SB 1131
BILL NUMBER: SB 1131 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2006
PASSED THE ASSEMBLY AUGUST 22, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2006
An act to amend Sections 41508, 41532, 41542, 41573, 52379, and
54026 of the Education Code, to amend Item 6110-198-0001 of Section
2.00 of Chapter 38 of the Statutes of 2005, and to amend Sections 35
and 43 of Chapter 79 of the Statutes of 2006, relating to education
finance, making an appropriation therefor, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1131, Committee on Budget and Fiscal Review Education funding.
(1) Existing law provides for funding of certain education
programs through categorical education block grants and requires the
amount of funds allocated under those grants to be adjusted for
inflation and growth pursuant to certain formulas.
This bill would specify that the amount of the adjustment for
inflation and growth for certain categorical education block grants
is subject to provisions in the annual Budget Act.
(2) Existing law establishes the Supplemental School Counseling
Program and requires the governing board of a school district that
maintains any of grades 7 to 12, inclusive, as a condition of
receiving funds appropriated for purposes of that program, to adopt a
counseling program at a public meeting that includes, among other
things, a provision for a counselor to meet with each pupil, as
specified, to explain the academic and deportment records of the
pupil, his or her educational options, the coursework and academic
progress needed for satisfactory completion of middle or high school,
and the availability of career guidance activities. Funds
appropriated in the annual Budget Act for the purposes of the program
are required to be allocated to school districts based on an equal
amount per unit of average daily attendance in grades 7 to 12,
inclusive, with certain minimum-grant exceptions.
This bill, instead, would require the appropriation to be based on
an equal amount per pupil enrolled in the district in the prior
fiscal year based on the fall California Basic Educational Data
System (CBEDS) enrollment data in grades 7 to 12, inclusive, with
certain minimum-grant exceptions.
(3) Existing law provides economic impact aid to school districts
for the support of programs serving economically disadvantaged
pupils, as defined, and English language learners, as defined.
Existing law requires the Superintendent of Public Instruction to
determine an economic impact aid-eligible pupil count and calculate
an amount of economic impact aid for each school district for the
2006-07 fiscal year and each fiscal year thereafter, as specified.
This bill would revise the data collection process for determining
the economic impact aid-eligible pupil count for charter schools and
small districts, as defined.
(4) The bill would revise certain allocations in the Budget Act of
2005 for CalSAFE academic and supportive services and nonconverting
pregnant minors programs.
(5) Existing law appropriates $500,000,000 from the General Fund
to Section A of the State School Fund for allocation by the
Superintendent of Public Instruction to school districts, charter
schools, and county offices of education on the basis of an equal
amount per unit of average daily attendance, and limits expenditure
of those funds to the acquisition of art, music, and physical
education supplies and equipment.
This bill, additionally, would authorize the funds to be expended
for professional development in arts, music, or physical fitness, and
thereby would make an appropriation by expanding the purposes for
which the funds may be expended.
(6) Existing law provides that county superintendents may apply
for funding for consideration of a school district's plan concerning
outstanding long-term fiscal obligations concerning retired employee
nonpension benefits during the course of reviewing the budget of the
school district.
This bill would provide that the amount of funding for the above
purpose is not to exceed $1,000,000.
(7) The bill would make various technical changes in certain
provisions of existing law enacted under Chapter 79 of the Statutes
of 2006, relating to education funding.
(8) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41508 of the Education Code is amended to read:
41508. Commencing with the 2006-07 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation by the amount calculated pursuant to Section
42238.1 and for growth as measured by the regular average daily
attendance used to calculate the second principal apportionment for
kindergarten and grades 1 to 12, inclusive, unless otherwise provided
in the annual Budget Act.
SEC. 2. Section 41532 of the Education Code is amended to read:
41532. Commencing with the 2006-07 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation by the amount calculated pursuant to Section
42238.1 and for growth as measured by the regular average daily
attendance used to calculate the second principal apportionment for
kindergarten and grades 1 to 12, inclusive, unless otherwise provided
in the annual Budget Act.
SEC. 3. Section 41542 of the Education Code is amended to read:
41542. Commencing with the 2006-07 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation by the amount calculated pursuant to Section
42238.1 and for growth as measured by the regular average daily
attendance used to calculate the second principal apportionment for
kindergarten and grades 1 to 12, inclusive, unless otherwise provided
in the annual Budget Act.
SEC. 4. Section 41573 of the Education Code is amended to read:
41573. Commencing with the 2006-07 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted annually for inflation by the amount calculated pursuant to
Section 42238.1 and for growth as measured by enrollment in
kindergarten and grades 1 to 12, inclusive, as reported in the CBEDS
report, unless otherwise provided in the annual Budget Act. For
purposes of this subdivision, "CBEDS report" means the report
submitted by the school district to the department for purposes of
the California Basic Education Data System.
SEC. 5. Section 52379 of the Education Code is amended to read:
52379. (a) Funds appropriated in the annual Budget Act for the
purposes of this chapter shall be allocated to school districts based
on an equal amount per pupil enrolled in the district in the prior
fiscal year, based on the fall California Basic Educational Data
System (CBEDS) enrollment data, in grades 7 to 12, inclusive, with
the following minimum-grant exceptions:
(1) Five thousand dollars ($5,000) for each schoolsite that has
100 or fewer pupils enrolled in any of grades 7 to 12, inclusive.
(2) Ten thousand dollars ($10,000) for each schoolsite that has
between 101 and 200 pupils enrolled in any of grades 7 to 12,
inclusive.
(3) Thirty thousand dollars ($30,000) or an amount per pupil
enrolled, whichever is greater, for each schoolsite with more than
200 pupils enrolled in any of grades 7 to 12, inclusive.
