and the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the deadline established under Section 41020, but permits the filing of the report after the deadline.
(ii) If a charter school has an approved audit extension pursuant to this subparagraph, a failure to file an audit on or before the legal deadline shall not be a cause for or contributing justification for charter nonrenewal or revocation. Failure to file an audit with the chartering authority on or before the legal deadline due to the inability of a charter school to contract for an audit due to market conditions of available auditors shall not be a cause for or contributing justification for charter nonrenewal or revocation.
(C) The Controller may, after consultation with the county superintendent of schools and the auditors under contract to the county superintendent of schools for the county office of education or for a charter school where the county board of education of the county in which the charter school is located is the chartering authority, and with the consent of the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the deadline established under Section 41020, but permits the filing of the report after the deadline.
(2) An extension granted pursuant to this subdivision shall be appropriate if the extension adheres to all of the following requirements:
(A) The local educational agency and the auditor have certified that the audit cannot be completed on time due to unforeseen circumstances or complex situations.
(B) An extension shall be the shortest amount of time reasonable given the extenuating circumstances justifying the extension.
(C) Extensions shall be in increments of no longer than 45
30 calendar days.
(D) Extensions shall not exceed a total of 90 calendar days from the due date established pursuant to
Section 41020. be granted past March 31 following the deadline established under Section 41020.
(3) (A) As applicable pursuant to subdivision (a), the county superintendent of schools or the chartering authority may, after consultation with the school district governing board,
governing board or body of a school district, educational joint powers authority, or charter school, the auditors under contract to the school district, educational joint powers authority, or charter school, and the Controller’s office, contract with another qualified certified public accountant or public accountant to obtain the required audited financial statements and charge the cost of the audit to the funds of the district. school district, educational joint powers authority, or charter school. The county superintendent of schools
or the chartering authority, or the Controller shall, to the extent feasible, assist the district school district, educational joint powers authority, or charter school in initiating action to avoid payment to the auditors under contract who did not complete the original audit.
(B) As applicable pursuant to subdivision (a), the Controller may, after consultation with the county superintendent of schools, the auditors under contract to the county superintendent of schools, and the Superintendent, contract with another qualified certified public accountant or public accountant to obtain the required audited financial statements and charge the cost of the audit to the funds of the county superintendent of schools. The Controller shall, to the extent feasible, assist the county superintendent of schools in initiating action to avoid payment to the auditors under contract who did not complete the original audit.
(4) As applicable pursuant to subdivision (a), the county superintendent of schools
schools, the chartering authority, or the Superintendent may request the Controller’s office to investigate the situation and initiate action as provided in subdivision (b). (c).
(c) (1) If the audited financial statements required by Section 41020 have not been filed by a school district or county superintendent of schools
a local educational agency with the Controller’s office on or before the due date established under Section 41020, the Controller’s office shall determine the most advantageous method of obtaining the required audited financial statements. The Controller’s office may may, after consultation with the governing board or body of the local educational agency and the auditor under contract with the local educational agency, do any of the following:
(A) Accept the action of the county superintendent of schools
schools, the chartering authority, or the Superintendent permitted by subdivision (a). (b).
(B) Conduct the audit and prepare the auditor’s report, utilizing using the staff available within that office and charge the cost of the audit to the next
regular apportionment from the State School Fund to the district or county superintendent of schools.
local educational agency.
(C) Contract with any qualified certified public accountant or public accountant, utilizing using the appropriate contracting procedures, for the conduct of the audit and preparation of the audited financial statements and charge the cost of the audit to the next regular apportionment from the State School Fund to the district or county superintendent of schools.
local educational agency.
(D) Consistent with the limits described in paragraph (2) of subdivision (b), grant a reasonable extension of the time for filing the report if, in the judgment of the Controller’s office, this will provide the required audited financial statements within the shortest time period. The extension of the time for filing does not waive the legal deadline,
deadline established under Section 41020, but permits the filing of the report after the deadline.
(2) The Controller’s office shall consult with the district governing board, the county superintendent of schools, and governing board or body of the local educational agency, the auditors under contract to the district or
local educational agency, and the county superintendent of schools or the chartering authority, as applicable, before making the determination of the method to be used in obtaining the audited financial statements. The Controller’s office shall, to the extent feasible, assist the district or county superintendent local educational agency in initiating action to avoid payment to the auditors under contract who did not complete the original audit.
(d) Notwithstanding any extension granted under paragraph (1) of subdivision (a) or paragraph (4) of subdivision (b), subdivision (b) or subparagraph (D) of paragraph (1) of subdivision (c), the Controller’s office may determine at any time after the due date for filing of audit reports established by Section 41020 that the audited financial statements not yet filed with that office are delinquent and that the audit will be performed under paragraph (2) or (3) of subdivision (b). subparagraph (B) or (C) of paragraph (1) of subdivision (c).
(e) If an extension has not been requested or granted and the audited financial statements required by Section 41020 have not been filed by a local educational agency with the Controller’s office on or before the due date established under Section 41020, the local educational agency and the auditors under contract with the local educational agency shall notify the chartering authority, the county superintendent of schools, the Superintendent, and the Controller that the audit filing is delayed, the reasons for the delay, and the estimated filing date. The notification shall be made no later than 15 calendar days from the due date established under Section 41020.
(f) Notwithstanding Section 10231.5 of the Government Code, the Controller shall notify the appropriate policy committees of the Legislature, consistent with Section 9795 of the Government Code, and the Department of Finance if local educational agencies are unable to contract for an audit due to market conditions of available auditors.
(g) Notwithstanding Section 10231.5 of the Government Code, on or before September 30, 2028, and every three years thereafter, the Controller shall, in consultation with the entities listed in Section 14502.1, provide recommendations to the appropriate committees of the Legislature, consistent with Section 9795 of the Government Code, regarding outdated or ineffective audit requirements in statute.
(h) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county superintendent of schools, or charter school.
SEC. 41.
Section 41020.3 of the Education Code is amended to read:
41020.3.
(a) By January 31 of each year, Within 45 days after the issuance of an audit report, the governing board or body of each local educational agency shall review, at a public meeting, the annual audit of the local educational agency for the prior year, any audit exceptions identified in that audit, the recommendations or findings of any management letter issued by the auditor, and any description of correction or plans to correct any exceptions or management letter issue. This review
(b) The review in subdivision (a) shall be placed on the agenda of the meeting pursuant to Section 35145. 35145 or 47604.1, as applicable. The action of the governing board or body of the local educational agency shall be to accept or reject the annual audit report.
(c) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county superintendent of schools, or charter school.
SEC. 42.
Section 41020.5 of the Education Code is amended to read:
41020.5.
(a) (1) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if the Superintendent, a chartering authority, or a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Section 41020 were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as
required by Section 14504, the Controller
Controller, the Superintendent, the chartering authority, or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy.
(2) If the certified public accountant or public accountant does not file an appeal in writing with the California Board of Accountancy within 30 calendar days after receipt of the notification from the Controller
Controller, the Superintendent, the chartering authority, or the county superintendent of schools, the determination of the Controller Controller, the Superintendent, the chartering authority, or the county superintendent of schools pursuant to this section shall be final.
(b) If an appeal is filed with the California Board of Accountancy, the board shall complete an investigation of the appeal within 90 days of the filing date. On the basis of the investigation, the board may do either of the following:
(1) Find that the determination of the Controller Controller, the Superintendent, the chartering authority, or the county superintendent of schools should not be upheld and has no effect.
(2) Schedule the appeal for a hearing, in which case, the final action on the appeal shall be completed by the board within one year from the date of filing the appeal.
(c) If the determination of the Controller
Controller, the Superintendent, the chartering authority, or the county superintendent of schools under subdivision (a) becomes final, the certified public accountant or public accountant shall be ineligible to conduct audits under Section 41020 for a period of three years, or, in the event of an appeal, for any period, and subject to the conditions, that may be ordered by the California Board of Accountancy. Not later than the first day of March of each year, the Controller shall notify each school district district, educational joint powers authority, charter school, and county office of education of those certified public accountants or public accountants determined to
be ineligible under this section. School districts
districts, educational joint powers authorities, charter schools and county offices of education shall not use the audit services of a certified public accountant or public accountant ineligible under this section.
(d) For the purposes of this section, “certified public accountant or public accountant” includes any person or firm entering into a contract to conduct an audit under Section 41020.
(e) This section shall does not preclude the California Board of Accountancy from taking any disciplinary action it deems appropriate under other provisions of law.
laws.
SEC. 43.
Section 41020.6 is added to the Education Code, to read:
41020.6.
(a) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include instructions necessary to require, as part of supplementary information, or other information as deemed applicable under generally accepted auditing standards, schedules of all of the following for local educational agencies, as applicable:
(1) Pupil enrollment and attendance, including total pupil enrollment and attendance for each school month, and, if the local educational agency operates a multitrack year-round calendar, by track, and perform an analytical procedure and identify and disclose unusual increases or decreases in enrollment by month and track, if applicable, that are material and provide an opportunity for the local educational agency to provide an explanation in the note.
(2) The largest 25 aggregate payments or transfers of assets to individuals or organizations determined by value accumulated over the fiscal year.
(3) For school districts and county offices of education, pupil-to-teacher ratios for independent study programs.
(4) Loans with related entities or employees.
(5) For charter schools, governing body members and related entities.
(6) The five highest-paid employees.
(b) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions necessary to require, at a minimum, that all of the following compliance procedures are performed in an audit of a local educational agency, except as otherwise limited:
(1) Compliance: compliance with professional accounting and auditing standards with an emphasis in the audit guide that annual audits of local educational agencies issued in compliance with the standards and requirements of the Governmental Accounting Standards Board (GASB) or Financial Accounting Standards Board (FASB), as applicable, shall be conducted in accordance with generally accepted auditing standards (GAAS) and generally accepted government auditing standards.
(2) (A) Sample selection: where representative samples of pupils, pupil work product, financial transactions, or other sampling are required to be performed and selected, the auditor shall independently identify the sample and make that selection in a manner that cannot be predicted, in accordance with professional standards.
(B) Auditor transaction sampling shall include a sample size appropriate for the type of local educational agency pursuant to the test of compliance sample table in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.
(C) Sampling of pupil enrollment, attendance, and instructional minutes shall be representative of and inclusive of all the local education agencies’ tracks and grade spans as applicable and in consideration of materiality levels established in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.
(D) For an audit of a locally funded charter school that is governed by a school district or county office of education and that is included in the school district’s or county office of education’s audit, the auditor shall ensure that all samples completed are representative of each of the local educational agencies included in the audit.
(E) Audits shall ensure that samples from all payment sources are selected and shall verify that those payments are legal and have proper authorization. The sampling shall include, but is not limited to, payments made through a variety of sources such as credit cards, debit cards, and other electronic payment methods and media, and bank statements.
(3) Charter schools that are locally funded and governed by a school district or county office of education shall report charter school financial data separately from the general fund of the school district or county office of education. If the school district or county office of education audit includes more than one charter school, or if the charter school fund is not a major fund, the local educational agency shall also present financial data separately for each individual charter school in the supplemental section or footnotes of the audit report.
(4) Using appropriate sampling techniques, verify pupil enrollment for independent study programs at local educational agencies and verify that a pupil’s residence meets applicable residency requirements based on documentation provided by the parent or guardian of the pupil, emancipated pupil, or other custodian of the pupil, or, in the case of a pupil over 18 years of age, by the pupil.
(5) (A) Chartering authority input for audits of a charter school: require auditors to consult with and inquire of the chartering authority during planning stages of the audit of a charter school authorized by the chartering authority to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the charter school may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit.
(B) County office of education input for audits of a school district or educational joint powers authority: require auditors to consult with and inquire of the county office of education during planning stages of the audit of a school district or educational joint powers authority to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the school district or educational joint powers authority may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit.
(C) Department input for audits of a county office of education: require auditors to consult with and inquire of the department during planning stages of the audit of a county office of education to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the county office of education may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit.
(6) (A) Related entity for audits of a charter school: determining if a related entity, such as a charter management organization, education management organization, or similar third party with financial, economic, or controlling membership interest, exists with the charter school, as defined by generally accepted accounting principles. A charter school that files a federal tax return shall include all related entities identified on the federal tax return in the disclosure required by this paragraph.
(B) If a relationship is determined to exist pursuant to subparagraph (A), evaluate the level of the relationship to determine if it is material. For purposes of materiality, determine if the related party has a material financial, economic, or controlling interest in the charter school or can exercise material control, such as common management or board, majority voting interest, or sole corporate or statutory member or other arrangement.
(7) (A) Verification: For a charter school, verify if more than 20 percent of the charter school’s total average daily attendance was generated through independent study, pursuant to Section 47634.2.
(B) Verify the pupil-to-teacher ratio calculation. For independent study programs at school districts, county offices of education, and charter schools, verify the pupil-to-teacher ratios and calculations required pursuant to Section 51745.6.
(8) Identify any transfers of funds or assets to other individuals or organizations that exceed one million dollars ($1,000,000) or 10 percent of the local educational agency’s total revenue and other sources, whichever is less, together with a written explanation from the local educational agency regarding the local educational agency’s purpose for each of those transfers of funds or assets.
(9) Charter School Oversight: Ensure the chartering authority has documentation of completing the oversight tasks in Section 47604.32 and teacher assignment monitoring pursuant to Section 44258.9.
(10) (A) For schools that offer grades 10, 11, or 12, inclusive, at local educational agencies, perform an analytical procedure and identify unusual enrollment patterns between consecutive grade levels and pupils that change grade levels during the school year for that school and report as a note that shall not include personally identifiable information for any pupil.
(B) Identify if a pupil advanced to grade 12 without completing a California Assessment of Student Performance and Progress assessment in English language arts/literacy and mathematics using pupil cohort data and assessment data and report the number of such pupils as a note. Report the total number of pupils disenrolled from the school after census day, in a note. A local educational agency shall provide the auditor necessary assessment data from the Test Operations Management System or subsequent successor system.
(11) Verify documentation of pupil work products, pursuant to clause (iii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 51747.5.
(c) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include a library of sample letters and schedules applicable to the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting requirements for both school districts and charter schools as a means of guidance to auditors.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or educational joint powers authority.
SEC. 44.
Section 41020.8 of the Education Code is repealed.
Notwithstanding any other provision of law, the auditor conducting the annual audit pursuant to Section 41020 shall, upon request, provide the county superintendent or the Superintendent of Public Instruction with fiscal information on a school district within his or her jurisdiction if the county superintendent of schools determines, pursuant to Section 42127.6, that a school district may not be able to meet its obligations of the current or subsequent fiscal year. Information provided by an auditor to a county superintendent or the Superintendent of Public Instruction pursuant to this section shall be submitted simultaneously to the named district and shall not constitute a violation of auditor-client confidentiality.
SEC. 45.
Section 41020.8 is added to the Education Code, to read:
41020.8.
(a) Notwithstanding any other law, the auditor conducting an annual audit pursuant to Section 41020 shall, upon request, provide pertinent financial and compliance information related to the circumstances listed in subdivision (b) to specified entities as follows:
(1) To the county superintendent of schools for a school district or educational joint powers authority within the county superintendent of schools’ jurisdiction.
(2) To the chartering authority of a charter school or to the county superintendent of schools for a charter school if the county superintendent of schools is not the chartering authority.
(3) To the Superintendent and the Controller for any local educational agency.
(b) The circumstances described in subdivision (a) include all of the following:
(1) The local educational agency has a financial audit finding, an audit finding for a material weakness or significant deficiency in internal controls, or a material noncompliance finding, including an apportionment significant audit exception.
(2) The audit of a local educational agency contains an audit opinion other than unmodified.
(3) The audit has included a statement that there is substantial doubt about the local educational agency’s ability to continue as a going concern for a reasonable period of time.
(4) A determination has been made that a school district or educational joint powers authority may not be able to meet its obligations of the current or subsequent fiscal year pursuant to Section 42127.6.
(5) There is evidence that a school district is showing fiscal distress under the standards and criteria adopted in Section 33127 pursuant to paragraph (1) of subdivision (a) of Section 42127.6.
(6) A school district has a negative unrestricted fund balance or negative cash balance pursuant to Section 42127.5.
(7) A school district has received an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or Article 2.5 (commencing with Section 41325) of Chapter 3 of Part 24 of Division 3 of Title 2.
(8) The budget of a school district, educational joint powers authority, or county superintendent of schools is disapproved or a school district or county superintendent of schools has received a negative certification on any budget or interim financial report, as defined in Sections 1240, 1622, 42127, and 42131, during the current or preceding fiscal year.
(c) Information provided by an auditor to a chartering authority, a county superintendent of schools, the Controller, or the Superintendent pursuant to this section shall be submitted simultaneously to the named school district, educational joint powers authority, charter school, or county superintendent of schools, as applicable, and shall not constitute a violation of auditor-client confidentiality.
SEC. 46.
Section 41203.1 of the Education Code is amended to read:
41203.1.
(a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989–90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution.
(b) If the single calculation made pursuant to Section 41203 yields a guaranteed amount of funding that is less than the sum of the amounts calculated pursuant to subdivision (a), the amount calculated pursuant to Section 41203 shall be prorated for the three segments of public education.
(c) Notwithstanding any other law, this section does not apply to the 1992–93 to the 2025–26
2026–27
fiscal years, inclusive.
SEC. 47.
Section 41206.04 of the Education Code is amended to read:
41206.04.
(a) (1) The Legislature finds and declares all of the following:
(A) The calculation of the state’s minimum funding obligation pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution must be based upon actual tax revenue data when it is available.
(B) Due to winter storms in early 2023, the United States Internal Revenue Service extended the tax filing deadlines for the 2022 tax year to November 16, 2023, for over 99 percent of California taxpayers. The Franchise Tax Board conformed to this action and extended the state income and corporate tax filing deadlines to November 16, 2023. Because of these extensions, the Legislature did not have actual 2022 tax revenue data at the time the Budget Act of 2023 (Chs. 12, 38, and 189, Stats. 2023) was enacted upon which to determine the accurate state minimum funding obligation for the 2022–23 fiscal year.
(C) Due to the lack of actual tax revenue data, the minimum funding obligation for the 2022–23 fiscal year funded in the Budget Act of 2023 was in total six billion one hundred ninety-two million nine hundred twenty-nine thousand dollars ($6,192,929,000) over the minimum funding obligation computed with actual tax revenue data.
(2) It is the intent of the Legislature to do all of the following:
(A) Provide a methodology in this section to account for the costs identified in subparagraph (C) of paragraph (1).
(B) Reflect the minimum funding obligation to school districts and community colleges pursuant to Section 8 of Article XVI of the California Constitution in the 2023–24 fiscal year.
(C) Provide a methodology to keep future fiscal years open for the purpose of computing the minimum funding obligation in any fiscal year in which a significant proportion of actual tax revenue data is not available before May 1 due to extraordinary personal and corporate tax filing extensions, without reducing school funding already allocated in an impacted fiscal year.
(b) (1) For purposes of Section 41206.03, five billion four hundred twenty-two million one hundred forty-three thousand dollars ($5,422,143,000) allocated in the 2022–23 fiscal year to support school district and charter school local control funding formula apportionments pursuant to Sections 42238.02 and 42238.03 and the associated warrants issued pursuant to Section 14041 shall be considered excess moneys credited to the 2022–23 fiscal year only for the purposes of determining the state’s minimum funding obligation to school districts and community college districts in the 2022–23 and 2023–24 fiscal years pursuant to Section 8 of Article XVI of the California Constitution.
(2) For purposes of Section 41206.03, seven hundred seventy million seven hundred eighty-six thousand dollars ($770,786,000) allocated in the 2022–23 fiscal year to support community college student centered funding formula apportionments pursuant to Section 84750.4 and the associated warrants issued pursuant to Section 84320 shall be considered excess moneys credited to the 2022–23 fiscal year only for the purposes of determining the state’s minimum funding obligation to school districts and community college districts in the 2022–23 and 2023–24 fiscal years pursuant to Section 8 of Article XVI of the California Constitution.
(c) (1) (A) (i) In the 2027–28 2028–29 fiscal year, and annually for 11 fiscal years thereafter through the 2038–39 2039–40 fiscal year, four hundred thirty-seven million seven hundred sixty-nine thousand dollars ($437,769,000) of the amount described in paragraph (1) of subdivision (b) shall be recognized for budgetary and financial reporting purposes, pursuant to Section 12460 of the Government Code, as an allocation from the General Fund to the Superintendent for local
control funding formula entitlements attributable to the 2022–23 fiscal year pursuant to Sections 42238.02 and 42238.03, and the associated warrants issued pursuant to Section 14041, in the 2022–23 fiscal year.
(ii) In the 2039–40
2040–41 fiscal year, one hundred sixty-eight million nine hundred fifteen thousand dollars ($168,915,000) of the amount described in paragraph (1) of subdivision (b) shall be recognized for budgetary and financial reporting purposes, pursuant to Section 12460 of the Government Code, as an allocation from the General Fund to the Superintendent for local control funding formula entitlements attributable to the 2022–23 fiscal year pursuant to Sections 42238.02 and 42238.03, and the associated warrants issued pursuant to Section 14041, in the 2022–23 fiscal year.
(B) (i) In the 2027–28 2028–29 fiscal year, and annually for 11 fiscal years thereafter through the 2038–39
2039–40 fiscal year, sixty-two million two hundred thirty-one thousand dollars ($62,231,000) of the amount described in paragraph (2) of subdivision (b) shall be recognized for budgetary and financial reporting purposes, pursuant to Section 12460 of the Government Code, as an allocation from the General Fund to the Board of Governors of the California Community Colleges to support student centered funding formula entitlements attributable to the 2022–23 fiscal year pursuant to Section 84750.4, and the associated warrants issued pursuant to Section 84320, in the 2022–23 fiscal year.
(ii) In the 2039–40 2040–41 fiscal year, twenty-four million fourteen thousand dollars ($24,014,000) of the amount described in
paragraph (2) of subdivision (b) shall be recognized for budgetary and financial reporting purposes, pursuant to Section 12460 of the Government Code, as an allocation from the General Fund to the Board of Governors of the California Community Colleges to support student centered funding formula entitlements attributable to the 2022–23 fiscal year pursuant to Section 84750.4, and the associated warrants issued pursuant to Section 84320, in the 2022–23 fiscal year.
(2) Paragraph (1) requires only that the specified portions of the allocations made in the 2022–23 fiscal year be recognized for budgetary and financial reporting purposes in the specified fiscal years, and nothing in paragraph (1) shall be interpreted to make new appropriations of those amounts described in paragraph (1) in the specified fiscal years.
(3) The recognition of the amounts described in paragraph (1) for budgetary and financial reporting purposes shall not be credited as General Fund revenues appropriated to school districts and community colleges to meet the state’s minimum funding obligation to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution in the fiscal year in which the recognition occurs and shall not be included in the total allocations to school districts and community college districts from General Fund proceeds of taxes pursuant to Article XIIIB of the California Constitution in the fiscal year in which the recognition occurs.
(d) (1) Commencing with the 2024–25 fiscal year and each fiscal year thereafter, this subdivision applies to any fiscal year in which California personal and corporate income tax filing deadlines are extended to conform with filing extensions announced by the United States Internal Revenue Service, which result in the delay of personal and corporate tax revenue collection until after May 1 in counties that in total contributed more than 50 percent of the state’s total personal and corporate tax revenue in the fiscal year immediately preceding the fiscal year impacted by the tax filing extension.
(2) For any impacted fiscal year for which this subdivision applies pursuant to paragraph (1), the Director of Finance shall, for purposes of Sections 41206.01 and 41206.03, consider the applicable fiscal year to be open until actual tax revenue data is available but no later than January 10 of the subsequent fiscal year. Upon actual tax revenue data being available or the January 10 deadline having passed, whichever occurs first, the Director of Finance shall subtract the total appropriations made to meet the state’s estimated minimum funding obligation for the support of school districts and community college districts pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution in the impacted fiscal year from the minimum funding obligation for the support of school districts and community college districts pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution calculated with actual tax revenue data for the impacted fiscal year.
(3) If the difference calculated pursuant to paragraph (2) is negative, meaning the total appropriations made to meet the estimated minimum funding obligation for the support of school districts and community college districts in the impacted fiscal year exceeded the minimum funding obligation to school districts and community college districts calculated with actual tax revenue data for the impacted fiscal year, all of the following apply:
(A) The difference shall not be considered General Fund revenues appropriated to school districts and community colleges to meet the state’s minimum funding obligation pursuant to Section 8 of Article XVI of the California Constitution in the impacted fiscal year in which the allocations were made.
(B) The difference shall not be included in the total allocations to school districts and community college districts from General Fund proceeds of taxes pursuant to Article XIIIB of the California Constitution made in the impacted fiscal year in which the allocation is made for purposes of calculating the state’s minimum funding obligation pursuant to Section 8 of Article XVI of the California Constitution in the subsequent fiscal year.
(C) The difference shall not be considered excess moneys credited to the fiscal year certified pursuant to subdivision (b) of Section 41206.03.
(4) Of the amount calculated pursuant to paragraph (2), the Department of Finance shall determine the respective amounts that are not to be considered General Fund appropriations to school districts and community colleges to meet the state’s minimum funding obligation pursuant to Section 8 of Article XVI of the California Constitution and that shall be attributable to (A) local control funding formula entitlements pursuant to Sections 42238.02 and 42238.03 and the associated warrants issued pursuant to Section 14041 for the impacted fiscal year and (B) student centered funding formula entitlements pursuant to Section 84750.4 and the associated warrants issued pursuant to Section 84320 for the impacted fiscal year.
(5) (A) If the amount calculated pursuant to paragraph (2) is negative, in the third fiscal year following the impacted fiscal year, and annually for nine fiscal years immediately thereafter, 10 equal shares of the amounts calculated by the Department of Finance pursuant to paragraph (4) shall be recognized for budgetary and financial reporting purposes, pursuant to Section 12460 of the Government Code, as an allocation from the General Fund to both of the following:
(i) The Superintendent, to support local control funding formula entitlements pursuant to Sections 42238.02 and 42238.03, and the associated warrants issued pursuant to Section 14041, for the applicable fiscal year, in an amount equal to 89.07 percent of the total calculated pursuant to paragraph (2).
(ii) The Board of Governors of the California Community Colleges, to support student centered funding formula entitlements pursuant to Section 84750.4, and the associated warrants issued pursuant to Section 84320, for the applicable fiscal year, in an amount equal to 10.93 percent of the total calculated pursuant to paragraph (2).
(B) Subparagraph (A) requires only that the specified portions of the allocations made in the impacted fiscal year be recognized for budgetary and financial reporting purposes in the specified fiscal years, and nothing in subparagraph (A) shall be interpreted to make new appropriations of the amounts described in subparagraph (A) in the specified fiscal years.
(6) The recognition of the amounts described in paragraph (5) for budgetary and financial reporting purposes shall not be considered General Fund revenues appropriated to school districts and community colleges to meet the state’s minimum funding obligation to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution in the fiscal year in which the recognition occurs and shall not be included in the total allocations to school districts and community college districts from General Fund proceeds of taxes pursuant to Article XIIIB of the California Constitution in the fiscal year in which the recognition occurs.
SEC. 48.
Section 41341 of the Education Code is amended to read:
41341.
(a) (1) If, during any fiscal year, the amount apportioned to a school district district, educational joint powers authority, county office of education, charter school, or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district
district, educational joint powers authority, county office of education, charter school, or fund was entitled by an amount equal to the local control funding formula allocation pursuant to Section 2574 or 42238.02, as implemented pursuant to Section 42238.03, for one unit of average daily attendance, the Superintendent, in accordance with regulations that the Superintendent is hereby authorized to adopt, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, shall withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be. Notwithstanding any other provision of this code to the contrary, excesses withheld or deficiencies added by the
Superintendent pursuant this subdivision shall be added to or allowed from any portion of the State School Fund.
(2) Notwithstanding paragraph (1), excesses may be withheld or deficiencies added to apportionments on account of audit exceptions reported in an audit or review, as described in subdivision (e) of Section 41344, or audit or review conducted by a certified public accountant or public accounting firm designated by a governmental agency that provided the local educational agency the opportunity to provide a written response.
(3) If, during any fiscal year, a school district, educational joint powers authority, county office of education, or charter school determines that the amount apportioned to the school district, educational joint powers authority, county office of education, charter school, or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district, educational joint powers authority, county office of education, charter school, or fund was entitled by an amount equal to the local control funding formula allocation pursuant to Section 2574 or 42238.02, as implemented pursuant to Section 42238.03, for one or more units of average daily attendance, the school district, educational joint powers authority, county office of education, or charter school shall report the corrected amount to the Superintendent.
(b) If, during any fiscal year, the amount apportioned to a community college district or to any fund from Section B of the State School Fund differs either positively or negatively from the amount to which the community college district or fund was entitled, by an amount equal to the funding of one full-time equivalent student, the Chancellor of the California Community Colleges, in accordance with regulations that the chancellor is hereby authorized to adopt, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, shall withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be. Notwithstanding any other provision of this code to the contrary, excesses withheld or deficiencies added by the Chancellor of the California Community Colleges under this subdivision shall be added to or allowed from any portion of the State School Fund.
SEC. 49.
Section 41344.4 of the Education Code is amended to read:
41344.4.
Notwithstanding any other provision of law, a local educational agency is shall not be required to repay an apportionment based on a significant audit exception related to the requirements specified in paragraphs (1), (2), and (3)
subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (b) of Section 14501 if the county superintendent of schools certifies to the Superintendent of Public Instruction and the Controller that the audit exception was corrected by the local educational agency or that an acceptable plan of correction was submitted to the county superintendent of schools pursuant to subdivision (k) paragraph (2) of subdivision (l) of Section 41020. With respect to textbooks and instructional materials, the plan shall be consistent with the requirements of subparagraph (A) of paragraph (2) of subdivision (a) of
Section 60119.
SEC. 50.
Section 41404.5 of the Education Code is amended to read:
41404.5.
(a) A school district with an average daily attendance of more than 400,000 as of the 2016–17 second principal apportionment shall be exempt from any reduction in state support pursuant to Section 41404 for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive. A school district subject to this exemption shall submit the following to the Superintendent, the Department of Finance, and the budget committees of both houses of the Legislature:
(1) By September 1, 2019, a report containing the administrator-to-teacher ratio calculated pursuant to this article for the 2011–12 fiscal year to the 2019–20 fiscal year, inclusive, a description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils, and a plan setting out goals for meeting the ratio by the 2023–24 fiscal year.
(2) By each September 1 from 2020 to 2022, inclusive, a report detailing the administrator-to-teacher ratio calculated pursuant to this article for the prior fiscal year and the progress towards meeting the goals set out in the report provided pursuant to subdivision (a). paragraph (1).
(b) The Los Angeles Unified School District shall submit the following to the Superintendent, the Department of Finance, and the budget committees of both houses of the Legislature:
(1) By September 1, 2023, a report containing the ratio of administrative employees to teachers calculated pursuant to this article for the 2011–12 fiscal year to the 2022–23 fiscal year, inclusive, a description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils and the number of teachers and administrators above the required ratio, and a plan setting out goals for meeting the ratio by the 2025–26 fiscal year.
(2) By each September 1 from 2024 to 2025, inclusive, a report detailing the ratio of administrative employees to teachers calculated pursuant to this article, including the number of teachers and administrators above the required ratio, for the prior fiscal year and the progress towards meeting the goals set out in the report provided pursuant to paragraph (1).
(c) (1) The Paradise Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 for the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive.
(2) (A) The Paradise Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 for the 2024–25 fiscal year to the 2026–27 fiscal year, inclusive. The Paradise Unified School District shall, by September 1, 2026, submit to the Superintendent, the Department of Finance, and the appropriate budget and policy committees of both houses of the Legislature, a report containing all of the following:
(i) The administrator-to-teacher ratio calculated pursuant to this article for the 2024–25 fiscal year to the 2026–27 fiscal year, inclusive, including the number of teachers and administrators above the required ratio for the prior fiscal year.
(ii) A description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils.
(iii) A plan setting out goals for meeting the ratio by the 2026–27 fiscal year.
(iv) The progress towards meeting the ratio by the 2026–27 fiscal year.
(B) The report required pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(d) The Plumas Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 from the 2023–24 fiscal year to the 2026–27 fiscal year, inclusive.
SEC. 51.
Section 41585 of the Education Code is amended to read:
41585.
(a) Contingent upon an appropriation by the Legislature in the annual Budget Act or another statute, the department, in consultation with the office of the Chancellor of the California Community Colleges, shall, beginning on or before January 1, 2023, administer a competitive grant program to do all of the following:
(1) Enable more local educational agencies to establish either middle college or early college high schools or programs that provide pupils with access to obtain college credits while enrolled in high school.
(2) Provide incentives for local educational agencies to establish dual enrollment course opportunities that are consistent with the requirements of Section 76004.
(3) Enable local educational agencies with existing middle college or early college high schools or programs or College and Career Access Pathways partnerships established pursuant to Section 76004 to couple robust pupil advising and success supports with dual enrollment opportunities and establish outreach campaigns to promote dual enrollment for new or existing middle college or early college high schools or programs or College and Career Access Pathways partnerships established pursuant to Section 76004. For local educational agencies with College and Career Access Pathways partnerships, outreach shall be focused toward families and pupils who may not be college bound or who are underrepresented in higher education.
(b) (1) Of the funds appropriated in support of this grant program, the Superintendent shall provide approved applicants with either or both of the following, as applicable:
(A) A one-time grant of up to two hundred fifty thousand dollars ($250,000) to support the costs to plan for,
for and start up, a up a, or a one-time grant of up to one hundred thousand dollars ($100,000) to expand an existing, middle college or early college high school or program that is located on the campus of a local educational agency, a partnering community college, or other location determined by the local partnership, and that is consistent with the specifications of Chapter 14 (commencing with Section 11300) of Part 7 of Division 1 of Title 1.
(B) A one-time grant of up to one hundred thousand dollars ($100,000) to establish a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004 and to enable pupils at the participating high school to access dual enrollment opportunities pursuant to the College and Career Access Pathways partnership agreement.
(2) Nothing shall preclude a local educational agency from using any unexpended funds received for the purposes of subparagraph (A) or (B) of paragraph (1) from using those funds to collaborate with their partner community college to access pupil advising and success support services offered by the partner community college district.
(3) Nothing shall preclude a local educational agency from using any unexpended funds received for the purposes of subparagraph (A) or (B) of paragraph (1) to support the professional development of educators to meet minimum standards to teach dual enrollment courses.
(4) A local educational agency may request grants from either or both of the opportunities specified in subparagraphs (A) and (B) of paragraph (1).
(1) Up to 50 percent shall be available for the purposes of subparagraph (A) of paragraph (1) of subdivision (b).
(2) Up to 50 percent shall be available for the purposes of subparagraph (B) of paragraph (1) of subdivision (b).
(d)
(5) As a condition of funding pursuant to this section, a local educational agency receiving a grant shall develop a plan for continued financial and administrative support of dual enrollment opportunities at schoolsites with coursework supported by the grant for a period of no less than three years after the end of the grant period, and provide to the department a written commitment to do so.
(c) (1) A local educational agency seeking a grant under this section shall submit an application to the Superintendent at a time, in a manner, and with any appropriate information, as the Superintendent may reasonably require, including, but not limited to, evidence of an existing or planned partnership with an institution of higher education for the creation of the dual enrollment program.
(2) The Superintendent shall give priority to available grant funds to support applications from local educational agencies that display any of the following characteristics:
(A) Fifty percent or more of the enrolled pupils at the local educational agency are The local educational agency has a higher than state average rate of unduplicated pupils, as defined in Section 42238.02.
(B) The local educational agency has a higher than state average dropout rate.
(C) The local educational agency has a higher than state average rate of suspension and a higher than state average rate of expulsion.
(D) The local educational agency has higher than state average rates of child homelessness, foster youth, or justice-involved youth.
(E) The local educational agency has a lower than state average rate of pupils completing all of the A–G courses required to be eligible for admission to the University of California or the California State University.
(F) The local educational agency does not have a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004.
(G) The local educational agency has not received previous dual enrollment funding pursuant to this section.
(3) The Superintendent shall allocate an additional grant of fifty thousand dollars ($50,000) to a local educational agency that uses grant funds received for purposes of paragraph (1) of subdivision (b) to expand dual enrollment opportunities directly to justice-involved youth in county-operated facilities.
(4) To ensure funds appropriated for the 2022–23 fiscal year are disbursed in a timely manner, the Superintendent shall begin disbursing funds for approved applicants on or before December 1, 2023.
(5) To ensure funds appropriated for the 2026–27 fiscal year are disbursed in a timely manner, the Superintendent shall begin disbursing funds for approved applicants on or before January 1, 2027.
(d) (1) It is the intent of the Legislature that courses Courses
offered to high school pupils in dual enrollment programs pursuant to this section are shall be part of structured, well-sequenced pathways and count toward postsecondary certificate or degree requirements, and are counted toward high school graduation requirements in equivalent subject areas.
(2) It is the intent of the Legislature that courses offered to high school pupils pursuant to a College and Career Access Pathways partnership agreement established by Section 76004 are part of structured, well-sequenced pathways and consist of transfer-level courses, unless one of the following occurs:
(A) The pupil elects to participate in a degree or certificate pathway that is not met with transfer-level courses.
(B) The pupil, in mathematics, English, or both, in grade 10 or 11, would warrant access to innovative remediation coursework, as determined by the partnering school district, county office of education, or charter school.
local educational agency. The pupil may be placed into an innovative remediation course during their first year of participating in the College and Career Access Pathways partnership agreement as an intervention taken to ensure the pupil is on track to satisfactorily complete state and any local graduation requirements, as determined by the school district, county office of education, or charter school, local educational agency, and is prepared for transfer-level coursework at a community college upon graduation.
(e) On or before June 30, 2024, and on or before June 30, 2027, and on or before June 30, 2030, the department shall prepare a summary of how the funds in this section were disbursed and used to further the goals listed in subdivision (a), and shall submit the summary to the Department of Finance, the Joint Legislative Budget Committee, the Senate Committee on Education, the Assembly Committee on Higher Education, and the Assembly Committee on Education. The summary shall include all of the following information:
(1) The number of grants awarded, disaggregated by local educational agency.
(2) A qualitative description of how the funding was used by local educational agencies to accomplish the goals listed in subdivision (a).
(3) The total number of high school pupils by schoolsite enrolled in dual enrollment programs disaggregated by participation in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs.
