BILL NUMBER: AB 816 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 19, 2004
AMENDED IN SENATE JUNE 16, 2004
AMENDED IN SENATE JULY 2, 2003
AMENDED IN SENATE JUNE 16, 2003
AMENDED IN ASSEMBLY JUNE 2, 2003
AMENDED IN ASSEMBLY MAY 6, 2003
AMENDED IN ASSEMBLY APRIL 8, 2003
AMENDED IN ASSEMBLY MARCH 25, 2003
INTRODUCED BY Assembly Member Reyes
FEBRUARY 20, 2003
An act to amend Sections 64000 and 64001 of the Education Code,
relating to categorical education programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 816, as amended, Reyes. Consolidated application for
categorical programs.
Existing law establishes a consolidated application process for
funds provided under specified state and federal categorical programs
and requires the Superintendent of Public Instruction to establish
the content, process, and frequency for conducting reviews of
district achievement related to those categorical programs.
Existing law requires that school districts ensure that each school
in a district operating those categorical programs consolidate any
plans that are required by those programs into a single plan, to be
known as the Single Plan for Pupil Achievement. Existing law
requires that this plan be aligned with school goals for improving
pupil achievement, and prescribes related matters.
This bill would expand the list of categorical programs covered by
those provisions to include , at the discretion of the
Superintendent and with the approval of the state board, other state
and federal categorical programs that provide for the state
monitoring of compliance with program requirements. The bill would
also require the Superintendent to conduct a review of a categorical
program covered by those provisions, and to determine whether the
program is in compliance with state and federal law. The bill would
require the Superintendent, if appropriate, to assist a school
district to develop and complete a corrective action plan
other federal and state funded programs, as deemed necessary by
the superintendent, that require state monitoring for compliance with
program requirements . The bill would state the intent
of the Legislature that the superintendent begin replacing the
coordinated compliance review of categorical programs with a
data-driven, results-based monitoring process, as specified, and
would authorize the superintendent to conduct a pilot program of the
monitoring process during the 2004-05 fiscal year .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature that the
Superintendent of Public Instruction begin replacing the coordinated
compliance review of categorical programs with a data-driven,
results-based monitoring process. The monitoring process should
place priority on statutory requirements essential to the
effectiveness of categorical programs in enhancing pupil achievement.
(b) It is also the intent of the Legislature that, in implementing
the monitoring process, the superintendent utilize data collected
electronically in order to reduce the need to make onsite visits at
school districts.
(c) The Legislature encourages ongoing involvement of stakeholder
groups in the development and implementation of the monitoring
process.
(d) If the monitoring process is developed, the superintendent may
conduct a pilot program of the monitoring process during the 2004-05
fiscal year for state categorical programs covered by Part 36
(commencing with Section 64000) of the Education Code, and for
federal categorical programs to the extent permitted by federal
regulation.
(e) It is the intent of the Legislature that the superintendent
evaluate the monitoring process once it is implemented, and make
reports to the Legislature as it may request.
SEC. 2. Section 64000 of the Education Code is amended to
read:
64000. (a) This part applies to applications for funds under the
following categorical programs:
(1) School library programs established pursuant to Chapter 2
(commencing with Section 18100) of Part 11.
(2) Staff development centers and programs established pursuant to
Chapter 3.1 (commencing with Section 44670) of Part 25.
(3) School improvement programs established pursuant to Chapter 6
(commencing with Section 52000) of Part 28.
(4) Bilingual education programs pursuant to Article 3 (commencing
with Section 52160) of Chapter 7 of Part 28.
(5) School-based coordinated categorical programs established
pursuant to Chapter 12 (commencing with Section 52800) of Part 28.
(6) Economic Impact Aid programs established pursuant to Chapter 1
(commencing with Section 54000) of Part 29.
(7) The Miller-Unruh Basic Reading Act of 1965 pursuant to Chapter
2 (commencing with Section 54100) of Part 29.
(8) Compensatory education programs established pursuant to
Chapter 4 (commencing with Section 54400) of Part 29, except for
programs for migrant children pursuant to Article 3 (commencing with
Section 54440) of Chapter 4 of Part 29.
(9) Programs providing assistance to disadvantaged pupils under
Section 6312 of Title 20 of the United States Code, and programs
providing assistance for neglected or delinquent pupils who are at
risk of dropping out of school, as funded by Section 6421 of Title 20
of the United States Code.
(10) Capital expense funding, as provided by Title I of the
Improving America's Schools Act of 1994 (20 U.S.C. Sec. 1001 et
seq.).
(11) Tenth grade counseling programs established pursuant to
Section 48431.6.
(12) California Peer Assistance and Review Programs for Teachers
established pursuant to Article 4.5 (commencing with Section 44500)
of Chapter 3 of Part 25.
(13) Professional development programs established pursuant to
Section 6601 of Title 20 of the United States Code.
(14) Innovative Program Strategies Programs established pursuant
to Section 7303 of Title 20 of the United States Code.
(15) Programs established under the federal Class Size Reduction
Initiative (P.L. 106-554).
(16) Programs for tobacco use prevention funded by Section 7115 of
Title 20 of the United States Code.
(17) School safety and violence prevention programs, established
pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2
of Part 19.
(18) Safe and Drug Free Schools and Communities programs
established pursuant to Section 7113 of Title 20 of the United States
Code.