(b) Funds allocated pursuant to this section shall supplement, and
not supplant, expenditures made by a school district for school
counseling programs.
(c) For purposes of this section, a charter school is not eligible
to receive a minimum grant but instead shall receive an amount per
pupil enrolled in grades 7 to 12, inclusive.
(d) Funds appropriated in the annual Budget Act for the purposes
of this chapter shall be used to provide supplemental counseling
services delivered by personnel who hold a valid pupil personnel
services credential.
SEC. 6. Section 54026 of the Education Code is amended to read:
54026. For purposes of this article, the following definitions
apply:
(a) "Economically disadvantaged pupils" means either of the
following, whichever is applicable:
(1) Pupils described in Section 101 of Title I of the federal No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6333(c)(1)(A)(B)).
(2) (A) Notwithstanding paragraph (1), for a small school
district, the product of the number of pupils eligible for
participation in the free meals program for the prior fiscal year, as
defined in subdivision (d), and the free meals adjustment factor.
The free meals adjustment factor is the quotient, rounded to two
decimal places, resulting from dividing the statewide total of
economically disadvantaged pupils as defined in paragraph (1) by the
statewide total of pupils eligible for participation in the free
meals program for the prior fiscal year, as defined in subdivision
(d).
(B) Notwithstanding paragraph (1) or subparagraph (A), for charter
schools that are funded through the block grant funding model
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 in the 2006-07 fiscal year, the department shall use
counts as of October 2006 of pupils ages 5 to 17 years, inclusive,
who are living in families whose income is at or below the federal
poverty level, as collected through the first principal apportionment
data collection process, as defined in Section 41601, without
revision. Commencing in the 2007-08 fiscal year, the Superintendent
shall use counts as of October of the prior year of pupils ages 5 to
17 years, inclusive, who are living in families whose income is at or
below the federal poverty level, as collected through the first
principal apportionment data collection process, as defined in
Section 41601, without revision. For purposes of this subdivision,
the department may use in the first year of operation of a charter
school that is established on or after July 1, 2007, the current year
counts of pupils ages 5 to 17 years, inclusive, who are living in
families whose income is at or below the federal poverty level.
(C) The Superintendent may expand upon an existing process of
collecting free or reduced price meal data in order to collect from
small districts, as defined in subdivision (c), counts of pupils
living in families whose income is at or below the federal poverty
level.
(b) "English learner" means a pupil described in subdivision (a)
of Section 306 or identified as a pupil of limited English
proficiency, as that term is defined in subdivision (m) of Section
52163.
(c) "Small school district" means a school district that has an
annual enrollment of less than 600 pupils based on prior school year
CBEDS data and is, for the purposes of this section, designated a
rural school by the Superintendent based on the appropriate school
locale codes, as used by the National Center for Education Statistics
of the United State Department of Education.
(d) "Free meals" means the aggregate number of pupils meeting the
income eligibility guidelines established by the federal government
for free meals as reported for all schools for which the district is
the authorizing agency.
SEC. 7. Item 6110-198-0001 of Section 2.00 of Chapter 38 of the
Statutes of 2005 is amended to read:
6110-198-0001--For local assistance,
Department of Education (Proposition 98), for
transfer by the Controller to Section A of
the State School Fund, for allocation to
school districts and county offices of
education, in lieu of the amount that
otherwise would be appropriated pursuant to
statute ...................................... 52,996,000
Schedule:
(1) 20.60.220-CalSAFE
Academic and
Supportive Services ... 15,385,140
(2) 30.10.020-CalSAFE
Child Care ............ 24,509,250
(3) 20.60.221-All Services
for Non-con-
verting Pregnant
Minors Programs ....... 13,101,610
Provisions:
1. Notwithstanding any other provision
of law, a school district or county
superintendent of schools
operating, by October 1, 1999, a
School Age Parent and Infant
Development Program pursuant to
Article 17 (commencing with Section
8390) of Chapter 2 of Part 6 of, a
Pregnant Minors Program pursuant to
Chapter 6 (commencing with Section
8900) of Part 6 of, and Section
2551.3 of, or a Pregnant and
Lactating Students Program pursuant
to Sections 49553 and 49559 of, the
Education Code, or any combination
thereof, that chooses to
participate in the CalSAFE program
shall have priority for CalSAFE
program funding for an amount
up to the dollar amount provided
under those provisions in the
fiscal year prior to participation
in the CalSAFE program, provided an
application is submitted and
approved.
2. The amounts appropriated in
Schedules (1), (2), and (3) of this
item are based on estimates of the
amounts required by existing
programs for operation of CalSAFE
programs in 2005-06. By October 31,
2005, the Department of Education
shall submit to the Department of
Finance current expenditure data
for 2004-05 and 2005-06 showing
each agency's allocation and
supporting detail including average
daily attendance and child care
attendance and enrollment data. The
State Department of Education shall
also provide estimates of average
daily attendance and child care to
be provided in the 2006-07 fiscal
year.
3. Funds appropriated in Schedule (3)
are available to provide funding
for all child care, as well as both
academic and supportive services
for programs choosing to retain
their Pregnant Minors Program
revenue limit. Notwithstanding any
other provision of law, the State
Department of Education shall
compute allocations to these
agencies using the respective
agencies' 1998-99 Pregnant Minors
Program revenue limits. Further,
notwithstanding any other provision
of law, programs which choose to
retain their Pregnant Minors
Program revenue limit rather than
convert to the CalSAFE revenue
limit must provide child care
within the revenue limit funding
for children of students comprising
base year average daily attendance.