(4) The total number of community college courses by course category taken by pupils participating in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs.
(5) The total number of successful course completions by course category disaggregated by participation in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs.
(6) Course and program outcomes for pupils who were enrolled in dual enrollment programs, disaggregated by grade level, gender, socioeconomic status, race and ethnicity, and other disproportionately impacted groups.
(f) It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data and outcome reporting on dual enrollment programs shall be linked through, and conducted in accordance with, the privacy requirements of the California Cradle-to-Career Data System.
(g) For purposes of this article, “local educational agency” means a school district, charter school, or county office of education. education, or regional occupational center or program.
SEC. 52.
Section 42238.022 of the Education Code is amended to read:
42238.022.
(a) Notwithstanding any other law, for the 2021–22 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and subdivision (b) of Section 42287 shall be 2.7 percent and shall be calculated by first assuming the adjustment referenced in Section 42238.021 is 2.31 percent instead of zero.
(b) (1) For the 2026–27 fiscal year, the department shall increase the rates provided in paragraphs (1), (2), and (3) of subdivision (a) of Section 2574, base grant rates provided in subparagraph (A) of paragraph (1) of subdivision (c) of Section 2574, and base grant rates provided in subdivision (d) of Section 42238.02 by 1.44 percent. These adjustments shall be calculated by multiplying the corresponding rates for the 2025–26 fiscal year, as determined by paragraph (4) of subdivision (a) of Section 2574, subparagraphs (A) and (B) of paragraph (1) of subdivision (c) of Section 2574, and paragraph (2) of subdivision (d) of Section 42238.02, as applicable, by 1.44 percent.
(2) Notwithstanding subdivision (a) of Section 2575.4, for the 2026–27 fiscal year, the rate change provided pursuant to that subdivision shall reflect the adjustments made pursuant to paragraph (1).
(3) Notwithstanding any other law, for purposes of calculating subsequent fiscal year funding rates, the adjustments made pursuant to this subdivision shall be included in their respective prior year funding rates commencing with the 2027–28 fiscal year.
(4) Local educational agencies incurring costs related to providing employees with up to 14 weeks of paid pregnancy disability leave pursuant to Sections 44965 and 45193 shall use the funds calculated pursuant to this subdivision to reimburse those costs.
SEC. 53.
Section 42252.1 of the Education Code is repealed.
(a) Pursuant to Sections 21 and 22 of Article XVI of the California Constitution, for the 2025–26 fiscal year, four hundred five million two hundred ninety-one thousand dollars ($405,291,000) is hereby appropriated from the Public School System Stabilization Account to the Superintendent for allocation for the local control funding formula pursuant to Sections 42238.02 and 42238.03.
(b) The Controller shall transfer the amounts appropriated pursuant to subdivision (a) to Section A of the State School Fund for those purposes.
SEC. 54.
Section 42282 of the Education Code is amended to read:
42282.
Commencing with the 2022–23 2026–27 fiscal year, for each school district, on account of each necessary small school, as defined in Section 42283, the Superintendent shall make the following computations:
(a) For each necessary small school that has an average daily attendance during the fiscal year of less than 25, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the Superintendent shall compute for the school district two hundred thirty-two thousand seven hundred dollars ($232,700).
three hundred thirty-two thousand nine hundred forty-eight dollars ($332,948).
(b) For each necessary small school that has an average daily attendance during the fiscal year of 25 or more and less than 49, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district four hundred sixty thousand five hundred dollars ($460,500). six hundred fifty-eight thousand eight hundred eighty-six dollars ($658,886).
(c) For each necessary small school that has an average
daily attendance during the fiscal year of 49 or more, but less than 73, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district six hundred eighty-eight thousand five hundred dollars ($688,500). nine hundred eighty-five thousand one hundred eleven dollars ($985,111).
(d) For each necessary small school that has an average daily attendance during the fiscal year of 73 or more and less than 97, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools
were maintained, the Superintendent shall compute for the school district nine hundred sixteen thousand three hundred dollars ($916,300).
one million three hundred eleven thousand forty-seven dollars ($1,311,047).
SEC. 55.
Section 42284 of the Education Code is amended to read:
42284.
(a) Commencing with the 2022–23 2026–27 fiscal year, for each school district with fewer than 2,501 units of average daily attendance, on account of each necessary small high school, the Superintendent shall make one of the following computations selected with regard only to the number of certificated employees employed or average daily attendance, whichever provides the lesser amount:
| Minimum number | Amount to be |
1–19 | 1 | $280,582 |
1–19 | 2 | $400,039 |
1–19 | 3 | $888,617 |
20–38 | 4 | $1,088,635 |
39–57 | 5 | $1,288,656 |
58–71 | 6 | $1,488,674 |
72–86 | 7 | $1,688,695 |
87–100 | 8 | $1,888,714 |
101–114 | 9 | $2,088,734 |
115–129 | 10 | $2,288,753 |
130–143 | 11 | $2,488,774 |
144–171 | 12 | $2,688,794 |
172–210 | 13 | $3,219,450 |
211–248 | 14 | $3,800,714 |
249–286 | 15 | $4,381,988 |
(b) For purposes of this section, a “certificated employee” means an equivalent full-time position of an individual holding a credential authorizing service and providing service in any of grades 9 to 12, inclusive, in any secondary school. Any fraction of an equivalent full-time position remaining after all equivalent full-time positions for certificated employees within the school district have been calculated shall be deemed to be a full-time position.
SEC. 56.
Section 42287 of the Education Code is amended to read:
42287.
(a) For the 1984–85 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284 by an amount proportionate to the increase applied to the statewide average revenue limit for unified school districts for the then current fiscal year.
(b) For the 2013–14 fiscal year to the 2021–22 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284, as previously increased pursuant to subdivision (a) and Sections 42289 to 42289.5, inclusive, by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the then current fiscal year.
(c) Commencing with the 2022–23 fiscal year, the Superintendent shall increase the funding amounts specified in Sections 42282, 42284, and 42289
42282 and 42284, as previously increased by Sections 42289 to 42289.5, inclusive, by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the then current fiscal year.
SEC. 57.
Section 44225.6 of the Education Code is amended to read:
44225.6.
(a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include all of the following information:
(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(2) The number of individuals recommended for credentials by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(4) The number of individuals receiving an emergency permit or credential waiver.
(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to paragraph (1) of subdivision (d) of Section 44253.11.
(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:
(A) University internship.
(B) District internship.
(D) Credential waiver.
(C) Emergency-style permit, including any emergency permit, short-term staff permit, or provisional intern permit.
(D) Waiver of certification.
(E) Teaching permit for statutory leave issued pursuant to Division 8 of Title 5 of the California Code of Regulations.
(F) Preliminary or clear credential.
(G) An authorization issued pursuant to Section 44253.3.
(H) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.
(I) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may use data from the department’s Annual Language Census Survey to report the data required pursuant to this paragraph.
(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.
(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commission’s internet website.
(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:
(1) The University of California system.
(2) The California State University system.
(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.
(4) Other institutions that offer teacher preparation programs approved by the commission.
(d) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs. These reports shall be made publicly available on the commission’s internet website. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9, for these purposes.
(e) The commission may use information obtained from the department garnered through the California Longitudinal Pupil Achievement Data System to facilitate the development of the annual Teacher Supply Report as outlined in subdivision (a) and to analyze and publicly report educator workforce trends, including, but not limited to, recipients of commission-issued grants, teacher shortage indicators defined in subdivision (b) of Section 44258.9, preparation program workforce placements, and workforce mobility, retention, and attrition.
(f) For purposes of this section, “authorization” has the same meaning as defined in subdivision (a) of Section 44203.
SEC. 58.
Section 44235 of the Education Code is amended to read:
44235.
(a) (1) Fees shall be levied by the commission for the issuance and renewal of teaching and service credentials. Commencing January 1, 1987, the fee for the issuance and renewal of teaching and service credentials shall be fifty dollars ($50). In subsequent years, through June 30, 2026, the commission may set a different fee, but in no case shall a fee exceed one hundred dollars ($100) without express legislative approval.
(2) Commencing July 1, 2026, the fee for the issuance of teaching and service credentials shall not exceed one hundred dollars ($100).
(3) Commencing July 1, 2026, the fee for the renewal of teaching and service clear credentials shall be one hundred twenty-five dollars ($125).
(b) A single fee, not to exceed the charge for a single supplemental credential, shall be charged for all supplemental credentials applied for at the same time as a teaching or service credential pursuant to subdivision (a).
(c) Subject to funds being appropriated expressly for this purpose in the annual Budget Act, fees authorized by this section shall be waived by the commission for first-time teaching credential applicants for the following credentials:
(1) Single subject credential.
(2) Multiple subject credential.
(3) Special education credential.
(4) Specialist instruction credential.
(d) Annually, as part of the budget review process, the Department of Finance shall recommend to the Legislature an appropriate credential fee sufficient to generate revenues necessary to support the operating budget of the commission plus a prudent reserve, as determined by the Department of Finance pursuant to subdivision (b) of Section 44234.
SEC. 59.
Section 44258.9 of the Education Code is amended to read:
44258.9.
(a) (1) The Legislature finds and declares both of the following:
(A) That continued monitoring of educator assignments by the commission and the county superintendents of schools and continued reporting of educator assignments by the department will help ensure that local educational agencies meet state and federal reporting requirements, including the requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of educator misassignments remains low.
(B) That local educational agencies, state officials, pupils, and guardians have a vested interest in knowing and understanding the capacity of local educational agencies to fill all available and funded teaching assignments with educators who are fully credentialed for the subjects and pupils they are teaching, and a vested interest in understanding the scope of the teacher shortage across the TK/K–12 educational system, including, but not limited to, those instances where vacancies cannot be filled, resulting in the use of substitutes, increases in class size, or cancellation of courses or classes.
(2) To support pupil access to credentialed and appropriately assigned educators, the commission and the department shall collaborate to publish annual data on educator credentialing and assignment, at the school, local educational agency, and state level levels. To the
extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e).
(3) The commission and the department shall collaborate to perform the duties specified in this section, with the commission executing the assignment monitoring process and the department facilitating the annual teaching assignment monitoring data production and publication.
(4) The teaching assignment monitoring outcome data reporting shall be executed in a manner consistent with the statewide system of support and the school accountability system established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4, county office of education monitoring established pursuant to Article 2 (commencing with Section 1240) of Chapter 2 of Part 2 of Division 1 of Title 1, and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act.
(b) For purposes of this section, the following definitions and identifications apply:
(1) (A) “An instance of a teacher shortage” means an identification by the commission that a course or class assignment is not any of the following:
(i) Permanently filled as of Census Day.
(ii) Filled by a fully credentialed teacher.
(iii) Filled by a teacher who is appropriately assigned.
(B) A “fully credentialed teacher” means an individual who has completed a teacher preparation program, as defined in subdivision (e) of Section 44225.7, and who holds a valid preliminary or clear credential issued based upon the completion of that teacher preparation program.
(C) An assignment is “permanently filled as of Census Day” if the educator serving as a teacher has been contracted as of Census Day to provide instruction for either the entire school year or for a one-semester course for the entire semester.
(D) A teacher is “appropriately assigned” if the teacher holds a credential, permit, or waiver issued by the commission that contains an authorization to legally teach in the setting, in the subject area, and the pupil population associated with the assignment.
(2) “An unfilled position” shall be identified in each instance where a local educational agency has attempted to fill or is actively trying to fill an open and funded position, but is unable to do so.
(3) “A vacant position” shall be identified in each instance where, as of Census Day, a course or class assignment has not been permanently filled by a single-designated certificated employee serving for either the entire school year or for a one-semester course for the entire semester. For purposes of identifying an instance of a teacher shortage pursuant to paragraph (3) of subdivision (h),
(i), a “vacant position” shall be limited to an employee serving as a teacher.
(4) “Assignment” means the placement of an individual in a teaching or services position. An “assignment” can be filled legally by an individual with a credential, permit, waiver, or any other document issued by the commission authorizing the assignment, or the individual may be otherwise authorized by statute.
(5) “Local educational agency” means a school district, county office of education, charter school, or state special school.
(6) “Misassignment” has the same meaning as defined in Section 33126. For purposes of this section, “employee,” as used in the definition of “misassignment” in Section 33126, includes an individual hired on a contract. For purposes of this section, in a charter school, “misassignment” shall apply only to employees in teaching positions.
(7) “Monitoring authority” means:
(A) The county office of education for school districts in the county and programs operated by the county office of education.
(B) The commission for a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the state special schools.
(C) (i) The chartering authority for a charter school.
(ii) Notwithstanding clause (i), in cases where a charter school operates under the authority of a school district in which the charter school is the sole schoolsite in the school district, the commission shall serve as the monitoring authority.
(8) “System,” unless the context requires otherwise, means the California Statewide Assignment Accountability System, which is an electronic data system administered by the commission for monitoring educator assignments and vacant positions and uses department data collected pursuant to Sections 10600 and 60900 for its functioning.
(c) The commission and the department shall enter into a data sharing agreement for the department to provide the commission with educator assignment data necessary to annually identify educator assignments, including assignments filled by individuals on preliminary or clear credentials, intern credentials, permits or waivers, misassignments, and vacant positions at local educational agencies. The data sharing agreement shall also require the commission to make credential, permit, waiver, misassignment, vacant positions, and other relevant data available to the department to support reporting consistent with the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act (Public Law 114–95), or any other federal law that effectively replaces that act, and applicable state reporting requirements, including for the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
(d) The commission and the department may engage in a variety of activities designed to inform school administrators, teachers, and personnel within the county offices of education of the regulations and statutes affecting the assignment of educators and how data on educator assignments is published and used. These activities may include, but shall not necessarily be limited to, the preparation of instructive brochures and the holding of regional workshops.
(e) (1) The commission shall annually use the data provided by the department pursuant to subdivision (c) to produce an initial data file of vacant positions and educator assignments that do not have a clear match of credential to assignment. The commission shall notify local educational agencies and monitoring authorities of the opportunity to access the system and review the initial data file of potential misassignments and vacant positions.
(2) A local educational agency may do any of the following within 60 days of the commission’s notification pursuant to paragraph (1):
(A) Access and review the initial data file in the system to determine if each educator included in the initial data file is otherwise legally authorized for the assignment.
(B) Submit documentation or additional assignment information to the commission and monitoring authority showing that the educator is otherwise legally authorized for the assignment. This information may include the use of local assignment options outlined in any statute or regulation.
(C) Submit documentation to the commission and monitoring authority showing that a position identified in the initial data file as vacant was miscoded and that a legally authorized educator was assigned to the position.
(3) Information submitted to the commission and monitoring authority pursuant to paragraph (2) shall be submitted electronically through the system.
(4) A monitoring authority shall access the system to review the initial data file and any documentation or additional information submitted by a local educational agency for which it is a monitoring authority and make a determination of potential misassignments and vacant positions within 90 days of the commission’s notification pursuant to paragraph (1).
(5) The commission shall have the authority to make a final determination for all potential assignments and misassignments.
(6) After the 90-day review period pursuant to paragraph (4), the commission shall share all educator assignment data, including all preliminary and clear credentials, intern credentials, permits, waivers, misassignments, and vacant positions for that year, with the department for the department’s teaching assignment monitoring outcomes report and other state and federal reporting requirements.
(7) Once published, the commission shall post a link to the department’s teaching assignment monitoring outcomes reporting on its internet website, with resources for local educational agencies seeking to maintain a fully credentialed and appropriately assigned educator workforce.
(8) Notwithstanding any other law, the commission, when identifying misassignments using the system, shall identify an educator in a teaching position, including an educator at a charter school, as correctly assigned only when the educator holds the certificate or credential required by the commission for that assignment in a noncharter public school, taking into account local assignment options.
(9) Commencing in the 2020–21 school year, a chartering authority, as provided in this section, may request technical assistance to assist in its determination of potential misassignments and vacant positions from the county office of education in the county in which the chartering authority is located.
(10) For a school district, the county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment misassignment, and shall advise the school administrator to correct the assignment within 30 calendar days. For a charter school, the monitoring authority shall notify the charter school administrator responsible for the assignment of a certificated person to a position for which the person has
no legal authorization of the misassignment and shall advise the charter school administrator to correct the assignment within 30 calendar days.
(f) The system and the data reported from the system shall not be used by a local educational agency for purposes of evaluating certificated employees, certificated employee performance determinations, or employment decisions.
(g) If an employee, including an employee who is employed by a charter school, is required by a local educational agency to accept an assignment in a teaching or services position for which the employee has no legal authorization, all of the following shall occur:
(1) (A) After exhausting existing local remedies, an employee of a school district shall notify the superintendent of the school district, and an employee of a charter school shall notify the administrator of the charter school, in writing, of the illegal assignment.
(B) If no action is taken after the notice required pursuant to subparagraph (A), an employee of a school district shall notify the county superintendent of schools, and an employee of a charter school shall notify the chartering authority, in writing, of the illegal assignment.
(2) In the case of an assignment by a school district for which the employee has filed a notice that the employee has no legal authorization, the school district or county superintendent of schools shall advise the employee about the legality of the assignment within 15 working days. In the case of an assignment by a charter school for which the employee has filed a notice that the employee has no legal authorization, the administrator of the charter school or the chartering authority shall advise the employee about the legality of the assignment within 15 working days.
(3) A local educational agency shall not take adverse action against an employee who files a notice of misassignment pursuant to paragraph (1).
(4) Notwithstanding any other law, for purposes of a charter school authorized by the state board, the employee shall file the written notices regarding misassignment described in paragraph (1) with the commission.
(5) During the period of a misassignment, the certificated employee who files a written notice pursuant to subparagraph (B) of paragraph (1) shall be exempt from Section 45034.
(6) If it is determined that a misassignment has occurred, a performance evaluation pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of the certificated employee in the misassignment shall be nullified.
(7) A certificated employee who has not attained permanent status is subject to the protections described in this subdivision and subdivision (f) even if the certificated employee does not provide notice pursuant to paragraph (1).
(h) For the 2019–20 school year, the final data file generated by the system to identify misassignments and vacant positions shall be nonconsequential and shall be provided to the department, local educational agencies, and monitoring authorities by the commission for informational purposes only.
(i) Commencing with the 2020–21 school year, and each school year thereafter, following the 90-day review period provided for monitoring authorities pursuant to subdivision (e), the commission shall do all of the following:
(1) Ensure local educational agencies have access to the results of the system’s process of assignment monitoring to support local continuous improvement efforts.
(2) Publish annual certificated educator assignment data that reflects the level of preparation and licensure of educators serving California pupils. This data shall include comprehensive information on all educator assignments, including those filled by individuals on permits or waivers, intern credentials, and preliminary or clear credentials, and those appropriately assigned and misassigned, at the schoolsite, local educational agency, county, and state level.
levels. The commission may also publish data on educators serving on administrative and pupil services credentials, educator preparation pathways, and educator retention, and whether certificated staff are employed in K–12 education.
(3) (A) Identify instances of a teacher shortage in each instance where, as of Census Day, a course or class assignment is permanently filled by an employee who is not fully credentialed or who is not appropriately assigned, as identified in clauses (i) to (vii), inclusive, below:
(i) Individuals who are fully credentialed teachers and are serving outside their credential area based on holding a valid commission-issued permit authorizing the subject, setting, or pupil population being taught.
(ii) Individuals who are fully credentialed teachers and are serving outside of their credential area pursuant to a statute or Title 5 of the California Code Regulations that allows a local educational agency to otherwise legally assign the individual at the local level.
(iii) Individuals serving on a valid district or university intern credential that authorizes the subject, setting, or pupil population being taught.
(iv) Individuals who are fully credentialed teachers but are teaching a subject, setting, or pupil population not authorized by their credential area, excluding assignments authorized by subdivision (b) of Section 80005 of Title 5 of the California Code of Regulations.
(v) Individuals serving on the basis of a valid permit issued by the commission that authorizes the subject, setting, or pupil population being taught.
(vi) Individuals serving on a short-term or variable-term waiver document issued by the commission that authorizes the subject, setting, or pupil population being taught.
(vii) Individuals who are identified as misassigned by the commission, other than those educators described in clause (iv).
(B) Identify instances of a teacher shortage in each instance where, as of Census Day, a local educational agency identifies a vacant position or an unfilled position.
(4) Support the department to do all of the following:
(A) Make annual educator assignment, misassignment, and vacant position data generated by the system publicly available in a searchable format on the department’s internet website.
Data shall be updated annually and provide comprehensive information on teaching assignment outcomes inclusive of all educator classifications at the schoolsite, school district, and county level. levels.
(B) Ensure that data for charter schools is distinguishable from data for noncharter public schools when made publicly available in a searchable format.
(C) Maintain each year’s data for no less than five years.
(D) Ensure that the publicly available misassignment data reported from the system shall not include any personally identifiable information, including names, social security numbers, home addresses, telephone numbers, or email addresses of individual educators.
(j) The commission may promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns educators and what sanctions, if any, to impose on that local educational agency.
(k) (1) On or before December 1, 2022, the commission shall report to the appropriate policy and fiscal committees of the Legislature on the development of the system, including, but not limited to, all of the following:
(A) The development and current status of the system.
(B) The ability of the system to efficiently produce accurate annual data on teacher misassignments.
(C) Statewide information regarding misassignments, delineated by credential type, assignment, and type of school.
(D) Use of local assignment options, delineated by local assignment option and type of school.
(E) Any recommendations to improve the system and the local assignment monitoring process required by this section.
(F) Identification of any need for further technical assistance for local educational agencies, including chartering authorities, to improve assignment monitoring and reduce the overall rate of misassignment.
(2) Pursuant to Section 10231.5 of the Government Code, the reporting requirement described in paragraph (1) shall be inoperative on December 1, 2026.
(l) This section shall not relieve a local educational agency from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “misassignment” for purposes of Section 33126 or the definition of “vacancy” for purposes of Section 35186.
(m) This section does not change existing rights or obligations, including, but not limited to, those specified in Sections 33126 and 33315.
(n) (1) Beginning July 1, 2027, a teacher employed by a local educational agency and offering a course in which pupils receive course credit or that counts toward instructional minutes, or both, shall hold the certificate, permit, or other document required by the commission for that assignment and shall be monitored.
(2) Paragraph (1) does not authorize a local educational agency to assign a teacher of record that is not an employee of the local educational agency.
(3) For purposes of this subdivision, “local educational agency” means a school district, county office of education, charter school, or educational joint powers authority.
SEC. 60.
Section 44259 of the Education Code is amended to read:
44259.
(a) Except as provided in clauses (i) and (iii) of subparagraph (A) of paragraph (3) of subdivision (b), a program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation.
(b) The minimum requirements for the preliminary multiple subject, single subject, or education specialist teaching credential are all of the following:
(1) A baccalaureate degree or higher degree from a regionally accredited institution of higher education. Except as provided in subdivision (c) of Section 44227, for single subject teaching credentials, the baccalaureate degree shall not be in professional education. The commission shall encourage regionally accredited institutions of higher education to offer undergraduate minors in education and special education to students who intend to become single subject credentialed teachers.
(2) [Reserved]
(3) (A) Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, a program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that a candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board. Programs that meet this requirement for professional preparation shall include any of the following:
(i) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1.
(ii) Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1.
(iii) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3.
(iv) Degree programs offered pursuant to Article 5 (commencing with Section 78060) of Chapter 1 of Part 48 of Division 7 of Title 3.
(B) A program of professional preparation pursuant to subparagraph (A) shall provide experience that addresses all of the following:
(i) Health education, including a basic understanding of youth mental health, study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of the abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross.
(ii) Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs.
(iii) Advanced computer-based technology, including the uses of technology in educational settings.
(4) Study of effective means of teaching literacy, including, but not limited to, the study of reading as described in subparagraphs (A) and (B), and evidence-based means of teaching foundational reading skills in print concepts, phonological awareness, phonics and word recognition, and fluency to all pupils, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. The study of effective means of teaching literacy shall be in accordance with the commission’s standards of program quality and effectiveness and current teaching performance expectations, shall be aligned to the current English Language Arts/English Language Development (ELA/ELD) Framework adopted by the state board, and shall incorporate the program guidelines for dyslexia developed pursuant to Section 56335. The study of reading shall meet the following requirements:
(A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following:
(i) The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic, explicit phonics, and decoding skills.
(ii) A strong literature, language, and comprehension component with a balance of oral and written language.
(iii) Ongoing diagnostic techniques that inform teaching and assessment.
(iv) Early intervention techniques.
(v) Guided practice in a clinical setting.
(B) For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A).
(C) A program for the multiple subject teaching credential and the education specialist teaching credential also shall include the study of integrated methods of teaching language arts.
(5) (A) Verification of subject matter competence, demonstrated through one of the following methods:
(i) Completion of a subject matter program approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310).
(ii) Passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280).
(iii) Successful completion of coursework at one or more regionally accredited institutions of higher education that addresses each of the domains of the subject matter requirements adopted by the commission in the content area of the credential pursuant to Section 44282, as verified by a commission-approved program of professional preparation. For PK-3 early childhood education specialist credentials, completion of 24 semester units or the equivalent quarter units of nonremedial, degree-applicable coursework at a regionally accredited institution of higher education in early childhood education or child development. Coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count for purposes of this clause.
(iv) Successful completion of a baccalaureate or higher degree from a regionally accredited institution of higher education with the following, as applicable:
(I) For single subject credentials, a major in one of the subject areas closely related to an area in which the commission credentials candidates.
(II) For multiple subject credentials, a liberal studies major
major, education major, or other degree major that includes coursework required for the degree major in the content areas pursuant to subdivision (b) of Section 44282.
(III) For PK-3 early childhood education specialist credentials, a major in child development, education, or a degree major in a subject area closely related to the credential area. For the PK-3 early childhood education specialist credentials, a major in a subject area closely related to the credential area means a baccalaureate or higher degree whose required coursework for the degree major includes not fewer than three courses, totaling at least 12 semester units or the equivalent quarter units, in child development, human development, or early childhood education.
(IV) For education specialist credentials, either a major in one of the subject areas in which the commission credentials candidates or a liberal studies or other major that includes coursework in the content areas pursuant to subdivision (b) of Section 44282.
(v) Demonstration that the candidate, through a combination of the methods described in clauses (i), (ii), and (iii) in whole or in part, has met or exceeded each of the domains of the subject matter requirements adopted by the commission in the content area of the credential pursuant to Section 44282 for multiple and single subject credentials, or pursuant to Section 44265 for education specialist credentials.
(B) (i) The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board.
(ii) The commission shall maintain the subject matter domains that include both broad content areas to support coursework review pursuant to clause (iii) of subparagraph (A) and specific content elements to delineate subject matter examination specifications pursuant to clause (ii) of subparagraph (A) and Article 5 (commencing with Section 44280).
(6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335.
(7) Demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following:
(A) Successful completion of a commission-approved program or course.
(B) Successful passage of an assessment that is developed, approved, and administered by the commission.
(c) The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements:
(1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission.
(2) Except as provided in paragraph (3), completion of a program of beginning teacher induction, including either of the following:
(A) A program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission pursuant to this subdivision. The program standards shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers.
(B) A program of beginning teacher induction that is sponsored by a regionally accredited institution of higher education in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board.
(3) (A) If a candidate satisfies the requirements of subdivision (b) through completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2).
(B) If an approved induction program is verified as unavailable to a beginning teacher, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution of higher education as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph.
(d) The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in clauses (i) to (iii), inclusive, of subparagraph (B) of paragraph (3) of subdivision (b), starting in professional preparation and continuing through induction.
(e) A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service.
(f) A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission.
(g) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision.
(h) Paragraph (4) of subdivision (b) does not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of paragraph (4) of subdivision (b) apply only to persons who enter a program of professional preparation on or after January 1, 1997.
SEC. 61.
Section 44259.4 is added to the Education Code, to read:
44259.4.
(a) (1) There is hereby established the Pathways to Bilingual Teaching Program, to be administered by the commission, for the purpose of increasing the number of California teachers qualified to teach in bilingual settings.
(2) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the commission for allocation pursuant to this section for grant awards to be used through the 2031–32 fiscal year.
(b) (1) The commission shall develop and implement a program to award, on a competitive basis, grants of up to six hundred thousand dollars ($600,000), which may be expended over six years, to consortia of local educational agencies to form, pursuant to subdivision (c), consortia with four-year institutions of higher education or consortia with four-year institutions of higher education and community colleges, for the purpose of establishing or expanding existing pathways to bilingual teaching to enable bilingual candidates to earn a multiple subject, single subject, PK-3 early childhood education specialist, or education specialist credential, with a bilingual authorization.
(2) The commission shall give priority for grants to consortia of local educational agencies whose applications demonstrate a high need for teachers with a bilingual authorization by meeting one or both of the following:
(A) The consortium of local educational agencies includes one or more local educational agencies with a high concentration of pupils who are English language learners.
(B) The consortium of local educational agencies includes one or more local educational agencies located in a rural area or a geographic region experiencing an acute systemic shortage of teachers with a bilingual authorization, characterized by a significant gap between available teacher preparation programs and the needs of local pupils who are English language learners.
(3) For purposes of this section, “pathway to bilingual teaching” means an articulated, guided sequence of secondary education, postsecondary education, and teacher preparation, including preparation to earn a bilingual authorization, leading to employment as a bilingual teacher.
(c) A consortium of local educational agencies receiving a grant pursuant to subdivision (b) shall develop and implement a broader consortium through a partnership with one or more four-year institutions of higher education, or one or more four-year institutions of higher education and one or more community colleges. The broader consortium formed pursuant to this subdivision shall do all of the following:
(1) Recruit bilingual candidates by local educational agencies for the pathway to bilingual teaching based on candidates’ interest in teaching, including, but not limited to, current paraprofessionals and classified employees.
(2) To the extent feasible, develop pathways to bilingual teaching for high school pupils with experience working in after school programs, participating in a career technical education pathway in education, or participating in future teacher clubs, and for candidates who are likely to meet the eligibility criteria to receive the State Seal of Biliteracy.
(3) Partner with at least one of the following:
(A) A community college or four-year institution of higher education to use dual enrollment, including early and middle college programs, to enable these candidates to earn part or all of their associate’s degrees or bilingual authorization before graduation.
(B) A four-year institution of higher education into which these candidates transfer and in which they earn their baccalaureate degrees and a multiple subject, single subject, PK-3 early childhood education specialist, or education specialist teaching credential, with a bilingual authorization.
(4) Enter into an agreement with one or more local educational agencies, including, but not limited to, local educational agencies enrolling candidates in the pathway, to hire qualified graduates of the pathway in bilingual teaching positions.
(d) Grants pursuant to subdivision (b) shall fund proposals to establish new or expand existing pathways to bilingual teaching, with the first year of the grant for planning purposes and the subsequent five years of the grant for implementation purposes. These funds may be expended for any proper purpose in support of this section, including, but not limited to, any of the following:
(1) To provide teacher, administrator, and faculty release time or stipends to design the pathway and obtain any necessary agreements to implement the pathway.
(2) To create or redesign courses for candidates in a pathway to bilingual teaching.
(3) To design appropriate recruitment, guidance, and support strategies for candidates participating in the pathway.
(e) As a condition of the receipt of a grant, a consortium described in subdivision (c) shall provide to the commission program and outcome information for at least five years after receiving the grant. The information shall include program design and features, the number of candidates enrolled in the program, the number of candidates who have completed the program, the number and type of credentials and bilingual authorizations earned, the time taken to earn a degree and credential, commitments made by local educational agencies with the intent to offer employment of bilingual teaching positions, any other information the commission may require for purposes of documenting the effect of the grant and identifying effective practices in program design and implementation, and, if applicable, home languages spoken by graduates, racial and ethnic backgrounds of graduates, and graduates who are or have ever been English language learners.
(f) The commission shall require applicants for grants under this section to provide assurances of all of the following:
(1) A commitment to implement a planned pathway to bilingual teaching.
(2) A plan for recruitment and retention of candidates for the pathway to bilingual teaching for open positions.
(3) Coordination with existing sources of candidate support, such as the Educator Recruitment and Retention Initiative established pursuant to Chapter 13.5 (commencing with Section 44400) and the Golden State Teacher Grant Program established pursuant to Article 5.1 (commencing with Section 69617) of Chapter 2 of Part 42 of Division 5 of Title 3, and other forms of financial aid.
(4) Demonstrated commitment to develop or expand enrollment in, and access to, the pathway to bilingual teaching.
(5) A plan to sustain the pathway to bilingual teaching after funding provided under this section expires.
(g) The commission shall annually report to the appropriate fiscal and policy committees of the Legislature on the progress grant recipients have made in developing and implementing pathways to bilingual teaching, including, when appropriate, the number of teachers who are enrolled in the pathways and the number of teachers who have completed the pathways and are employed in bilingual settings as reported by local educational agencies, until funds are fully expended.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 62.
Section 44259.8 is added to the Education Code, to read:
44259.8.
(a) For the 2026–27 fiscal year, the commission shall use the funding appropriated in Item 6100–488 of the Budget Act of 2026 to enter into an agreement with a county office of education, consistent with applicable state procurement and information technology requirements, to collaborate on the design, development, and implementation of a statewide subject matter transcript review service. The selected entity shall deliver the system to the commission by July 1, 2027. The commission shall maintain and operate the service.
(b) The commission shall consult with institutions of higher education, including institutions that operate commission-approved teacher preparation programs, local educational agencies, and relevant experts in developing, calibrating, and evaluating the service.
(c) The service shall allow commission-approved teacher preparation programs and local educational agencies to submit candidate or employee transcripts and supporting materials to the commission for transcript review, as follows:
(1) The commission may identify the supporting materials necessary to complete a transcript review, including course catalog descriptions, syllabi, or other documentation needed to evaluate alignment with commission-adopted subject matter requirements.
(2) The commission shall establish a methodology for technology-supported analysis and human review to support consistent application of subject matter requirements.
(3) (A) A commission-approved educator preparation program may, before the adoption of the advisory analysis process described in subdivision (e), request an advisory analysis of transcripts and supporting materials.
(B) The commission shall, through the service, produce an advisory analysis in response to the request described in subparagraph (A) of the extent to which the submitted transcripts and supporting materials align with subject matter competency requirements.
(C) A commission-approved educator preparation program may review, affirm, modify, or rely on the advisory analysis for purposes of making its own determination of subject matter competency consistent with clause (iii) of subparagraph (A) of paragraph (5) of subdivision (b) of Section 44259.
(4) (A) A local educational agency may, upon the adoption of the advisory analysis process described in subdivision (e), request an advisory analysis of transcripts and supporting materials.
(B) The commission shall, through the service, produce an advisory analysis in response to the request described in subparagraph (A) of the extent to which the submitted transcripts and supporting materials align with subject matter competency requirements.
(d) The service shall comply with applicable state and federal privacy laws, security requirements, accessibility standards, and applicable artificial intelligence governance standards.
(e) (1) The commission shall, at a public meeting and following an opportunity for public comment, take action to adopt formal processes for producing advisory analyses through the service and making subject matter competency determinations through the service, subject to demonstrated accuracy, consistency, and reliability.
(2) The commission may adopt regulations as necessary to implement and administer this section.
(f) (1) On or before January 1, 2029, the commission shall report to the Legislature, consistent with Section 9795 of the Government Code, on implementation of the service, including usage and any recommendations for future policy or statutory changes.
(2) The requirement for submitting a report imposed pursuant to paragraph (1) is inoperative on January 1, 2033, pursuant to Section 10231.5 of the Government Code.
SEC. 63.
Section 44281 of the Education Code is repealed.
The commission shall select, administer, and interpret subject matter examinations, which shall be a prerequisite for assignment to assure minimum levels of subject matter knowledge by all certified personnel regardless of the pattern and place of preparation.
SEC. 64.
Section 44281 is added to the Education Code, to read:
44281.
(a) The commission and programs of professional preparation shall support teacher candidates to establish subject matter competence through a degree major or coursework, pursuant to clauses (iii) and (iv) of subparagraph (A) of paragraph (5) of subdivision (b) of Section 44259.
(b) The commission shall update the degree majors that establish subject matter competence pursuant to clause (iv) of subparagraph (A) of paragraph (5) of subdivision (b) of Section 44259 and ensure the subject matter requirements support streamlined transcript review, including for use by programs of professional preparation to review transcripts for their candidates seeking to establish subject matter competence through coursework.
(c) Where a candidate’s degree major or completed coursework do not establish their subject matter competence, the commission shall make subject matter examinations available. The commission shall maintain a standard error of measurement for the determination of passing scores for these examinations.
SEC. 65.
Section 44395 of the Education Code is amended to read:
44395.
(a) (1) The National Board for Professional Teaching Standards Certification Incentive Program is hereby established to award grants to school districts for the purpose of providing awards to teachers who are employed by school districts or charter schools, are assigned to teach in California public schools, and have attained or will attain certification from the National Board for Professional Teaching Standards. Awards shall be granted to the extent that funds have been appropriated for this purpose in the annual Budget Act.
(2) (A) Commencing July 1, 2021, any teacher who has attained certification from the National Board for Professional Teaching Standards is eligible to receive an award of up to twenty-five thousand dollars ($25,000) if the teacher agrees to teach at a high-priority school for at least five years. Teaching service before July 1, 2021, may not be counted towards satisfaction of this five-year commitment.
(B) Awards granted pursuant to this paragraph shall be disbursed in annual payments of five thousand dollars ($5,000) over a five-year period. The annual payment shall be made upon completion of the school year, and upon approval of a district-certified application pursuant to the guidelines of subdivision (c) of Section 44396.
(C) An award recipient’s service shall be at a high-priority school listed on the most recent list of priority schools published by the department that is available when the grant recipient applies for a National Board for Professional Teaching Standards Certification Incentive Program grant award pursuant to this paragraph. Further service at that school shall continue to satisfy the service requirements of this paragraph even if the school is no longer listed on a future priority school list published by the department.
(3) (A) Commencing July 1, 2021, any teacher who initiates the process of pursuing a certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of two thousand five hundred dollars ($2,500).
(B) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.
(C) A teacher who receives an
award pursuant to this paragraph may still apply to receive funds under paragraph (2) paragraphs (2) and (4) after completion of a certification from the National Board for Professional Teaching Standards to the extent funds are available.
(4) (A) (i) Commencing July 1, 2023, any teacher who initiates the process of maintenance of certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of four hundred ninety-five dollars ($495).
(ii) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.