(19) At the discretion of the Superintendent and with the approval
of the State Board of Education, this part shall also apply to other
state and federal categorical programs that provide for state
monitoring of compliance with program requirements.
(19) Other federal and state funded programs, as deemed necessary
by the Superintendent of Public Instruction, that require state
monitoring for compliance with program requirements, including
programs funded through a block grant.
(b) Each school district that elects to apply for any of these
state funds shall submit to the department, for approval by the State
Board of Education, a single consolidated application for approval
or continuance of those state categorical programs subject to this
part.
(c) Each school district that elects to apply for any of these
federal funds may submit to the department for approval, by the State
Board of Education, a single consolidated application for approval
or continuance of those federal categorical programs subject to this
part.
SEC. 2.
SEC. 3. Section 64001 of the Education Code is amended to
read:
64001. (a) Notwithstanding any other law, a school district is
not required to submit to the department, as part of the consolidated
application, school plans for categorical programs subject to this
part. School districts shall assure, in the consolidated
application, that the Single Plan for Pupil Achievement established
pursuant to subdivision (f) has been prepared in accordance with law,
that schoolsite councils have developed and approved a plan, to be
known as the Single Plan for Pupil Achievement for schools
participating in programs funded through the consolidated application
process, and any other school program they choose to include, and
that school plans were developed with the review, certification, and
advice of any applicable school advisory committees. The Single Plan
for Pupil Achievement may also be referred to as the Single Plan for
Student Achievement. The consolidated application shall also
include certifications by appropriate district advisory committees
that the application was developed with review and advice of those
committees.
(b) For any consolidated application that does not include the
necessary certifications or assurances, the department shall initiate
an investigation to determine whether the consolidated application
and Single Plan for Pupil Achievement were developed in accordance
with law and with the involvement of applicable advisory committees
and schoolsite councils.
(c) (1) Onsite school and district compliance
reviews of categorical programs shall continue, and school plans
shall be required and reviewed as part of these onsite visits and
compliance reviews. The Superintendent of Public Instruction
shall establish the process and frequency for conducting
reviews of district achievement and compliance with state and federal
categorical program requirements. The Superintendent shall
establish the content of these The superintendent
shall establish the content of program review instruments,
including any criteria for differentiating these reviews based on the
achievement of pupils, as demonstrated by the Academic Performance
Index developed pursuant to Section 52052, available data
pertaining to the effectiveness of categorical programs
52052, other pupil data , and evidence of district
compliance with state and federal law. The State Board of Education
shall review the content of these program review
instruments for consistency with state board policy.
(2) The Superintendent shall conduct a review of each categorical
program, based upon an analysis of available data including pupil
achievement data and test results. The Superintendent shall
determine whether a program is in compliance with state and federal
law. The Superintendent shall identify corrective action to be
taken, if appropriate, and assist a school district to develop and
complete a corrective action plan.
(d) A school district shall submit school plans whenever the
department requires the plans in order to effectively administer any
categorical program subject to this part. The department may require
submission of the school plan for any school that is the specific
subject of a complaint involving any categorical program or service
subject to this part.
(e) The department may require a school district to submit other
data or information as may be necessary for the department to
effectively administer any categorical program subject to this part.
(f) Notwithstanding any other law, as a condition of receiving
state funding for a categorical program pursuant to Section 64000,
school districts shall ensure that each school in a district that
operates any categorical programs subject to this part consolidates
any plans that are required by those programs into a single plan.
Schools may consolidate any plans that are required by federal
programs subject to this part into this plan, unless otherwise
prohibited by federal law. That plan shall be known as the Single
Plan for Pupil Achievement or may be referred to as the Single Plan
for Student Achievement.
(g) Plans developed pursuant to subdivision (d) of Section 52054,
and Section 6314 and following of Title 20 of the United States Code,
satisfy the requirement of subdivision (f).
(h) Notwithstanding any other law, the content of a Single Plan
for Pupil Achievement shall be aligned with school goals for
improving pupil achievement. School goals shall be based upon an
analysis of verifiable state data, including the Academic Performance
Index developed pursuant to Section 52052 and the English language
development test developed pursuant to Section 60810, and may include
any data voluntarily developed by districts to measure pupil
achievement. The Single Plan for Pupil Achievement shall, at a
minimum, address how funds provided to the school through any of the
sources identified in Section 64000 will be used to improve the
academic performance of all pupils to the level of the performance
goals, as established by the Academic Performance Index developed
pursuant to Section 52052. The plan shall also identify the schools'
means of evaluating progress toward accomplishing those goals and
the manner in which state and federal law governing these programs
will be implemented.
(i) The plan required by this section shall be reviewed annually
and updated, including proposed expenditure of funds allocated to the
school through the consolidated application, by the schoolsite
council, or, if the school does not have a schoolsite council, by
schoolwide advisory groups or school support groups that conform to
the requirements of Section 52012. The plans shall be reviewed and
approved by the governing board of the local education agency at a
regularly scheduled meeting whenever there are material changes that
affect the academic programs for pupils covered by programs
identified in Section 64000.
(j) The school plan and subsequent revisions shall be reviewed and
approved by the governing board of the school district. School
district governing boards shall certify that, to the extent allowable
under federal law, plans developed for purposes of this section are
consistent with district local improvement plans that are required as
a condition of receiving federal funding.
(k) This section does not prohibit a school district, at its
discretion, from conducting an independent review pursuant to
subdivision (c) of Section 64001 as that section read on January 1,
2001.