To the extent additional units of
average daily attendance are
authorized by the department for
growth for these agencies, academic
and supportive services
reimbursement for such growth shall
be computed using the new CalSAFE
revenue limit. Growth funding for
the child care component shall be
equal to the proportionate share of
total child care costs for the
specific agency's program as
determined by dividing the
authorized growth in student
average daily attendance by the
total authorized average daily
attendance.
4. Of the funds appropriated in this
item, $348,000 is for the purpose
of providing an adjustment for
increases in average daily
attendance at a rate of 0.69
percent, and $2,151,000 is for the
purpose of providing a cost-of-
living adjustment at a rate of 4.23
percent.
SEC. 8. Section 35 of Chapter 79 of the Statutes of 2006 is
amended to read:
Sec. 35. (a) For the 2006-07 fiscal year, the Superintendent
shall add to the amount determined pursuant to Section 54022 of the
Education Code for each school district a supplemental adjustment
calculated as follows:
(1) Calculate the difference between the number six hundred (600)
and the number that is equal to the per pupil economic impact aid
amount for the school district calculated pursuant to subdivision (a)
of Section 54022.
(2) If the difference pursuant to paragraph (1) is greater than
zero, multiply that difference by the economic impact aid eligible
pupil count for the school district for the current school year.
(3) Calculate the available funds factor by dividing the funds
available for supplemental adjustments pursuant to this section, as
specified in paragraph (5), by the product pursuant to paragraph (2)
for all school districts.
(4) Multiply the amount calculated pursuant to paragraph (2), if
applicable, by the available funds factor calculated in paragraph
(3). The result is the adjustment a school district shall receive for
the 2006-07 fiscal year pursuant to this section.
(5) Determine the funds available for the supplemental adjustment
according to the following calculation:
(A) Calculate the total statewide economic impact aid allocation
amount for the 2006-07 fiscal year as the sum of each school
districts allocation determined pursuant to Section 54022 of the
Education Code.
(B) From the total of funds appropriated for the purposes of this
article in the 2006-07 fiscal year, subtract the amount determined in
subparagraph (A). This remainder is the amount of funds available
for the economic impact aid adjustment allocated pursuant to this
section.
(b) For the 2007-08 fiscal year, the Superintendent shall add to
the economic impact aid per pupil amount calculated pursuant to
subdivision (a) of Section 54022 of the Education Code the quotient
that is equal to the adjustment received by each school district
pursuant to this section in the 2006-07 fiscal year divided by the
economic impact aid eligible pupil count for the 2006-07 fiscal year.
SEC. 9. Section 43 of Chapter 79 of the Statutes of 2006 is
amended to read:
Sec. 43. (a) Two billion three hundred five million six hundred
ninety-five thousand dollars ($2,305,695,000) is hereby appropriated
from the General Funds for the 2005-06 fiscal year in accordance with
the following schedule:
(1) Six hundred fifty million sixty-two thousand dollars
($650,062,000) to the Controller for allocation as appropriate for
the reimbursement of state-mandated local cost claims submitted by
local education agencies for the 1995 -96 to 2005-06 fiscal years,
inclusive.
(A) The Controller shall use the funds described in this paragraph
to pay claims submitted by school districts and county offices of
education pursuant to Chapter 4 (commencing with Section 17550) of
Part 7 of Division 4 of Title 2 of the Government Code for the
1995-96 to 2005-06 fiscal years, inclusive. The Controller shall pay
the claims according to the following order of priority:
(i) First, the oldest claims no longer subject to audit pursuant
to subdivision (a) of Section 17558.5 of the Government Code,
including accrued interest.
(ii) Second, claims still subject to audit pursuant to subdivision
(a) of Section 17558.5 of the Government Code, including accrued
interest. The Controller may adjust the amounts paid for these claims
on the basis of the final audits. Any repayment resulting from an
audit may be counted towards future claims submitted by the local
educational agency.
(B) No payments shall be made for any claims for the Standardized
Testing and Reporting (STAR) or National Norm-Referenced Achievement
Test programs, Schoolsite Councils, Brown Act and Open Meetings Act,
School Bus Safety II, grand jury proceedings, or the removal of
chemicals.
(2) Four hundred million one hundred twenty-five thousand dollars
($400,125,000) to the Superintendent of Public Instruction for
allocation to school districts according to the following provisions:
(A) The funds appropriated pursuant to this paragraph shall be
allocated to school districts on the basis of an equal amount per
pupil enrolled in the district in the 2006-07 fiscal year, including
pupils enrolled in adult education programs and pupils enrolled in
regional occupational centers and programs based on the fall
California Basic Educational Data System (CBEDS) enrollment data,
except that pupil enrollment in adult education programs and regional
occupational centers and programs shall be determined based on their
calculated average daily attendance (ADA) for base funding
allocations. The ADA for this purpose shall be considered final as of
the second principal apportionment for fiscal year 2006-07. The
governing board of each school district shall allocate the funds on
an equal per-pupil basis to the schools within its jurisdiction for
expenditure pursuant to this section. The Superintendent of Public
Instruction shall make an initial apportionment of up to 75 percent
of the funds on the basis of the enrollment in the 2005-06 fiscal
year and shall make a final apportionment of the remaining funds in a
manner that ensures that the total funds apportioned pursuant to
this section are distributed on the basis of 2006-07 enrollment or
ADA, as applicable.
(B) For the purposes of this paragraph, "school" shall include
locally funded charter schools that have pupils who are currently
enrolled and that have a current county-district-school (CDS) code,
as maintained by the Superintendent of Public Instruction. The use of
the funds allocated to charter schools pursuant to this section
shall further the program specified in the school's charter and shall
not be allocated to parents, pupils, or staff of the charter school.