(iii) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2).
(iv) A teacher may apply for an award pursuant to this paragraph every time they begin the process of maintenance of certification from the National Board for Professional Teaching Standards. Teachers who apply for an award pursuant to this paragraph shall be teaching at a priority school at the time of application.
(B) This paragraph may be implemented using funds appropriated pursuant to Section 137 of Chapter 44 of the Statutes of 2021.
(b) (1) The department shall administer the awards authorized by subdivision (a), and shall develop, in consultation with the Commission on Teacher Credentialing, certification and award information, criteria, procedures, and applications, all of which shall be submitted to the state board for approval. Amendments requested by the state board to that information, criteria, procedures, and applications shall be made before the dissemination of the material and the granting of any award under this article.
(2) Commencing July 1, 2027, the Commission on Teacher Credentialing shall administer the awards authorized by this section and any reference to department shall instead refer to the commission.
(c) The department shall distribute the materials described in subdivision (b) to school districts. Each school district is strongly encouraged to ensure that teachers employed by the district or by charter schools affiliated with the district are informed about the program and can acquire the necessary application and information materials.
(d) School districts are encouraged to provide for adequate release time and support for a teacher to complete the certification process. As a condition to providing that release time and support, a school district may require that a teacher serve in a mentor teacher capacity.
(e) For purposes of this article, the following definitions apply:
(1) “School district” means school district, county board of education, county superintendent of schools, a state operated program, including a special school, a regional occupational center or program operated by a joint powers authority or a county office of education, or an education program providing instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services.
(2) “High-priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. This designation shall be determined by the department.
SEC. 66.
Section 44400 of the Education Code is amended to read:
44400.
For purposes of this article, the following definitions apply:
(a) “High-need field” means a field designated as having the most significant shortages by the Commission on Teacher Credentialing and may include any of the following:
(1) Credentials issued in conjunction with a bilingual or computer science authorization.
(2) Mathematics, science, or technology credentials.
(3) Special education credentials.
(b) “Local educational agency” means a school district, charter school, or county office of education.
(c) “Priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02.
(d) “Program” means the Student Teacher Stipend Program established pursuant to Section 44400.01.
(c)
(e) “Prospective educator” means a candidate enrolled in a program of professional preparation for a preliminary multiple subject, single subject, education specialist, or PK-3 early childhood education specialist instruction credential accredited by the Commission on Teacher Credentialing.
(f) “Student teaching” shall align to clinical practice guidance by the Commission on Teacher Credentialing, and refers to time spent in the classroom with a cooperating or mentor teacher, and includes, but is not limited to, coplanning, coteaching, guided teaching, and solo teaching. For the purposes of this program, service on an intern credential does not qualify as student teaching.
SEC. 67.
Section 44400.01 of the Education Code is amended to read:
44400.01.
(a) The Student Teacher Stipend Program is hereby established to support prospective educators during their completion of 500 or more hours of student teaching as part of their credential program’s clinical practice. practice and to provide additional support, through enhanced stipend awards authorized pursuant to this article, to prospective educators who commit to serve in a high-need field.
(b) (1) To improve both teacher retention and recruitment in California’s public school system, it is the intent of the Legislature to create a grant program to compensate student teachers, support credential attainment via clinically rich credential pathways, and support the prospective educator’s successful transition into local educational agency employment.
(2) It is further the intent of the Legislature to authorize the Student Teacher Stipend Program as an ongoing, annual program to support the recruitment and retention of prospective educators.
(3) It is further the intent of the Legislature to increase stipend amounts available, pursuant to this article, for prospective educators who commit to teaching in a priority school or high need field, in future years, subject to an appropriation for this purpose.
(c) Funding shall be provided under this article to the extent that funds have been appropriated for this purpose in the annual Budget Act or another statute.
SEC. 68.
Section 44400.02 of the Education Code is amended to read:
44400.02.
(a) The Commission on Teacher Credentialing shall award funding appropriated for this purpose to local educational agencies that host student teachers or teacher residents or that employ teacher apprentices.
(b) (1) Local educational agencies awarded funding pursuant to this article shall provide stipends to prospective educators during their completion of 500 or more hours of student teaching. Stipends for each prospective educator shall be ten thousand dollars ($10,000) and paid during the school year in which the credential applicants are completing their student teaching.
(2) Local educational agencies employing credentialed educator apprentices may use stipend awards to offset the wages paid to those apprentices during the initial phase of the apprenticeship when the apprentice is not yet the educator of record.
(3) Local educational agencies hosting teacher residents may use student teacher stipends in cases where residents are not supported by residency stipends pursuant to Section 44415.5.
(4) Commencing July 1, 2027, local educational agencies awarded funding pursuant to this article shall, consistent with subdivision (d), provide an additional stipend of five thousand dollars ($5,000) to prospective educators pursuing a credential and student teaching in a high-need field.
(c) The Commission on Teacher Credentialing shall establish a streamlined online process for local educational agencies to submit the prospective educator’s information, including, but not limited to, all of the following:
(1) The prospective educator’s preparation program.
(2) The number of student teaching hours they will complete.
(3) The local educational agency or agencies where they are completing their student teaching.
(4) The schoolsite or schoolsites where they are completing their student teaching.
(5) Their desired credential.
(6) Evidence of their valid certificate or permit issued by the Commission on Teacher Credentialing that required professional fitness review.
(7) Their demographic information.
(d) (1) Commencing July 1, 2026, to the extent that funds are available for this purpose, up to one hundred twenty-five million dollars ($100,000,000)
($125,000,000) shall be available annually for the Commission on Teacher Credentialing to award stipends. stipends pursuant to paragraph (1) of subdivision (b).
(2) Commencing July 1, 2027, to the extent that funds are available for this purpose, up to twenty-seven million five hundred thousand dollars ($27,500,000) shall be available annually for the Commission on Teacher Credentialing to award additional stipends pursuant to paragraph (4) of subdivision (b).
(3) To the extent that demand for this program
stipends provided pursuant to paragraph (1) of subdivision (b) exceeds the amount appropriated by the Legislature, the Commission on Teacher Credentialing shall prioritize student teacher stipend applications for the year on a first-come, first-serve basis.
To the extent that the annual demand for stipends provided pursuant to paragraph (1) of subdivision (b) is less than the annual amount appropriated by the Legislature, the Commission on Teacher Credentialing shall allocate any excess to stipends described in paragraph (4) of subdivision (b).
(4) To the extent that demand for stipends provided pursuant to paragraph (4) of subdivision (b) exceeds the amount appropriated by the Legislature, the Commission on Teacher Credentialing shall prioritize applications pursuant to paragraph (4) of subdivision (b) based on the local educational agency’s unduplicated pupil count.
(e) Notwithstanding Section 10231.5 of the Government Code, the Commission on Teacher Credentialing shall, on or before
January 1, 2027, and each year thereafter, report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature, regarding the state of the grant program, including, but not limited to, the number of prospective educators paid,
paid; their education preparation programs, programs; their desired credential, credential; the participating local educational agencies, and agencies; the demographics of the participants in the program. program; the percentage of
prospective educators who committed to a high-need field; and, to the extent applicable, all required data disaggregated by participants receiving an additional stipend pursuant to subdivision (d). The report submitted to the appropriate fiscal and policy committees of the Legislature shall be submitted consistent with Section 9795 of the Government Code.
SEC. 69.
Section 44400.03 of the Education Code is amended to read:
44400.03.
(a) For 2025–26 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated for from the General Fund to the Commission on Teacher Credentialing to support
the base stipends provided pursuant to paragraph (1) of subdivision (b) of Section 44400.02 of the Student Teacher Stipend Program established in this article. These funds shall be available for encumbrance until June 30, 2030.
(b) For the 2026–27 fiscal year, the sum of four hundred eight million dollars ($408,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to support the base stipends provided pursuant to paragraph (1) of subdivision (b) of Section 44400.02 and the high-need field stipends provided pursuant to paragraph (4) of subdivision (b) of Section 44400.02. These funds shall be available for encumbrance until June 30, 2032.
(c) For the 2025–26 fiscal year, of the amount appropriated in subdivision (a), up to six million dollars ($6,000,000) shall be available for the Kern County Superintendent of Schools to do the following:
(1) (A) Conduct a multimedia campaign beginning no later than April 1, 2026, and ending no sooner than July 1, 2028, to encourage students enrolled in California-based institutions of higher education and individuals employed in related fields to pursue a career in public school employment, become a credentialed teacher, and enroll in a program of professional preparation accredited by the Commission on Teacher Credentialing.
(B) In conducting the multimedia campaign, the Kern County Superintendent of Schools shall consult with the Commission on Teacher Credentialing, the Student Aid Commission, the department, and other educator credentialing interestholders to create and disseminate outreach to local educational agencies, institutions of higher education, and educator pipeline organizations, including classified employees, expanded learning employees, career technical education programs, and labor organizations. These multimedia outreach methods and materials shall include state and federal student aid and education loan repayment options for aspiring or current educators and other investments that benefit teachers, including, but not limited to, the Student Teacher Stipend Program, including any additional stipend components authorized pursuant to this article, the Golden State Teacher Grant Program, and the National Board for Professional Teaching Standards Certification Incentive Program.
(2) (A) Develop a grants management system that could be utilized by the Commission on Teacher Credentialing to streamline the application and administration process for all teacher recruitment and retention programs that the Commission on Teacher Credentialing administers.
(B) The grant management system shall be available for public use no later than April 1, 2026
2026, for applications for the administration of the Student Teacher Stipend Program for the 2026–27 school year.
(C) The grant management system shall be made available for public use no later than December 31, 2026, for purposes of accepting applications for any additional stipend component authorized pursuant to this article for the 2026–27 school year.
(D) The grant management system shall include program administration for the National Board for Professional Teaching Standards Certification Incentive Program beginning no later than April 1, 2027.
(E) Notwithstanding any other law, any work executed pursuant to this paragraph shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of Technology.
(3) Contract for a comprehensive independent evaluation of the state’s investments in educator recruitment and retention pursuant to this article and Section 44395, and report the evaluation to the Legislature on or before July 1, 2029, consistent with
Section 9795 of the Government Code. This evaluation shall include the programs’ effectiveness in impacting prospective educator decisions to enroll in a student teaching program, increasing the number of individuals completing their student teaching program, increasing the number of individuals completing their student teaching programs in high-need credential areas, and increasing the retention rates of educators after the first two years of employment, and include the demographics of the participants in the programs.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code,
41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code,
41202, for the 2024–25 fiscal year.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 70.
Section 44415 of the Education Code is amended to read:
44415.
(a) (1) For the 2018–19 fiscal year, the sum of seventy-five million dollars ($75,000,000) is hereby appropriated from the General Fund to the commission to establish the Teacher Residency Grant Program. This funding shall be available for encumbrance until June 30, 2023.
(2) Of the amount appropriated in paragraph (1), fifty million dollars ($50,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of special education teachers.
(3) Of the amount appropriated in paragraph (1), twenty-five million dollars ($25,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of bilingual education, science, technology, engineering, or mathematics teachers.
(b) (1) The commission shall make one-time grants to grant applicants to establish new or expand existing teacher residency programs. Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(2) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority.
(E) A nonpublic, nonsectarian school, as defined in Section 56034.
(c) Grants allocated pursuant to subdivision (b) shall be up to twenty thousand dollars ($20,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient on a dollar-for-dollar basis. Grant program funding shall be used for, but is not limited to, any of the following: teacher preparation costs, stipends for mentor teachers, stipends for teacher candidates, and mentoring and beginning teacher induction costs following initial preparation.
(d) A grant recipient shall not use more than 5 percent of a grant award for program administration costs.
(e) A grant recipient shall provide a 100-percent match of grant funding in the form of one or both of the following:
(1) One dollar ($1) for every one dollar ($1) of grant funding received that is to be used in a manner consistent with allowable grant activities pursuant to subdivision (c).
(2) An in-kind match of mentor teacher personnel costs or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient.
(f) For purposes of this section, the following terms have the following meanings:
(1) “Teacher residency program” is a grant applicant-based program that partners with one or more teacher preparation programs accredited by the commission and in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework.
(2) An “experienced mentor teacher” for purposes of the Teacher Residency Grant Program is an educator who meets all of the following requirements:
(A) Has at least three years of teaching experience and a clear credential authorizing instruction of special education, or bilingual education, science, technology, engineering, or mathematics pupils, in the subject in which the experienced mentor teacher will be mentoring.
(B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors.
(D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program.
(g) Grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a preliminary teaching credential that will authorize the candidate to teach special education, or bilingual education, science, technology, engineering, or mathematics upon completion of the program.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Teaching the content area or areas in which the teacher will become certified to teach.
(B) Planning, curriculum development, and assessment.
(C) Learning and child development.
(D) Management of the classroom environment.
(E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities.
(F) Professional responsibilities, including interaction with families and colleagues.
(3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching.
(4) Prepare candidates to teach at the same grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient.
(5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and place candidates in teaching schools or professional development programs that are organized to support a high-quality teacher learning experience in a supportive work environment.
(h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(i) When selecting grant recipients, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for special education, or bilingual education, science, technology, engineering, or mathematics, teachers and to propose to establish a new, or expand an existing, teacher residency program that recruits, prepares, and supports teachers to teach special education, or bilingual education, science, technology, engineering, or mathematics, in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants with one or more schools that exhibit one or more of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free and reduced-price meals.
(B) A school where at least 5 percent of the teachers are misassigned, as determined by the commission, or working on a short-term staffing permit, a provisional intern permit, or a waiver.
(C) A school that is located in either a rural location or a densely populated region.
(D) A school with a cumulative voluntary teacher attrition rate that exceeded 20 percent over the three preceding school years.
(j) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (b) shall
agree in writing to either (1) work as an education specialist serving a caseload of pupils who receive special education services in a special education setting or (2) be placed in a bilingual education, science, technology, engineering, or mathematics assignment, in a school within the grant recipient that sponsored the candidate for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential. A candidate who fails to earn a preliminary credential or complete the period of the placement shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. A candidate shall have five
eight school years to complete the four-school-year teaching commitment.
(k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled the candidate’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the next succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(l) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (q).
(m) For purposes of administering the grant program pursuant to subdivision (b), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet the candidate’s commitment pursuant to subdivision (j).
(n) (1) If the commission determines or is informed that a sponsored candidate more than 10 percent of a grant recipient’s sponsored candidates failed to earn a preliminary credential or meet the sponsored candidate’s commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable
grant amount to be recovered from the candidate and the grant recipient. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient.
grant recipient based on the number of candidates who failed to earn a preliminary credential or meet their teaching commitment above a 10-percent attrition rate.
(2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California.
(3) A candidate who obtains a waiver pursuant to subdivision (l) shall not count toward the 10-percent attrition rate.
(o) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (m), (n), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of
state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or a program operated by a joint powers authority that does not receive principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(p) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (n) (o) shall be deposited into the Proposition 98 Reversion Account.
(q) (1) Grant recipients may recover from a sponsored candidate who
fails to earn a preliminary credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. a public school in California.
(2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials.
(r) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program.
(s) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a), the commission may allocate up to one million five hundred thousand dollars ($1,500,000) of the amount appropriated pursuant to subdivision (a) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, described in subparagraphs (A) to (D), inclusive, of paragraph (2) of subdivision (b), partnering with institutions of higher education to expand or create teacher residency programs that lead to more credentialed special education, or bilingual education, science, technology, engineering, or mathematics, teachers.
(2) (A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable grants.
(B) Individual capacity grants shall not exceed seventy-five thousand dollars ($75,000) per grant recipient.
(t) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year.
SEC. 71.
Section 44415.5 of the Education Code is amended to read:
44415.5.
(a) For purposes of this section, the following definitions apply for the Teacher Residency Grant Program:
(1) “Experienced mentor teacher” means an educator who meets all of the following requirements:
(A) Has at least three years of teaching experience and holds a clear credential in the subject in which the mentor teacher will be mentoring. For programs leading to the issuance of new PK-3 early childhood education specialist credentials, the mentor teacher must have at least three years of teaching experience in prekindergarten, transitional kindergarten, kindergarten, or any of grades 1 to 3, inclusive, and hold a clear multiple subject credential.
(B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors.
(D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program.
(2) “Teacher residency program” is a grant applicant-based program that partners with one or more commission-approved teacher preparation programs offered by a regionally accredited institution of higher education in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework.
(b) (1) For the 2021–22 fiscal year, the sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund to the commission for the Teacher Residency Grant Program to support teacher residency programs that recruit and support the preparation of teachers pursuant to this section. This funding shall be available for encumbrance until June 30, 2026.
(2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded.
(c) (1) The commission shall make grants to applicants to establish new teacher residency programs, or expand, strengthen, or improve access to existing teacher residency programs that support either of the following:
(A) Designated shortage fields, including, but not limited to, special education, bilingual education, science, computer science, technology, engineering, mathematics, transitional kindergarten, or kindergarten, school counselors, and any other fields identified by the commission based on an annual analysis of state and regional hiring and vacancy data.
(B) Local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse teacher workforce that reflects a local educational agency community’s diversity.
(2) Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(3) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority or a county office of education.
(d) Grants allocated pursuant to subdivision (c) shall be up to forty thousand dollars ($40,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient at a rate of 80 percent of the first twenty-five thousand dollars ($25,000) of the grant amount received per participant, as described in subdivision (f). Residents are also eligible for other forms of federal, state, and local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following:
(1) Teacher preparation costs.
(2) Stipends for mentor teachers, including, but not limited to, housing stipends.
(3) Residency program staff costs.
(4) Mentoring and beginning teacher induction costs following initial preparation.
(5) Compensation for residents.
(e) A grant recipient shall not use more than 5 percent of a grant award for program administration costs.
(f) A grant recipient shall provide a match of grant funding in the form of one or both of the following:
(1) Eighty cents ($0.80) for every one dollar ($1) of the first twenty-five thousand dollars ($25,000) in grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (d).
(2) An in-kind match of program director personnel costs, mentor teacher personnel costs, resident compensation costs, or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient.
(g) Grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a preliminary teaching credential, including a PK-3 early childhood education specialist credential, in furtherance of paragraph (1) of subdivision (c) upon completion of the program.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Teaching the content area or areas in which the teacher will become certified to teach.
(B) Planning, curriculum development, and assessment.
(C) Learning and child development.
(D) Management of the classroom environment.
(E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities.
(F) Professional responsibilities, including interaction with families and colleagues.
(3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching at no cost to the candidate.
(4) Prepare candidates to teach in a school within the jurisdiction of the grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient.
(5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and ensure candidates are enrolled in a teaching school or professional development program that is organized to support a high-quality teacher learning experience in a supportive work environment.
(6) (A) For grants awarded during and after the 2023–24 fiscal year, provide a minimum compensation package, which may include, but is not limited to, a living stipend or wages for employment of no less than twenty thousand dollars ($20,000) per candidate. Nothing in this section precludes a grant recipient from providing a larger compensation package to candidates, and grant recipients are encouraged to provide a compensation package to residents that is similar to the grant recipient’s compensation of school staff with comparable duties.
(B) To the extent a grant recipient received an award of up to twenty-five thousand dollars ($25,000) per candidate before the 2023–24 fiscal year and is serving candidates during and after the 2023–24 school year with that award, and commits to providing the minimum compensation package to those candidates, the grant recipient may submit the number of those candidates and associated per-resident award to the commission for an additional per-resident allocation for a combined per-resident total of up to forty thousand dollars ($40,000).
(h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(i) When selecting grant recipients, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for teachers in one or more designated shortage fields or for the purposes described in subparagraph (B) of paragraph (1) of subdivision (c), and to propose to establish a new, or expand, strengthen, or improve access to an existing, teacher residency program that recruits, prepares, and supports teachers to teach in either one or more such fields or in furtherance of subparagraph (B) of paragraph (1) of subdivision (c) in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the teaching workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals.
(B) A school that is located in either a rural location or a densely populated region.
(j) (1) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in a school within the jurisdiction of the grant recipient that sponsored the candidate or another public school in California for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential, including a PK-3 early childhood education specialist credential. The candidate shall also commit in the written agreement to annually reporting to their sponsoring local educational agency where they are employed and their current contact information until they have completed their service requirement or eight years after completion of residency, whichever occurs first.
(2) A candidate shall have eight school years to complete the four-school-year teaching commitment.
(3) This subdivision shall apply to any current candidate or teacher that participates in a residency program under this section.
(k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(l) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (q).
(m) For purposes of administering the grant program pursuant to subdivision (c), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (j).
(n) (1) If the commission is informed that more than 10 percent of sponsored candidates in a local educational agency’s yearly program cohort failed to earn a preliminary credential or failed to meet their commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a preliminary credential or meet their teaching commitment above a 10-percent attrition rate.
(2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California.
(3) A candidate who obtains a waiver pursuant to subdivision (l) shall not count toward the 10-percent attrition rate.
(o) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (n), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(p) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (o) shall be deposited into the Proposition 98 Reversion Account.
(q) (1) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential, or who fails to complete the period of placement, the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California.
(2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials.
(r) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program.
(s) (1) Notwithstanding subdivision (c), the commission may allocate up to twenty-five million dollars ($25,000,000) of the amount appropriated pursuant to subdivision (b) to capacity and sustainability grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to expand, strengthen, improve access to, or create teacher residency programs.
(2) (A) The commission shall determine the number of capacity and sustainability grants to be awarded and the amount of the applicable grants.
(B) Individual Notwithstanding subparagraph (A), individual capacity and sustainability grants shall not exceed two hundred fifty thousand dollars ($250,000) range between one hundred thousand dollars ($100,000) and three hundred thousand dollars ($300,000) per grant recipient.
recipient, depending on the size of the program.
(t) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 72.
Section 44415.6 of the Education Code is amended to read:
44415.6.
(a) (1) For the 2022–23 fiscal year, the sum of one hundred eighty-four million dollars ($184,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Section 44415.5 to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors pursuant to this section. This funding shall be available for encumbrance until June 30, 2027.
(2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded.
(b) For purposes of this section, the following definitions apply:
(1) “Mentor school counselor” means a school counselor who meets all of the following requirements:
(A) Has at least three years of experience and holds a clear pupil personnel services credential with a specialization in school counseling.
(B) Has a record of successful counseling as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(2) “School counselor residency program” means a grant applicant-based program that partners with one or more commission-approved professional preparation programs offering preparation in school counseling provided by a regionally accredited institution of higher education in which a prospective school counselor works at least one-half time alongside a school counselor of record, who is designated as the mentor school counselor, for at least one full school year while engaging in initial preparation coursework.
(c) Of the amount appropriated pursuant to subdivision (a), the commission shall determine how to prioritize funding for residency programs that serve school counselors in training. Funds allocated for teacher residencies shall be subject to the requirements of, and administered pursuant to, subdivisions (c) to (r), inclusive, of Section 44415.5.
(d) Funds allocated by the commission for school counselor residency placements shall be administered pursuant to the following:
(1) The commission shall make one-time grants to grant applicants to establish new school counselor residency programs or add school counselor residencies to existing teacher residency programs that support local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse school counselor workforce that reflects a local educational agency community’s diversity.
(2) Grant recipients shall work with one or more commission-accredited professional preparation programs specializing in school counseling and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident school counselors who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(3) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority or a county office of education.
(e) Grants allocated for school counselor residencies pursuant to subdivision (c) shall be up to forty thousand dollars ($40,000) per school counselor candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient at a rate of 80 percent of the first twenty-five thousand dollars ($25,000) of the grant amount received per participant, as described in subdivision (g). Residents are also eligible for other forms of federal, state, and local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following:
(1) School counselor preparation costs.
(2) Stipends for mentor school counselors.
(3) Residency program staff costs.
(4) Compensation for residents.
(f) A school counselor residency grant recipient shall not use more than 5 percent of a grant award for program administration costs.
(g) A school counselor residency grant recipient shall provide a match of grant funding in the form of one or both of the following:
(1) Eighty cents ($0.80) for every one dollar ($1) of the first twenty-five thousand dollars ($25,000) in grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (e).
(2) An in-kind match of program director personnel costs, mentor personnel costs, resident compensation costs, or other personnel costs related to the grant program, provided by the grant recipient.
(h) School counselor residency grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a pupil personnel services credential with a specialization in school counseling that will authorize the candidate to perform the following duties:
(A) Develop, plan, implement, and evaluate a school counseling and guidance program that includes academic, career, personal, and social development.
(B) Advocate for the high academic achievement and social development of all pupils.
(C) Provide schoolwide prevention and intervention strategies and counseling services.
(D) Provide consultation, training, and staff development to teachers and parents regarding pupils’ needs.
(E) Supervise a local educational agency-approved educational counseling program as described in Section 49600.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Engaging with, advocating for, and providing support for, all pupils with respect to learning and achievement.
(B) Planning, implementing, and evaluating programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, pupils with disabilities, and pupils at all levels of academic, social, and emotional abilities.
(C) Using multiple sources of information to monitor and support strategies to improve pupil behavior and achievement.
(D) Collaborating and coordinating with school and community resources.
(E) Promoting and maintaining a safe learning environment for all pupils by supporting the provision of restorative justice practices, positive behavior interventions, and support services.
(F) Intervening to ameliorate school-related problems, including issues related to chronic absences.
(G) Using research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying.
(H) Improving school climate and pupil well-being.
(I) Enhancing pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs.
(J) Providing counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services.
(3) Prepare candidates to work as a school counselor in a school within the jurisdiction of the grant recipient in which they will work and learn the school culture and climate of the grant recipient.
(4) Group school counselor candidates in cohorts, to the extent practicable, to facilitate professional collaboration among residents, and ensure candidates are enrolled in a professional development program that is organized to support a high-quality school counselor learning experience in a supportive work environment.
(5) (A) For grants awarded during and after the 2023–24 fiscal year, provide a minimum compensation package, which can include, but is not limited to, a living stipend or wages for employment of no less than twenty thousand dollars ($20,000) per candidate. Nothing in this section precludes a grant recipient from providing a larger compensation package to candidates, and grant recipients are encouraged to provide a compensation package to residents that is similar to the grant recipient’s compensation of school staff with comparable duties.
(B) To the extent a grant recipient received an award of up to twenty-five thousand dollars ($25,000) per candidate before the 2023–24 fiscal year and is serving candidates during and after the 2023–24 school year with that award, and commits to providing the minimum compensation package to those candidates, the grant recipient may submit the number of those candidates and associated per-resident award to the commission for an additional per-resident allocation for a combined per-resident total of up to forty thousand dollars ($40,000).
(i) To receive a grant that supports school counselor residencies, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(j) When selecting residency grant recipients that include school counselors, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for school counselors, and to propose to establish or expand a residency program that recruits, prepares, and supports school counselors to work in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the school counselor workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals.
(B) A school that is located in either a rural location or a densely populated region.
(k) (1) A school counselor candidate in a residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in one or more schools within the jurisdiction of the grant recipient that sponsored the candidate or another public school in California for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a pupil personnel services credential. The candidate shall also commit in the written agreement to annually reporting to their sponsoring local educational agency where they are employed and their current contact information until they have completed their service requirement or eight years after completion of residency, whichever occurs first.
(2) A candidate shall have eight school years to complete the four-school-year school counselor commitment.
(3) This subdivision shall apply to any current candidate or school counselor that participates in a residency program under this section.
(l) If a candidate is unable to complete a school year as a school counselor, that school year may still be counted toward the required four complete school years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to work as a school counselor due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(m) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (r).
(n) For purposes of administering a school counselor residency grant program pursuant to subdivision (d), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (k).
(o) (1) If the commission is informed that more than 10 percent of sponsored school counselor residency candidates in a local educational agency’s yearly program cohort failed to earn a pupil personnel services credential or meet their commitment to work as a school counselor pursuant to subdivision (k), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a pupil personnel services credential or meet their service commitment above a 10-percent attrition rate.
(2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate worked as a school counselor at least one year, but less than four years, at one or more public schools in California.
(3) A candidate who obtains a waiver pursuant to subdivision (m) shall not count toward the 10-percent attrition rate.
(p) Upon confirming the amount to be recovered from the school counselor residency grant recipient pursuant to subdivision (o), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate worked as a school counselor and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(q) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (p) shall be deposited into the Proposition 98 Reversion Account.
(r) (1) School counselor residency grant recipients may recover from a sponsored candidate who fails to earn a pupil personnel services credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate worked as a school counselor at least one year, but less than four years, at a public school in California.
(2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials.
(s) School counselor residency grant recipients shall not charge a school counselor resident a fee to participate in a school counselor residency grant program.
(t) (1) Notwithstanding subdivision (d), the commission may allocate up to ten million dollars ($10,000,000) of the amount appropriated pursuant to subdivision (a) to capacity and sustainability grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to create school counselor residency programs that lead to more credentialed school counselors that reflect a local educational agency community’s diversity.
(2) (A) The commission shall determine the number of capacity and sustainability grants to be awarded and the amount of the applicable grants.
(B) Notwithstanding subparagraph (A), individual capacity and sustainability grants shall not exceed two hundred fifty thousand dollars ($250,000) range between one hundred thousand dollars ($100,000) and three hundred thousand dollars ($300,000)
per grant recipient. recipient, depending on the size of the program.
(u) The commission shall conduct an evaluation of the school counselor residency grants allocated pursuant to this section to determine the effectiveness of this program in recruiting, developing support systems for, and retaining school counselors, and provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 1, 2029.
(v) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
SEC. 73.
Section 44415.71 is added to the Education Code, immediately following Section 44415.7, to read:
44415.71.
(a) For the 2026–27 fiscal year, the Commission on Teacher Credentialing shall use the funding appropriated in Item 6100-488 of the Budget Act of 2026 for allocation to the statewide technical assistance center established pursuant to Section 44415.7 for the following purposes:
(1) Support expanded regional technical assistance for teacher residency programs through June 30, 2034.
(A) The center shall partner with an additional local educational agency to ensure statewide coverage of regional partner county offices of education.
(B) In addition to providing the technical assistance outlined in Section 44415.7, the center shall also provide support and guidance to local educational agencies on implementing teacher apprenticeship and grow-your-own preparation programs, and retention programs, including, but not limited to, the National Board for Professional Teaching Standards Certification Incentive Program pursuant to Section 44395.
(b) On or before December 31, 2034, the Commission on Teacher Credentialing shall submit a report to the Governor and the appropriate policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code, on the impact of the statewide technical assistance center in providing technical assistance to local educational agencies, county offices of education, and other partners to support educators, including recommendations to improve and sustain statewide support systems.
SEC. 74.
Section 44415.9 is added to the Education Code, to read:
44415.9.
(a) (1) For the 2026–27 fiscal year, the sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Sections 44415.5 and 44415.6 to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors. This funding shall be available for encumbrance until June 30, 2030.
(2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded.
(b) Funds appropriated pursuant to subdivision (a) shall be available for capacity and sustainability grants authorized pursuant to subdivision (s) of Section 44415.5 and subdivision (t) of Section 44415.6.
(c) It is the intent of the Legislature that the commission utilizes the grant management system developed pursuant to subdivision (c) of Section 44400.03 to streamline the Teacher Residency Grant Program application and administration with other educator recruitment and retention programs administered by the commission.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year.
SEC. 75.
Section 44418 of the Education Code is amended to read:
44418.
This article shall remain in effect only until January 1, 2030, 2036, and as of that date is repealed.
SEC. 76.
Article 4 (commencing with Section 44475) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:
Article 4. Student Support and Professional Development Block Grant
44475.
(a) For the 2026–27 fiscal year, the sum of four billion four hundred million one hundred sixty-three thousand dollars ($4,400,163,000) is hereby appropriated from the General Fund to the department for the Student Support and Professional Development Discretionary Block Grant, established pursuant to Chapter 8 of the Statutes of 2025, for allocation to county offices of education, school districts, charter schools, and the state special schools for discretionary purposes, including, but not limited to, all of the following:
(1) Providing standards-aligned professional development for teachers on the English Language Arts/English Language Development Framework and the Literacy Roadmap, including strategies to support literacy for English learners, and effective language acquisition programs for English learners, which may include integrated language development within and across content areas, and building and strengthening capacity to increase bilingual and biliterate proficiency.
(2) Providing standards-aligned professional development for teachers on the Mathematics Framework for California Public Schools.
(3) Providing professional development for certificated and classified educators of transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, and elementary schoolsite administrators on the principles and guidelines of developmentally appropriate instruction, including developmentally appropriate behaviors and behavior interventions, and developmentally appropriate transitional kindergarten pursuant to subdivision (d) of Section 48000 of the Education Code, to improve the implementation of transitional kindergarten.
(4) Developing and expanding teacher recruitment and retention strategies, including, but not limited to, coaching and mentoring of staff serving in an instructional setting, and beginning teacher or administrator induction.
(5) Expanding career pathways and dual enrollment efforts, consistent with the Master Plan for Career Education.
(6) Community school and promising neighborhood partnerships pursuant to the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1).
(7) Deferred maintenance of school facilities.
(8) Addressing rising costs.
(b) The department shall allocate funds proportionally to county offices of education, school districts, charter schools, and the state special schools on the basis of an equal amount per unit of average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as those numbers were reported as of the second principal apportionment for the 2025–26 fiscal year. The average daily attendance for each state special school shall be deemed to be 97 percent of the enrollment as reported in the California Longitudinal Pupil Achievement Data System as of the 2025–26 Fall 1 Submission.
(c) (1) Funding appropriated pursuant to this section shall be available for expenditure through June 30, 2032. County offices of education, school districts, charter schools, and the state special schools are encouraged, but not required, to use funds received pursuant to this section for the purposes described in paragraphs (1) to (8), inclusive, of subdivision (a). On or before September 30, 2032, each county office of education, school district, charter school, and state special school receiving an allocation pursuant to this section shall report final expenditures to the department, which shall initiate collection of any unexpended funds on or before January 31, 2033.
(2) Notwithstanding paragraph (1), if a charter school ceases to operate before June 30, 2032, a final expenditure report shall be due to the department within 60 days of the effective date of closure and the department shall collect any unexpended funds allocated to the charter school.
(d) As a condition of receiving funds apportioned pursuant to this section, a school district, county office of education, charter school, or state special school shall do all of the following, as applicable:
(1) A school district or charter school with an existing declining enrollment or projected declining enrollment in the next five years shall hold a public hearing on their plans to address the declining enrollment’s impacts on the local educational agency, including, but not limited to, schoolsite closures or consolidations.
(2) Ensure that none of their employees are charged a fee for professional services, including, but not limited to, beginning teacher induction program costs and professional development costs, during the grant period pursuant to this section.
(e) Allocations made pursuant to subdivision (b) shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 of the Government Code and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts pursuant to an audit only by reducing amounts owed by the state to school districts for any other mandate claims. Under no circumstances shall a school district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature.
(f) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), three hundred eighty-three million eight hundred twenty thousand dollars ($383,820,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), two billion four hundred thirty million eight hundred forty-eight thousand dollars ($2,430,848,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
(3) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), one billion five hundred eighty-five million four hundred ninety-five thousand dollars ($1,585,495,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year.
SEC. 77.
Section 44690.1 is added to the Education Code, immediately following Section 44690, to read:
44690.1.
(a) For the 2026–27 fiscal year, the department shall use the funding appropriated in Item 6100-488 of the Budget Act of 2026 to support the 21st Century California School Leadership Academy established pursuant to Section 44690 to support statewide professional learning opportunities, including, but not limited to, all of the following:
(1) Professional learning, including training and coaching to support principals, teacher leaders, and other school leaders in critical areas, as determined by the department and the California Collaborative for Educational Excellence.
(2) Professional learning, including training and coaching for educators pursuing a preliminary administrative services credential or a clear administrative services credential in a program approved by the commission and educators with a valid certificate of eligibility.
(3) Continuing or expanding professional learning funded pursuant to Section 142 of Chapter 44 of the Statutes of 2021.
(b) The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2031.
SEC. 78.
Section 44965 of the Education Code is amended to read:
44965.
The governing board of any school district shall provide for leave of absence from duty for any certificated employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician.
Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school district.
Except as provided herein, written and unwritten employment policies and practices of any school district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
This section shall be construed as requiring the governing board of a school district to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability.
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 79.
Section 44965 is added to the Education Code, to read:
44965.
(a) (1) A public school employer shall provide for a leave of absence from duty for a certificated employee of the public school employer who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.
(2) For part-time certificated employees, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following:
(A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer.
(B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the six-month period immediately preceding the date that the employee began their paid leave.
(ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the entire period of that employment preceding the date that the employee began their paid leave.
(3) Notwithstanding any other law, a public school employer shall maintain group health coverage for an employee who takes a leave of absence under this section for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence.
(4) A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee for subsequent injury, illness, or disabilities, including those caused or contributed to by pregnancy, miscarriage, or childbirth, pursuant to state or federal regulations or laws, except as provided in subdivision (e).
(5) Compensation during the leave of absence taken under this section shall include retirement fund contributions required of the public school employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions to the retirement fund.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a public school employer.
(c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
(d) Except as provided in this section, there are no eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under this section.
(e) A public school employer that has elected to become an employer subject to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code pursuant to Section 710.4 of the Unemployment Insurance Code may apply the disability benefits of an employee under Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code in partial satisfaction of the requirements of this section. Full satisfaction of the requirements of this section is met if the employer ensures that the employee receives the full amount of pay during the leave of absence required by this section without a reduction to the vacation, sick, or other compensated leave time balances of the employee.
(f) This section shall not apply to any employee classified as a substitute or temporary employee.
(g) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section.
(h) For purposes of this section, “public school employer” means a school district, county office of education, charter school, or educational joint powers authority.
(i) This section shall become operative on January 1, 2027.
SEC. 80.
Section 45037 of the Education Code is amended to read:
45037.
(a) Except as provided in Section 45036, for the a fiscal year 2001-02 and for any fiscal year thereafter in which a person renders service as a teacher in kindergarten or any of grades 1 to 12, inclusive, who does not have a valid credential or certification document, as those terms are defined in Sections 44002 and 44007, or for a charter school, as described in
subdivision (l) of Section 47605 or subdivision (l) of Section 47605.6, the school district or district, county office of education in which
education, or charter school that the person is employed by shall be assessed a penalty that shall be calculated as provided in subdivision (b) and withheld from state funding otherwise due to the district or school district, county office of education. education, or charter school.
