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sb1131a

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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.

Appropriation: yes.

 

 

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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