(C) The use of funds allocated pursuant to this paragraph for
schools under the jurisdiction of a school district shall be proposed
by each school's schoolsite council of each school, or, if the
school does not have a schoolsite council pursuant to Section 52852
of the Education Code, by schoolwide advisory groups or school
support groups. Funds shall be allocated to all schoolsites including
adult education schools and regional occupational centers. For adult
schools, the school shall develop an adult school advisory committee
which shall consist of the school principal or director, teachers
representing a variety of academic disciplines, adult education
students, and community business leaders.
(D) The funds apportioned pursuant to this paragraph may be
expended for any one-time educational purpose including, but not
limited to, instructional materials, classroom and laboratory
supplies and materials, school and classroom library materials,
educational technology, deferred maintenance, one-time expenditures
designed to close the achievement gap, or professional development.
Before funds allocated pursuant this section may be encumbered or
expended, the governing board of the school district shall approve
the proposed use. If the governing board of a school district does
not approve the use proposed pursuant to this paragraph, no
expenditures of the specified funds may be made and the governing
board of the school district shall inform the schoolsite council,
schoolwide advisory group, or school support group, as applicable, of
the reasons why the proposal was disapproved. If the schoolsite
council, schoolwide advisory group, or school support group, as
applicable, and the governing board of the school district are unable
to agree on the use of the funds by May 1, 2007, the dispute shall
be immediately submitted to the county board of education. The county
board of education shall resolve the dispute within 30 days of
submission. The decision of the county board of education shall be
final.
(E) The use of funds allocated pursuant to this paragraph for
schools under the jurisdiction of a county office of education shall
be proposed by each school's schoolwide advisory group or school
support group. The proposals shall be approved by the county board of
education prior to expenditure of the funds allocated pursuant to
paragraph (1).
(F) For purposes of this paragraph, "school district" means a
school district, county office of education, state special school, or
direct-funded charter school, as described in paragraph (1) of
subdivision (a) of Section 47651 of the Education Code.
(G) The funds apportioned under this paragraph shall be allocated
with a minimum of five thousand dollars ($5,000) for schoolsites of
25 or fewer pupils and ten thousand dollars ($10,000) for schoolsites
of more than 25 pupils.
(3) One hundred thirty-three million three hundred seventy-five
thousand dollars ($133,375,000) to the Superintendent for allocation
to school districts according to the following provisions:
(A) The funds appropriated pursuant to this paragraph shall be
apportioned to school districts on the basis of an equal amount per
pupil enrolled in the district in the 2006-07 fiscal year, including
pupils enrolled in adult education programs and pupils enrolled in
regional occupational centers and programs based on the fall
California Basic Educational Data System (CBEDS) enrollment data,
except that pupil enrollment in adult education programs and regional
occupational centers and programs shall be determined based on their
calculated average daily attendance (ADA) for base funding
allocations. The ADA for this purpose shall be considered final as of
the second principal apportionment for the 2006-07 fiscal year. The
Superintendent of Public Instruction shall make an initial
apportionment of up to 75 percent of the funds on the basis of the
enrollment in the 2005-06 fiscal year and shall make a final
apportionment of the remaining funds in a manner that assures that
the total funds apportioned pursuant to this section are distributed
on the basis of 2006-07 enrollment, or ADA, as applicable.
(B) The funds apportioned pursuant to this paragraph may be
expended for instructional materials, classroom and laboratory
supplies and materials, school and classroom library materials,
educational technology, deferred maintenance, professional
development, home-to-school transportation, one-time expenditures
designed to close the achievement gap, or outstanding one-time fiscal
obligations of school districts.
(C) It is the intent of the Legislature that to the extent a
school district allocates funds appropriated pursuant to this
paragraph for the benefit of schoolsites, the district shall expend
funds for the benefit of charter schools, including direct-funded
charter schools, on an equitable basis.
(D) The funds apportioned under this paragraph shall be allocated
with a minimum of ten thousand dollars ($10,000) per school district.
(4) One hundred million dollars ($100,000,000) from the General
Fund on a one-time basis for allocation by the Superintendent of
Public Instruction to school districts, charter schools, and county
offices of education on the basis of enrollment in the 2005-06 fiscal
year according to the fall CBEDS enrollment data. That allocation
shall be used solely for any of the following:
(A) Instructional materials.
(B) School and classroom library materials.
(C) One-time educational technology costs, as provided in this
section.
(5) Eleven million five hundred thirty-three thousand dollars
($11,533,000) on a one-time basis to be available for expenditure by
June 30, 2009, as follows:
(A) Nine million five hundred thousand dollars ($9,500,000) for
allocation to school districts, charter schools, and county office of
education to provide funds to local educational agencies that have
not previously received funding pursuant to the California School
Information Services. These funds may be combined with the funds
appropriated for this purpose in Item 6110-101-0349 of the annual
Budget Act for the 2006-07 fiscal year. Funds shall be allocated
pursuant to Section 49084 of the Education Code for activities
consistent with an implementation plan developed by the California
School Information Services, to be jointly approved by the Department
of Finance, the Office of the Secretary for Education, and the State
Department of Education, in consultation with the Legislative
Analyst's Office.
(B) One million five hundred thousand dollars ($1,500,000) is
available to the State Department of Education for transfer of five
hundred thousand dollars ($500,000) per year over three fiscal years
to the California School Information Services to be used to support
staffing and for administrative costs associated with an increased
workload pursuant to subparagraph (A).
(C) Five hundred thirty-three thousand dollars ($533,000) is
available to the State Department of Education to the California
School Information Services for use to purchase one-time equipment,
hardware, and software consistent with an implementation plan
developed by the California School Information Services, to be
jointly approved by the Department of Finance, the Office of the
Secretary for Education, and the State Department of Education, in
consultation with the Legislative Analyst's Office.