(1) Notwithstanding Section 46300,
Sections 46300 and 47612.5, the attendance of the noncertificated person’s pupils during the period of service shall be included in the computation of average daily attendance.
(2) The noncertificated person’s period of service shall not be excluded from the determination of eligibility for instruction time pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26. 26 of Division 4, or, for a charter school, pursuant to Section 47612.5.
(b) (1) For each person who rendered service in the employment of the district or
school district, county office of education
education, or charter school
as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, add the total number of schooldays on which the person rendered any amount of the service.
(2) For each person who rendered service in the employment of the district or school district, county office of education education, or charter school as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, for a period of service during which the person did not have a valid certification document, add the number of schooldays on which the
person rendered any amount of the service without a valid certification document.
(3) Divide the number determined in paragraph (2) by the number determined in paragraph (1) and carry the result to four decimal places.
(4) Multiply a school district’s or charter school’s local control funding formula grant apportionment for the fiscal year, calculated pursuant to Section 42238.02, as implemented by Section 42238.03, or a county office of education’s local control funding formula alternative education grant computed pursuant to Section 2574, as apportioned pursuant to Section 2575, for the fiscal year, for the program in which the noncertificated person rendered service by the number determined in paragraph (3).
(c) Beginning in 2002–03, if If a county office of education releases a warrant in favor of a person for whom a period of school district service is included in the calculation set forth in paragraph (2) of subdivision (b), and the warrant is either compensation for employment as a teacher or for employment in some other capacity if the county office of education has direct knowledge or is in possession of information giving rise to a reasonable inference that the person is rendering service as a teacher, the county office of education shall be assessed a penalty. The penalty assessed to a county office of education
for any fiscal year in which one or more school district teachers did not have a valid certification document shall be equal to the lesser of three amounts as follows:
(1) Fifty percent of all penalties assessed for that fiscal year to all school districts in the county office’s office of education’s jurisdiction pursuant to subdivision (b).
(2) One-half percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office’s
office of education’s county school service fund, when two or fewer
school districts in the county office’s office of education’s jurisdiction are subject to penalties pursuant to subdivision (b).
(3) One percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office’s office of education’s county school service fund, when three or more
school
districts in the county office’s office of education’s jurisdiction are subject to penalties pursuant to subdivision (b).
(d) Except as provided in Section 41344.1, nothing in this section may be waived in whole or in part.
SEC. 81.
Section 45125.1 of the Education Code is amended to read:
45125.1.
(a) Any entity that has a contract with a local educational agency shall ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee, pupils has a valid criminal records summary as described in Section 44237. When the contracting entity performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency that it is contracting with pursuant to the subsequent arrest service.
(b) (1) This section does not apply to an entity providing services to a local educational agency, as described in subdivision (a), in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.
(2) Notwithstanding subdivision (a), an employee of any entity that has a contract with a local educational agency, and that offers work experience opportunities for pupils, including, but not limited to, opportunities pursuant to Section 51760, 52336, 52372, 52410, or 52460, Article 1 (commencing with Section 52300), Article 5 (commencing with Section 52381), or Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4, Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4, Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4, or Part 54.5 (commencing with Section 88820) of Division 7 of Title 3, or workplace placements as part of a pupil’s individualized education program, including, but not limited to, the services described in Article 3 (commencing with Section 56470) of Chapter 4.5 of Part 30 of Division 4, is not required to have a valid criminal records summary pursuant to subdivision (a) if all of the following requirements are met:
(A) At least one adult employee in the workplace during the pupil’s work hours, who has direct contact with the pupil and has been designated by the employer as the employee of record who is responsible for the safety of the pupil, has a valid criminal records summary as described in Section 44237.
(B) A staff representative of the local educational agency makes visitations as specified in a pupil’s individualized education program, or, if unspecified, at least once every three weeks to consult with the pupil’s workplace liaison, observe the pupil at the workplace, and check in with the pupil to ensure the pupil’s health, safety, and welfare, including by addressing any concerns the pupil has raised.
(C) The parent or guardian of the pupil has signed a consent form regarding the pupil’s work placement, attesting that the parent or guardian understands the duties assigned to the pupil and the nature of the workplace environment.
(3) If a pupil participates in services provided by a contractor as part of an independent study program and the pupil is under the immediate supervision and control of the pupil’s parent or guardian during the provision of those services, the local educational agency shall do either of the following:
(A) Verify completion of a valid criminal records summary for all employees of the contractor who interact with the pupil.
(B) Ensure that the parent or guardian of the pupil has signed a consent form before the pupil’s interaction with a person employed by the contractor, attesting that the parent or guardian understands that the person employed by the contractor has not completed a valid criminal records summary as described in Section 44237.
(c) On a case-by-case basis, a local educational agency may require an entity with whom it has a contract to comply with the requirements of this section for employees in addition to those described in subdivision (a). The entity shall prepare and submit those employee’s fingerprints to the Department of Justice, as described in subdivision (a).
(d) (1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or email to the employer.
(2) The Department of Justice, at its discretion, may notify the local educational agencies in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1.
(3) The Department of Justice shall forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses that, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication.
(e) (1) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1.
(2) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(3) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the employee has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the local educational agency in which the employee is a resident.
(f) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall certify in writing to the local educational agency that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may interact with pupils have been convicted of a felony as defined in Section 45122.1.
(g) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section.
(h) (1) For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a local educational agency, as described in subdivision (a), shall be considered an employee of that entity.
(2) To protect the safety of any pupil that may interact with an employee of an entity that is a sole proprietorship and has a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c), a local educational agency shall prepare and submit the employee’s fingerprints to the Department of Justice, as described in subdivision (a).
(i) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county office of education, or charter school.
SEC. 82.
Section 45193 of the Education Code is amended to read:
45193.
The governing board of any school district may provide for such leave of absence from duty as it deems appropriate for any female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy.
This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 83.
Section 45193 is added to the Education Code, to read:
45193.
(a) (1) A public school employer shall provide for a leave of absence from duty for an employee in the classified service of the public school employer who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions.
(2) For part-time employees in the classified service, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following:
(A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer.
(B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the six-month period immediately preceding the date that the employee began their paid leave.
(ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the entire period of that employment preceding the date that the employee began their paid leave.
(3) Notwithstanding any other law, a public school employer shall maintain group health coverage for an employee who takes a leave of absence under this section for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence.
(4) A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee for subsequent injury, illness, or disabilities, including those caused or contributed to by pregnancy, miscarriage, or childbirth, pursuant to state or federal regulations or laws, except as provided in subdivision (e).
(5) Compensation during the leave of absence taken under this section shall include retirement fund contributions required of the public school employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions to the retirement fund.
(b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a public school employer.
(c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities.
(d) Except as provided in this section, there are no eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under this section.
(e) A public school employer that has elected to become an employer subject to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code pursuant to Section 710.4 of the Unemployment Insurance Code may apply the disability benefits of an employee under Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code in partial satisfaction of the requirements of this section. Full satisfaction of the requirements of this section is met if the employer ensures that the employee receives the full amount of pay during the leave of absence required by this section without a reduction to the vacation, sick, or other compensated leave time balances of the employee.
(f) This section shall not apply to any employee classified as a substitute or temporary employee.
(g) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).
(h) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section.
(i) For purposes of this section, “public school employer” means a school district, county office of education, charter school, or educational joint powers authority.
(j) This section shall become operative on January 1, 2027.
SEC. 84.
Section 46120 of the Education Code is amended to read:
46120.
(a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities.
(2) The Expanded Learning Opportunities Program is hereby established.
(b) (1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements.
(2) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraphs (B) and (C) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program.
(3) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (D) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program.
(4) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to paragraph (1) of subdivision (d), expanded learning opportunity programs shall include all of the following:
(A) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 180-instructional-day offering as described in Section 46208 for school districts and the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations for charter schools, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
(B) (i) For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day.
(ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
(C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no fewer than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no fewer than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays.
(5) Local educational agencies operating expanded learning opportunity programs pursuant to this section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following:
(A) The department’s guidance.
(B) Section 8482.6.
(C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3.
(D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1.
(6) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area.
(7) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity programs provided pursuant to this section.
(8) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6.
(9) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas.
(10) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.
(11) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours.
(12) For a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions listed in Section 41422 or subdivision (d) of Section 8482.8, and is not able to meet all of the requirements pursuant to paragraph (1), which is in fact shown by a resolution adopted by the governing board or body of the local educational agency, in addition to documentation substantiating the need for closure, the local educational agency shall not be subject to the penalty required pursuant to paragraphs (1) to (3), inclusive, of subdivision (c) as a result of the emergency.
(13) (A) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations.
(B) Notwithstanding any other law, an expanded learning opportunity program operating pursuant to this section may operate without obtaining a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph.
(C) Notwithstanding subparagraph (B), an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code, as of June 1, 2023, shall maintain that license or permit capacity as a requirement of contracting pursuant to this section until June 30, 2025. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph.
(D) Nothing in this section exempts an expanded learning opportunity program operating pursuant to this section from complying with the child daycare facility license requirements set forth in Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code when serving children who do not participate in the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1), 21st Century Community Learning Centers (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1), or the Expanded Learning Opportunities Program pursuant to this section. If multiple funding sources are used to serve pupils in an expanded learning opportunity program, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements.
(c) (1) (A) Commencing with the 2023–24 fiscal year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b).
(B) Notwithstanding subparagraph (A), commencing with the 2025–26 fiscal year, a local educational agency that received funding pursuant to subparagraph (D) of paragraph (1) of subdivision (d) in the prior applicable fiscal year, and receives funding pursuant to subparagraph (C) of paragraph (1) of subdivision (d) in the current applicable fiscal year, shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with paragraph (3) of subdivision (b) for that current applicable fiscal year only and, for each fiscal year thereafter, shall be subject to an audit to determine compliance with paragraph (2) of subdivision (b).
(2) Commencing with the 2023–24 fiscal year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (2) or (3) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph.
(3) (A) Commencing with the 2023–24 fiscal year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements.
(B) Commencing with the 2023–24 fiscal year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements.
(d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (h), if applicable, in the following manner:
(A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(B) For the 2022–23 to 2024–25 fiscal years, inclusive, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(C) Commencing with the 2025–26 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 55 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(D) For all other local educational agencies not receiving an allocation under subparagraph (A), (B), or (C), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (h), if applicable, after the amount allocated pursuant to subparagraph (A), (B), or (C), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s
unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. The per-unit rate pursuant to this subparagraph shall not exceed the per-unit rate pursuant to subparagraph (C).
(C), and, commencing with the 2026–27 fiscal year, shall not be less than a per-unit rate of one thousand eight hundred dollars ($1,800).
(E) For purposes of allocating funding pursuant to subparagraphs (C) and (D) for the 2025–26 fiscal year only, the Superintendent shall calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades 1 to 6, inclusive, and the second period reported kindergarten and grades 1 to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to the following local educational agencies:
(i) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
(ii) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
(iii) Alma Fuerte Public in the City of Pasadena.
(iv) The Los Angeles Unified School District and the Pasadena Unified School District.
(2) (A) For the 2021–22 fiscal year to the 2024–25 fiscal year, inclusive, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000).
(B) Commencing with the 2025–26 fiscal year, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than one hundred thousand dollars ($100,000).
(3) (A) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities.
(B) Funds provided to a local educational agency pursuant to paragraph (1) may also be used to support attendance recovery pursuant to Article 9 (commencing with Section 46210) when attendance recovery is operated by a local educational agency in conjunction with, and on the same schoolsite as, its expanded learning opportunities program. A local educational agency that elects to use expanded learning opportunity program funds to support attendance recovery shall comply with the supervision requirements described in subdivision (f) of Section 46211.
(4) A local educational agency receiving funding pursuant to subparagraph (B) or (C) of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (B) or (C) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.
(5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure.
(6) (A) For the 2021–22 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2022–23 and 2023–24 fiscal years. Any encumbered funds pursuant to this paragraph that are not expended by the school district or charter school by September 30, 2024, shall be returned to the state.
(B) On or before October 31, 2024, each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (D) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the 2021–22 and 2022–23 fiscal years pursuant to subparagraphs (A), (B), and (D) of paragraph (1).
(C) (i) For the 2024–25 fiscal year, funds returned pursuant to subparagraph (A) shall be added to the amount of funds remaining from the appropriations in the calculation of the rate pursuant to subparagraph (D) of paragraph (1), and be expended consistent with paragraphs (9) and (10), up to the amount sufficient to provide the amount of two thousand dollars ($2,000) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(ii) If there is insufficient funding to provide the full amount described in clause (i), the Superintendent may prorate that amount per unit.
(7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows:
(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts.
(ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district.
(B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows:
(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts.
(ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district.
(iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district.
(iv) For purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district.
(8) (A) Beginning with (i) For the 2022–23 fiscal year to the 2025–26 fiscal year, inclusive, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program
improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds.
(ii) Beginning with the 2026–27 fiscal year, the department may allocate up to seven million five hundred dollars ($7,500,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55 and the state transformation assistance center activities pursuant to Section 8902. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds.
(B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs.
(9) (A) Commencing with the 2023–24 fiscal year, any funds allocated pursuant to subparagraphs (B), (C), and (D) of paragraph (1) shall be expended by June 30 of the fiscal year following the fiscal year in which the appropriation is made. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state. On or before September 30 of the second fiscal year following the fiscal year in which the appropriation is made, each local educational agency receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the fiscal year pursuant to subparagraph (B), (C), or (D) of paragraph (1).
(B) If a charter school receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) ceases to operate, a final expenditure report, using a template developed by the department, shall be due to the department within 60 days of the effective date of closure. The department shall collect any unspent amounts from funds allocated to the charter school in that fiscal year and the immediately preceding fiscal year.
(10) (A) Commencing with the 2025–26 fiscal year and annually thereafter, local educational agencies shall annually declare their operational intent to the department to run an expanded learning opportunity program pursuant to this section in accordance with instructions and forms prescribed and furnished by the Superintendent.
(B) To the extent possible, any funds made available by a local educational agency’s decision not to operate an expanded learning opportunity program may be reallocated pursuant to subparagraph (D) of paragraph (1).
(e) Commencing with the 2023–24 school year, the Superintendent, in consultation with the State Department of Social Services, shall establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency’s school campus pursuant to this section, and California state preschool program providers pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, to annually submit program access information to the department, which shall distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to the local educational agency’s applicable resource and referral agency. Information required to be submitted under this subdivision shall include, but not be limited to, all of the following:
(1) The name, address, and telephone number of each third party.
(2) The number of pupils being served by each third party, as well as the grade levels of those pupils.
(3) The State Department of Social Services child daycare facility license number of each third party, if applicable.
(4) A single point of contact for each local educational agency regarding expanded learning opportunity programs.
(f) By February 1, 2024, the Superintendent, in consultation with the State Department of Social Services, shall submit a report to the relevant fiscal and policy committees of the Legislature that includes all of the following:
(1) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year, and how many pupils are provided access to these programs.
(2) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during nonschooldays, and how many pupils are provided access to these programs.
(3) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site in the 2023–24 and 2024–25 fiscal years who are also licensed by the State Department of Social Services for purposes of community care licensing, the type of programs that are licensed by the State Department of Social Services for purposes of community care licensing, and how many pupils are provided access to their programs.
(4) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during the fiscal year, how many contractors they work with, and the number of pupils provided access to these programs, by grade.
(5) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during nonschooldays, how many contractors they work with, and the number of pupils provided access to these programs, by grade.
(g) For purposes of this section, the following definitions apply:
(1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities.
(2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of fewer than 11 persons per square mile.
(3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to Section 47605.5.
(4) “Nonschooldays” means days not identified pursuant to subparagraph (A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in Section 37223.
(5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels, including, but not limited to, publishing program availability information in local educational agency pupil enrollment forms, on the local educational agency internet website, and posted publicly at each program site in a location accessible to the public.
(6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program. If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency.
(7) “Unduplicated pupil” has the same meaning as in Section 42238.02.
(h) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section.
(i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (h) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 85.
Section 46141 of the Education Code is amended to read:
46141.
The minimum schoolday in a high school is 240 minutes, except in an evening high school, an early college high school, a middle college high school, a dual enrollment program that is part of a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004, a regional occupational center, an opportunity school and in opportunity classes, a continuation high school, in continuation education classes, in late afternoon or Saturday occupationally organized vocational training programs conducted under a federally approved plan for vocational education, and for students enrolled in a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28.
SEC. 86.
Section 46146 of the Education Code is amended to read:
46146.
(a) A day of attendance in grades 11 and 12 is 180 minutes of attendance if the pupil is also enrolled part time in classes of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses.
(b) A day of attendance for any pupil who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27 and who will receive academic credit upon satisfactory completion of enrolled courses is 180 minutes of attendance.
(c) Notwithstanding any other provisions of
law, for purposes of computing the average daily attendance of a pupil described in subdivision (a) or (b), the 180-minute minimum schoolday permitted by this section shall be computed and reported as attendance for three-quarters of the full 240-minute minimum schoolday prescribed by Section 46141. 46141, except as provided in Section 46146.5. Commencing with the 1995–96 fiscal year, if a pupil described in subdivision (a) or (b) is in attendance for more than 180 minutes, the average daily attendance of the pupil shall be computed and reported by determining the percentage of the full 240-minute minimum schoolday prescribed by Section 46141 that the pupil was in attendance at the school. No more than one full day of attendance may be reported for any pupil for any schoolday pursuant to this
subdivision.
SEC. 87.
Section 46146.5 of the Education Code is amended to read:
46146.5.
(a) A day of attendance for a pupil enrolled in grade 11 or 12 at in an early college high school or school, a middle college high school school, or dual enrollment courses offered by a local educational agency with or without a College and Career Access Pathways partnership
agreement consistent with the requirements of Section 76004
is 180 minutes of attendance if the pupil is also enrolled part time in courses of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses.
(b) A day of attendance for a pupil enrolled in an early college high school or school, a middle college high school, or dual enrollment courses offered by a local educational agency with or without a College and Career Access Pathways partnership agreement who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part
27, and who will receive academic credit upon satisfactory completion of enrolled courses, is 180 minutes of attendance.
(c) A day of attendance for a pupil enrolled in an early college high school or school, a middle college high school school, or dual enrollment courses offered by a local educational agency with or without a College and Career Access Pathways partnership agreement who does not satisfy subdivision (a) or (b) is 240 minutes of attendance.
(d) For a charter school that is an early college high school or middle college high school, for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of a pupil enrolled in grade 11 or 12 for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5 if the pupil is also enrolled part time in courses of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses.
(e) For a charter school that is an early college high school or middle college high school, for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5 if the pupil is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27, and who will receive academic credit upon satisfactory completion of enrolled courses.
(f) For a pupil enrolled in a charter school that is an early college high school or middle college high school and who does not satisfy the attendance and enrollment requirements of subdivision (d) or (e), for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of the pupil for a minimum of 67 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5.
(g) For purposes of this section, middle college high school is described in Section 11300 and early college high school is described in Section 11302.
the following definitions apply:
(1) “College and Career Access Pathways partnership agreement” has the same meaning as described in Section 76004.
(2) “Early college high school” has the same meaning as described in Section 11302.
(3) “Local educational agency” means a school district, county office of education, or charter school.
(4) “Middle college high school” has the same meaning as described in Section 11300.
(h) The requirements of this section shall be subject to annual audits, which shall be conducted pursuant to Section 41020.
SEC. 88.
Section 46149 is added to the Education Code, to read:
46149.
Notwithstanding any other law, a school district, county office of education, or charter school that offers grades 10 and 12 shall also offer and enroll pupils in grade 11.
SEC. 89.
Section 46392 of the Education Code is amended to read:
46392.
(a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) Epidemic.
(5) 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.
(9) Snowstorm.
(b) (1) In the event a state of emergency is declared by the Governor in a county, 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 charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency.
(2) The period determined by the 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 charter school, to the satisfaction of the 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.
(3) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or 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 charter school had the emergency not occurred or had the order not been issued.
(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i) The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1) (A) In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B) In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C) In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2) (A) In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B) In the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school district’s local control funding formula apportionment pursuant to Section 2576.
(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202.
(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1) For the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2) For the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years.
(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years.
(g) (1) Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025:
(A) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
(B) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
(C) Alma Fuerte Public in the City of Pasadena.
(2) For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 school days, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school. The amount calculated shall be adjusted to account for the increase in the add-on amount for transitional kindergarten pursuant to paragraph (3) of subdivision (g) of Section 42238.02 from the 2024–25 to 2025–26 fiscal years, inclusive, in a manner that ensures that the charter schools identified in paragraph (1) are not negatively impacted for the difference in the funding increase for transitional kindergarten.
(3) Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment.
(h) (1) Notwithstanding any other law, for charter schools listed in paragraph (1) of subdivision (g), the Superintendent shall calculate 30 percent of the charter school’s local control funding formula entitlement pursuant to Section 42238.02 as of the 2024–25 first principal apportionment and allocate that amount for each charter school in the 2026–27 fiscal year.
(2) In the 2026–27 fiscal year, the Superintendent shall allocate four million dollars ($4,000,000) to Pasadena Unified School District to help address outstanding and ongoing recovery-related costs that resulted from the state of emergency that was declared by the Governor in January 2025.
(i) This section applies to any average daily attendance that occurs during any part of a school year.
SEC. 90.
Section 47604.3 of the Education Code is amended to read:
47604.3.
A charter school and an entity managing a charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its respective financial records, records and contracts, from its chartering authority, the county office of education
superintendent of schools
that has jurisdiction over the charter school’s chartering authority, or from the Superintendent of Public Instruction and shall consult with the chartering authority, the county office of education, superintendent of schools, or the Superintendent of Public Instruction regarding any inquiries.
SEC. 91.
Section 47604.32 of the Education Code is amended to read:
47604.32.
(a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority:
(1) Identify at least one staff member as a contact person for the charter school.
(2) Visit each charter school schoolsite approved in the charter petition or material revision that has been established by the charter school at least annually.
(3) Ensure Verify
that each charter school under its authority complies with all reports required of charter schools by law, including the local control and accountability plan and annual update to the local control and accountability plan required pursuant to Section 47606.5.
(4) Monitor the fiscal condition condition, including enrollment and attendance data, and make periodic checks of credit and debit card transactions of each charter school under its authority.
(5) Provide the governing body of the charter school with feedback on any issues of concern identified pursuant to paragraph (4) and an opportunity to respond. If in the course of the review, the chartering authority has reasonable suspicion that fraud, misappropriations of public funds, embezzlement, or other financial crimes may be occurring, the chartering authority shall notify the Superintendent and the county superintendent of schools.
(6) Provide timely notification to the department Superintendent if any of the following circumstances occur
occurs or will occur with regard to a charter school for which it is the chartering authority:
(A) A renewal of the charter is granted or denied.
(B) The charter is revoked.
(C) The charter school will cease operation for any reason.
(7) (A) After completing annual financial and compliance audit oversight responsibilities pursuant to Section 41020, identify and provide notification to the governing body of the charter school within 60 days of any material concern arising out of the chartering authority’s ongoing oversight and monitoring activities.
(B) For purposes of this paragraph, “material concern” means a concern that could lead to a decision of non-renewal or revocation of the charter, such as concerns regarding any of the following:
(i) Academic performance expectations.
(ii) Compliance with laws, contracts, or the terms of the charter.
(iii) Issues with fiscal conditions or governance procedures.
(iv) Issues pertaining to pupil health, or employee or pupil safety.
(v) Issues pertaining to equity or accessibility.
(b) Commencing July 1, 2027, each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority:
(1) (A) Visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school (i) upon the opening and (ii) pursuant to subparagraph (B) thereafter.
(B) Visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school at least once every two years.
(2) Annually attend, in person, at least one meeting of the governing body of the charter school.
(3) Review the agendas and minutes of the meetings of the governing body of the charter school.
(4) Conduct annual financial and compliance audit oversight responsibilities pursuant to Section 41020.
(5) Refer any credible allegations of fraud, misappropriation of funds, or other illegal fiscal practices received from third parties, or observed through the chartering authority’s duties, to the county superintendent of schools who may elect to exercise its authority pursuant to subdivision (c) of Section 1241.5, Section 47604.3, or Section 47604.4.
(c) (1) Commencing July 1, 2027, each chartering authority, in addition to any other duties imposed by this part, shall annually review, with respect to each nonclassroom-based charter school under its authority, the charter school’s average daily attendance. The chartering authority shall review a sample of independent study written agreements and work samples from each track to gauge whether the documents generally align with the reported attendance if the independent study average daily attendance reported by the charter school to the Superintendent for apportionment purposes has increased by 10 percent or more relative to the most recent prior principal apportionment reporting period, as defined in Section 41601, as follows:
(A) For the first principal reporting period compared to the prior year first principal reporting period.
(B) For the second principal reporting period compared to the current year first principal reporting period.
(C) For the annual principal reporting period compared to the current year second principal reporting period.
(2) If a review pursuant to paragraph (1) does not generally align with the reported attendance during the applicable apportionment reporting period, including subsequent corrected reports submitted to the chartering authority, the chartering authority shall request additional information to explain the misalignment.
(d) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.
(e) A charter school shall provide the chartering authority the necessary supporting documentation in order for the chartering authority to perform verification duties described in this section.
SEC. 92.
Section 47605 of the Education Code is amended to read:
47605.
(a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
(A) The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation.
(B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation.
(2) A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
(3) A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(4) After receiving approval of its petition, a charter school that proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter school’s charter.
(5) (A) A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
(i) First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
(ii) Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located.
(B) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
(C) Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity.
(D) (i) A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
(ii) The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
(E) The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
(6) Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.
(b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
(c) In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3) The petition does not contain the number of signatures required by subdivision (a).
(4) The petition does not contain an affirmation of each of the conditions described in subdivision (e).
(5) The petition does not contain reasonably comprehensive descriptions of all of the following:
(A) (i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements.
(B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school.
(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
(E) The qualifications to be met by individuals to be employed by the charter school.
(F) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following:
(i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii) The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3.
(G) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(H) Admission policies and procedures, consistent with subdivision (e).
(J)
(I) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
(i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story.
(ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights.
(II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(J) The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.
(K) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
(L) The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
(M) The procedures to be followed by the charter school and the chartering authority to resolve disputes relating to provisions of the charter.
(N) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(6) The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(7) The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
(A) The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
(B) Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
(8) The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
(d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school’s educational programs.
(e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of that pupil’s parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2) (A) A charter school shall admit all pupils who wish to attend the charter school.
(B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i) Each type of preference shall be approved by the chartering authority at a public hearing.
(ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving
low achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment.
(C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J)
(I) of paragraph (5) of subdivision (c).
(D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i) When a parent, guardian, or pupil inquires about enrollment.
(ii) Before conducting an enrollment lottery.
(iii) Before disenrollment of a pupil.
(E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii) The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(6) A charter school shall, at a governing body meeting, obtain the approval of the governing body of the charter school for any contract that would cause the charter school to compensate an individual contractor more than one hundred thousand dollars ($100,000) in a fiscal year.
(f) The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
(g) The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
(h) The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i) In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006.
(j) Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
(k) (1) (A) (i) If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education.
(ii) The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school district’s findings pursuant to paragraph (8) of subdivision (c).
(iii) As used in this subdivision, “material terms” of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
(B) If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
(2) If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
(A) The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education.
(B) If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
(C) Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
(D) The state board’s Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board.
(E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by both the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.
(3) A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
(4) A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the chartering authority to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.
(5) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board.
(6) If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
(l) (1) Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2) By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
(3) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(m) A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (c), to
its chartering authority, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering authority, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to provide for an annual and independent financial and compliance audit in accordance with Section 41020.
(n) A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 93.
Section 47605.6 of the Education Code is amended to read:
47605.6.
(a) (1) In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met:
(A) The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section.
(B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section.
(2) An existing public school shall not be converted to a charter school in accordance with this section.
(3) After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter school’s approved charter.
(4) A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. Following review of the petition and the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if it finds one or more of the following:
(1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3) The petition does not contain the number of signatures required by subdivision (a).
(4) The petition does not contain an affirmation of each of the conditions described in subdivision (e).
(5) The petition does not contain reasonably comprehensive descriptions of all of the following:
(A) (i) The educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii) If the proposed charter school will enroll high school pupils, the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools.
(iv) If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause.
(B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school.
(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D) The location of each charter school facility that the petitioner proposes to operate.
(E) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
(F) The qualifications to be met by individuals to be employed by the charter school.
(G) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following:
(i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
(ii) The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3.
(iii) That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
(H) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the county board of education to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
(J)
(I) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
(i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story.
(ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
(I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights.
(II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
(iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
(iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
(J) The manner by which staff members of the charter school will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.
(K) The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter.
(L) Admission policy and procedures, consistent with subdivision (e).
(M) The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
(N) The rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
(O) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(6) A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).
(7) Any other basis that the county board of education finds justifies the denial of the petition.
(c) A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter school’s operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education.
(d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall on a regular basis consult with their parents and teachers regarding the charter school’s educational programs.
(e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of the pupil’s parent or guardian, within this state.
(2) (A) A charter school shall admit all pupils who wish to attend the charter school.
(B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
(i) Each type of preference shall be approved by the chartering authority at a public hearing.
(ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200.
(iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving
low achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
(iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
(C) In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
(B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment.
(C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J)
(I)
of paragraph (5) of subdivision (b).
(D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
(i) When a parent, guardian, or pupil inquires about enrollment.
(ii) Before conducting an enrollment lottery.
(iii) Before disenrollment of a pupil.
(E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
(ii) The department shall develop a template to be used for filing complaints pursuant to clause (i).
(5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
(6) A charter school shall, at a governing body meeting, obtain the approval of the governing body of the charter school for any contract that would cause the charter school to compensate an individual contractor more than one hundred thousand dollars ($100,000) in a fiscal year.
(f) The county board of education shall not require an employee of the county or a school district to be employed in a charter school.
(g) The county board of education shall not require a pupil enrolled in a county program to attend a charter school.
(h) The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
(i) In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006.
(j) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and the state board.
(k) If a county board of education denies a petition, the petitioner shall not elect to submit the petition for the establishment of the charter school to the state board.
(l) (1) Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
(2) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
(m) A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to provide for an annual and independent financial and compliance audit in accordance with Section 41020.
(n) A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
(o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 94.
Section 47605.9 of the Education Code is amended to read:
47605.9.
(a) A petition to establish a charter school under this part may be submitted only to the governing board of the school district or county office of education within the boundaries of which the charter school proposes to locate.
(b) A charter school operating under a charter approved by the state board pursuant to Section 47605, as that section read on January 1, 2019, may continue to operate under the authority of that chartering authority only until the date on which the charter is up for renewal, at which point the charter school shall submit a petition for renewal to the governing board of the school district within the boundaries of which the charter school is located. If the governing board of the school district denies the renewal petition, the charter school may submit the petition for renewal directly to the state board, which shall review the petition in accordance with subparagraph (B) of paragraph (1) of subdivision (k) of Section 47605. If the state board grants renewal pursuant to Section 47607, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. Subsequent renewals shall be subject to the same requirements as other charter schools authorized by the designated chartering authority, including review by the state board in accordance with Section 47607 and paragraph (2) of subdivision (k) of Section 47605.
(c) A charter school operating under a charter approved by the state board pursuant to Section 47605.8, as that section read on January 1, 2019, may continue to operate under the authority of that chartering authority
only until the date on which the charter is up for renewal. The charter school shall submit a petition for renewal to the state board. If the state board grants renewal pursuant to Section 47607, the state board shall designate, in consultation with the petitioner, the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. A charter school assigned to a county board of education under this subdivision shall qualify as a charter school pursuant to Section 47605.6. 47605.6, but, notwithstanding any other law, for purposes of data collection and reporting, the charter school shall continue to disaggregate and report pupil-level data at the schoolsite level
consistent with how it reported data to the department when it was authorized under Section 47605.8, as that section read on January 1, 2019. Subsequent renewals shall be subject to the same requirements as other charter schools authorized by the same chartering authorities, including review by the state board in accordance with Section 47607 and paragraph (2) of subdivision (k) of Section 47605.
(d) A charter school designated to a new chartering authority pursuant to this section shall be regarded by the department as a continuing charter school for all purposes.
(e) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 95.
Section 47607 of the Education Code is amended to read:
47607.
(a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, 47605.6, and 47606 for a period not to exceed five years.
(2) A chartering authority may grant one or more subsequent renewals pursuant to subdivisions (b) and (c) and Section 47607.2. Notwithstanding subdivisions (b) and (c) and Section 47607.2, a chartering authority may deny renewal pursuant to subdivision (e).
(3) A charter school that, concurrently with its renewal, proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter. A material revision of the provisions of a charter petition may be made only with the approval of the chartering authority. A material revision of a charter is governed by the standards and criteria described in Section 47605.
(4) The findings of paragraphs (7) and (8) of subdivision (c) of Section 47605 shall not be used to deny a renewal of an existing charter school, but may be used to deny a proposed expansion constituting a material revision. For a material revision, analysis under paragraphs (7) and (8) of subdivision (c) of Section 47605 shall be limited to consideration only of the impact of the proposed material revision.
(5) The chartering authority may inspect or observe any part of the charter school at any time.
(b) Renewals and material revisions of charters are governed by the standards and criteria described in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. Notwithstanding any other law, and beginning on July 1, 2026, standards and criteria include timelines, deadlines, and other procedures referenced in subdivision (b) of Section 47605 or subdivision (b) of Section 47605.6, as applicable.
(c) (1) As an additional criterion for determining whether to grant a charter renewal, the chartering authority shall consider the performance of the charter school on the state and local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5.
(2) (A) The chartering authority shall not deny renewal for a charter school pursuant to this subdivision if either of the following apply for two consecutive years immediately preceding the renewal decision:
(i) The charter school has received the two highest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.
(ii) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or higher than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average.
(B) Notwithstanding subparagraph (A), if the two consecutive years immediately preceding the renewal decision include the 2019–20 or 2020–21 school year, the chartering authority shall not deny renewal for a charter school if either of the following apply for two of the most recent years for which state data is available preceding the renewal decision:
(i) The charter school has received the two highest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.
(ii) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or higher than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average.
(C) Notwithstanding subparagraphs (A) and (B), a charter school eligible for technical assistance pursuant to Section 47607.3 shall not qualify for renewal under this paragraph.
(D) A charter school that meets the criteria established by this paragraph and subdivision (a) of Section 47607.2 shall not qualify for treatment under this paragraph.
(E) The chartering authority that granted the charter may renew a charter pursuant to this paragraph for a period of between five and seven years.
(F) A charter that satisfies the criteria in subparagraph (A) or (B) shall only be required to update the petition to include a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed and as necessary to reflect the current program offered by the charter.
(3) For purposes of this section and Section 47607.2, “measurements of academic performance” means indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 that are based on statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, the English Language Proficiency Assessments for California, or any successor system, and the college and career readiness indicator.
(4) For purposes of this section and Section 47607.2, “subgroup” means numerically significant pupil subgroups as defined in paragraph (1) of subdivision (a) of Section 52052.
(5) To qualify for renewal under clause (i) of subparagraph (A) or (B) of paragraph (2), subparagraph (A) of paragraph (1) or (2) of subdivision (a) of Section 47607.2, or paragraph (3) of subdivision (a) of Section 47607.2, the charter school shall have schoolwide performance levels on at least two measurements of academic performance per year in each of the two consecutive years immediately preceding the renewal decision. To qualify for renewal under clause (ii) of subparagraph (A) or (B) of paragraph (2), subparagraph (B) of paragraph (1) or (2) of subdivision (a) of Section 47607.2, or paragraph (3) of subdivision (a) of Section 47607.2, the charter school shall have performance levels on at least two measurements of academic performance for at least two subgroups. A charter school without sufficient performance levels to meet these criteria shall be considered under subdivision (b) of Section 47607.2.
(6) For purposes of this section and Section 47607.2, if the dashboard indicators are not yet available for the most recently completed academic year before renewal, the chartering authority shall consider verifiable data provided by the charter school related to the dashboard indicators, such as data from the California Assessment of Student Performance and Progress, or any successor system, for the most recent academic year.
(7) Paragraph (2) and subdivisions (a) and (b) of Section 47607.2 shall not apply to a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5. In determining whether to grant a charter renewal for such a charter school, the chartering authority shall consider, in addition to the charter school’s performance on the state and local indicators included in the evaluation rubrics adopted pursuant to subdivision (c) of Section 52064.5, the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served. The chartering authority shall meet with the charter school during the first year of the charter school’s term to mutually agree to discuss alternative metrics to be considered pursuant to this paragraph and shall notify the charter school of the alternative metrics to be used within 30 days of this meeting. The chartering authority may deny a charter renewal pursuant to this paragraph only upon making written findings, setting forth specific facts to support the findings, that the closure of the charter school is in the best interest of pupils.
(d) (1) At the conclusion of the year immediately preceding the final year of the charter school’s term, the charter school authorizer
chartering authority may request, and the department shall provide, the following aggregate data reflecting pupil enrollment patterns at the charter school:
(A) The cumulative enrollment for each school year of the charter school’s term. For purposes of this chapter, cumulative enrollment is defined as the total number of pupils, disaggregated by race, ethnicity, and pupil subgroups, who enrolled in school at any time during the school year.
(B) For each school year of the charter school’s term, the percentage of pupils enrolled at any point between the beginning of the school year and census day who were not enrolled at the conclusion of that year, and the average results on the statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, for any such pupils who were enrolled in the charter school the prior school year.
(C) For each school year of the charter school’s term, the percentage of pupils enrolled the prior school year who were not enrolled as of census day for the school year, except for pupils who completed the grade that is the highest grade served by the charter school, and the average results on the statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, for any such pupils.
(2) When determining whether to grant a charter renewal, the chartering authority shall review data provided pursuant to paragraph (1), any data that may be provided to chartering authorities by the department, and any substantiated complaints that the charter school has not complied with subparagraph (J) of paragraph (5) of subdivision (c) of Section 47605 or with subparagraph (J) of paragraph (5) of subdivision (b) of Section 47605.6.
(3) As part of its determination of whether to grant a charter renewal based on the criterion established pursuant to subdivision (c) and subdivisions (a) and (b) of Section 47607.2, the chartering authority may make a finding that the charter school is not serving all pupils who wish to attend and, upon making such a finding, specifically identify the evidence supporting the finding.