(6) Ten million dollars ($10,000,000) on a one-time basis for
transfer to Section A of the State School Fund for allocation by the
Superintendent of Public Instruction to school districts, charter
schools, and county offices of education for the following purposes:
(A) School districts and charter schools with outstanding
long-term fiscal obligations concerning retired employee nonpension
benefits may apply for funding upon completing a plan, as specified
by the Superintendent of Public Instruction, for meeting those
obligations. As a requirement of receipt of funding, districts must
submit these plans to the county superintendent of education as part
of the budget review process, and charter schools shall submit their
plans to their authorizing entity. School districts, and charter
schools may not receive an amount greater than fifteen thousand
dollars ($15,000) for activities related to this purpose.
(B) County superintendents of education may apply for funding for
consideration of district plans submitted pursuant to this section
during the course of reviewing the budget of a school district. The
total amount provided for this purpose shall not exceed one million
dollars ($1,000,000).
(7) Ten million dollars ($10,000,000) on a one-time basis to the
Superintendent of Public Instruction for the purpose of providing
Healthy Start grants to school districts, charter schools, or county
offices of education, for allocation to schools that have not
previously received a Healthy Start operational grant. The grant
shall be provided on a competitive basis and shall provide full
funding for both collaborative planning and operational grants in the
2006 -07 fiscal year. Collaborative planning grants and operational
grants may be expended
over a seven-year period.
(8) Three million dollars ($3,000,000) to the State Department of
Education for allocation to school districts, charter schools, and
county offices of education to fund grants during the 2006-07 school
year for startup school breakfast and summer food service programs
under Section 49550.3 of the Education Code.
(9) Fifteen million dollars ($15,000,000) to the Superintendent of
Public Instruction for allocation to school districts and charter
schools on a one-time basis for purposes of parental involvement
activities pursuant to Article 2 (commencing with Section 51120) of
Chapter 1.5 of Part 28 of the Education Code.
(10) Thirty million dollars ($30,000,000) on a one-time basis to
provide supplemental instructional materials specifically for English
learners in kindergarten and grades 1 to 12, inclusive. The purpose
of these materials will be to accelerate pupils as rapidly as
possible towards grade level proficiency. The funds shall be used to
purchase supplemental materials that are designed to help English
learners become proficient in reading, writing, and speaking English.
These materials may only be used in addition to the
standards-aligned materials adopted by the State Board of Education
pursuant to Section 60605 of the Education Code.
(A) Local educational agencies shall be eligible for apportionment
funding of up to twenty-five dollars ($25) per pupil, based on the
most recently certified language census number of English learners in
kindergarten and grades 1 to 12, inclusive, to purchase any
materials that the State Department of Education verifies and the
State Board of Education approves are substantially correlated to
identified state standards adopted pursuant to Section 60811 of the
Education Code, as applied in the standards adopted pursuant to
Section 60605 of the Education Code. Funding may be provided only for
the number of pupils that the local educational agency certifies it
will purchase materials for pursuant to subparagraph (D). Local
educational agencies may expend no more than thirty dollars ($30) per
pupil from these funds for these materials. Local educational
agencies shall return to the state any funds allocated under this
subparagraph that are not expended for purchase of materials pursuant
to this provision.
(B) The State Department of Education shall use the existing
correlation matrices pursuant to Item 6110-189-0001 of Section 2.00
of Chapter 208 of the Statutes of 2004 to determine if the
instructional materials correlate to the English-language arts and
English language development standards adopted by the State Board of
Education.
(C) Prior to submission of materials to the department for review
to ensure that the materials correlate to identified standards,
publishers shall be required to submit standards maps to the
department and any requesting local education agency so that the
department and the local educational agency can determine the extent
to which each item, if purchased separately, or set of instructional
materials for English learners are correlated to the standards
adopted by the State Board of Education. The standards maps shall be
filled out using the most recent format approved by the State Board
of Education. The contents for the standards map will be the
correlation matrix as described in subparagraph (B).
(D) As a condition of receipt of funds, local educational agencies
that elect to participate shall do one, or both, of the following:
(i) No later than March 30, 2007, submit a request for review,
specifying the title, ISBN number, grade levels, type, and publisher
of the materials they intend to purchase, and the number of pupils
for which materials may be purchased.
(ii) Identify materials from the existing list of materials
approved by the State Board of Education specifying the information
described in clause (i).
(E) After a local educational agency notifies the State Department
of Education of its request for review of materials, the department
may select and train panels of teachers and educators to verify the
standards maps provided by the publishers and examine the materials
for legal and social compliance. The department will also provide an
appeals process to allow due process review of discrepancies of
findings in the verification process. The verification shall not
constitute a state adoption of instructional materials pursuant to
Section 60200 of the Education Code. The department shall give first
priority in verifying correlation to identified state standards to
those materials that are most commonly cited in the intent of school
districts to purchase provided under subparagraph (D). The department
shall submit its verification results to the State Board of
Education for approval and the State Board of Education shall approve
or disapprove the materials at the next regularly scheduled meeting
after receipt of the verification of the department, in accordance
with public notification requirements.
(11) Nine million dollars ($9,000,000) to the Superintendent of
Public Instruction for allocation to charter schools for the Charter
School Facility Grant Program pursuant to Section 47614.5 of the
Education Code.
(12) Five million dollars ($5,000,000) to the State Department of
Mental Health for the purpose of funding the full costs of the
operational grants for a new cohort of grants over a multiyear period
for the School-Based Early Mental Health Intervention and Prevention
Services Matching Grant Program pursuant to Chapter 2 (commencing
with Section 4380) of Part 4 of Division 4 of the Welfare and
Institutions Code.
(13) Twenty million dollars ($20,000,000) to the Superintendent of
Public Instruction for local assistance costs of a multiyear
research pilot project to identify best practices for improving the
academic achievement and English language development of English
learners pursuant to legislation enacted during the 2005-06 Regular
Session of the Legislature.
(14) Forty million dollars ($40,000,000) for transfer to Section A
of the State School Fund for allocation to school districts,
regional occupational centers and programs, adult education
providers, charter schools and county offices of education that offer
career technical education programs for the purchase of equipment
and supplies, and minor facility reconfigurations for career
technical education courses. Funds appropriated in this paragraph
shall be allocated in accordance with, and are subject to, all of the
following conditions:
(A) Funds shall be allocated on the basis of an equal amount per
student enrolled in career technical education courses based on
2004-05 enrollment for grades 7 to 12, inclusive, as determined by
the Superintendent of Public Instruction. In no event shall an
eligible local educational agency receive less than three thousand
two hundred and fifty dollars ($3,250), provided all other conditions
of this paragraph are satisfied.
(B) This allocation shall be used solely for purchases of
equipment and supplies for career technical education courses and any
necessary minor facility configurations or improvements to remove
old equipment or to utilize the new equipment.
(C) Prior to the allocation of funds to any local educational
agency, the receiving agency shall do all of the following:
(i) Provide to the State Department of Education an expenditure
plan for approval by the department that has been developed in
consultation with the career technical education advisory committee
established pursuant to Section 8070 of the Education Code.
(ii) Agree to notify the career technical education advisory
committee prior to disposing of any existing equipment or purchasing
any new equipment used for career technical education.
(iii) Provide any other information determined by the
Superintendent of Public Instruction deemed necessary to ensure this
funding is effectively utilized to sustain and expand attendance in
high quality career technical education programs.
(D) Of the funds appropriated in this paragraph, two million five
hundred thousand dollars ($2,500,000) shall be used for capacity
building incentive grants for grades 7 to 12, inclusive, to enhance
existing, or establish new, health-related career pathway programs in
grades 7 to 12, inclusive. Funds shall be used for standards-based
curriculum development, development of a sequence of courses, and
materials and equipment. The State Department of Education shall
report to the Legislature and the Governor on the use of the funds
described in this subparagraph on or before January 1, 2008.
(15) Four million dollars ($4,000,000) to the Superintendent of
Public Instruction as local assistance funds for support of the K-12
High-Speed Network.
(16) Five hundred million dollars ($500,000,000) for transfer to
Section A of the State School Fund for allocation by the
Superintendent of Public Instruction to school districts, charter
schools, and county offices of education on the basis of an equal
amount per unit of average daily attendance, as defined in Section
42238.5 of, and subdivision (b) of Section 41601 of, the Education
Code, plus any average daily attendance credited to the county
superintendent of schools for the purposes of Sections 42238, 47633,
47605.5, 47613.1, and 47634.2 of the Education Code, and including
average daily attendance used to compute funding for small school
districts pursuant to Article 4 (commencing with Section 42280) of
Chapter 7 of Part 24 of the Education Code, reported for the second
principal apportionment for the 2005-06 fiscal year pursuant to
Section 41601 of the Education Code. However, the Superintendent of
Public Instruction shall not allocate to a district, and the district
shall not expend, less than two thousand five hundred dollars
($2,500) per schoolsite. That allocation shall be used solely for the
following:
(A) Art and music supplies and equipment.
(B) Physical education supplies and equipment.
(C) Professional development in arts, music, or physical fitness.
(17) Fifty million dollars ($50,000,000) for transfer to the Child
Care Facilities Revolving Fund to address facilities needs for the
expansion of the State Preschool Program, pursuant to legislation
enacted during the 2005 -06 Regular Session of the Legislature.
Funding shall be available for the renovation, repair, or improvement
of an existing building and for the purchase of new relocatable
child care facilities, in accordance with Education Code Section
8278.3.
(18) Five million five hundred thousand dollars ($5,500,000) to
the Superintendent of Public Instruction for allocation to local
educational agencies for the purpose of funding the purchase of
state-approved individual intervention materials for students who
have failed the California High School Exit Examination.
(A) Local educational agencies shall be eligible for apportionment
funding of twenty dollars ($20) per pupil based on the number of
pupils in grades 11 through 12, inclusive, who have failed to pass
one or both portions of the California High School Exit Examination.
Funds shall be used to purchase any materials recommended by the
State Department of Education and approved by the State Board of
Education for these purposes.
(B) Individual intervention materials approved pursuant to this
section shall meet the following criteria:
(i) Assist students in mastering standards necessary to
successfully pass the California High School Exit Examination.
(ii) Include a computer-based component that adapts to each
student's specific remediation needs.
(iii) Include appropriate professional development support for
teachers.
(C) The State Department of Education shall issue a request for
proposals to vendors to develop, produce, and make available
workbooks meeting the specifications described in subparagraph (B) at
a cost no greater than twenty dollars ($20) per workbook. Based on
this request for proposal process, the department shall recommend a
vendor or vendors to the State Board of Education for approval.
(19) The sum of one million eight hundred thousand dollars
($1,800,000) to the Superintendent of Public Instruction for
implementation of the Mathematics Teacher Partnership Pilot Program.
(A) The Superintendent of Public Instruction shall select, on a
competitive basis, a county office of education or consortia of
county offices of education to provide one-time funding for the
establishment of the Mathematics Teacher Pilot Program. The funding
shall be allocated no later than August 1, 2006, or 30 days following
enactment of the Budget Act of 2006, whichever date is later, and
shall be available for expenditure to the successful bidder for the
2006-07 and 2007-08 fiscal years.