(e) Notwithstanding subdivision (c) and subdivisions (a) and (b) of Section 47607.2, the chartering authority may deny renewal of a charter school upon a finding that the school is demonstrably unlikely to successfully implement the program set forth in the petition due to substantial fiscal or governance factors, or is not serving all pupils who wish to attend, as documented pursuant to subdivision (d). The chartering authority may deny renewal of a charter school under this subdivision only after it has provided at least 30 days’ notice to the charter school of the alleged violation and provided the charter school with a reasonable opportunity to cure the violation, including a corrective action plan proposed by the charter school. The chartering authority may deny renewal only by making either of the following findings:
(1) The corrective action proposed by the charter school has been unsuccessful.
(2) The violations are sufficiently severe and pervasive as to render a corrective action plan unviable.
(f) A charter may be revoked by the chartering authority if the chartering authority finds, through a showing of substantial evidence, that the charter school did any of the following:
(1) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter.
(2) Failed to meet or pursue any of the pupil outcomes identified in the charter.
(3) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement.
(4) Violated any law.
(g) Before revocation, the chartering authority shall notify the charter school of any violation of this section and give the school a reasonable opportunity to remedy the violation, unless the chartering authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils.
(h) Before revoking a charter for failure to remedy a violation pursuant to subdivision (f), and after expiration of the school’s reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings.
(i) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority.
(2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. The school district may appeal the reversal to the state board.
(3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board.
(4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (h) are supported by substantial evidence.
(j) (1) If a county board of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority.
(2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence.
(k) If the revocation decision of the chartering authority is reversed on appeal, the agency that granted the charter shall continue to be regarded as the chartering authority.
(l) During the pendency of an appeal filed under this section, a charter school whose revocation proceedings are based on paragraph (1) or (2) of subdivision (f) shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the school is not disrupted.
(m) Immediately following the decision of a county board of education to reverse a decision of a school district to revoke a charter, all of the following shall apply:
(1) The charter school shall qualify as a charter school for funding and for all other purposes of this part.
(2) The charter school may continue to hold all existing grants, resources, and facilities.
(3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter, shall be immediately reinstated or returned.
(n) A final decision of a revocation or appeal of a revocation pursuant to subdivision (f) shall be reported to the chartering authority, the county board of education, and the department.
(o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 96.
Section 47607.2 of the Education Code is amended to read:
47607.2.
(a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:
(A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.
(B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.
(2) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision.
(3) The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) only upon making a
both of the following written factual finding,
findings, specific to the particular petition, setting forth specific facts to support the finding that the findings:
(A) The charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school.
(B) There is clear and convincing evidence showing either of the following:
(i) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.
(ii) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.
(C) Clauses (i) and (ii) of subparagraph (B) shall be demonstrated by verified data, as defined in subdivision (c).
(4) Verified data, as defined in subdivision (c), shall be considered by the chartering authority until June 30, 2028, for a charter school pursuant to this subdivision for the charter school’s next two subsequent renewals.
(5) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years.
(b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5.
(2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal.
(3) In addition to the state and local indicators, the chartering authority shall consider clear and convincing evidence showing either of the following:
(A) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.
(B) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.
(4) Subparagraphs (A) and (B) of paragraph (3) shall be demonstrated by verified data, as defined in subdivision (c).
(5) Verified data, as defined in subdivision (c), shall be considered by the chartering authority for the next two subsequent renewals until June 30, 2028, for a charter school pursuant to this paragraph.
(6) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils
pupils, and, if applicable pursuant to paragraph (2), paragraphs (2) and (3), that its decision provided greater weight to performance on measurements of academic performance.
(7) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years.
(c) (1) For purposes of this section, “verified data” means data derived from nationally recognized, valid, peer-reviewed, and reliable sources that are externally produced. Verified data shall include measures of postsecondary outcomes.
(2) The state board shall establish criteria to define verified data and identify an approved list of valid and reliable assessments that shall be used for this purpose.
(3) No data sources other than those adopted by the state board pursuant to paragraph (2) shall be used as verified data.
(4) Notwithstanding paragraph (3), a charter school under consideration for renewal before the state board’s adoption pursuant to paragraph (2) may present data consistent with this subdivision.
(5) Adoption of the criteria pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(6) The state board may adopt and make necessary revisions to the criteria in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(7) Upon adoption of a pupil-level academic growth measure for English language arts and mathematics, the state board may reconsider criteria adopted pursuant to this subdivision.
(d) This section shall become operative on January 1, 2026.
inoperative on July 1, 2028, and as of January 1, 2029, is repealed.
SEC. 97.
Section 47607.2 is added to the Education Code, to read:
47607.2.
(a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:
(A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.
(B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.
(2) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision.
(3) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years.
(b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5.
(2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal.
(3) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils, and, if applicable pursuant to paragraph (2), that its decision provided greater weight to performance on measurements of academic performance.
(4) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years.
(c) This section shall become operative on July 1, 2028.
SEC. 98.
Section 47607.3 of the Education Code is amended to read:
47607.3.
(a) Using an evaluation rubric adopted by the state board pursuant to Section 52064.5, and beginning with the 2020–21 2025–26 school year, and every three years thereafter, for any charter school for which one or more pupil subgroups identified pursuant to Section 52052 meet the criteria established pursuant to subdivision (g) of Section 52064.5 in two or more years,
52064.5, which may also include an all pupils subgroup as described in Section 52064.5, the county superintendent of schools in which the charter school is located shall provide technical assistance for a minimum of three years following the identification that shall be focused on building the charter school’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(1) Assisting the charter school to identify its strengths and weaknesses in regard to the state priorities applicable to the charter school pursuant to subdivision (c) of Section 47605. This shall include working collaboratively with the charter school to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.
(2) Working collaboratively with the charter school to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the charter school. The county superintendent of schools in which the charter school is located, in consultation with the charter school, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the charter school in need of technical assistance.
(3) Obtaining from the charter school timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider to work with the charter school to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the chartering authority to assess the charter school’s progress in improving pupil outcomes.
(b) (1) For purposes of this section, the geographic lead agency, as identified pursuant to Section 52073, or its designee, as identified in subdivision (d) of Section 52071, shall serve in the role of the county superintendent of schools for a charter school authorized by the county board of education.
(2) The geographic lead agency shall choose a designee to provide the technical assistance pursuant to subdivision (a) for any
charter school for whom the geographic lead agency’s county board of education is the chartering authority. The geographic lead agency shall contract with the designee using the funds allocated pursuant to Section 2575.3.
Sections 2575.3 and 2575.35.
(c) If the charter school meets the criteria established for school districts under paragraph (1) of subdivision (b) subdivision (a) of Section 52072, the county superintendent of schools in the county which the charter school is located may request assistance from the California Collaborative for Educational Excellence. The California Collaborative for Educational Excellence may, after consulting with the Superintendent, and with the approval of the state board, provide advice and assistance to the charter school pursuant to Section 52074.
(d) A chartering authority shall consider for revocation any charter school to which the California Collaborative for Educational Excellence has provided advice and assistance pursuant to subdivision (c) and about which it has made either of the following findings, which shall be submitted to the chartering authority:
(1) That the charter school has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence.
(2) That the inadequate performance of the charter school, based upon an evaluation rubric adopted pursuant to Section 52064.5, is either so persistent or so acute as to require revocation of the charter.
(e) The chartering authority shall consider increases in pupil academic achievement for all pupil subgroups served by the charter school in determining whether to revoke the charter.
(f) A chartering authority shall comply with the hearing process described in subdivisions (g) and (h) of Section 47607 in revoking a charter. A charter school may not appeal a revocation of a charter made pursuant to this section.
(g) If the governing body of a charter school requests technical assistance, the chartering authority shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (a). If a charter school has not been identified for technical assistance pursuant to subdivision (a), the chartering authority may assess the charter school a fee not to exceed the cost of the service.
(h) A charter school shall accept the technical assistance provided pursuant to subdivision (a). For purposes of accepting technical assistance, a charter school may satisfy this requirement by providing the timely documentation to the county superintendent of schools of the county in which the charter school is located, and maintaining regular communication with the chartering authority.
(i) For a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5, technical assistance provided pursuant to subdivision (a) shall take into account the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served.
(j) This section shall not preclude a charter school from soliciting technical assistance from other entities at its own expense.
(k) For a charter school operating before July 1, 2020, subdivision (a) as it read on January 1, 2019, shall apply until June 30, 2022.
(l) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 99.
Section 48000 of the Education Code is amended to read:
48000.
(a) A child shall be admitted to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their fifth birthday on or before one of the following dates:
(1) December 2 of the 2011–12 school year.
(2) November 1 of the 2012–13 school year.
(3) October 1 of the 2013–14 school year.
(4) September 1 of the 2014–15 school year and each school year thereafter.
(b) The governing board of the school district of a school district maintaining one or more kindergartens may, on a case-by-case basis, admit to a kindergarten a child having attained the age of five years at any time during the school year with the approval of the parent or guardian, subject to the following conditions:
(1) The governing board of the school district determines that the admittance is in the best interests of the child.
(2) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.
(c) (1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the following:
(A) In the 2012–13 school year, a child who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(B) In the 2013–14 school year, a child who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(C) From the 2014–15 school year to the 2021–22 school year, inclusive, a child who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(D) In the 2022–23 school year, a child who will have their fifth birthday between September 2 and February 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(E) In the 2023–24 school year, a child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(F) In the 2024–25 school year, a child who will have their fifth birthday between September 2 and June 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(G) In the 2025–26 school year, and in each school year thereafter, a child who will have their fourth birthday by September 1 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(2) (A) In any school year, a school district or charter school may, at any time during a school year, admit a child to a transitional kindergarten program who will have their fifth birthday after the date specified for the applicable year in subparagraphs (A) to (F), inclusive, of paragraph (1) but during that same school year, with the approval of the parent or guardian, subject to the following conditions:
(i) The governing board of the school district or the governing body of the charter school determines that the admittance is in the best interests of the child.
(ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.
(B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to subparagraph (A) shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year.
(d) For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. Developmentally appropriate curriculum includes both of the following:
(1) Instructional practices that promote a child’s development and learning through a strengths- and play-based approach to joyful, engaged learning that addresses the domains of development in the department’s California Preschool/Transitional Kindergarten Learning Foundations.
(2) A cohesive set of principles, learning goals, intentional teaching strategies, activities, experiences, environments, and materials designed to help children learn and thrive in ways that are appropriate to their age and stage of cognitive, social, emotional, and physical development, as well as their individual needs, home languages, and cultural experiences.
(e) A transitional kindergarten shall not be construed as a new program or higher level of service.
(f) It is the intent of the Legislature that transitional kindergarten curriculum be aligned to the California Preschool/Transitional Kindergarten Learning Foundations developed by the department.
(g) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall do all of the following:
(1) Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school:
(A) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation.
(B) (i) “Active enrollment count” for purposes of subparagraph (C) means the count of all pupils enrolled in a class with transitional kindergarten pupils on the first day of the school year on which the class was in session, plus all later enrollees, minus all withdrawals since that first day. An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year.
(ii) For school districts, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who meet the minimum day requirements for independent study and are continually enrolled in independent study for more than 14 schooldays in a school year.
(iii) For charter schools, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering, as described in Section 11960 of Title 5 of the California Code of Regulations.
(C) “Average number of pupils enrolled per class” means the quotient of the sum of the active enrollment counts made under subparagraph (B) divided by the total number of those active enrollment counts for each class of the schoolsite.
(D) “Average transitional kindergarten class enrollment” means the quotient of the sum of the average number of pupils enrolled per class determined pursuant to subparagraph (C) of all classes at the schoolsite divided by the total number of all classes at the schoolsite that include transitional kindergarten pupils, rounded to the nearest half or whole integer.
(2) Commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school:
(A) “Total transitional kindergarten enrollment” is the sum of the average number of pupils enrolled per class of all classes at the schoolsite, as determined in subparagraph (C) of paragraph (1).
(B) “Number of adults” shall be determined for each schoolsite as follows:
(i) A count of employees of the school district or charter school assigned to each class at the schoolsite that includes transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year.
(ii) The sum of all of the adult counts pursuant to clause (i) shall be divided by the total number of those counts, rounded to the nearest half or whole integer.
(C) “Adult-to-pupil ratio” shall be the quotient of the total transitional kindergarten enrollment divided by the total number of adults, rounded to the nearest half or whole integer.
(3) (A) Commencing with the 2025–26 school year, and for each year thereafter, maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms.
(B) It is the intent of the Legislature to appropriate funds for purposes of this paragraph.
(4) Ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, one of the following:
(A) At least 24 units in early childhood education, childhood development, or both.
(B) As determined and documented by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children meeting the criteria established by the governing board or body of the local educational agency that is comparable to the 24 units of education described in subparagraph (A).
(C) A child development teacher permit, or an early childhood education specialist credential, issued by the Commission on Teacher Credentialing.
(h) A school district or charter school may place four-year-old children, as defined in Section 8205, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled:
(1) An observation using the Classroom Assessment Scoring System (CLASS) tool and CLASS Environment tool shall be completed for the classroom.
(2) All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 17702 of Title 5 of the California Code of Regulations.
(3) The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b) of Section 44256 and who meets the requirements set forth in subdivision (g).
(4) The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8241.
(5) Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program.
(i) Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code.
(j) A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional kindergarten for a second year or children enrolled in kindergarten in that classroom.
(k) A child’s eligibility for transitional kindergarten enrollment under paragraph (1) or (2) of subdivision (c) shall not impact family eligibility for a preschool or childcare program, including, but not limited to, all of the following:
(1) A Head Start or Early Head Start program, as defined by the federal Head Start Act, as amended (42 U.S.C. Sec. 9801 et seq.).
(2) A childcare center, family childcare home, or license-exempt provider serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(3) A migrant childcare and development program serving children pursuant to Chapter 6 (commencing with Section 10235) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(4) A childcare center or family childcare home educational network serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1.
(5) A childcare center, family childcare home, or license-exempt provider serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(6) A family childcare home educational network serving children pursuant to Chapter 8 (commencing with Section 10250) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(7) Childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(8) A program serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code.
(l) (1) The Superintendent shall authorize California state preschool program contracting agencies to offer less than four hours each instructional day of wraparound childcare services within a part-day California state preschool program for children enrolled in an education program as a transitional kindergarten or kindergarten pupil, if their families meet the requirements of Section 8208.
(2) The Superintendent shall authorize California state preschool programs operating on a local education agency campus to operate a part-day California state preschool program that allows flexibility in the operational hours and enrollment cutoff dates to better align with the enrollment for the new school year.
(3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision the department shall implement this subdivision, through management bulletins or similar letters of instruction on or before December 31, 2022.
SEC. 100.
Section 49507 is added to the Education Code, immediately following Section 49506.5, to read:
49507.
(a) In addition to the funds allocated pursuant to Item 6100-488 of Section 2.0 of the Budget Act of 2026, the sum of four hundred million dollars ($400,000,000) is hereby appropriated, for the 2026–27 fiscal year, from the General Fund to the department for grants to local educational agencies to support kitchen equipment, infrastructure, training, and the continued implementation of universal school meals. Funds allocated to eligible local educational agencies shall be encumbered on or before June 30, 2030, and shall be used for any of the following:
(1) Kitchen infrastructure upgrades that will increase capacity for freshly prepared onsite meals using minimally processed, locally grown, and sustainable food, increase a school’s capacity to prepare meals that surpass the current nutritional quality of food served through a federal school meal program, or reduce waste, including any of the following:
(A) (i) Cooking equipment, including, but not limited to, electrical support and facility upgrade requirements, combination ovens, dishwashers, steamers, and tilting skillets.
(ii) When acquiring new cooking equipment pursuant to this paragraph, local educational agencies receiving funds are encouraged, to the extent practicable, to acquire energy-saving electric and induction equipment rather than equipment that uses fossil fuels.
(B) Service equipment, including, but not limited to, service lines, point-of-sale systems, and mobile carts.
(C) Refrigeration and storage, including, but not limited to, walk-in refrigerators, freezers, blast chillers, and system upgrades.
(D) Transportation of ingredients, meals, and equipment between sites, including, but not limited to, vehicles and equipment to prevent spoilage of food in transit.
(E) The support of infrastructure system needs for items described in subparagraphs (A) to (D), inclusive.
(F) Nutrition planning equipment, including, but not limited to, equipment needed to determine nutritional content of menus and remove ultraprocessed foods of concern and restricted school foods from school meals.
(G) Resources to implement innovative strategies that increase access and participation of the universal school meals program and food assistance for pupils who are or may be experiencing food insecurity, and increased coordination with community services providing food assistance.
(2) Staffing and training costs related to implementing universal school meals, including any of the following:
(A) Staffing strategies, including recruitment, retention, training, and professional development for food service staff to increase capacity for freshly prepared onsite meals, which may include training on minimally processed, freshly prepared onsite meals, removal of ultraprocessed foods of concern and restricted school foods from menus, sourcing locally and sustainably grown foods, food preparation, healthy food marketing, reducing food waste, and changing the school lunchroom environment.
(B) Additional compensation for additional work relating to serving universal school meals that may include minimally processed, locally and sustainably grown foods, a plant-based or restricted diet food option, or a plant-based milk option.
(3) Procurement of California-grown, whole or minimally processed, sustainably grown food from California producers, plant-based food and milk options, or restricted diet food options for inclusion in reimbursable meals served through the federal National School Lunch Program and the federal School Breakfast Program, as determined by the State Department of Education, in consultation with the Department of Food and Agriculture.
(4) Establishment or expansion of food pantries on schoolsites, which may serve pupils and their family members.
(5) Hands-on food education opportunities that engage pupils and connect the classroom with the cafeteria, including, but not limited to, activities in school gardens, on farms, in culinary classes, in settings that celebrate traditional foodways and cultivate food sovereignty, and through other experiential learning pathways.
(b) The department shall award grant funds as allocations to local educational agencies, using criteria established by the department, consistent with this section. The department shall give priority, to the greatest extent possible, in this given order:
(1) (A) Base Allocation Funding: each eligible local educational agency shall receive a base funding amount, to be determined by the department, to be used for any of the purposes specified in paragraphs (1) to (3), inclusive, of subdivision (a).
(B) Priority shall be given to eligible local educational agencies that did not receive funds for kitchen infrastructure or training pursuant to Section 12 of Chapter 744 of the Statutes of 2025.
(2) Free or Reduced-Price Meals Pupil Population Allocation Funding: additional funding, if available, shall be allocated to eligible local educational agencies serving high populations of pupils who are eligible for free or reduced-price meals, as defined in Section 42238.01.
(3) Additional funding, if available, shall be provided based on the total number for National School Lunch Program meals served from a given time period, to be determined by the State Department of Education.
(c) (1) As a condition of receiving funding pursuant to this section, a local educational agency shall provide a progress report and final report to the department, to be made available to other state agencies upon request. The final report shall be submitted on or before June 30, 2031, and include both of the following, as applicable:
(A) How the local educational agency used the funding to improve the quality of school meals, including, but not limited to, eliminating food options containing processed foods, ultraprocessed foods of concern, and restricted school foods, lowering the sodium and sugar levels in meal options, and offering more freshly prepared meal options.
(B) How the local educational agency used the funding to increase capacity for freshly prepared onsite meals using minimally processed, locally grown, and sustainable food.
(2) The department may develop forms or designate existing forms that may be used by local educational agencies to comply with paragraph (1).
(3) To the extent practicable, the department shall allow local educational agencies that have previously received funding for kitchen infrastructure and training to consolidate grant reporting pursuant to this subdivision.
(d) For purposes of this section, the following definitions apply:
(1) “Federal school meal program” means the federal National School Lunch Program, the federal School Breakfast Program, or the federal Seamless Summer Option.
(2) “Food service staff” means a person employed on a full-time or part-time basis as a classified school employee by a local educational agency.
(3) “Freshly prepared onsite meal” means food service in which the preparation of meals takes place on a daily basis at the site of consumption or in a central kitchen, using whole ingredients in their most basic, minimally processed form, or cooking with both fresh, raw, and whole ingredients and ready-made products.
(4) “Local educational agency” means a school district, county office of education, or charter school participating in the federal School Breakfast Program and the federal National School Lunch Program.
(5) “Nutritious” means, at minimum, foods that align with the federal and state standards for meals served through the federal National School Lunch Program and the federal School Breakfast Program, and as further defined for purposes of Section 49531.
(6) “Restricted school foods” has the same meaning as defined in Section 104662 of the Health and Safety Code.
(7) “Ultraprocessed foods of concern” has the same meaning as defined in Section 104662 of the Health and Safety Code.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, three hundred million dollars ($300,000,000) of the amount appropriated in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one hundred million dollars ($100,000,000) of the amount appropriated in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year.
SEC. 101.
Section 51221.2 of the Education Code is amended to read:
51221.2.
(a) (1) The department shall issue a notice to all local educational agencies serving pupils in any of grades 7 to 12, inclusive, clarifying that social science instruction provided pursuant to subdivision (b) of Section 51220 is designed to provide a foundation for the understanding of human rights issues with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust. In furtherance of this instruction, the notice shall advise these local educational agencies of all of the following:
(A) Holocaust and genocide education are part of the adopted History-Social Science Content Standards and Framework adopted by the state board.
(B) The History-Social Science Framework adopted by the state board provides information about instruction on the Holocaust and genocide.
(2) The department shall include, within the notice described in paragraph (1), information about the existing resources available to support local educational agencies and teachers in the instruction of Holocaust and genocide education.
(3) The department is authorized to issue a survey to local educational agencies, no more than two years after these local educational agencies are issued the notice described in paragraph (1), on the status of Holocaust and genocide instruction at their schools.
(b) (1) The Superintendent shall establish the Holocaust and Genocide Education Grant
Program is hereby established and shall be administered by the California Teachers Collaborative for Holocaust and Genocide Education
to provide direct allocations to local educational agencies for the purposes of providing Holocaust and genocide education and professional development on Holocaust and genocide education.
(2) Grants provided under the grant program shall be used to provide resources and opportunities related to Holocaust and genocide education, which may include, but are not limited to, any of the following:
(A) Providing instructional materials
resources on topics about the Holocaust and genocide.
(B) Hosting an event or an organization at a schoolsite maintained by the local educational agency for purposes related to Holocaust or genocide education.
(C) Financing teacher attendance at professional development opportunities focused on Holocaust and genocide education.
(D) Hiring substitute teachers to support teacher attendance at professional development opportunities focused on Holocaust and genocide education.
(E) Financing faculty and staff time to plan and facilitate local educational agency or school-based programs related to Holocaust and genocide education.
(F) Financing transportation to events and educational opportunities related to Holocaust and genocide education.
(3) The Superintendent California Teachers Collaborative for Holocaust and Genocide Education shall adopt detailed regulations
policies and guidelines for the grant program, which shall include, but not be limited to, programmatic details, application criteria and deadlines, and reporting requirements on how allocations were spent. The California Teachers Collaborative for Holocaust and Genocide Education shall consult with the department in developing the policies and guidelines.
(c) The Holocaust and Genocide Education Grant Program Fund is hereby established in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, to the Superintendent for purposes of the grant program established pursuant to subdivision (b).
Upon appropriation by the Legislature, moneys in the fund shall be directed to the Marin County Office of Education for distribution to the California Teachers Collaborative for Holocaust and Genocide Education. The California Teachers Collaborative for Holocaust and Genocide Education shall use these moneys for administering and implementing the grant program established pursuant to subdivision (b).
(d) The California Teachers Collaborative for Holocaust and Genocide Education shall provide, as determined by the department, annual written reports to the department and the Legislature, pursuant to Section 9795 of the Government Code, on the administration of the grant program established pursuant to subdivision (b).
(e) For purposes of this section, the following definitions apply:
(A) Killing members of the group.
(B) Causing serious bodily or mental harm to members of the group.
(C) Deliberately inflicting on the group conditions of life calculated to bring about, in whole or in part, its physical destruction.
(D) Imposing measures intended to prevent births within the group.
(E) Forcibly transferring children of the group to another group.
(2) “Holocaust,” as described by the United States Holocaust Memorial Museum, was the systematic, bureaucratic, state-sponsored persecution and murder of 6,000,000 European Jews by the Nazi regime and its allies and collaborators; the Nazis also targeted other groups for persecution and murder, including Roma, people with disabilities, some Slavic peoples, especially Poles and Russians, Black people, communists, socialists, Jehovah’s Witnesses, gay men, and people the Nazis called “asocials” and “professional criminals.”
(1) “California Teachers Collaborative for Holocaust and Genocide Education” means the collaborative established in Section 51221.1.
(2) “Genocide” has the same meaning as defined in Section 51221.1.
(3) “Holocaust” has the same meaning as defined in Section 51221.1.
(4) “Local educational agency” means a school district, county office of education, or charter school.
SEC. 102.
Section 51225.33 is added to the Education Code, to read:
51225.33.
(a) (1) For the 2026–27 fiscal year, the Sacramento County Office of Education shall utilize the finding appropriated in Item 6100-488 of Section 2.0 of the Budget Act of 2026 to develop resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, pursuant to subdivision (b) of Section 51225.3, Sections 51225.31 and 51225.32, and paragraph (1) of subdivision (b) of Section 56345.
(2) Funding appropriated for purposes of this section shall be available for encumbrance through June 30, 2031.
(b) Assistance provided pursuant to this section shall include, but is not limited to, developing resources, training, and technical assistance to ensure coherence and consistency related to diploma attainment, secondary transition, and inclusive college programs, and the development of a statewide community of practice available to all local educational agencies to assist with implementation of alternative pathways to a high school diploma.
SEC. 103.
Section 51745.6 of the Education Code is amended to read:
51745.6.
(a) (1) The Except as provided in paragraph (2), the ratio of average daily attendance for independent study pupils 18 years of age or less to for a school district or county office of education, and for independent study pupils regardless of age for a charter school, to full-time equivalent certificated employees
responsible for independent study, calculated as specified by the department, shall not exceed the equivalent ratio of average daily attendance to full-time equivalent certificated employees providing instruction in other educational programs operated by the school district, unless a new higher or lower average daily attendance ratio for all other educational programs offered is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio. be in compliance with one of the following:
(A) It shall not exceed the equivalent ratio of average daily attendance to full-time equivalent certificated employees providing instruction in other educational programs operated by the school district, county office of education, or charter school.
(B) It shall not exceed the equivalent prior year ratio of
average daily attendance to full-time equivalent certificated employees for all other educational programs operated by the high school or unified school district with the largest average daily attendance of pupils in that the county or the collectively bargained alternative ratio used by that high school or unified school district in the prior year, unless a new higher or lower average daily attendance ratio for all other educational programs offered is negotiated in a collective bargaining agreement or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily
attendance ratio. year. In the case of a charter school serving pupils in more than one county, the ratio shall not exceed the ratio of the high school or unified school district with the average daily attendance of pupils in the county in which the chartering authority is located. The computation of the ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the Superintendent. A high school or unified school district shall annually report the attendance ratios to the county superintendent of schools by a date established by the county superintendent of schools. The county superintendent of schools shall annually report the attendance ratios on their internet website.
(C) It shall not exceed a fixed average-daily-attendance-to-certificated-employee ratio of 25 to 1, or a fixed ratio of less than 25 pupils per certificated employee.
(2) Notwithstanding paragraph (1), a new higher or lower ratio for all other educational programs offered by a school district, county office of education, or charter school may be negotiated in a collective bargaining agreement, or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio.
(b) Only those units of average daily attendance for independent study that reflect a pupil-teacher ratio that does not exceed the ratios described in subdivision (a) shall be eligible for apportionment pursuant to Section 2575,
2575 for county offices of education, and Section 42238.05, 42238.05 for school districts. This section does not prevent a school district or county office of education from serving additional units of average daily attendance greater than the ratios described in subdivision (a), except that those additional units shall not be funded pursuant to Section 2575 or 42238.05, as applicable. If a school district, charter school, or county office of education has a memorandum of understanding to provide instruction in coordination with the school district, charter school, or county office of education at which a pupil is enrolled, the ratios that shall apply for purposes of this paragraph are the ratios for the local educational agency providing the independent study program to the
pupil pursuant to Section 51749.5.
(c) The calculations performed for purposes of this section shall not include either of the following:
(1) The average daily attendance generated by special education pupils enrolled in special day classes on a full-time basis, or the teachers of those classes.
(2) The average daily attendance or teachers in necessary small schools that are eligible to receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3.
(e)
(d) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the ratios included in this section, including fiscal penalties for noncompliance as described in this section.
SEC. 104.
Section 51747.5 of the Education Code is amended to read:
51747.5.
(a) The independent study by each pupil shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, shall be under the general supervision of an employee of the local educational agency who possesses a valid certification document pursuant to Section 44865 or an emergency credential pursuant to Section 44300, registered as required by law.
(b) (1) A local educational agency may claim apportionment credit for independent study only to the extent of the time value of pupil work products, as personally judged in each instance by a certificated teacher employed by the local educational agency, or the combined time value of pupil work product and pupil participation in synchronous instruction pursuant to paragraph (2). It is the intent of the Legislature that teachers be given access to digital assignment tracking systems to reduce workload associated with evaluating and accounting for pupil work and synchronous instruction participation.
(2) For purposes of computing average daily attendance for each pupil enrolled in independent study pursuant to Section 51747, the following computations shall apply:
(A) (i) For each schoolday, add the combined equivalent daily time value of pupil work products, as personally judged by a certificated employee of the local educational agency.
(ii) For purposes of this section, pupil work products may include the daily time value spent by a pupil engaged in asynchronous instruction, including work completed on an online or computer-based instructional activity, regardless of whether pupil work products are produced, if the computer program documents pupil participation. The local educational agency shall maintain documentation of hours or fraction of an hour of both pupil work products and the time that the pupil engaged in asynchronous instruction.
(iii) (I) Except as provided in subclause (II), a local educational agency shall maintain one completed pupil work product in each of the subjects of English language arts, mathematics, history-social science, and science for a pupil enrolled in independent study for each of three attendance periods as follows:
(ia) The beginning of the school year through the first attendance period.
(ib) The day following the end of the first attendance period to the end of the school’s second attendance period.
(ic) The day following the end of the school’s second attendance period to the end of the school year.
(II) Notwithstanding subclause (I), if a pupil is not enrolled in one or more of the subjects identified in subclause (I) during an attendance period, the local educational agency shall maintain four completed pupil work products per attendance period that are representative of the pupil’s course schedule.
(B) (i) For each schoolday, add the combined daily instructional minutes a pupil participated in synchronous instruction, as defined by subdivision (d) of Section 51745.5 and offered pursuant to subdivision (e) of Section 51747, for which evidence of pupil participation is furnished and maintained. Evidence of pupil participation may include, but is not limited to, pupil work produced or performed, or documentation that the pupil participated in an instructional period either visually or verbally, as verified by a certificated employee and maintained by the local educational agency for each hour or fraction thereof of the synchronous instructional offering.
(ii) Pursuant to paragraph (1), a local educational agency may claim apportionment credit in this paragraph insofar as a pupil’s participation in a synchronous instructional offering augments the time value of pupil work product.
(C) For each schoolday, add the sum of subparagraphs (A) and (B). If the sum of subparagraphs (A) and (B) meets the applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, each schoolday shall be credited as up to one schoolday of attendance.
(3) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil.
(4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in independent study shall not be credited with average daily attendance other than what is specified in this section.
(c) A local educational agency shall document each pupil’s participation in live interaction and synchronous instruction pursuant to Section 51747 on each schoolday, as applicable, in whole or in part, for which live interaction or synchronous instruction is provided as part of the independent study program. A pupil who does not participate in scheduled live interaction or synchronous instruction shall be documented as nonparticipatory for that schoolday for purposes of pupil participation reporting and tiered reengagement pursuant to Section 51747.
(d) A local educational agency shall maintain written or computer-based evidence of pupil engagement that includes, but is not limited to, a grade book or summary document that, for each class, lists all assignments, assessments, and associated grades.
(e) For purposes of this section, a local educational agency shall not be required to sign and date pupil work products when assessing the time value of pupil work products for apportionment purposes.
(f) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) to (d), inclusive, unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance.
(g) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).
SEC. 105.
Article 11.5 (commencing with Section 51827) is added to Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, to read:
Article 11.5. Local Educational Agency Contracting
51827.
(a) On or before July 1, 2027, the governing board of a school district or educational joint powers authority, the governing body of a charter school, or the county superintendent of schools shall adopt a policy for the local educational agency to comply with in order to evaluate and approve contractors. The policy shall include all of the following provisions:
(1) A local educational agency shall not expend public funds for a contract unless the materials, programs, and activities are nonsectarian and comply with nondiscrimination provisions of state and federal law.
(2) A local educational agency shall not expend public funds for a contract that pays for tuition or fees for a pupil at a private school that has filed an affidavit pursuant to Section 33190, except if required pursuant to a pupil’s individualized education program.
(3) (A) Financial payments or gifts shall not be offered by a local educational agency to a pupil, prospective pupil, or a pupil’s parent, guardian, or relative as an incentive for enrollment, referral, or retention.
(B) A local educational agency shall not offer any financial incentives to employees to manipulate or falsify pupil attendance records and reports. Nothing in this subparagraph is intended to prohibit a local educational agency from offering financial incentives to employees for activities to encourage pupil engagement and reengagement of chronically absent pupils, including, but not limited to, home visits.
(4) For a nonclassroom-based charter school, contracts shall itemize costs attributed to credentialed staff, administrative staff, and instruction and related services with sufficient detail to determine a qualifying expense for purposes of a funding determination.
(5) A local educational agency shall ensure contracts reflect a reasonable market value.
(6) A local educational agency shall not purchase or contract for annual and season passes or membership to amusement or theme parks, zoos, or family entertainment activities, except that a local educational agency may purchase or contract for single-use admission, meals, and transportation that is aligned with educational opportunities and assignments by teachers, or for graduation, school celebrations, or co-curricular activities.
(7) A local educational agency shall only contract with an entity that has a business license or business certificate, where applicable, and has appropriate insurance for the service being offered. Government agencies are not required to have a business license.
(8) A local educational agency shall not contract with a pupil or a pupil’s parent, guardian, or relative for services provided exclusively to that pupil, except for any of the following persons who are compensated by the local educational agency to provide school-related transportation for a pupil:
(A) A parent or legal guardian.
(B) A relative, as defined in paragraph (2) of subdivision (c) of Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code.
(C) A court-appointed educational rights holder.
(D) A court-appointed special advocate.
(9) A local educational agency shall not reimburse parents or guardians for any activities or services. This paragraph does not prohibit a local educational agency from reimbursing parents or guardians for activities or services for pupils with disabilities pursuant to an individualized education program and required by a legal settlement or agreement.
(10) A contractor who interacts with pupils outside the immediate supervision and control of a school employee shall have policies and procedures related to pupil and site safety, including in virtual settings, emergency response, and accident reporting that are reasonable for the instruction or activity.
(11) Contractor personnel interacting with pupils shall have a valid criminal records summary as described in Section 45125.1.
(12) As part of a contract with a local educational agency, contractors shall provide evidence of qualification and expertise for the activities to be provided, in accordance with policies of the governing board or body of the local educational agency.
(13) As part of a contract with a local educational agency, contractors shall not charge fees to a pupil or the pupil’s parent or legal guardian.
(b) Auditing the approval of, and compliance with, policies enacted in accordance with subdivision (a) shall be included in the audit guide, Standards and Procedures for Audits of California K-12 Local Educational Agencies, described in Section 14502.1.
(c) This section does not supersede or invalidate a contract that is in effect on or before July 1, 2027. If a contract is in effect on or before July 1, 2027, the contract shall remain in effect until the expiration of the contract or the parties to the agreement negotiate a successor agreement that will be operative after July 1, 2027, that complies with this section. A local educational agency shall not enter into a contract or make an amendment or other ancillary agreement to an existing contract on or after the effective date of the act adding this section that would be operative after July 1, 2027, unless it would comply with this section.
(d) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county office of education, or charter school.
SEC. 106.
Section 52064.5 of the Education Code is amended to read:
52064.5.
(a) On or before October 1, 2016, the state board shall adopt evaluation rubrics for all of the following purposes:
(1) To assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement.
(2) To assist a county superintendent of schools, the department, or a chartering authority in identifying school districts, county offices of education, and charter schools in need of technical assistance pursuant to Section 52071, 52071.5, or 47607.3, as applicable, and the specific priorities upon which the technical assistance should be focused.
(3) To assist the Superintendent in identifying school districts and county offices of education for which intervention pursuant to Section 52072 or 52072.5, as applicable, is warranted.
(b) The evaluation rubrics shall reflect a holistic, multidimensional assessment of school district and individual schoolsite performance and shall include all of the state priorities described in subdivision (d) of Section 52060.
(c) As part of the evaluation rubrics, the state board shall adopt state and local indicators to measure school district and individual schoolsite performance in regard to each of the state priorities described in subdivision (d) of Section 52060. No later than January 31, 2021, local indicators shall reflect school-level data to the extent the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide.
(d) The state board may adopt alternate methods for calculating the state and local indicators described in subdivision (c) for alternative schools, as described in subdivision (d) of Section 52052, if appropriate to more fairly evaluate the performance of these schools or of a specific category of these schools. Alternate methods may include an individual pupil growth model.
(e) (1) As part of the evaluation rubrics, the state board shall adopt standards for school district and individual schoolsite performance and expectations for improvement in regard to each of the state priorities described in subdivision (d) of Section 52060. The standards shall be based on the state and local indicators specified in subdivision (c).
(2) (A) No later than January 31, 2020, the standards for local indicators shall, at a minimum, ensure that the governing board of a school district, the county board of education, and the governing body of a charter school review any data to be publicly reported for the local indicators in conjunction with the adoption of a local control and accountability plan pursuant to Section 52062, 52068, or 47606.5, as applicable. No later than January 31, 2021, the standards for local indicators for which the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide shall, to the extent practicable, be based on objective criteria, which may include, but are not necessarily limited to, the extent of any disparities across schoolsites within a school district or county office of education or performance relative to statewide data.
(B) If the governing board of a school district, the county board of education, or the governing body of a charter school is unable to review any data required pursuant to subparagraph (A) due to any of the events described in subdivision (a) of Section 46392, the local indicator data shall be reviewed at the next meeting of the governing board or body and a resolution shall be adopted and submitted to the department with the following information:
(i) A description of the emergency event.
(ii) The date on which the local indicator data was reviewed.
(f) (1) The department, in collaboration with, and subject to the approval of, the executive director of the state board, shall develop and maintain the California School Dashboard, a web-based system for publicly reporting performance data on the state and local indicators included in the evaluation rubrics.
(2) The public reporting of performance data on state and local indicators via the web-based system shall be completed on or before the following dates for the prior school year:
(A) December 15, 2023.
(B) December 1, 2024.
(C) November 15, 2025.
(D) October 15, 2026, and October 15 of each year thereafter.
(3) Timelines associated with the collection of data through the California Longitudinal Pupil Achievement Data System pursuant to Section 60900 shall be adjusted to support the public reporting dates in paragraph (2).
(g) (1) As part of the evaluation rubrics, the state board shall adopt performance criteria for local educational agency assistance and intervention pursuant to Sections 47607.3, 52071, 52071.5, 52072, and 52072.5. The criteria shall be based on performance by pupil subgroups either across two or more of the state and local indicators specified in subdivision (c) or across two or more of the state priorities described in subdivision (d) of Section 52060 and subdivision (d) of Section 52066. The criteria may also be based on performance by an all pupils subgroup, comprised of at least 30 pupils at a local educational agency, in addition to the criteria based on performance by pupil subgroups.
(2) (A) No later than July 15, 2026, the state board shall update the performance criteria, taking into consideration the findings and recommendations from the state-funded evaluation of the state’s differentiated assistance system and its implementation, pursuant to Section 127 of Chapter 44 of the Statutes of 2021, as amended by Section 37 of Chapter 252 of the Statutes of 2021, and the need to appropriately focus resources and supports where the demonstrated needs are greatest.
(B) No later than May 15, 2029, the state board shall do all of the following:
(i) Provide recommendations to the Legislature regarding possible statutory changes to ensure the performance criteria for alternative schools, as described in subdivision (d), is based on methods of measuring performance that fairly evaluate the performance of local educational agencies serving alternative school pupil populations.
(ii) Provide recommendations to the Legislature regarding possible statutory changes to ensure the performance criteria for assistance and intervention pursuant to Sections 52072 and 52072.5 are based on factors that demonstrate the local educational agency is in need of intensive, extended support, and is not duplicative of performance criteria pursuant to Sections 47607.3, 52071, and 52071.5.
(iii) Update the performance criteria for local educational assistance and intervention pursuant to Sections 52072 and 52072.5, taking into consideration the impact of any updates to the performance criteria pursuant to Sections 47607.3, 52071, and 52071.5, and any relevant research conducted on differentiated assistance, direct technical assistance, and the statewide system of support.
(3) Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f), and every three years thereafter, the department shall determine local educational agency eligibility for assistance and intervention pursuant to Sections 47607.3, 52071, and 52071.5, according to the performance criteria adopted by the state board pursuant to paragraph (2).
(h) The department shall annually publish information on the following:
(1) All school districts and county offices of education identified for technical assistance pursuant to subdivision (b) of Section 52071.1 and subdivision (a) of section 52071.51.
(2) All local educational agencies identified for prioritized support through universal assistance pursuant to Section 2575.35, as determined by the state board’s targeted assistance criteria.
SEC. 107.
Section 52066 of the Education Code is amended to read:
52066.
(a) On or before July 1, 2014, each county superintendent of schools shall develop, and present to the county board of education for adoption, a local control and accountability plan using a template adopted by the state board.
(b) A local control and accountability plan adopted by a county board of education shall be effective for a period of three years, and shall be updated on or before July 1 of each year.
(c) A local control and accountability plan adopted by a county board of education shall include, for each school or program operated by the county superintendent of schools, all of the information specified in the template adopted by the state board pursuant to Section 52064.
(d) All of the following are state priorities for purposes of a county board of education’s local control and accountability plan:
(1) The degree to which the teachers in the schools or programs operated by the county superintendent of schools are appropriately assigned in accordance with Section 44258.9 and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the schools or programs operated by the county superintendent of schools has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair as specified in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or former Section 60811.4, as that section read on June 30, 2016, for purposes of gaining academic content knowledge and English language proficiency.
(3) (A) Parental involvement and family engagement, including efforts the county superintendent of schools makes to seek parent input in making decisions for each individual schoolsite and program operated by a county superintendent of schools, and including how the county superintendent of schools will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs.
(B) Family engagement may include, but need not be limited to, efforts by the county superintendent of schools and each individual schoolsite to apply research-based practices, such as welcoming all families into the school community, engaging in effective two-way communication, supporting pupil success, and empowering families to advocate for equity and access. Family engagement may include, but need not be limited to, treating families as partners to inform, influence, and create practices and programs that support pupil success and collaboration with families and the broader community, expand pupil learning opportunities and community services, and promote civic participation.
(4) Pupil achievement, as measured by all of the following, as applicable:
(A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board.
(B) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University.
(C) The percentage of pupils who have successfully completed courses that satisfy the requirements for career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of pupils who have successfully completed both types of courses described in subparagraphs (B) and (C).
(E) The percentage of English learner pupils who make progress toward English proficiency as measured by the English Language Proficiency Assessments for California or any subsequent assessment of English proficiency, as certified by the state board.
(F) The English learner reclassification rate.
(G) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(H) The percentage of pupils who demonstrate college preparedness pursuant to the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(5) Pupil engagement, as measured by all of the following, as applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.
(9) How the county superintendent of schools will coordinate instruction of expelled pupils pursuant to Section 48926.
(10) How the county superintendent of schools will coordinate services for foster children, including, but not limited to, all of the following:
(A) Working with the county child welfare agency to minimize changes in school placement.
(B) Providing education-related information to the county child welfare agency to assist the county child welfare agency in the delivery of services to foster children, including, but not limited to, educational status and progress information that is required to be included in court reports.
(C) Responding to requests from the juvenile court for information and working with the juvenile court to ensure the delivery and coordination of necessary educational services.
(D) Establishing a mechanism for the efficient expeditious transfer of health and education records and the health and education passport.
(e) For purposes of the descriptions required by subdivision (b) of Section 52064, a county board of education may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5.
(g) The county superintendent of schools shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the county office of education, parents, and pupils in developing a local control and accountability plan.
(h) A county board of education may identify local priorities, goals in regard to the local priorities, and the method for measuring the county office of education’s progress toward achieving those goals.
(i) (1) Beginning with the 2018–19 fiscal year and in each fiscal year thereafter, a county superintendent of schools shall prepare a summary of how the county superintendent of schools plans to support school districts and schools within the county in implementing this article and present the summary to the county board of education at the same public meeting required under paragraph (2) of subdivision (b) of Section 52068. The summary shall include, but is not necessarily limited to, all of the following:
(A) A description of how the county
superintendent of schools will support the continuous improvement of all school districts within the county, including including, at a minimum, clearly identifying the activities being performed by the county office of education and the source of funding for those activities. This description shall include the steps that the county superintendent of schools plans to take to collaborate with the California Collaborative for Educational Excellence, the department, the lead agencies specified in Sections 52073 and 52073.1, and other county superintendents of schools to support school districts and schools within the county in implementing this article.
(B) A description of how the county superintendent of schools will assist each school district identified for technical assistance pursuant to subdivision (c) of Section 52071 and each charter school identified for technical assistance pursuant to subdivision (a) of Section 47607.3 in improving pupil outcomes, including, at a minimum, clearly identifying the activities being performed by the county office of education and the source of funding for those activities. This description shall include the actions the school district and charter school will take independent of the county superintendent of schools to improve pupil outcomes pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 52071 or paragraph (3) of subdivision (a) of Section 47607.3.
(C) One or more goals for each of the following:
(i) Completing the review of local control and accountability plans submitted by school districts pursuant to Section 52070.
(ii) Providing technical assistance to school districts pursuant to subdivisions (a) and (b) of Section 52071 and charter schools pursuant to subdivision (a) of Section 47607.3.
(iii) Providing universal and targeted assistance to local educational agencies pursuant to Section 2575.35.
(iv) Providing any other support to school districts and schools within the county in implementing this article.
(v) Providing support to school districts in developing and implementing the addendum specified in Section 52064.3.
(D) One or more metrics to assess progress toward each goal identified in subparagraph (C).
(E) Specific actions and related expenditures to achieve each goal identified in subparagraph (C), to the extent this information is not provided pursuant to subparagraph (B). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the county superintendent of schools.
(2) Commencing with the 2019–20 fiscal year and in each fiscal year thereafter, the county superintendent of schools shall submit the summary described in this subdivision with its local control and accountability plan pursuant to subdivision (a) of Section 52070.5.
(3) On or before November 1 of each year, the department shall compile the information provided by county superintendents of schools pursuant to subparagraphs (A) and (B) of paragraph (1) into a single document and shall make this report available to the public on the department’s internet website.
SEC. 108.
Section 52071 of the Education Code is amended to read:
52071.
(a) If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b) If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(c) (1) For Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, for any school
district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5,
which may also include an all pupils subgroup as described in Section 52064.5, the county superintendent of schools shall provide technical assistance for a minimum of two three years following the identification that shall be focused on building the school district’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:
(1) Assisting the school district to do each of the following:
(A) Identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(B) Identify pupil subgroups that are low performing or experiencing significant disparities from other pupil subgroups as identified on the California School Dashboard. The county superintendent of schools may consult equity leads pursuant to Section 52073.5 to identify and implement effective programs and practices to improve the outcomes and opportunities for low-performing pupil subgroups or pupil subgroups experiencing significant disparities from other pupil subgroups.
(2) Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(3) Obtaining from the school district timely documentation demonstrating that it has completed the
activities described in subparagraphs (A) and (B), paragraphs (1) and (2) or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving pupil outcomes.
(4) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(5) A review of the school district’s local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(A) Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(B) Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.
(C) Obtaining from the school district timely documentation demonstrating that it has completed the activities described in subparagraphs (A) and (B), or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving pupil outcomes.
(D) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.
(E) A review of the school district’s local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(F) A review of the school district’s data management policies and collection and submission processes, including monitoring and oversight of the student information system, to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900.
(d) Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.
(e) A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) of subdivision (c).
(f) For the 2025–26 fiscal year, any school district in which one or more pupil subgroups, identified pursuant to Section 52052, meets the criteria pursuant to subdivision (g) of Section 52064.5 52064.5, as that section read on January 1, 2026, for three or more consecutive years, the school district’s
geographic lead agency, identified pursuant to Section 52073, shall, in collaboration with the county superintendent of schools, provide technical assistance to the school district pursuant to subdivision (c). (c), as that subdivision read on January 1, 2026, for a minimum of two years. The geographic lead agency shall evaluate whether the assistance of one or more expert lead agencies should be consulted as part of the technical assistance process.
(g) This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.
SEC. 109.
Section 52071.1 is added to the Education Code, to read:
52071.1.
(a) If the governing board of a school district requests technical assistance regarding the school district’s data management processes, the county superintendent of schools shall provide technical assistance consistent with subdivision (b). If a school district has not been identified for technical assistance pursuant to subdivision (b), and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.
(b) For any school district that fails to meet the requirements of Section 60900, the county superintendent of schools shall provide technical assistance for a minimum of one year that shall be focused on the school district’s data management processes and building the school district’s capacity to develop and implement actions and services responsive to data quality and integrity in support of state and federal accountability, including, but not limited to, any of the following:
(1) Assisting the school district to identify its strengths and weaknesses in meeting state and federal reporting requirements pursuant to Section 60900. This shall include working collaboratively with the school district to review California Longitudinal Pupil Achievement Data System data reporting practices, including, but not limited to, the roles and responsibilities, data management policies and data collection submission processes, monitoring and oversight of the student information system, and accountability and audit mechanisms that address any areas of weakness to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900.
(2) Working collaboratively with the school district to secure assistance from an expert or team of experts to identify and implement effective programs and initiatives that are designed to improve performance in any areas of weakness identified by the school district pursuant to paragraph (1). The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, a county office of education, or the California School Information Services, established pursuant to Section 49081, to act as a partner to the school district in need of technical assistance.
(3) Obtaining from the school district timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider to work with the school district to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving data management practices.
(c) A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivision (b). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (b), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) of subdivision (b).
(d) For a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the school district is identified for technical assistance pursuant to subdivision (b), the department shall provide the technical assistance described in subdivision (a) of Section 52071.51 to the eligible school district.
(e) This section shall not preclude a school district from:
(1) Requesting or receiving technical assistance pursuant to subdivision (c) of Section 52071.
(2) Soliciting technical assistance from entities other than its county superintendent of schools at its own cost.
SEC. 110.
Section 52071.5 of the Education Code is amended to read:
52071.5.
(a) If the Superintendent does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a county board of education, or if the county board of education requests technical assistance, the Superintendent shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.
(b) For Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years
thereafter, for any county office of education for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, which may also include an all pupils subgroup as described in Section 52064.5, the Superintendent shall provide technical assistance for a minimum of two three years following the identification that shall be focused on building the county office of education’s capacity to develop and implement actions and services responsive to pupil and community needs, including, among other things, any of the following:
(1) Assisting the county office of education to do each of the following:
(A) Identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52066. This shall include working collaboratively with the county office of education to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(B) Identify pupil subgroups that are low performing or experiencing significant disparities from other pupil subgroups as identified on the California School Dashboard. The Superintendent may consult equity leads pursuant to Section 52073.5 to identify and implement effective programs and practices to improve the outcomes and opportunities for low-performing pupil subgroups or pupil subgroups experiencing significant disparities from other pupil subgroups.
(2) Working collaboratively with the county office of education to secure assistance from an academic expert or team of academic experts to identify and implement effective programs that are designed to improve performance in any areas of weakness identified by the county office of education. The Superintendent, in consultation with the county office of education, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the county office of education in need of technical assistance.
(3) Obtaining from the county office of education timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or has selected another service provider to work with the county office of education to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the county office of education to assess the county office of education’s progress in improving pupil outcomes.
(4) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the county office of education pursuant to subdivision (g) of Section 52074.
(5) A review of the county office of education’s local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(1) Assisting the county office of education to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52066. This shall include working collaboratively with the county office of education to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness.
(2) Working collaboratively with the county office of education to secure assistance from an academic expert or team of academic experts to identify and implement effective programs that are designed to improve performance in any areas of weakness identified by the county office of education. The Superintendent, in consultation with the county office of education, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the county office of education in need of technical assistance.
(3) Obtaining from the county office of education timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or has selected another service provider to work with the county office of education to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the county office of education to assess the county office of education’s progress in improving pupil outcomes.
(4) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the county office of education, pursuant to subdivision (g) of Section 52074.
(5) A review of the county office of education’s local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals.
(6) A review of the county office of education’s data management policies and collection and submission processes, including monitoring and oversight of the student information system, to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900.
(d)
(c) Technical assistance provided pursuant to this section at the request of a county board of education shall be paid for by the county board of education receiving assistance.
SEC. 111.
Section 52071.51 is added to the Education Code, immediately following Section 52071.5, to read:
52071.51.
(a) For any county office of education that fails to meet the requirements of Section 60900, the department shall provide technical assistance for a minimum of one year that shall be focused on the county office of education’s data management processes and building the county office of education’s capacity to develop and implement actions and services responsive to data quality and integrity in support of state and federal accountability, including, but not limited to, any of the following:
(1) Assisting the county office of education to identify its strengths and weaknesses in meeting state and federal reporting requirements pursuant to Section 60900. This shall include working collaboratively with the county office of education to review California Longitudinal Pupil Achievement Data System data reporting practices, including, but not limited to, the roles and responsibilities, data management policies and data collection submission processes, monitoring and oversight of the student information system, and accountability and audit mechanisms that address any areas of weakness to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900.
(2) Working collaboratively with the county office of education to secure assistance from an expert or team of experts to identify and implement effective programs that are designed to improve performance in any areas of weakness identified by the county office of education pursuant to paragraph (1). The department, in consultation with the county office of education, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or the California School Information Services, established pursuant to Section 49081, to act as a partner to the county office of education in need of technical assistance.
(3) Obtaining from the county office of education timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or has selected another service provider to work with the county office of education to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the county office of education to assess the county office of education’s progress in improving data management practices.
(b) Technical assistance provided pursuant to this section at the request of a county board of education shall be paid for by the county board of education receiving assistance.
SEC. 112.
Section 52072 of the Education Code is amended to read:
52072.
(a) If Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, if a school district meets the criteria established by the state board pursuant to subdivision (g) of Section 52064.5 52064.5, as that section read on January 1, 2026,
for three or more pupil subgroups identified pursuant to Section 52052 or, if the school district has less than three pupil subgroups, all of the school district’s pupil subgroups, in three out of four consecutive school years, the California Collaborative for Educational Excellence shall determine, in consultation with the school district and any provider of technical assistance pursuant to Section 52071, if assistance from the California Collaborative for Educational Excellence is necessary. When making this determination, primary consideration shall be given to the needs of the pupils in the school district.
(b) Technical assistance provided pursuant to this section shall be facilitated by the California Collaborative for Educational Excellence, in collaboration with the county superintendent of schools with jurisdiction over the school district, and shall focus on building the school district’s capacity to develop and implement actions and services responsive to pupil and community needs pursuant to Section 52071 in a manner that streamlines improvement efforts for the school district.
SEC. 113.
Section 52072.5 of the Education Code is amended to read:
52072.5.
(a) If Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, if a county office of education meets the criteria established by the state board pursuant to subdivision (g) of Section 52064.5 52064.5, as that section read on January 1,
2026,
for three or more pupil subgroups identified pursuant to Section 52052 or, if the county office of education has less than three pupil subgroups, all of the county office of education’s pupil subgroups, in three out of four consecutive school years, the California Collaborative for Educational Excellence shall determine, in consultation with the county office of education and any provider of technical assistance pursuant to Section 52071.5, if assistance from the California Collaborative for Educational Excellence is necessary. When making this determination, primary consideration shall be given to the needs of the pupils in the county office of education.
(b) Technical assistance provided pursuant to this section shall be facilitated by the California Collaborative for Educational Excellence, in collaboration with the department, and shall focus on building the county office of education’s capacity to develop and implement actions and services responsive to pupil and community needs pursuant to Section 52071.5 in a manner that streamlines improvement efforts for the county office of education.
SEC. 114.
Section 53008 of the Education Code is amended to read:
53008.
(a) (1) The Legislature finds and declares that screening pupils for risk of reading difficulties, including dyslexia, is one of many tools that educators can employ to gain information about how to support their pupils’ learning. Screening should be considered part of a school’s comprehensive instructional strategy, and should be used by educators like other types of formative and summative assessments: to inform individualized instruction, measure a pupil’s progress, identify pupil learning needs, and enable parents and educators to discuss pupil needs in a more informed way.
(2) The Legislature further finds and declares that early identification and intervention with evidence-based early literacy instructional strategies and materials improves literacy outcomes for pupils at risk of, and with, reading difficulties, including dyslexia. Dyslexia is the most common learning disability; however, many pupils on the dyslexia spectrum struggle every day to read without proper identification and support. By screening all pupils for risk of reading difficulties early, California can help families and teachers achieve the best learning and life outcomes for all pupils and close academic achievement gaps.
(3) It is the intent of the Legislature that local educational agencies be provided funding to offset costs related to administering pupil screenings pursuant to this section if the Commission on State Mandates determines that this section contains costs mandated by the state, pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(b) On or before January 31, 2024, the state board shall appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, pursuant to this section. The state board shall not appoint any person to the panel of experts with a financial interest in the screening instruments under consideration. The state board shall establish a review process, including how screening instruments will be evaluated against the criteria specified in subdivision (g), for the panel to use to evaluate and approve screening instruments. This subdivision does not prohibit the state board from periodically reconstituting this expert panel or updating the review process, nor does it prohibit the expert panel from periodically amending the list of screening instruments described in subdivision (c) at the request of the state board.
(c) (1) The work of the panel of experts appointed by the state board pursuant to subdivision (b) is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and all meetings of the panel are subject to the Bagley-Keene Open Meeting Act.
(2) On or before December 31, 2024, the panel of experts appointed by the state board shall, at a regularly scheduled public meeting, vote to approve a list of screening instruments pursuant to the review process and evaluation criteria established by the state board pursuant to subdivision (b). The list shall include screening instruments that are developed both for English-speaking pupils and for non-English speaking pupils, in languages reflecting the primary languages of pupils in the state, to the extent assessments in those languages are available. The panel of experts shall also identify information about the appropriate administration of each screening instrument, including the appropriate grade or grades for administration of each screening instrument.
(d) On or before June 30, 2025, the governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2 shall adopt, at a public meeting, one or more screening instruments from the list adopted pursuant to subdivision (c) to assess pupils for risk of reading difficulties pursuant to this section. The screening instrument or instruments adopted shall provide assessments for both English-speaking pupils and non-English speaking pupils, in languages reflecting the primary languages of pupils in the local educational agency, to the extent assessments in those languages are available.
(e) (1) Commencing no later than the 2025–26 school year, and annually thereafter, a local educational agency serving pupils in kindergarten or grades 1 or 2 shall assess each pupil in kindergarten and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency pursuant to subdivision (d), unless the pupil’s parent or guardian opts out of the screening in writing. In determining when during the school year to administer each screening instrument, a local educational agency shall consider whether pupils have received sufficient instruction in foundational reading skills to support a valid assessment. Nothing in this section restricts local educational agencies from providing additional pupil screenings or diagnostic evaluations, as appropriate.
Employees administering screening instruments shall be appropriately trained to administer the instrument.
(2) In determining when during the school year to administer each screening instrument, a local educational agency shall consider whether pupils have received sufficient instruction in foundational reading skills to support a valid assessment. For the purposes of identifying pupils at risk of reading difficulties pursuant to paragraph (1), a local educational agency shall not administer a screening instrument to a kindergarten pupil before the 91st schoolday of the school year. This paragraph does not prohibit local educational agencies from administering more than one pupil screening or diagnostic evaluation annually in addition to those administered for the purposes of identifying pupils at risk of reading difficulties pursuant to paragraph (1), as appropriate.
(3) In order to ensure the accuracy and precision of screening, and in accordance with the administration instructions for each screening instrument adopted pursuant to subdivision (c), local educational agencies are strongly recommended to administer screening instruments on a one-on-one or small group basis.
(4) On or before January 31, 2027, the department shall develop and disseminate guidance to local educational agencies regarding the implementation of paragraph (2), including factors that may be considered in determining whether a pupil has received sufficient instruction in foundational reading skills to support a valid assessment. The guidance shall be informed by diverse research regarding screening administration and factors affecting the predictive validity of reading difficulties risk screening, as well as by the first year of implementation of reading difficulties risk screening pursuant to this section with data from all of the screening instruments approved by the expert panel described in subdivision (c).
(f) If a pupil enrolls for the first time in kindergarten or grades 1 or 2 after the screening instrument or instruments have been administered to all pupils in the given grade in that school year pursuant to subdivision (e), the local educational agency shall assess the pupil using the screening instrument or instruments adopted by the governing board or body of the local educational agency pursuant to subdivision (d) within 45 calendar days of enrollment, unless the pupil’s parent or guardian opts out of the screening in writing, or unless the parent or guardian provides documentation or the local educational agency has documentation that the pupil has had a similar screening in their prior school for their current grade and the parent or guardian was made aware of the results.
(g) (1) To support the adoption of high-quality screening instruments that minimize the overidentification or underidentification of pupils’ risk of reading difficulties, and offer meaningful information for followup, the state board shall consider the extent to which a screening instrument addresses the following factors when adopting evaluation criteria pursuant to subdivision (b):
(A) Use of direct measurement, supplemented by other pupil data, to determine if a pupil is at risk of a reading difficulty, including dyslexia.
(B) Measurement of domains that may predict dyslexia and other reading disorders, including, but not limited to, measures of oral language, phonological and phonemic awareness, decoding skills, letter-sound knowledge, knowledge of letter names, rapid automatized naming, visual attention, reading fluency, vocabulary, and language comprehension.
(C) Evidence that the tool is normed and validated using a contemporary multicultural and multilanguage sample of pupils, with outcome data for pupils whose home language is a language other than English as well as those who are native English speakers.
(D) Integration of relevant pupil demographic information, such as home language, English language fluency, and access to prekindergarten education, to more fully understand a pupil’s performance.
(E) Guidance and resources for educators regarding how to administer screening instruments, interpret results, explain results to families, including in pupils’ primary languages, and determine further educational strategies, assessments, diagnostics, and interventions that should be considered and that are specific to each type of pupil result. Guidance and resources provided pursuant to this subparagraph shall be informed by the English Language Arts/English Language Development Framework for California Public Schools developed pursuant to Section 60207 and the California Dyslexia Guidelines developed pursuant to Section 56335, as well as knowledge of effective interventions for the specific needs of individual pupils, and shall reflect a tiered interventions model aligned with the Multi-Tiered Systems of Support.
(2) Assessments administered pursuant to this section shall not be considered an evaluation or diagnostic tool to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or an evaluation to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). However, assessments administered pursuant to this section shall not be used to delay the child find process required under the federal Individuals with Disabilities Education Act. Additionally, assessments administered pursuant to this section may be used by a local educational agency to recommend that a pupil receive further assessment and evaluation to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act, or to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973.
(h) Pupils who do not speak sufficient English to be screened with an English-language instrument shall be screened pursuant to this section in their primary language if a screening instrument in their primary language approved pursuant to subdivision (c) is available. If a screening instrument is not available in at least one language in which a pupil is proficient, before the pupil can be screened, the pupil’s risk for reading difficulties shall be evaluated through an analysis of the pupil’s developmental history, educational history, and literacy progress, taking into account the pupil’s home background and evolving English language abilities, including speaking, listening, reading, spelling, and writing, consistent with the California Dyslexia Guidelines. Components of screening instruments that do not require English language proficiency may be used in this evaluation. When a pupil acquires sufficient English language knowledge and fluency to be able to be assessed using a screening instrument pursuant to this section, or if a screening instrument in their primary language becomes available, the local educational agency shall assess that pupil using the appropriate screening instrument.
(i) A pupil may be exempted from the requirements of this section with the prior written consent of the parent or guardian if any of the following criteria are satisfied:
(1) The pupil has a current identification or diagnosis of a reading difficulty, reading disorder, or other disability.
(2) The pupil is eligible for special education and related services pursuant to the federal Individuals with Disabilities Education Act or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973.
(3) The pupil is in the process of being assessed for eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, and the pupil is being evaluated with diagnostic assessments that make screening pursuant to this section redundant.
(j) A local educational agency shall provide parents or guardians of pupils eligible for screening pursuant to this section with information about the screening, including the date or dates of the screening and instructions for how parents or guardians can opt out of the screening on behalf of their child, no later than 15 calendar days before the administration of the screening instrument or instruments. A local educational agency is encouraged to provide information about screening pursuant to this section with other back-to-school materials at the beginning of the school year.
(k) Pupil results from assessments administered pursuant to this section shall be made available to the pupil’s parent or guardian in a timely manner, but no more than 45 calendar days from the date the assessment was administered. These results shall include information about how to interpret the results, as well as the next steps pursuant to subdivision (l), if applicable.
(l) Screening results shall be used as a flag for potential risk of reading difficulties, not as a diagnosis of a disability. Results from a screening instrument shall be used as part of a broader process that further evaluates pupil needs and progress, identifies supports for classroom instruction, enables targeted individual intervention as needed, and allows for further diagnosis if concerns do not resolve. Accordingly, if a pupil is identified as being at risk of having reading difficulties after being screened pursuant to this section, the local educational agency shall provide the pupil with supports and services, appropriate to the specific challenges identified by the screening instrument and other pertinent information about the pupil, which may include, among other supports and services, any of the following:
(1) Evidence-based literacy instruction focused on the pupil’s specific needs.
(2) Progress monitoring.
(3) Early intervention in the regular general education program.
(4) One-on-one or small group tutoring.
(5) Further evaluation or diagnostic assessment.
(m) Results of an assessment administered pursuant to this section shall not be used for any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs.
(n) Notifications to parents or guardians provided pursuant to this section shall comply with the translation requirements set forth in Section 48985.
(o) For purposes of this section, the following definitions apply:
(1) “English learner” has the same meaning as defined in subdivision (a) of Section 306.
(2) “Kindergarten” shall not include transitional kindergarten, as defined in subdivision (d) of Section 48000.
(3) “Local educational agency” means a school district, county office of education, or charter school.
(4) “Reading difficulties” means a barrier that impacts a pupil’s ability to learn to read or improve reading abilities, including dyslexia.
(5) “Screening instrument” means a brief tool administered by an appropriately trained school employee, including, but not limited to, a certificated teacher of record, measuring discrete areas to determine pupils at risk of reading difficulties, including dyslexia.
SEC. 115.
Section 53008.5 is added to the Education Code, to read:
53008.5.
(a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the department for the Literacy Coaches and Reading Specialists Grant Program, which is hereby established, in the manner and for the purposes set forth in this section. Funds appropriated for this purpose are available for encumbrance through June 30, 2031.
(b) (1) Of the amount appropriated in subdivision (a), two hundred twenty-five million ($225,000,000) shall be allocated by the department to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the department, by September 30, 2022, and via a form provided by the department, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) Of the amount identified in paragraph (1), the department shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, such that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2021–22 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2031. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(3) On or before June 30, 2024, and again on or before June 30, 2027, a recipient local educational agency shall submit an interim report to the department, and a final report on or before June 30, 2031, detailing how it used funds awarded pursuant to this subdivision. The department shall create a reporting template for the purposes of this requirement no later than December 31, 2022. Specifically, these reports shall include:
(A) How funds were used to employ literacy coaches and reading and literacy specialists for its eligible schools.
(B) How funds were used to develop and implement school literacy programs.
(C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists past the award period.
(E) Other metrics as determined by the department.
(4) On or before July 30, 2024, and again on or before July 30, 2027, the department shall provide the interim and final reports submitted by recipient local educational agencies to the grantee selected pursuant to subdivision (c) for an independent evaluation pursuant to subdivision (c) of Section 53008.7.
(5) On or before December 31, 2025, again on or before December 31, 2028, and again on or before December 31, 2032, the department shall provide a comprehensive report to the Department of Finance, the state board, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to paragraph (3) of this section and paragraph (3) of subdivision (b) of Section 53008.7.
(c) (1) Of the funds appropriated pursuant to subdivision (a), twenty-five million dollars ($25,000,000) shall be available for the department, in collaboration with the Commission on Teacher Credentialing, and subject to the approval of the executive director of the state board, to select a county office of education, through a competitive process, to develop and provide training for educators to become literacy coaches and reading and literacy specialists. The department shall prioritize applicants with demonstrated success in improving literacy, especially among underperforming pupil subgroups, as well as for those planning on partnering with institutions of higher education with demonstrated success in providing statewide professional development for expert literacy practice. Applicants who participate in the training established pursuant to this subdivision may also participate in the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) The grantee selected pursuant to paragraph (1) shall do all of the following:
(A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision.
(B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites.
(C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership Credential, a Bilingual Specialist Authorization, or any combination of those.
(3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction.
(d) For purposes of this section, the following definitions apply:
(1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 97 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2021–22 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System. The unduplicated pupil percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(2) “Employ” means that a local educational agency, to the extent feasible, will hire a new literacy coach, reading specialist, or both, train existing staff to become a literacy coach, or support existing staff in obtaining a reading specialist credential or authorization. Funds shall not be used to support the salaries of existing literacy coaches and reading specialists.
(3) “Local educational agency” means an elementary or unified school district, county office of education, or charter school.
(4) “School” and “schoolsite” means an elementary school of a local educational agency.
(5) “School literacy program” means a program that includes all of the following:
(A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions.
(B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes.
(C) Increased access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following:
(i) Providing bilingual reading specialists to support dual language acquisition and English language development programs.
(ii) Developing and implementing culturally responsive curriculum and instruction.
(iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207 and the use of data to support effective instruction.
(v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 116.
Section 53008.7 is added to the Education Code, to read:
53008.7.
(a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the department to augment the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 53008.5. Funds appropriated for this purpose are available for encumbrance through June 30, 2031.
(b) (1) Of the amount appropriated in subdivision (a), two hundred forty-eight million dollars ($248,000,000) shall be allocated by the department to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the department, by September 30, 2023, and via a form provided by the department, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) Of the amount identified in paragraph (1), the department shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, in a manner that also ensures that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2022–23 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2031. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(3) On or before June 30, 2025, a recipient local educational agency receiving funds pursuant to this section shall submit an interim report to the department, and a final report on or before June 30, 2028, detailing how it used funds awarded pursuant to this subdivision. The department shall use the existing reporting template described in paragraph (3) of subdivision (b) of Section 53008.5 for the purposes of this requirement. Specifically, these reports shall include all of the following:
(A) How funds were used to employ literacy coaches and reading and literacy specialists for its eligible schools.
(B) How funds were used to develop and implement school literacy programs.
(C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists beyond the award period.
(E) Other metrics as determined by the department.
(4) On or before July 30, 2025, again on or before July 30, 2028, and again on or before July 30, 2031, the department shall provide the interim and final reports submitted by recipient local educational agencies to the grantee selected pursuant to subdivision (c) of Section 53008.5 for the independent evaluation pursuant to subdivision (c) of this section.
(5) On or before December 31, 2025, again on or before December 31, 2028, and again on or before December 31, 2031, the department shall provide a comprehensive report to the Department of Finance, the state board, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to paragraph (3) of this subdivision and paragraph (3) of subdivision (b) of Section 53008.5.
(c) (1) Of the funds appropriated pursuant to subdivision (a), two million dollars ($2,000,000) shall be available to the grantee selected pursuant to subdivision (c) of Section 53008.5 to provide additional training for educators to become literacy coaches and reading and literacy specialists, consistent with the training developed for the Literacy Coaches and Reading Specialists Grant program pursuant to Section 53008.5 and to contract for an independent evaluation pursuant to paragraph (4).
(2) The grantee selected pursuant to paragraph (1) shall do all of the following:
(A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision.
(B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites.
(C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership Credential, a Bilingual Specialist Authorization, or any combination of those.
(3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction.
(4) The grantee selected pursuant to subdivision (c) of Section 53008.5 shall, in consultation with, and subject to the approval of, the executive director of the state board and the department, issue a request for proposals and contract for an independent evaluation of the effectiveness of the funding provided pursuant to this section, as well as the funding appropriated pursuant to Section 53008.5. The grantee shall use up to five hundred thousand dollars ($500,000) of the funding appropriated pursuant to paragraph (1) for the independent evaluation.
(5) The evaluation conducted pursuant to paragraph (4) shall include an examination of the following:
(A) Data collected from recipient local educational agencies pursuant to subdivision (b) of this section and subdivision (b) of Section 53008.5, including, but not limited to, all of the following:
(i) How funds were used to employ literacy coaches and reading and literacy specialists.
(ii) How funds were used to develop and implement school literacy programs.
(iii) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(iv) How the local educational agencies plan to continue to fund literacy coaches and reading and literacy specialists beyond the award period.
(B) How the trainings developed and provided by the grantee selected pursuant to subdivision (c) of Section 53008.5 impacted the training of literacy coaches and literacy and reading specialists.
(6) On or before June 30, 2029, the grantee selected pursuant to subdivision (c) of Section 53008.5 shall provide the evaluation report to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the state board or their designee, the department, and the Director of Finance.
(d) For purposes of this section, the following definitions apply:
(1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 95 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2022–23 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System that did not receive funding pursuant to Section 53008.5. The unduplicated pupil percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(2) “Local educational agency” means an elementary or unified school district, county office of education, or charter school.
(3) “School” and “schoolsite” means an elementary school of a local educational agency.
(4) “School literacy program” means a program that includes all of the following:
(A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions.
(B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes.
(C) Increased access to evidence-based literacy instruction through strategies, including, but not limited to, any of the following:
(i) Providing bilingual reading specialists to support dual language acquisition and English language development programs.
(ii) Developing and implementing culturally responsive curriculum and instruction.
(iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English language arts and English language development adopted by the state board pursuant to Section 60207 and the use of data to support effective instruction.
(v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
SEC. 117.
Section 53009 of the Education Code is amended to read:
53009.
(a) The sum of two hundred fifteen million dollars ($215,000,000) is hereby appropriated from the General Fund to the Superintendent department to augment the Literacy Coaches and Reading Specialists Grant Program established in Section 137 of Chapter 52 of the Statutes of 2022, as amended by Sections 104 and 115 of Chapter 48 of the Statutes of 2023. Sections 53008.5 and 53008.7. Funds appropriated for this purpose are available for encumbrance
through June 30, 2029.
2031.
(b) (1) Of the amount appropriated in subdivision (a), two hundred million dollars ($200,000,000) shall be allocated by the Superintendent department to local educational agencies for eligible schoolsites to develop school literacy programs, including dual language immersion and other programs for multilingual learners, employ and develop literacy coaches and specialists, and develop and implement interventions for pupils in need of targeted literacy support, including English learners. A local educational agency may opt not to participate in the program pursuant to this subdivision by informing the department, by September 30, 2025, using a form provided by the department, of the local
educational agency’s intent to decline program funds for their eligible schoolsites and the local educational agency. A local educational agency that receives funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) The department shall allocate funding under paragraph (1) based on an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, except that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2024–25 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(3) A local educational agency receiving grant funding pursuant to this subdivision is encouraged to use these funds over the full grant period, through June 30, 2029. 2031.
(4) On or before June 30, 2027, and June 30, 2029, 2031, respectively, a recipient local educational agency shall submit an interim and final report to the department detailing how it used funds awarded pursuant to this subdivision using a reporting template developed by the department for the purposes of this requirement. Specifically
for literacy, the report shall include all of the following:
(A) How funds were used to employ literacy coaches and specialists for its eligible schoolsites.
(B) How funds were used to develop, improve, and expand upon school literacy programs, including English Language Development and dual language immersion programs, and other programs for multilingual learners.
(C) How expenditures impacted pupils’ literacy achievement, including achievement of high need pupil groups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy and bilingual specialists past the award period.
(E) Other metrics as determined by the department.
(5) For purposes of this subdivision, the following definitions apply:
(A) “Eligible schoolsite” means a schoolsite with an unduplicated pupil percentage of 94 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2024–25 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System that did not receive funding pursuant to Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of Chapter 48 of the Statutes of 2023, or Section 115 of Chapter 48 of the Statutes of 2023. 53008.5 or 53008.7. The unduplicated pupil percentage for a schoolsite shall be calculated by dividing the sum of the number
of unduplicated pupils, as defined in Section 42238.02, by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(B) “Local educational agency” means a school district, county office of education, or charter school.