(B) The successful bidder shall use the funds provided to
implement a regional Math Teacher Pilot Project in at least three
counties to accomplish the following objectives:
(i) Increase the number of qualified secondary level math teachers
and increase the likelihood that such teachers will remain in the
teaching profession. These activities shall build upon current state
efforts to increase the number of new secondary level math teachers.
(ii) Improve and raise the capacity of secondary-level teachers
who teach mathematics.
(iii) Provide professional development to teachers aimed at
improving their ability to convey rigorous content and motivate
students toward careers in teaching mathematics.
(iv) Provide professional development for teachers in how to
assist students who are struggling to meet proficiencies required to
pass the mathematics portion of the California High School Exit
Examination.
(C) (i) The county office of education receiving the funding shall
monitor and report on the results of the pilot programs to identify
models for replication in other service areas throughout the state.
(ii) The county office of education receiving the funding shall
submit annual progress reports to the Legislature, the Department of
Finance, the Superintendent of Public Instruction, the Office of the
Secretary of Education, the State Board of Education, the Governor,
and the Legislative Analyst's Office. These reports shall include,
but not be limited to, information on outcomes related to the number,
quality and capacity of secondary level math teachers in pilot
schools; statistics regarding unmet demand for secondary level math
teachers in pilot schools; types of incentives and support provided
to teachers; passage rates of students on the mathematics portion of
the California High School Exit Examination; and lessons learned
about effective or ineffective activities and strategies. These
reports shall be submitted on or before August 1, 2007, and August 1,
2008.
(20) Fifty million dollars ($50,000,000) to the Superintendent of
Public Instruction for teacher recruitment and retention for
allocation to the governing board of a school district that has a
school or schools that are ranked in deciles 1 to 3, inclusive, of
the 2005 base Academic Performance Index, as defined in Section 52052
of the Education Code, for one or more such qualifying schools in
accordance with the following:
(A) As a condition of receipt of funds, the district governing
board shall adopt a plan for use of the funds within the qualifying
schools. The plan shall be discussed and adopted at a regularly
scheduled governing board meeting.
(B) Each applicant district shall receive fifty dollars ($50) per
pupil based upon the number of pupils in qualifying schools within
the district.
(C) The funds shall be used for the purposes of improving the
educational culture and environment at those schools, which may
include, but are not limited to, the following specific purposes:
(i) Assuring a safe, clean school environment for teaching and
learning.
(ii) Providing support services for students, and teachers.
(iii) Activities, including differential compensation, focused on
the recruitment and retention at those schools of teachers who meet
the definition of a highly qualified teacher under the No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(iv) Activities, including differential compensation, focused on
the recruitment and retention at those schools of highly skilled
principals.
(v) Small group instruction.
(vi) Providing time for teachers and principals to collaborate
regarding improving academic outcomes for students.
(D) To the extent that funding is insufficient to fund all
eligible applicants, the amount provided shall be prorated to conform
to available funds.
(21) Ninety-four million one hundred forty-four thousand dollars
($94,144,000) for transfer by the Controller to Section B of the
State School Fund for the purpose of providing one-time block grants
to community college districts for physical plant and instructional
support, for the 2005-06 fiscal year subject to the following
provisions:
(A) Forty-seven million seventy-two thousand dollars ($47,072,000)
shall be available for scheduled maintenance and special repairs of
facilities and forty-seven million seventy-two thousand dollars
($47,072,000) shall be available for the replacement of instructional
equipment and library materials.
(B) Community college districts shall expend the allocations made
pursuant to this paragraph for the purpose of one-time expenditures,
including high priority instructional equipment and library material
replacement; technology infrastructure; scheduled maintenance and
special repairs; hazardous substances abatement, cleanup and repairs;
and architectural barrier removal and seismic retrofit projects
limited to $400,000.
(C) The Chancellor of the Community Colleges shall allocate the
amount appropriated for the one-time block grants in subparagraph (A)
to community college districts on an equal amount per actual
full-time equivalent student attendance reported for the 2005-06
fiscal year, except that each community college district shall be
allocated an amount not less than one hundred thousand dollars
($100,000), and the equal amount per unit of full-time attendance
shall be computed accordingly.
(D) These funds shall supplement and not supplant existing
expenditures and may not be counted as the district match for
physical plant projects and instructional material purchases funded
in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2006.
(22) Seventy-seven million seven hundred thousand dollars
($77,700,000) for transfer by the Controller to Section B of the
State School Fund for the purpose of providing one-time general
purpose block grants to community college districts, for the 2005-06
fiscal year. The Chancellor of the Community Colleges shall allocate
the amount appropriated for the one-time block grants in this
paragraph to community college districts in an equal amount per
actual full-time equivalent student attendance reported for the
2005-06 fiscal year, except that each community college district
shall be allocated an amount not less than one hundred thousand
dollars ($100,000), and the equal amount per unit of full-time
attendance shall be computed accordingly. Community college districts
may expend the allocations made pursuant to this section for the
purpose of any appropriate one-time expenditure. However, these funds
may not be counted as the required local contribution for physical
plant projects or instructional material purchases funded in Item
6870-101-0001 of Section 2.00 of the Budget Act of 2006.