(C) “School literacy program” means a program that includes all of the following:
(i) A school literacy plan that includes goals and actions to improve literacy acquisition for all pupils, including those needing targeted literacy support, in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress towards the goals and actions.
(ii) At least one literacy coach or specialist per schoolsite to support educators and pupils in improving literacy instruction and pupil outcomes. The literacy coach or specialist may serve educators and pupils schoolwide, beyond grade 3.
(iii) Increased access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following:
(I) Providing professional learning for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. This may include supporting educators in obtaining Reading and Literacy Leadership Specialist Credentials, Reading and Literacy Added Authorizations, and Bilingual Specialist Authorizations.
(II) Providing English language development and bilingual education specialists to support language development for multilingual learners.
(III) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(IV) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(ia) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(ib) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. A local educational agency may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(ic) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. A local educational agency shall be encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(id) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(D) “Schoolsite” means an elementary school operated by a local educational agency.
(c) (1) Of the amount appropriated in subdivision (a), fifteen million dollars ($15,000,000) shall be available for the Superintendent,
department, subject to the approval of the executive director of the state board, to select a county office of education or a consortium of county offices of education with expertise in both literacy instruction and multilingual education, through a competitive process, to provide training for educators to become literacy coaches and provide credentialing opportunities for educators to become reading and literacy and bilingual specialists, working with professional development providers, including, but not limited to, the California Reading and Literature Project, the California Writing Project, and other experts specializing in multilingual education. The Superintendent
department shall prioritize applicants with demonstrated success in improving literacy instruction and outcomes through dual language immersion and other programs for multilingual learners, through professional development based on the English Language Arts/English Language Development Framework adopted by the state board pursuant to Section 60207, the English Learner Roadmap adopted by the state board, and the Literacy Roadmap, especially for English learners and other high-need pupil groups and for those planning on partnering with institutions of higher education with demonstrated success in providing statewide professional development for expert literacy practice for multilingual learners.
(2) The selected county office of education or a consortium of county offices of education shall do all of the following:
(A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision.
(B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites.
(C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership Credential, a Bilingual Specialist Authorization, or any combination of those.
(3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction.
(4) Of the amount made available to the Superintendent department pursuant to paragraph (1), one million dollars ($1,000,000) shall be available to the selected county office of education or consortium of county offices of education to contract for an independent evaluation of their training and dissemination of literacy coaches and specialists under this subdivision.
chapter.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated from the General Fund in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year.
SEC. 118.
Section 53009.1 is added to the Education Code, immediately following Section 53009, to read:
53009.1.
(a) (1) The sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund to the department to augment the Literacy Coaches and Reading Specialists Grant Program established in Sections 53008.5, 53008.7, and 53009. Funds appropriated for this purpose are available for encumbrance through June 30, 2031.
(2) Of the amount appropriated in paragraph (1), one hundred fifty million dollars ($150,000,000) shall be allocated by the department to local educational agencies to supplement existing recipient funding pursuant to Section 53008.5 to extend the Literacy Coach and Reading Specialists Grant Program through June 30, 2031.
(3) Of the amount appropriated in paragraph (1), one hundred thousand dollars ($100,000,000) shall be allocated by the department to local educational agencies to supplement existing recipient funding pursuant to Section 53008.7 to extend the Literacy Coach and Reading Specialists Grant Program through June 30, 2031.
(4) Of the amount appropriated in paragraph (1), one hundred million dollars ($100,000,000) shall be allocated by the department to local educational agencies to supplement existing recipient funding pursuant to paragraph (1) of subdivision (b) of Section 53009, to extend the Literacy Coach and Reading Specialists Grant Program through June 30, 2031.
(b) (1) Funds appropriated pursuant to subdivision (a) shall be used to develop and sustain school literacy programs, including English language development and dual language immersion programs, and other programs for multilingual learners.
(2) A local educational agency may opt not to participate in the grant extension pursuant to this section by informing the department, by September 30, 2026, using a form provided by the department, of the local educational agency’s intent to decline additional program funds for their eligible schoolsites and the local educational agency.
(A) A charter school that was awarded funding pursuant to Section 53008.5, Section 53008.7, or Section 53009 that has ceased operation by July 1, 2026, shall not be awarded additional funding under this section.
(B) A local educational agency that receives funding pursuant to this or other programs for multilingual learners, employs and develops literacy coaches and specialists, and develops and implements interventions for pupils in need of targeted literacy support may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(3) The department shall allocate funding under paragraphs (2), (3), and (4) of subdivision (a) consistent with the grant amounts received by local educational agencies pursuant to Sections 53008.5, 53008.7, and 53009. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(4) A local educational agency receiving grant funding pursuant to subdivision (a) is encouraged to use these funds over the full grant period, through June 30, 2031.
(5) On or before June 30, 2031, a recipient local educational agency shall submit a report to the department detailing how it used funds awarded pursuant to subdivision (a) using a reporting template developed by the department for the purposes of this requirement. The report shall include all of the following:
(A) How funds were further used to employ literacy coaches and specialists for recipient schoolsites.
(B) How funds were used to develop, improve, and expand upon school literacy programs, including comprehensive English language development and dual language immersion programs, and other programs for multilingual learners.
(C) How expenditures impacted pupils’ literacy and biliteracy achievement, including achievement of high need pupil groups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy and bilingual specialists past the award period.
(E) Other metrics as determined by the department.
(6) For purposes of this section, the definitions in paragraph (5) of subdivision (b) of Section 53009 apply to this section.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 119.
Section 53009.5 is added to the Education Code, immediately following Section 53009.1, to read:
53009.5.
(a) For the 2026–27 fiscal year, the sum of forty million dollars ($40,000,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies that administer literacy screenings to pupils in kindergarten and grades 1 and 2 for risk of reading difficulties to support implementation of the requirements of Section 53008 of the Education Code, in the manner specified in this section.
(b) The Superintendent shall make the following computations in order to determine the amount of funding for each local educational agency:
(1) (A) Determine the total number of pupils in kindergarten and grades 1 and 2, but excluding pupils in transitional kindergarten, attending school in that local educational agency using the prior year’s school enrollment data as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification.
(B) Calculate a statewide total number of pupils by adding the total number of pupils identified pursuant to subparagraph (A) across all local educational agencies.
(2) Calculate a per-pupil rate by dividing the amount appropriated pursuant to subdivision (a) by the statewide total number of pupils identified in subparagraph (B) of paragraph (1).
(3) Calculate the apportionment for each local educational agency by multiplying the per-pupil rate calculated in paragraph (2) by the number determined in paragraph (1) for the local educational agency.
(c) The governing board or body of a local educational agency serving pupils in kindergarten or grade 1 or 2 shall expend the funds received pursuant to this section on any costs associated with the implementation of Section 53008 of the Education Code, including, but not limited to, the procurement of screening instruments, screening administration, and training for school employees to administer pupil screenings in kindergarten and grades 1 and 2, but excluding transitional kindergarten, in order to assess for risk of reading difficulties using screening instruments approved pursuant to subdivisions (b) and (c) of Section 53008.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
(e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 120.
Section 54451 is added to the Education Code, immediately following Section 54450, to read:
54451.
(a) Notwithstanding any other law, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the State Department of Education, in consultation with the State Department of Social Services, for the California’s New Americans in Schools (CalNAS) program, which is hereby established, to provide services for newcomer pupils, English learners, and immigrant families. This funding shall be available for encumbrance until June 30, 2032.
(b) Funds allocated under this section shall be used to plan, design, and implement academic and social support services for the purpose of improving pupils’ educational outcomes and well-being. Allowable uses for funds allocated under this section include, but are not limited to, all of the following:
(1) Professional development and resources for staff designed to effectively support immigrant pupils and families.
(2) Academic supports, including, but not limited to, specialized academic and English language development instruction and programming and college and career counseling, including on the exercise of newcomer pupil rights under Sections 51225.1 and 51225.2.
(3) Social support services, including, but not limited to, family engagement, connection to community resources, extracurricular programs, transportation, and pupil leadership.
(4) Contracting with immigration legal services providers to support outreach or immigration-related legal and other support services to pupils and families pursuant to Chapter 5.6 (commencing with Section 13300) of Part 3 Division 9 of the Welfare Institutions Code.
(c) Notwithstanding any other law, the State Department of Education shall award grants on a competitive basis to local educational agencies for purposes of this section. The department, in consultation with the executive director of the state board, may further refine the allocation formula of the grants to ensure the funds are allocated to the intended targeted population. Award amounts shall be prioritized based on the following factors:
(1) The percentage of pupils, defined as socioeconomically disadvantaged in Section 42238.024, that the local educational agency serves, with local educational agencies serving the highest percentage of socioeconomically disadvantaged pupils being prioritized first.
(2) The percentage of pupils in the local educational agency who are English learners.
(d) Of the amount appropriated in subdivision (a), ten million dollars ($10,000,000) shall be available to the State Department of Education to competitively award a grant to a local educational agency, or a consortium of local educational agencies, to provide statewide technical assistance for the CalNAS program, including all of the following:
(1) Providing technical assistance to establish immigrant pupil support programs for grantees, including resources for planning and implementation, such as program models, best practices, and resources for implementing academic, social, and legal supports.
(2) Professional development opportunities for school employees in addressing the needs of newcomer pupil and immigrant family populations, including antibias education and training, specialized academic and English language development instruction, social supports, and other supports as needed.
(3) Convenings and resource sharing opportunities for grantees to share successful strategies in serving newcomer pupils and immigrant families.
(e) The technical assistance provider awarded in subdivision (d) shall submit a biannual report to the State Department of Education, the Department of Finance, the State Department of Social Services, and the appropriate legislative fiscal and policy committees by no later than January 20, 2033. This report shall include success strategies in serving newcomer pupils and immigrant families, academic outcomes of the pupils that the grantees served, and services provided using the funds.
(f) The State Department of Social Services, the State Department of Education, and local educational agencies shall ensure that any data collected or reported pursuant to this section, including any data collected by a community based organization, complies with Section 234.7, as well as any other restrictions, prohibitions, or other requirements of state or federal law regarding the confidentiality of pupil and family information.
(g) For purposes of this section, “local educational agency” means a county office of education, school district, or charter school.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 121.
Section 54681 of the Education Code is amended to read:
54681.
(a) The department shall administer the Dream Resource Center Grant Program, which shall be a four-year grant program.
(b) (1) (A) A local educational agency, including those that have already established a Dream Resource Center at one or more schoolsites, may apply for funds for one or more schoolsites within the local educational agency.
(B) A local educational agency that can demonstrate that they are already providing resources specified in subdivision (b) of Section 54680 through existing programmatic structures, including, but not limited to, community schools or redesigned high schools, may also apply for funds to establish a Dream Resource Center and expand upon existing services.
(2) An application shall demonstrate the need for a Dream Resource Center at one or more schoolsites within the local educational agency or the need for supplemental funding at one or more schoolsites within the local educational agency that has already established a Dream Resource Center.
SEC. 122.
Section 54682 of the Education Code is amended to read:
54682.
(a) The department shall perform all of the following functions in the administration of the Dream Resource Center Grant Program:
(1) Review applications and award grants based off of a tiered point system that prioritizes applications for funding as follows:
(A) Local educational agencies that are applying for funds for multiple schoolsites shall be given additional points.
(B) Local educational agencies in underserved areas, including those in rural areas, shall be given additional points to ensure local educational agencies across the state are given fair opportunities for funding.
(C) Local educational agencies that serve a large number of English learners shall be given additional points.
(D) Local educational agencies that serve a large number of pupils who are eligible for free or reduced-price meals, as defined in Section 42238.01, shall be given additional points.
(E) Award no more than 5 percent of the total funding to supplementing the funding of existing Dream Resource Centers.
(2) Identify data to be collected by grant recipients.
(3) Identify how the department will collect data reported by grant recipients.
(b) The department and local educational agencies shall ensure that any data collected or reported pursuant to this program, including any data collected by community-based organizations or institutions of higher education pursuant to Section 54683, complies with Section 234.7, as well as any other restrictions, prohibitions, or other requirements of state or federal law regarding the confidentiality of pupil and family information.
SEC. 123.
Section 54683 of the Education Code is amended to read:
54683.
(a) A grant recipient shall use the grant for either of the following purposes:
(1) (A) To create a Dream Resource Center that provides pupils with the resources identified pursuant to subdivision (b) of Section 54680.
(B) Schoolsites may choose to have the Dream Resource Center solely supported by the schoolsite or can choose to have the Dream Resource Center be supported through memorandums of understanding between the schoolsite and community-based organizations or institutions of higher education.
(2) To supplement, but not supplant, funding for an existing Dream Resource Center that provides pupils with the resources identified pursuant to subdivision (b) of Section 54680.
(b) At the conclusion of the grant term, grant recipients shall provide a final report to the department containing both of the following:
(1) Data collected pursuant to paragraph (2) of subdivision (a) of Section 54682.
(2) Successes, best practices, barriers or constraints, outcomes, and other components specified by the department.
SEC. 124.
Section 54684 of the Education Code is amended to read:
54684.
On or before June 1, 2026, December 30, 2028, again on or before December 30, 2030, and again on or before December 30, 2032, the department shall submit a report to the appropriate policy committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of Dream Resource Centers funded with grants pursuant to this article. The report shall include the data collected pursuant to paragraph (2) of subdivision (b)
(a) of Section 54682.
SEC. 125.
Section 54685.1 is added to the Education Code, immediately following Section 54685, to read:
54685.1.
(a) For the 2026–27 fiscal year, the sum of seventy five million dollars ($75,000,000) is hereby appropriated from the General Fund to the department to support the Dream Resource Center Grant Program pursuant to this article. This funding shall be available for encumbrance until June 30, 2030.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
SEC. 126.
Section 56836.146 of the Education Code is amended to read:
56836.146.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following:
(1) Six hundred twenty-five dollars ($625) per unit of average daily attendance.
(2) The amount of funding per unit of average daily attendance calculated in the 2019–20 fiscal year pursuant to Section 56836.08 for the special education local plan area.
(b) For the 2021–22 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following:
(1) Seven hundred fifteen dollars ($715) per unit of average daily attendance.
(2) The amount of funding per unit of average daily attendance calculated in the 2020–21 fiscal year pursuant to paragraph (2) of subdivision (a), adjusted by the inflation factor described in Section 56836.142, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year.
(c) For the 2022–23 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following:
(1) Eight hundred twenty dollars ($820) per unit of average daily attendance.
(2) The amount of funding per unit of average daily attendance calculated in the 2021–22 fiscal year pursuant to paragraph (2) of subdivision (b).
(d) Commencing with the For the 2023–24 fiscal year and for each fiscal year thereafter, to 2025–26 fiscal years, inclusive, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following:
(1) For the 2023–24 fiscal year, the amount of funding per unit of average daily attendance calculated for the 2022–23 fiscal year pursuant to paragraph (1) of subdivision (c), adjusted by the inflation factor described in Section 56836.142. For each fiscal year thereafter, the 2024–25 and 2025–26 fiscal years,
the amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142.
(2) The amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to paragraph (2) of subdivision (c).
(e) For the 2026–27 fiscal year, the amount of funding per unit of average daily attendance for each special education local plan area shall be one thousand three hundred forty dollars ($1,340).
(f) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the Superintendent shall calculate the amount of funding per unit of average daily attendance for each special education local plan area by adjusting the amount of funding per unit of average daily attendance for the prior fiscal year by the inflation factor described in Section 56836.142.
(g) For purposes of calculating the amount of funding per unit of average daily attendance for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations:
(1) For the 2020–21 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2019–20 fiscal year pursuant to Section 56836.10 by 13 percent and then multiply by the inflation factor described in Section 56836.142 for the 2020–21 fiscal year.
(2) For the 2021–22 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2020–21 fiscal year by 10 percent, and then adjust that amount by the inflation factor described in Section 56836.142 for the 2021–22 fiscal year, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year.
(3) For the 2022–23 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2021–22 fiscal year by 14 percent.
(4) For the 2023–24 fiscal year and for each fiscal year thereafter,
to the 2025–26 fiscal years, inclusive, the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year shall be adjusted by the inflation factor described in Section 56836.142 for the current fiscal year.
(5) For the 2026–27 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2025–26 fiscal year by 46 percent.
(6) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year shall be adjusted by the inflation factor described in Section 56836.142 for the current fiscal year.
SEC. 127.
Section 56836.148 of the Education Code is amended to read:
56836.148.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) Section 56836.144 for the corresponding special education local plan area.
(b) For the 2021–22 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (b) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144 for the corresponding special education local plan area.
(c) For the 2022–23 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (c) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144.
(d) Commencing with For the 2023–24
to 2025–26 fiscal year and for each fiscal year thereafter, years, inclusive, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (d) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144.
(e) For the 2026–27 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (e) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144.
(f) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (f) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144.
(g) For purposes of calculating the base funding for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations:
(1) For the 2020–21 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (1) of subdivision (e)
(g)
of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144.
(2) For the 2021–22 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (2) of subdivision (e) (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144.
(3) For the 2022–23 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (3) of subdivision (e)
(g)
of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144.
(4) Commencing with For the 2023–24 fiscal year and for each fiscal year thereafter, multiple to 2025–26 fiscal years, inclusive, multiply the amount of funding per unit of average daily attendance computed in paragraph (4) of subdivision (e) (g) of
Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144.
(5) For the 2026–27 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (5) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144.
(6) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, multiply the amount of funding per unit of average daily attendance computed in paragraph (6) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144.
(h) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, the Superintendent shall make publicly available the amount of special education funding each local educational agency generates for their special education local plan area pursuant to subdivisions (c) and (d).
(i) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, each special education local plan area shall report to their member local educational agencies no later than 30 days after receiving their apportionment the amount of funding each local educational agency generates pursuant to subdivisions (c) and (d).
(j) For the 2023–24 fiscal year, each special education local plan area shall, at a minimum, allocate special education funding to all of its member local educational agencies equal to the total sum of base grant funding, calculated pursuant to this section, allocated to all of its member local educational agencies in the 2022–23 fiscal year multiplied by the sum of one plus the inflation factor, as defined in paragraph (1) of subdivision (b) of Section 56836.142 for the 2023–24 fiscal year, and then multiplied by the sum of one plus the percent change in funded average daily attendance of its member local educational agencies from the 2022–23 fiscal year to the 2023–24 fiscal year pursuant to Section 56836.144.
(k) Nothing in this section shall prohibit a member local educational agency from allocating funds back to their special education local plan area for purposes of providing regionalized or other programmatic services.
SEC. 128.
Section 60900.5 of the Education Code is amended to read:
60900.5.
(a) The California College Guidance Initiative (CCGI), as defined in Section 10861, is hereby authorized to provide its services to all local educational agencies.
(b) In furtherance of paragraph (5) of subdivision (b) of Section 10867, the department shall enter into a memorandum of understanding with the CCGI, as authorized in subdivision (a), to accomplish all of the following:
(1) Share pupil course level data to inform individual pupil accounts on the operational tools.
(2) Collect additional data elements to ensure proper functioning and to incentivize use of the operational tools.
(3) Share pupil level data with the Student Aid Commission, postsecondary educational institutions, and programs that support college and career planning, application, and transition, as permitted under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
(4) Notwithstanding subdivision (g) of Section 10860 and subdivision (c) of Section 10863, fully effectuate the intent of the California Cradle-to-Career Data System Act pursuant to Chapter 8.5 (commencing with Section 10850) of Part 7 of Division 1 of Title 1.
(c) The department, the California State University, the University of California, the California Community Colleges, and the Student Aid Commission shall promote the California High School Transcript and Student Record Portability Standard, which is maintained in a repository of data standards at the Office of Cradle-to-Career Data and managed by the CCGI for use by all local educational agencies that serve pupils in grades 9 to 12, inclusive, to support uniformity of electronic student transcript data.
(d) The department shall provide guidance to local educational agencies through CalPADS to clarify data standards and promote best practices.
(e) The department shall refer local educational agencies to CCGI for technical assistance in reconciling for both of the following:
(1) Reconciling discrepancies between A–G coursework, as listed in their local pupil information system, and how those courses are registered in the University of California Course Management Portal at the office of the President of the University of California, or a successor A–G course management portal.
(2) Ensuring that dual enrollment courses are flagged in the data files submitted to CCGI, as required by paragraph (3) of subdivision (f) of Section 60900, based on the California High School Transcript and Student Record Portability Standard and its associated data specifications pursuant to paragraph (4) of subdivision (g) of Section 60900.
(f) The department shall inform local educational agencies of the additional use of data submitted to CCGI pursuant to paragraph (3) of subdivision (f) of Section 60900, and advise local educational agencies to include in their annual parent notifications, as required by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), that the data will:
(1) Be shared with the CCGI.
(2) Be used to provide pupils and families with direct access to online tools and resources.
(3) Enable a pupil to transmit information shared with the CCGI to both of the following:
(A) Postsecondary educational institutions for purposes of admissions and academic placement.
(B) The Student Aid Commission for purposes of determining eligibility for, and increasing uptake of, student financial aid.
(g) The Legislature finds and declares its intent that the CCGI, upon full implementation and ongoing administration of this section, provide all of the following services:
(1) A free college and career planning curriculum and internet website for grades 6 to 12, inclusive, designed to provide touch points three to six times per year.
(2) Financial aid curriculum for grades 9 to 12, inclusive, and developed in consultation with the Student Aid Commission.
(3) Support to local educational agencies to plan for and monitor use of planning tools and curriculum.
(4) Tools to enable pupils and their families to determine if they are on track to meet college qualifications, based on their individual goals, and to allow authorized secondary school counselors to view the progress of individual pupils on meeting California State University and University of California eligibility requirements.
(5) Validation of data relating to A–G admission requirements for all coursework, including, but not limited to, dual enrollment coursework, in local pupil information systems that is flagged with respect to the University of California Course Management Portal.
(6) Technical assistance to local educational agencies on data cleanup processes.
(7) Providing statewide pupil identification numbers to the California Community Colleges, the California State University, the University of California, and the Student Aid Commission so that information stored in local systems will improve matches for research purposes and the California Cradle-to-Career Data System.
(8) Transcripts processed in near real time with the California Community Colleges, the California State University, the University of California, and the Student Aid Commission, using an application programming interface.
(9) Inform the California Community Colleges, the California State University, and the University of California of high school pupils’ demographic and program participation information, including, but not limited to, whether they are a first-generation college student, homeless, migrant, or economically disadvantaged.
(10) Provide information and data on race or ethnicity, grade point average, high school graduation status, pupil and parent contact information, and where pupils applied to college to the Student Aid Commission through a faster application programming interface format and pursuant to a memorandum of understanding. This process shall only go into effect after data-sharing agreements have been established pursuant to subparagraph (B) of paragraph (3) of subdivision (f) of Section 60900 between all California local educational agencies and the California College Guidance Initiative, and the California College Guidance Initiative has received complete data files from all local educational agencies pursuant to paragraph (3) of subdivision (f) of Section 60900.
(11) Prepopulation of California Community Colleges, California State University, and University of California application fields related to statewide pupil identification numbers, transcript data, demographic information, and other data elements that can reduce barriers for pupils.
(12) Development of new planning tools related to career and technical education pathways, apprenticeships, transfer options, and regional labor markets.
(h) The scaling of the CCGI is further intended to address all of the following problems and state needs:
(1) Reduce equity gaps in college-going rates by ensuring that all pupils and their families have the information needed to develop college and career plans, starting in grade 6, and to secure financial aid.
(2) Enable secondary school counselors to monitor where pupils are applying and support them to complete applications.
(3) Identify secondary school courses that are incorrectly flagged as fulfilling California State University and University of California eligibility requirements compared to the University of California Course Management Portal.
(4) Reduce structural barriers by allowing pupils to launch college and financial aid applications from a single location, using one set of log on credentials.
(5) Ensure that pupils can easily and quickly transmit academic records to public postsecondary educational institutions when applying for admission.
(6) Share additional information with the Student Aid Commission to validate and reduce the time to determine eligibility for Cal Grant awards.
(7) Reduce the administrative burden on local educational agencies and colleges to transmit and validate records.
(8) Strengthen data that can be used to match pupil records.
(i) On or before September 1, 2022, and on or before September 1 of each year thereafter, the Riverside County Office of Education, in collaboration with the department, shall report to the Director of Finance and the Joint Legislative Budget Committee regarding the annual budget for the CCGI as supported through the annual Budget Act. The annual report due on or before September 1, 2022, shall only address any changes to the first annual report provided in March 2022 pursuant to this subdivision. Each annual report thereafter shall include, but not necessarily be limited to, all of the following information:
(1) All other public and private sources of revenue.
(2) How prior fiscal year funds were spent and current fiscal year funds are budgeted to be spent.
(3) A budget change proposal, if any additional funds are being requested for the budget year.
(4) The names and locations of local educational agencies that have partnered with the CCGI, including identification of local educational agencies that were added in the prior fiscal year and are intended to be added in the budget year.
(5) The names of postsecondary educational agencies that have partnered with the CCGI, including identification of postsecondary educational agencies that were added in the prior fiscal year and the budget year and identification of any postsecondary educational agencies that terminated their partnership with the CCGI.
(6) Internet website analytics on identifying the number of accounts, types of activities completed, and the number of pupils that applied to college via the CCGI.
(7) Information on progress towards meeting the deliverables expected of the CCGI pursuant to subdivision (a).
SEC. 129.
Section 66032.2 of the Education Code is amended to read:
66032.2.
(a) The California Center for Inclusive College is hereby established and shall be administered by the county office of education or county offices of education selected pursuant to subdivision (b), working in partnership with regional centers, public postsecondary educational institutions, and the University of California, Davis MIND Institute.
(b) Commencing with the 2024–25 fiscal year, the sum of two million dollars ($2,000,000) shall be annually appropriated each fiscal year from the General Fund to the Superintendent to, in consultation with the executive director of the State Board of Education, allocate to one or more county offices of education selected to administer the center consistent with this section.
(c) (1) For the 2026–27 fiscal year, the Superintendent shall allocate the funding appropriated in Provision 3 of Item 6100-488 of Section 2.0 of the Budget Act of 2026 to the California Center for Inclusive College for purposes of implementing inclusive college programs, as defined in Section 66032.1. This funding shall be available for encumbrance through June 30, 2032.
(2) Of the funds available for the purpose described in paragraph (1), up to fifteen percent may be used for the administration of grant awards pursuant to this subdivision.
(3) The California Center for Inclusive College shall submit a report to the Department of Finance on or before December 1, 2026, detailing how it plans to award funds for institutions of higher education that are implementing new inclusive college programs, maintaining existing inclusive college programs, and expanding inclusive college programs. The report shall include, but not be limited to, the number of programs the center estimates the funding can support, the length of the grant period for the awards, characteristics of programs for grant prioritization if applicable, and how the center will provide oversight of the grant awardees. No funding shall be awarded to inclusive college programs under this subdivision until this report is approved by the Department of Finance.
(d) The responsibilities of the center shall include, but are not limited to, all of the following:
(1) Assisting California inclusive college programs in aligning with the federal requirements, standards, and quality indicators identified by the National Center for Information and Technical Support for Postsecondary Students with Disabilities and the coordinating center described in Section 1140q(b) of Title 20 of the United States Code, pursuant to Section 1140q of Title 20 of the United States Code.
(2) Assisting California inclusive college programs with the development and submission of federal comprehensive transition and postsecondary program applications.
(3) Facilitating collaboration between local educational agencies, regional centers, local Department of Rehabilitation field offices, and
inclusive college programs to support students with intellectual disabilities and their parents, families, and supporters to plan for postsecondary transition. transition, which shall include plans for high school diploma attainment.
(4) Assisting public postsecondary educational institutions and inclusive college programs with the identification of potential funding sources to establish, sustain, or expand upon inclusive college programs, including student financial assistance opportunities.
(5) Supporting inclusive college programs with guidance and assistance when applying for potential funding sources and student financial assistance opportunities.
(6) Holding meetings and annual workshops to share best practices and provide technical assistance on developing and establishing an inclusive college program, including opportunities to transition two-year programs to four-year programs and to incorporate a residential living component.
(7) Disseminating to local educational agencies, local Department of Rehabilitation field offices, and regional centers information about, but not limited to, all of the following:
(A) Education programs, services, and resources that are available at inclusive college programs.
(B) Supports, accommodations, technical assistance, and training provided by inclusive college programs.
(C) Mentoring, networking, and employment opportunities available at inclusive college programs.
(8) Meeting regularly with interested parties, including, but not limited to, people with intellectual disabilities and their parents, families, and supporters; staff of the State Department of Education, the State Board of Education, the State Department of Developmental Services, the Department of Rehabilitation, and the State Council on Developmental Disabilities; and public postsecondary educational institutions, with the goal of providing continuous improvement to the delivery of inclusive college programs to students with intellectual disabilities, by doing both of the following:
(A) Identifying federal grant funding opportunities for state agencies and assisting inclusive college programs in investigating options for long-term programmatic and fiscal sustainability.
(B) Sharing best practices, barriers, and challenges to establishing or expanding inclusive college programs.
(e) (1) For the 2024–25 fiscal year, of the amount appropriated pursuant to subdivision (b), up to five hundred thousand dollars ($500,000) shall be available for the center to convene an advisory workgroup consisting of representatives from at least two, but not more than six, existing inclusive college programs throughout the state to consult with the center and to do all of the following:
(A) Collect and share best practices for inclusive college programs.
(B) Advise and assist the center in determining areas of greatest need for technical assistance for inclusive college programs.
(C) Support the center in exploring methods of capacity building to strengthen existing inclusive college programs.
(2) Each inclusive college program with representatives in the advisory workgroup shall be reimbursed for any actual and necessary expenses incurred in connection with their participation in the advisory workgroup, in an amount not to exceed one hundred thousand dollars ($100,000) for each inclusive college program.
(f) To the extent practicable, the center shall leverage resources from the National Center for Information and Technical Support for Postsecondary Students with Disabilities and the coordinating center described in Section 1140q(b) of Title 20 of the United States Code, pursuant to Section 1140q of Title 20 of the United States Code, for best practices, frameworks, and effective implementation of programs for students with disabilities, including long-term planning to increase inclusive college programs.
(g) Beginning in the 2025–26 fiscal year, and annually thereafter, on or before March 1 each fiscal year, the center shall provide to the Governor, the Legislature, and the Department of Finance a report regarding the implementation of this section; relevant data, including, but not limited to, student activities and demographic information, to the extent feasible and meaningful to measure access, equity, and outcomes; and recommendations to expand evolving best practices.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated.
SEC. 130.
Section 69617 of the Education Code is amended to read:
69617.
(a) (1) (A) Subject to moneys appropriated by the Legislature for purposes of this section, the commission shall administer the Golden State Teacher Grant Program. Under the program, the commission shall provide one-time grant funds of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, on or after between January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of
Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program.
(B) For Except as provided in subparagraph (C), for applications received under the program beginning on July 1, 2024, to June 30, 2026, inclusive,
2024, the commission shall provide reduced one-time grant funds of up to ten thousand dollars ($10,000) to each student eligible for a grant pursuant to subparagraph (A), enrolled, or who has applied for enrollment, on or after July 1, 2024, in a professional preparation program leading to a preliminary teaching credential in a high-need field or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, except teacher intern credential
program participants, if the student commits to working at a priority school or a California preschool program for two years within the four years following the date the student completes the professional preparation program.
(C) (i) Beginning on July 1, 2026, for applications received under the program and funded through local assistance support from federal Individuals with Disabilities Education Act funds, the commission shall provide one-time grants of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, on or after July 1, 2026, in a professional preparation program leading to a special education credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program.
(ii) The commission may, upon approval from the Department of Finance, use moneys from the General Fund to provide grants prescribed by clause (i) in the event that federal Individuals with Disabilities Education Act funds transfers to the commission are delayed. Once federal Individuals with Disabilities Education Act funds are received, the commission shall reimburse the General Fund moneys used pursuant to this clause on a quarterly basis within the same fiscal year.
(2) (A) Under the program, the commission shall provide one-time grant funds of up to ten thousand dollars ($10,000) to each California resident student enrolled, or who has applied for enrollment, on or after between
January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or pupil personnel services credential at a qualified institution, as determined by the commission Commission on Teacher Credentialing pursuant to Section 69617.5, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program. Of the funds appropriated in support of the program, no more than 8 percent of the total funding may be allocated for the purpose of awards provided pursuant to this paragraph.
(B) For Except as provided in subparagraph (C), for applications received
beginning on July 1, 2024, to June 30,
2026, inclusive, under the program, the commission shall provide reduced one-time grant funds of up to five thousand dollars ($5,000) to each student eligible for a grant pursuant to subparagraph (A), except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for two years within the four years following the date the student completes the professional preparation program.
(C) (i) Beginning on July 1, 2026, for applications received under the program and funded through local assistance support from federal Individuals with Disabilities Education Act funds, the commission shall provide one-time grants of up to ten thousand dollars ($10,000) to each student enrolled, or who has applied for enrollment, on or after July 1, 2026, in a professional preparation program leading to a special education credential at a qualified institution, as determined by the Commission on Teacher Credentialing pursuant to Section 69617.5, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program.
(ii) The commission may, upon approval from the Department of Finance, use moneys from the General Fund to provide grants prescribed by clause (i) in the event that federal Individuals with Disabilities Education Act funds transfers to the commission are delayed. Once federal Individuals with Disabilities Education Act funds are received, the commission shall reimburse the General Fund moneys used pursuant to this clause on a quarterly basis within the same fiscal year.
(D) Of the funds appropriated in support of the program, no more than 8 percent of the total funding may be allocated for the purpose of awards provided pursuant to this paragraph.
(3) (A) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021 shall be available for encumbrance or expenditure by the commission until June 30, 2026.
(B) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2025 and the Budget Act of 2026 shall be available for encumbrance or expenditure by the commission until June 30, 2029.
(C) For applications submitted to the commission in the 2023–24 fiscal year, the commission shall issue no more than fifty million dollars ($50,000,000) in grants pursuant to this section.
(4) Grant funds shall be used to supplement and not supplant other sources of grant financial aid, and may be disbursed in more than one academic year, provided that the total amount of funds granted to an applicant does not exceed the applicable amount specified in this section.
(b) The one-time grant funds issued pursuant to this section shall not exceed the amount appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021.
(c) Commencing July 1, 2024, the commission shall prioritize awards to eligible applicants with the lowest income and asset levels at the time of application. Income and asset levels shall be calculated using the same methodology set forth for the Student Aid Index.
(d) (1) A grant recipient shall agree to serve at a priority school or a California preschool program for two or four years, as applicable, and shall have four or eight years, as applicable, upon completion of the recipient’s professional preparation program, to meet that obligation. Except as provided in paragraph (4), a grant recipient shall agree to repay the state 50 or 25 percent, as applicable, of the total received grant funds annually, up to full repayment of the received grant funds, for each year the recipient fails to do one or more of the following:
(A) Be enrolled in or have successfully completed a professional preparation program approved by the Commission on Teacher Credentialing.
(B) While enrolled in the professional preparation program, maintain good academic standing.
(C) Before or upon completion of the professional preparation program, complete a baccalaureate degree program from a regionally accredited institution of higher education.
(D) Complete the required teaching service or clinical practice following completion of the recipient’s professional preparation program.
(E) Complete their teacher preparation program and earn a preliminary credential within six years after the first distribution of grant funds.
(2) Nonperformance of the commitment to serve at a priority school or a California preschool program for the applicable two or four years shall be certified by the commission.
(3) Nonperformance of the commitment to earn a preliminary teaching credential or
credential, pupil personnel services credential, or special education credential shall be certified by the Commission on Teacher Credentialing to the Student Aid Commission.
(4) Any exceptions to the requirement for repayment shall be defined by the commission, and may include, but shall not necessarily be limited to, counting a school year towards the required applicable service requirement at a priority school or a California preschool program if a grant recipient is unable to complete the school year when any of the following occur:
(A) The grant recipient has completed at least one-half of the school year or preschool program year, as applicable.
(B) The employer deems the grant recipient to have fulfilled the grant recipient’s contractual requirements for the school year or preschool program year, as applicable, for purposes of salary increases, probationary or permanent status, and retirement.
(C) The grant recipient was not able to serve due to the financial circumstances of the school district, including a decision to not reelect the employee for the next succeeding school year.
(D) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
(E) The grant recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(f)
(e) The commission shall develop a process by which students interested in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential may submit a request for a preenrollment conditional award notice from the commission. The notice shall provide information regarding the Golden State Teacher Grant Program award amount the student may be eligible to receive upon enrollment in the professional preparation program and formal application to the commission to participate in the Golden State Teacher Grant Program.
(f) (1) A “priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02.
(2) A “high-need field” means a field designated as a having the most significant shortages by the commission and may include any of the following:
(A) Credentials issued in conjunction with a bilingual or computer science authorization.
(B) Mathematics, science, or technology credentials.
(C) Special education credentials.
(3) The commission, in coordination with the State Department of Education, shall publish a list of priority schools by April 15 of each year.
(4) For purposes of satisfying the service requirement, a grant recipient may use service at a school listed on the most recent list of priority schools published by the commission that is available when the grant recipient seeks employment at a priority school. Further service at that school shall continue to satisfy the applicable service requirement, even if the school is no longer included on future priority school lists.
(g) (1) The commission may adopt regulations, including any amendments to regulations, necessary for the implementation of the Golden State Teacher Grant Program. The commission may adopt emergency regulations it deems necessary for the implementation of this program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code.
(2) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to paragraph (1) shall remain in force and effect until June 30, 2026. 2030.
(3) No rule, policy, or standard of general application issued by the commission in implementing this section shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h) The commission shall conduct, in partnership with the Commission on Teacher Credentialing, an evaluation of the Golden State Teacher Grant Program to determine the effectiveness of the program in recruiting credential candidates and employing credentialholders at priority schools and California preschool programs. The commission is encouraged to use qualitative and quantitative measures to quantify the number of credential candidates the program recruited into professional preparation programs, disaggregated by program and institution type, and the number of credentialholders employed at priority schools and California preschool programs, disaggregated by subject matter placement, and to describe the effects of the program on the decisions of credential candidates to enter and remain in the education field. The commission shall provide, with respect to the evaluation, a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 31, 2025, and every two years thereafter.