(23) Forty million dollars ($40,000,000) for transfer by the
Controller to Section B of the State School Fund for the purpose of
providing one-time grants to community college districts, for career
technical education equipment, materials and minor facility
remodeling. The Chancellor of the Community Colleges shall allocate
the amount appropriated for the one-time grants in this paragraph to
community college districts on an equal amount per actual full-time
equivalent student attendance reported for the 2005-06 fiscal year,
except that each community college district shall be allocated an
amount not less than one hundred thousand dollars ($100,000), and the
equal amount per unit of full-time attendance shall be computed
accordingly. Community college districts shall expend the allocations
made pursuant to this section for the purpose of one-time
expenditures for career technical education equipment, materials, and
facility reconfigurations or improvements necessary to remove old or
install new equipment. Any equipment that has been replaced with
funds provided in this subdivision shall be made available to high
schools in the region served by the district to the extent it may
benefit career technical education in the high schools.
(24) Nineteen million seven hundred ten thousand dollars
($19,710,000) for transfer by the Controller to Section B of the
State School Fund for the purpose of providing one-time grants to
community college districts, for purposes specified in legislation
enacted during the 2005-06 Regular Session.
(25) Fifteen million dollars ($15,000,000) to the Controller for
allocation to community college districts for the reimbursement of
state-mandated local cost claims submitted by community college
districts for the 1995-96 to 2005-06 fiscal years, inclusive. The
Controller shall use the funds appropriated in this paragraph to pay
for claims submitted by community college districts for the 1995-96
to 2005-06 fiscal years, inclusive. The Controller shall pay claims
according to the following order of priority:
(A) First, the oldest claims no longer subject to audit pursuant
to subdivision (a) of Section 17558.5 of the Government Code,
including accrued interest.
(B) Second, claims still subject to audit pursuant to subdivision
(a) of Section 17558.5 of the Government Code, including accrued
interest. The Controller may adjust the amounts paid for these claims
on the basis of the final audits. Any repayment resulting from an
audit may be counted towards future claims submitted by the local
educational agency.
(26) Five hundred thousand dollars ($500,000) from the General
Fund for transfer by the Controller to Section B of the State School
Fund for the purpose of providing one-time grants to community
college districts, for the following purposes:
(A) The establishment or expansion of nursing student clinical
placement registries in all regions of the state for the benefit of
nursing students and programs serving community college students and
students from the University of California and the California State
University.
(B) To establish an online community college nursing faculty
registry.
(C) It is the intent of the Legislature that the one-time projects
funded pursuant to this paragraph will be self-sustaining through
annual user fees from participating colleges and universities.
(27) One million four hundred forty-six thousand dollars
($1,446,000) from the General Fund for transfer by the Controller to
Section B of the State School Fund for the purpose of providing
one-time grants to community college districts for sites to complete
connection to the California Research and Education Network. To the
extent that there are insufficient moneys to fund all applications,
the funding shall be allocated on a first-come first-serve basis.
These funds shall only be given to districts with college sites that
do not currently have the ability to connect to the California
Research and Education Network.
(28) Five hundred thousand dollars ($500,000) for transfer by the
Controller to Section B of the State School Fund for the purpose of
providing one-time funding to the community colleges for research and
statewide leadership activities related to the implementation of a
community college system strategic plan adopted by the Board of
Governors in January 2006. The funds shall be used for reimbursement
of expenditures incurred by community college representatives
assisting in the shared governance implementation of the strategic
plan. At least ninety percent of the appropriated funds shall be
expended for short-term applied research necessary to guide the
implementation of strategic initiatives identified in the plan,
including removal of barriers for student access and success,
innovative programs and outreach, improved assessment and placement,
improved articulation with elementary and secondary schools and
four-year institutions, teaching and learning effectiveness,
innovative practices in workforce education and accountability
research for the community colleges. No more than ten percent of the
appropriated funds shall be available for reimbursement of release
time and transportation expenses of community college representatives
assisting in the shared governance advice and implementation of the
strategic plan.
(29) Seven hundred thousand dollars ($700,000) for transfer by the
Controller to Section B of the State School Fund for the purpose of
providing one-time funding to the community colleges to develop and
implement an Electronic Transcript Exchange.
(30) Two million five hundred thousand dollars ($2,500,000) for
transfer by the Controller to Section B of the State School Fund to
fund a pilot grant program designed to recruit and retain existing
full-time nursing faculty. Funds shall be available for three years,
through the 2008-09 fiscal year. The Board of Governors shall adopt
criteria to allocate these funds to districts on a competitive basis
to maximize their effectiveness. The chancellor shall submit the
grant criteria to the Department of Finance and the Legislature for
review not less than 30 days prior to releasing a request for
proposals. On or before January 10, 2009, the chancellor shall submit
to the Legislature and the Department of Finance a report listing
the grant recipients, describing how the grant funds were used, and
assessing the effectiveness of the grant funds in retaining and
recruiting nursing faculty. It is the intent of the Legislature to
use the information contained in the report to help decide whether to
extend or expand the pilot program beyond the 2008-09 fiscal year.
(31) Five million dollars ($5,000,000) for transfer by the
Controller to Section B of the State School Fund for one-time
expenditure by the community colleges in support of faculty and staff
professional development programs established by Article 5 Chapter 1
of Part 51 of the Education Code, beginning with Section 87150 of
the Education Code. The chancellor shall allocate funds to each
community college district that complies with the requirements of
Section 87151 of the
Education Code on an equal basis per full-time equivalent student.
(32) One hundred thousand dollars ($100,000) for transfer by the
Controller to Section B of the State School Fund for allocation to
the Amador County Office of Education for distance education
equipment for purposes of broadcasting community college courses in
Amador County.
(b) For the 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, and "General
Fund revenues appropriated for community college districts," as
defined in subdivision (d) of Section 41202 of the Education Code,
for the 2005-06 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 of the Education
Code, for the 2005-06 fiscal year.
SEC. 10. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide sufficient funding for public education
programs in an expeditious manner prior to commencement of the
2006-07 school year, it is necessary for this act to take effect
immediately.
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