(i) (1) The commission shall accept applications for the Golden State Teacher Grant Program beginning on September 1 for the following academic year and shall establish a process and timeline that allows institutions of higher education to provide applicants with grant eligibility determinations before the deadline for enrolling in their professional preparation program.
(2) Commencing July 1, 2024, the commission shall establish up to three application periods each year, consistent with subdivision (a).
(j) The commission shall permit grant recipients to receive funds in more than one academic year, provided the total amount of funds granted to any applicant does not exceed the applicable amount specified in this section.
(k) As used in this section, “California preschool program” means a state-funded or federally funded preschool program in the state, including California state preschool programs, tribal preschool programs, and Head Start programs.
SEC. 131.
Section 76001.5 is added to the Education Code, to read:
76001.5.
(a) Courses offered through a dual enrollment program offered by the local educational agency, with an agreement with an institution of higher education, shall be deemed dual credit courses.
(b) A dual credit course offered pursuant to subdivision (a) may be counted simultaneously toward both of the following:
(1) High school credit on an official transcript from the participating local educational agency.
(2) Postsecondary credit on an official transcript at the participating institution of higher education.
SEC. 132.
Section 76004 of the Education Code is amended to read:
76004.
Notwithstanding Section 76001 or any other law:
(a) (1) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.
(2) As used in this section, “high school” includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.
(3) As used in this section, “underrepresented in higher education” may include first-time college students, low-income students, students who are current or former foster youth, homeless students, students with disabilities, and students with dependent children.
(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:
(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.
(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.
(c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership, and shall include, but not be limited to, the total number of high school pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupil’s participation in the CCAP partnership.
(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education partner.
(3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.
(d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section, or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).
(e) A community college district shall allow an existing CCAP partnership to be amended, or a new CCAP agreement to be established with a school district or county office of education and a community college district outside of the primary community college district’s service area, if the primary community college district has declined a request from the school district or county office of education, or has failed to take action within 60 calendar days of a request by the school district or county office of education, to either amend into the existing CCAP partnership the requested courses, or to approve another community college district to enter into a CCAP partnership to offer those courses.
(f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee by a local educational agency or community college district that is prohibited by Section 49011.
(g) (1) A community college district participating in a CCAP partnership shall assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with the middle college high school provisions in Section 76001.
(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupil’s registration priority for enrollment and course registration at a community college.
(h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or convicted of any controlled substance offense as defined in Section 87011.
(i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.
(j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.
(k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure both of the following:
(1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.
(2) Participation in a CCAP partnership is consistent with the core mission of the community colleges as described in Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.
(l) The CCAP partnership agreement shall certify that both the school district or county office of education and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.
(m) The CCAP partnership agreement shall specify both of the following:
(1) Which partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.
(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.
(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupil’s junior or senior year to ensure that the pupil is prepared for college-level work upon graduation.
(o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday and the community college course is offered pursuant to a CCAP partnership agreement.
(2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.
(p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus, if all of the following circumstances are satisfied:
(1) The units constitute no more than four community college courses per term.
(2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.
(3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.
(q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt pupils seeking to enroll in a community college course required for the pupil’s CCAP partnership program from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.
(r) The governing board of a community college district participating in a CCAP partnership agreement shall enroll high school pupils in any course that is part of a CCAP partnership agreement offered at a community college campus. Courses offered through the CCAP program may be offered at the community college campus or the participating high school campus.
(s) A district or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.
(t) (1) The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district or county office of education has received reimbursement for the same instructional activity.
(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.
(u) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:
(A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.
(B) The total number of community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants.
(C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.
(D) The total number of full-time equivalent students generated by CCAP partnership community college district participants.
(E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants.
(2) On or before May 1 of each year, the chancellor shall aggregate the information annually reported pursuant to paragraph (1) and submit a report of that information to all of the following:
(A) The Legislature, in compliance with Section 9795 of the Government Code.
(B) The Director of Finance.
(C) The Superintendent.
(3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.
(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupil’s attendance at a community college as a special part-time student participating in a CCAP partnership agreement.
(v) A community college district that violates this article, including, but not limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.
(w) This section does not affect a dual enrollment partnership agreement existing on January 1, 2016, under which an early college high school, a middle college high school, or a California Career Pathways Trust existing on January 1, 2016, is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on January 1, 2016, shall not operate as a CCAP partnership unless it complies with this section.
(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.
(y) The governing body of a regional occupational center or program may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.
SEC. 133.
Section 17581.6 of the Government Code is amended to read:
17581.6.
(a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (f).
(b) Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section.
(c) (1) (A) A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Superintendent of Public Instruction on or before August 30 of that fiscal year.
(B) A charter school regarded as a continuing charter school pursuant to subparagraph (E) of paragraph (5) of subdivision (a) of Section 47605 of the Education Code, subparagraph (B) of paragraph (5) of subdivision (c) of Section 47605.1 of the Education Code, subdivision (d) of Section 47605.9 of the Education Code, or paragraph (3) of subdivision (b) of Section 47612.7 of the Education Code, shall do all of the following in the first year the charter school is affected by an action to restructure:
(i) Provide timely notification to the Superintendent of Public Instruction pursuant to Section 47653 of the Education Code.
(ii) Submit a letter requesting funding on or before August 30 of the fiscal year for which funding is requested pursuant to subparagraph (A) or 30 days after the charter school is assigned a number by the State Board of Education pursuant to Section 47602 of the Education Code, whichever is later.
(iii) As applicable, provide to the Superintendent of Public Instruction the prior year average daily attendance attributable to each restructured charter school to be used in the calculation of funding. The charter school shall provide data in a format prescribed by the Superintendent of Public Instruction. The total average daily attendance attributable to the restructured charter school or schools pursuant to this clause shall not exceed the total prior year average daily attendance of the original charter school. The definitions in Section 47654 of the Education Code apply for purposes of this subparagraph.
(2) (A) The Superintendent of Public Instruction shall, in the month of November of each year, apportion block grant funding appropriated pursuant to Item 6100-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item, except as provided in subparagraph (B).
(B) In the first year that a charter school is affected by an action to restructure pursuant to Section 47654 of the Education Code, the Superintendent of Public Instruction may apportion funds after November of that fiscal year to a charter school that is eligible for funding pursuant to subparagraph (B) of paragraph (1) and that has submitted a letter requesting funding after August 30 of that fiscal year.
(3) A school district or county office of education that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (f) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section.
(d) Commencing with the 2017–18 fiscal year, the per unit average daily attendance funding rates specified in the provisions of Item 6100-296-0001 of the annual Budget Act shall be adjusted annually by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
(e) Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code.
(f) Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities:
(1) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(2) AIDS Instruction and AIDS Prevention Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998).
(3) Cal Grant: Opt-Out Notice and Grade Point Average Submission (16-TC-02; Chapter 679 of the Statutes of 2014 and Chapter 82 of the Statutes of 2016).
(4) California Assessment of Student Performance and Progress (CAASPP) (14-TC-01 and 14-TC-04; Chapter 489 of the Statutes of 2013; and Chapter 32 of the Statutes of 2014).
(5) California State Teachers’ Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(6) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994).
(7) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(8) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002).
(9) Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001).
(10) Collective Bargaining (CSM 4425; Chapter 961 of the Statutes of 1975).
(11) Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(12) Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
(13) Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999).
(14) Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(15) Consolidated Suspensions, Expulsions, and Expulsion Appeals (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 489 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001) (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994) (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987) (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(16) County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(17) Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997).
(18) Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(19) Developer Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994).
(20) Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998).
(21) Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975).
(22) Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977).
(23) Free Application for Federal Student Aid (22-TC-05; Chapter 144 of the Statutes of 2021).
(24) Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983).
(25) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975).
(26) Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977).
(27) Immunization Records—Mumps, Rubella, and Hepatitis B (98-TC-05; 14-MR-04; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of 1997; and Chapter 434 of the Statutes of 2010).
(28) Immunization Records—Pertussis (11-TC-02; Chapter 434 of the Statutes of 2010).
(29) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes of 1992).
(30) Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993).
(31) Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995).
(32) Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995).
(33) Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002).
(34) Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995).
(35) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978).
(36) Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994).
(37) Public School Restrooms: Feminine Hygiene Products (18-TC-01; Chapter 687 of the Statutes of 2017).
(38) Public School Restrooms: Menstrual Products (22-TC-04; Chapter 664 of the Statutes of 2021).
(39) Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992).
(40) Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998).
(41) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(42) Race to the Top (10-TC-06; Chapters 2 and 3 of the Statutes of 2009).
(43) School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(44) School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(45) School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(46) Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(47) The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(48) Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(49) Training for School Employee Mandated Reporters (14-TC-02; Chapter 797 of the Statutes of 2014).
(50) Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes of 1988; and Chapter 914 of the Statutes of 1998).
(51) Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(g) Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this section. Funding apportioned pursuant to subparagraph (B) of paragraph (2) of subdivision (c) shall be excluded from this reporting requirement. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analyst’s Office.
SEC. 134.
Section 55 of Chapter 13 of the Statutes of 2015, as amended by Section 94 of Chapter 48 of the Statutes of 2023, is repealed.
(a) For the 2015–16 fiscal year to the 2022–23 fiscal year, inclusive, the Superintendent of Public Instruction shall add two million dollars ($2,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 of the Education Code for the Los Angeles County Office of Education for the purpose of supporting professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
(b) Commencing with the 2023–24 fiscal year, the Superintendent of Public Instruction shall add three million dollars ($3,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 of the Education Code for the Los Angeles County Office of Education for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.
SEC. 135.
Section 135 of Chapter 44 of the Statutes of 2021 is repealed.
(a) For the 2021–22 fiscal year, the sum of three million one hundred thousand dollars ($3,100,000) is hereby appropriated from the General Fund to the State Department of Education for the purpose set forth in subdivision (b).
(b) The State Department of Education shall allocate the funds appropriated pursuant to subdivision (a) to the Kern County superintendent of schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for the Standardized Account Code Structure system replacement project.
(c) Commencing with the 2022–23 fiscal year, the sum of three million nine hundred twenty thousand dollars ($3,920,000) shall be continuously appropriated each fiscal year, without regard to fiscal years, from the General Fund to the State Department of Education for the purposes set forth in subdivision (d).
(d) The State Department of Education shall allocate the funds appropriated pursuant to subdivision (c) to the Kern County superintendent of schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for maintenance and operations support for the Standardized Account Code Structure system.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2021–22 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the fiscal year in which they are appropriated.
SEC. 136.
Section 143 of Chapter 44 of the Statutes of 2021 is amended to read:
Sec. 143.
(a) For the 2021–22 fiscal year, the sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing for the Computer Science Supplementary Authorization Incentive Grant Program. This funding shall be available for encumbrance until June 30, 2026. 2030.
(b) The Computer Science Supplementary Authorization Incentive Grant Program is hereby established for the purpose of providing one-time grants to local educational agencies to support the preparation of credentialed teachers to earn a supplementary authorization in computer science and provide instruction in computer science coursework in settings authorized by the underlying credential.
(c) The commission Commission on Teacher Credentialing shall approve applications submitted by local educational agencies that meet the criteria established by the commission pursuant to paragraph (1) of subdivision (e). To the extent that funds are available, the commission shall allocate funds to participating local educational agencies for each approved application.
(d) A participating teacher is eligible to receive an award of up to two thousand five hundred dollars ($2,500)
six thousand dollars ($6,000) from the Computer Science Supplementary Authorization Incentive Grant Program.
(e) The commission Commission on Teacher Credentialing shall do all of the following:
(1) Establish grant criteria for local educational agencies.
(2) Issue a request for proposal to all local educational agencies to solicit applications for funding.
(3) Accept grant applications from participating local educational agencies until funds are fully expended.
(4) Review applications and verify that each proposed participant teacher holds a valid credential.
(5) Allocate grants to participating local educational agencies for the purpose of paying the teacher costs of coursework, books, fees, and tuition, as applicable.
(6) Give priority to grant applications for teachers that provide instruction at either of the following:
(A) A school operating within a rural district.
(B) A school with a higher share than other applicants of unduplicated pupils, as defined in Section 42238.02 of the Education Code.
(f) In selecting grant recipients, the commission
Commission on Teacher Credentialing shall require each applicant to, at a minimum, do all of the following:
(1) Identify the teachers employed by the local educational agency who have been selected to participate in the incentive grant program.
(2) Identify the number of coursework credits required for each selected teacher to earn a supplementary authorization in computer science.
(3) Provide an estimated cost for the required coursework, books, fees, tuition, and release time, as applicable.
(4) Provide a 100-percent match of grant funding in the form of one or both of the following:
(A) One dollar ($1) for every one dollar ($1) Cash equal to one-third of grant funding received that is to be used in a manner consistent with allowable grant costs described in paragraph (3).
(B) An in-kind match of administrative and coordination costs or release time or substitute teacher costs for the participating teacher.
(5) Report to the Commission on Teacher Credentialing
commission on or before August 30 of the second year after receiving a grant award the number of new computer science courses offered at the school being taught by a teacher who participated in the incentive grant program.
(g) The awards allocated pursuant to this section shall not be subject to local educational agency indirect costs.
(h) On or before April 1 of each year until the fiscal year following final disbursement of the grant funds, the Commission on Teacher Credentialing shall report to the fiscal committees of the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the program, including, but not limited to, the number of participating local educational agencies, the number of grants issued, the number of computer science supplementary authorizations issued, and the number of new computer science courses reported by grant recipients. The report shall be submitted in compliance with Section 9795 of the Government Code.
(i) For purposes of this section, “local educational agency” means a school district, county office of education, county superintendent of schools, state-operated education program, including a state special school, an education program providing instruction in kindergarten or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services, or a regional occupational center or program operated by a joint powers authority or county office of education.
(j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2020–21 fiscal year.
SEC. 137.
Section 162 of Chapter 44 of the Statutes of 2021 is amended to read:
Sec. 162.
(a) (1) The sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to the Riverside County Office of Education and the El Dorado County Office of Education in equal amounts in support of the Supporting Inclusive Practices project, for purposes of increasing opportunities for pupils with disabilities to meaningfully participate in the least restrictive environment, as appropriate, and improving local educational agencies’ outcomes on performance indicators as mandated by the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) and the outcomes measured by the California School Dashboard pursuant to Section 52064.5 of the Education Code. These funds shall be available for encumbrance until June 30, 2026.
2027.
(2) For the 2026–27 fiscal year, the sum of thirty million dollars ($30,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to the Riverside County Office of Education and the El Dorado County Office of Education in equal amounts in support of the Supporting Inclusive Practices project, for purposes of increasing opportunities for pupils with disabilities to meaningfully participate in the least restrictive environment, as appropriate, and improving local educational agencies’ outcomes on performance indicators as mandated by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the outcomes measured by the California School Dashboard pursuant to Section 52064.5 of the Education Code. These funds shall be available for encumbrance until June 30, 2032.
(b) The funds appropriated in subdivision (a) shall be used to provide tiered technical assistance and grants to local educational agencies focused on envisioning, building, implementing, and scaling up evidence-based practices to increase inclusion of children and pupils with disabilities in prekindergarten, kindergarten, and grades 1 to 12, inclusive, in general education settings, with a priority on local educational agencies that are identified by the State Department of Education as requiring intensive support to improve outcomes for pupils with disabilities.
(c) (1) The Riverside County Office of Education and El Dorado County Office of Education shall submit an expenditure plan to the State Department of Education on or before August 1 of each year for which this funding is made available.
(2) On or before June 30 of each year, until funds appropriated for purposes of this section have been fully expended, the Supporting Inclusive Practices project shall submit a report to the Superintendent of Public Instruction that includes all of the following:
(A) Details of the activities conducted and resources developed by the project.
(B) The number of local educational agencies, educators, and pupils served.
(C) A summary of implementation and outcome data, including, but not limited to, performance on state performance plan indicators, indicators used on the California School Dashboard, and the desired results developmental profile.
(D) Recommendations for improving state-level activities or policies.
(3) (A) The Superintendent shall provide copies of the report received pursuant to paragraph (2) to the appropriate fiscal and policy committees of the Legislature.
(B) A report required to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, and charter school.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2020–21 fiscal year.
For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (2) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 138.
Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of Chapter 48 of the Statutes of 2023, is repealed.
(a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for the Literacy Coaches and Reading Specialists Grant Program, which is hereby established, in the manner and for the purposes set forth in this section. Funds appropriated for this purpose are available for encumbrance through June 30, 2027.
(b) (1) Of the amount appropriated in subdivision (a), two hundred twenty-five million ($225,000,000) shall be allocated by the Superintendent of Public Instruction to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the State Department of Education, by September 30, 2022, and via a form provided by the State Department of Education, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) Of the amount identified in paragraph (1), the department shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, such that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2021–22 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2027. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(3) On or before June 30, 2024, a recipient local educational agency shall submit an interim report to the State Department of Education, and a final report on or before June 30, 2027, detailing how it used funds awarded pursuant to this subdivision. The State Department of Education shall create a reporting template for the purposes of this requirement no later than December 31, 2022. Specifically, these reports shall include:
(A) How funds were used to employ literacy coaches and reading and literacy specialists for its eligible schools.
(B) How funds were used to develop and implement school literacy programs.
(C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists past the award period.
(E) Other metrics as determined by the State Department of Education.
(4) On or before July 30, 2024, and again on or before July 30, 2027, the Superintendent of Public Instruction shall provide the interim and final reports submitted by recipient local educational agencies to the grantee selected pursuant to subdivision (c) for an independent evaluation pursuant to subdivision (c) of Section 115 of the act amending this section.
(5) On or before December 31, 2025, and again on or before December 31, 2028, the Superintendent of Public Instruction shall provide a comprehensive report to the Department of Finance, State Board of Education, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to paragraph (3) of this section and paragraph (3) of subdivision (b) of Section 115 of the act amending this section.
(c) (1) Of the funds appropriated pursuant to subdivision (a), twenty-five million dollars ($25,000,000) shall be available for the Superintendent of Public Instruction, in collaboration with the Commission on Teacher Credentialing, and subject to the approval of the executive director of the State Board of Education, to select a county office of education, through a competitive process, to develop and provide training for educators to become literacy coaches and reading and literacy specialists. The Superintendent of Public Instruction shall prioritize applicants with demonstrated success in improving literacy, especially among underperforming pupil subgroups, as well as for those planning on partnering with institutions of higher education with demonstrated success in providing statewide professional development for expert literacy practice. Applicants who participate in the training established pursuant to this subdivision may also participate in the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) The grantee selected pursuant to paragraph (1) shall consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision.
(d) For purposes of this section, the following definitions apply:
(1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 97 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2021–22 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System. The unduplicated pupil percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(2) “Employ” means that a local educational agency, to the extent feasible, will hire a new literacy coach, reading specialist, or both, train existing staff to become a literacy coach, or support existing staff in obtaining a reading specialist credential or authorization. Funds shall not be used to support the salaries of existing literacy coaches and reading specialists.
(3) “Local educational agency” means an elementary or unified school district, county office of education, or charter school.
(4) “School” and “schoolsite” means an elementary school of a local educational agency.
(5) “School literacy program” means a program that includes all of the following:
(A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions.
(B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes.
(C) Increased access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following:
(i) Providing bilingual reading specialists to support dual language acquisition and English language development programs.
(ii) Developing and implementing culturally responsive curriculum and instruction.
(iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the State Board of Education pursuant to Section 60207 of the Education Code and the use of data to support effective instruction.
(v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2020–21 fiscal year.
SEC. 139.
Section 115 of Chapter 48 of the Statutes of 2023 is repealed.
(a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to augment the Literacy Coaches and Reading Specialists Grant Program, established pursuant to Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section. Funds appropriated for this purpose are available for encumbrance through June 30, 2028.
(b) (1) Of the amount appropriated in subdivision (a), two hundred forty-eight million dollars ($248,000,000) shall be allocated by the Superintendent of Public Instruction to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the State Department of Education, by September 30, 2023, and via a form provided by the State Department of Education, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) Of the amount identified in paragraph (1), the State Department of Education shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, in a manner that also ensures that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2022–23 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2028. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(3) On or before June 30, 2025, a recipient local educational agency receiving funds pursuant to this section shall submit an interim report to the State Department of Education, and a final report on or before June 30, 2028, detailing how it used funds awarded pursuant to this subdivision. The State Department of Education shall use the existing reporting template described in paragraph (3) of subdivision (b) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, for the purposes of this requirement. Specifically, these reports shall include all of the following:
(A) How funds were used to employ literacy coaches and reading and literacy specialists for its eligible schools.
(B) How funds were used to develop and implement school literacy programs.
(C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists beyond the award period.
(E) Other metrics as determined by the State Department of Education.
(4) On or before July 30, 2025, and again on or before July 30, 2028, the Superintendent of Public Instruction shall provide the interim and final reports submitted by recipient local educational agencies to the grantee selected pursuant to subdivision (c) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, for the independent evaluation pursuant to subdivision (c).
(5) On or before December 31, 2025, and again on or before December 31, 2028, the Superintendent of Public Instruction shall provide a comprehensive report to the Department of Finance, State Board of Education, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to paragraph (3) of this subdivision and paragraph (3) of subdivision (b) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section.
(c) (1) Of the funds appropriated pursuant to subdivision (a), two million dollars ($2,000,000) shall be available to the grantee selected pursuant to subdivision (c) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, to provide additional training for educators to become literacy coaches and reading and literacy specialists, consistent with the training developed for the Literacy Coaches and Reading Specialists Grant program pursuant to Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, and to contract for an independent evaluation pursuant to paragraph (2).
(2) The grantee selected pursuant to subdivision (c) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, shall, in consultation with, and subject to the approval of, the executive director of the State Board of Education and the Superintendent of Public Instruction, issue a request for proposals and contract for an independent evaluation of the effectiveness of the funding provided pursuant to this section, as well as the funding appropriated pursuant to Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section. The grantee shall use up to five hundred thousand dollars ($500,000) of the funding appropriated pursuant to paragraph (1) for the independent evaluation.
(3) The evaluation conducted pursuant to paragraph (2) shall include an examination of the following:
(A) Data collected from recipient local educational agencies pursuant to subdivision (b) of this section and subdivision (b) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, including, but not limited to, the following:
(i) How funds were used to employ literacy coaches and reading and literacy specialists.
(ii) How funds were used to develop and implement school literacy programs.
(iii) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups.
(iv) How the local educational agencies plan to continue to fund literacy coaches and reading and literacy specialists beyond the award period.
(B) How the trainings developed and provided by the grantee selected pursuant to subdivision (c) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, impacted the training of literacy coaches and literacy and reading specialists.
(4) On or before June 30, 2029, the grantee selected pursuant to subdivision (c) of Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section, shall provide the evaluation report 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) For purposes of this section, the following definitions apply:
(1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 95 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2022–23 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System that did not receive funding pursuant to Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of the act adding this section. The unduplicated pupil percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(2) “Local educational agency” means an elementary or unified school district, county office of education, or charter school.
(3) “School” and “schoolsite” means an elementary school of a local educational agency.
(4) “School literacy program” means a program that includes all of the following:
(A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions.
(B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes.
(C) Increased access to evidence-based literacy instruction through strategies, including, but not limited to, any of the following:
(i) Providing bilingual reading specialists to support dual language acquisition and English language development programs.
(ii) Developing and implementing culturally responsive curriculum and instruction.
(iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English language arts and English language development adopted by the State Board of Education pursuant to Section 60207 of the Education Code and the use of data to support effective instruction.
(v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2021–22 fiscal year.
SEC. 140.
Section 117 of Chapter 48 of the Statutes of 2023 is amended to read:
Sec. 117.
(a) The sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the State Department of Education to create, in consultation with the executive director of the State Board of Education, a Literacy Roadmap to help educators apply the state’s curriculum framework to classroom instruction, navigate the resources and professional development opportunities available to implement effective literacy instruction, and improve literacy outcomes for all pupils with a focus on equity. This funding shall be available for encumbrance until June 30, 2028, and for liquidation until June 30, 2030. The Literacy Roadmap shall:
(1) Include models of effective practice that incorporate the five themes of the English language arts and English language development framework: Meaning Making, Language Development, Effective Expression, Content Knowledge, and Foundational Skills.
(2) Describe to local educators, site leaders and local educational agency administrators, and members of governing boards or bodies of local educational agencies, how they can use the English language arts and English language development framework, along with other existing resources, to offer evidence-based literacy instruction in the classroom, including explicit instruction in phonics, phonemic awareness, and other decoding skills, as well as development of vocabulary, comprehension, writing, speaking, and listening skills.
(3) Provide practical direction for literacy instruction and intervention across content areas in alignment with the state-adopted standards for all pupils, including English learners, pupils with disabilities, pupils struggling with reading, and early learners.
(b) In performing this work, the State Department of Education, in consultation with the executive director of the State Board of Education, shall solicit the input of literacy experts and practitioners in the development of the Literacy Roadmap.
(c) The State Department of Education shall post the Literacy Roadmap on its internet website and use the statewide system of support and other initiatives to disseminate the Literacy Roadmap statewide.
SEC. 141.
Section 81 of Chapter 8 of the Statutes of 2025 is amended to read:
Sec. 81.
(a) For the 2025–26 fiscal year, the sum of one billion six hundred ninety-six million seven hundred eighteen thousand dollars ($1,696,718,000) is hereby appropriated from the General Fund to the State Department of Education to establish the Student Support and Professional Development Discretionary Block Grant, for allocation to county offices of education, school districts, charter schools, and the state special schools for discretionary purposes, including, but not limited to, all of the following:
(1) Providing standards-aligned professional development for teachers on the English Language Arts/English Language Development Framework and the Literacy Roadmap, including strategies to support literacy for English learners.
(2) Providing standards-aligned professional development for teachers on the Mathematics Framework for California Public Schools.
(3) Developing and expanding teacher recruitment and retention strategies.
(4) Expanding career pathways and dual enrollment efforts, consistent with the Master Plan for Career Education.
(5) Addressing rising costs.
(b) (1) The Superintendent of Public Instruction shall allocate funds proportionally to county offices of education, school districts, charter schools, and the state special schools on the basis of an equal amount per unit of average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as those numbers were reported as of the second principal apportionment for the 2024–25 fiscal year. The average daily attendance for each state special school shall be deemed to be 97 percent of the enrollment as reported in the California Longitudinal Pupil Achievement Data System as of the 2024–25 Fall 1 Submission.
(2) For purposes of allocating funding pursuant to paragraph (1), the Superintendent of Public Instruction shall calculate the difference between the prior fiscal year average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, from the first period reported average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, and the second period reported average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, and, if there is a difference, allocate the amount of that difference to the following local educational agencies:
(A) Marquez Charter Elementary, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
(B) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy within the Pasadena Unified School District.
(C) Alma Fuerte Public in the City of Pasadena.
(D) The Los Angeles Unified School District and the Pasadena Unified School District.
(c) (1) Funding appropriated pursuant to this section shall be available for expenditure through June 30, 2029. County offices of education, school districts, charter schools, and the state special schools are encouraged, but not required, to use funds received pursuant to this section for the purposes described in paragraphs (1) to (5), inclusive, of subdivision (a). By September 30, 2029, each county office of education, school district, charter school, and state special school receiving an allocation pursuant to this section shall report final expenditures to the State Department of Education, which shall initiate collection of any unexpended funds no later than January 31, 2030. The State Department of Education shall determine the format for this report and make it available by January 1, 2026.
(2) Notwithstanding paragraph (1), if a charter school ceases to operate before June 30, 2029, its final expenditure report shall be due to the State Department of Education within 60 days of the effective date of closure and the State Department of Education shall collect any unexpended funds allocated to the charter school.
(d) Allocations made pursuant to subdivision (b) shall first satisfy any outstanding claims pursuant to Section 6 of Article XIIIB of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 of the Government Code and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts pursuant to an audit only by reducing amounts owed by the state to school districts for any other mandate claims. Under no circumstances shall a school district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), twenty-two million five hundred seventy-four thousand dollars ($22,574,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2023–24 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2023–24 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), one billion twenty million four hundred eleven thousand dollars ($1,020,411,000)
six hundred seventy-four million one hundred forty-four thousand dollars ($1,674,144,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 142.
The Legislature finds and declares that Sections 12, 13, and 14 of this act, amending Sections 8482.3, 8482.4, and 8483.3, respectively, of the Education Code, further the purposes of the After School Education and Safety Program Act of 2002.
SEC. 143.
For purposes of Section 50 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning Plumas Unified School District’s operating structure and receipt of an emergency advance apportionment from the state.
SEC. 144.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 145.
(a) For the 2026–27 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to the Marin County Office of Education to contract with the California Teachers Collaborative for Holocaust and Genocide Education to administer the grant program established pursuant to subdivision (b) of Section 51221.2 of the Education Code.
(b) Of the amount appropriated pursuant to subdivision (a), no more than 3 percent shall be available for reimbursement to the Marin County Office of Education for its administrative activities associated with implementing this section.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 146.
(a) For the 2025–26 fiscal year, the sum of five hundred million dollars ($500,000,000) is hereby transferred from the General Fund to the Public School System Stabilization Account.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount transferred in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 147.
(a) (1) For 2026–27 fiscal year, the sum of six hundred thousand dollars ($600,000) is hereby appropriated from the General Fund to the State Department of Education to contract with a county office of education to curate and maintain the California Educators Together online repository of high-quality open educational resources for use by local educational agencies. This funding shall be available for encumbrance and expenditure through June 30, 2027.
(2) Commencing with the 2027–28 fiscal year, and annually thereafter, the amount specified in paragraph (1) shall be provided through Item 6100-130-0001 of the annual Budget Act and be used to support the purposes of this section.
(b) The department shall select the county office of education that will, in collaboration with a technical partner, curate and maintain educational resources and provide for the platform’s ongoing maintenance and support through a competitive process that provides each county office of education with the opportunity to apply. In electing a county office of education, the department shall take into account all of the following qualifications:
(1) Applicants with demonstrated experience in identifying, vetting, and curating educational resources that are aligned to California academic content standards and reflective of current research and evidence-based practices focused on improving pupil outcomes.
(2) Applicants with demonstrated capacity to conduct ongoing needs assessment of local educational agencies and educators across diverse regions of the state to best inform repository content.
(3) Applicants with demonstrated experience building and sustaining communities of practice that connect educators across subject areas, grade levels, pupil groups, and regions.
(4) Applicants with demonstrated experience in overseeing or managing a digital platform or technology-based educational initiative.
(c) The California Educators Together online repository shall include, but not be limited to, all of the following:
(1) Professional learning opportunities and resources that elevate teachers’ abilities to collaborate and share best practices.
(2) Online resources that strengthen educators’ instructional practice and expand access to effective teaching tools, with a focus on improving pupil achievement, including the metrics listed in subdivision (d) of Section 52066 of the Education Code.
(3) Guidance and resources for educators and pupils dedicated towards protecting pupils online, cultivating media and digital literacy, and establishing safeguards for use of new and emerging technology in schools, including artificial intelligence. Guidance and resources developed for these purposes shall be curated in collaboration with the State Board of Education, the Department of Technology, and the California Innovation Council.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (1) subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2026–27 fiscal year.
SEC. 148.
(a) For the 2026–27 fiscal year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the State Department of Education for the department, in consultation with the office of the Chancellor of the California Community Colleges, to administer a competitive grant program pursuant to Article 8.5 (commencing with Section 41585) of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education Code. The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2032.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 149.
(a) In addition to the forty-six million dollars ($46,000,000) provided in Item 6100-488 of Section 2.00 of the Budget Act of 2026, the sum of seventy million dollars ($70,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to local educational agencies to increase the identification of, and improve educational outcomes for, homeless children and youths. Funds are intended to supplement funding available to the state from the federal Education for Homeless Children and Youths program authorized by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11432 et seq.) for the same purpose. Funding shall be available for encumbrance and expenditure through June 30, 2029.
(b) The department shall award three-year grants to local educational agencies through a competitive grant process that matches, to the extent practicable, the federal Educational for Homeless Children and Youths program grant application process established pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11432 et seq.) as it existed on January 1, 2024. In developing the grant criteria, the department shall consider the demonstrated need of the local educational agency, including considering prioritizing regions with large concentrations of homeless children and youths and local educational agencies that do not currently receive a federal Education for Homeless Children and Youths program award.
(c) Grant funds awarded pursuant to this section may be used for, but are not limited to, all of the following purposes:
(1) Building infrastructure and implementing strategies that enable a local educational agency to increase the identification and outreach of, and engagement with, homeless children and youths, particularly youth from underserved populations. For purposes of this paragraph, “underserved populations” include foster youth, rural youth, American Indian or tribal youth, youth with disabilities, English learners, LGBTQ+ youth, and pregnant, parenting, or caregiving pupils.
(2) Providing tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging state academic standards as the state establishes for other children and youths.
(3) Providing expedited evaluations of the strengths and needs of homeless children and youths, including needs and eligibility for programs and services such as educational programs for gifted and talented pupils, children with disabilities, and English learners, services provided under Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), or similar state or local programs, programs in career and technical education, and school nutrition programs.
(4) Professional development and other activities for educators and specialized instructional support personnel that are designed to heighten the understanding and sensitivity of those personnel to the needs of homeless children and youths, the rights of those children and youths under the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11432 et seq.), and the specific educational needs of runaway and homeless youths.
(5) Providing referral services to homeless children and youths for medical, dental, trauma-informed behavioral health, and other health services.
(6) Providing assistance to defray the excess cost of transportation for pupils not otherwise provided through federal, state, or local funding, where necessary to enable pupils to attend school.
(7) Providing developmentally appropriate early childhood education programs, not otherwise provided through federal, state, or local funding, for preschool age homeless children.
(8) Providing services and assistance to attract, engage, and retain homeless children and youths, particularly homeless children and youths who are not enrolled in school, in public school programs, or services provided to nonhomeless children and youths.
(9) Providing homeless children and youths before- and after-school mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities.
(10) If necessary, payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youths in school, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services.
(11) Providing education and training to the parents and guardians of homeless children and youths about the rights of, and resources available to, those children and youths, and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of those children and youths.
(12) Developing coordination between schools and agencies providing services to homeless children and youths that is integrated within the local educational agency’s overall community schools strategy.
(13) Providing specialized instructional support services, including violence prevention counseling and referrals for those services.
(14) Activities to address the particular needs of homeless children and youths that may arise from domestic violence and parental mental health or substance abuse problems.
(15) Adapting space and purchase of supplies for any nonschool facilities made available to provide services under this section.
(16) Providing school supplies, including those supplies to be distributed at shelters or temporary housing facilities or other appropriate locations.
(17) Providing other extraordinary or emergency assistance needed to enable homeless children and youths to attend school and participate fully in school activities.
(d) As a condition of receiving funding pursuant to subdivision (b), a local educational agency shall commit to doing all of the following:
(1) Communicate and collaborate with the technical assistance centers designated pursuant to Section 48857 of the Education Code in order to receive technical assistance, implement best practices, and foster partnerships with local and county governmental entities, educational institutions, and community-based organizations.
(2) Annually report on the academic outcomes for pupils served by the grants using the existing data reporting process established by the State Department of Education that is aligned with the process for reporting under the federal Education for Homeless Children and Youths program authorized by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11432 et seq.)
(3) Submit a final report on or before December 31, 2029, to the State Department of Education that describes how the local educational agency intends to sustain and integrate efforts supporting the needs of homeless children and youths after the one-time grant funds end, particularly integration with other existing state initiatives, including, but not limited to, the California Community Schools Partnership Program, the Expanded Learning Opportunities Program, the Children and Youth Behavioral Health Initiative Fee Schedule program, universal school meal programs, and universal transitional kindergarten.
(e) This section shall not be interpreted to supplant existing federal, state, or local resources for pupils experiencing homelessness.
(f) For purposes of this section, the following definitions apply:
(1) “Homeless children and youths,” “homeless children,” and “pupils experiencing homelessness” mean pupils without a fixed, regular, and adequate nighttime residence, consistent with the definition of “homeless children and youths” in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2) “Local educational agency” means a school district, county office of education, or charter school.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 150.
(a) (1) For the 2026–27 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing for the California Classified School Employee Teacher Credentialing Program pursuant to Section 44393 of the Education Code, consistent with all of the following:
(A) A grant to a local educational agency shall not exceed twenty-four thousand dollars ($24,000) over five years per participant teacher candidate
(B) A local educational agency receiving a grant shall not use more than 10 percent of a grant award for program administration costs.
(C) The Commission on Teacher Credentialing shall give priority to a local educational agency that meets any of the following:
(i) Has not previously received funding pursuant to Section 44393 of the Education Code.
(ii) Has a higher share than other applicants of unduplicated pupils, as defined in Section 42238.02 of the Education Code.
(iii) Notwithstanding eligibility requirements pursuant to Section 44393 of the Education Code, has a plan to create a new, or expand an existing, program that recruits and supports expanding learning and preschool program staff and address kindergarten and early childhood education teacher shortages.
(2) Funding appropriated pursuant to paragraph (1) shall be available for encumbrance until June 30, 2028.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 151.
(a) For the 2026–27 fiscal year, the sum of four hundred thousand dollars ($400,000) is hereby appropriated on a one-time basis from the General Fund to the County Office Fiscal Crisis and Management Assistance Team to offset the costs of the 2024–25 and 2025–26 annual comprehensive reviews for the Inglewood Unified School District.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2026–27 fiscal year.
SEC. 152.
(a) Upon receipt of the 2027–28 May Revision General Fund revenue estimates, 33 percent of any increased General Fund proceeds of taxes for fiscal years 2025–26, 2026–27, and 2027–28 combined, compared to the forecast of those proceeds of taxes included in the 2026–27 Budget Act, after accounting for increases in the amounts required to be applied by the state pursuant to Section 8 of Article XVI for those years and increases pursuant to Section 20 of Article XVI related to those higher tax estimates, is hereby appropriated for any unfunded General Fund obligation pursuant to Section 8 of Article XVI for the 2025– 26 fiscal year, up to the full amount of the obligation for that fiscal year.
(b) The amount appropriated pursuant to subdivision (a) shall be deposited to the Public School System Stabilization Account on a discretionary basis and available, upon subsequent appropriation by the Legislature, for school and community college purposes in the 2026–27 fiscal year or any subsequent fiscal year.
(c) For purposes of making the computations required by Section 8 of Article XVI, the appropriation made pursuant to subdivision (a) shall be deemed to be General Fund revenues appropriated for school districts and community college districts, as defined in subdivisions (c) and (d) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
(d) The Department of Finance shall send a schedule to the Controller to implement this section on or before May 20, 2027.
SEC. 153.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025.