BILL NUMBER: AB 1152 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 22, 2013
An act to amend Section 42605 of the Education Code, relating to
school finance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1152, as introduced, Ammiano. School finance: categorical
programs.
Existing law establishes various categorical education programs
and appropriates the funding for those programs in the annual Budget
Act. Existing law requires the Superintendent of Public Instruction,
for the 2008-09 to 2014-15 fiscal years, inclusive, to apportion from
the amounts provided in the annual Budget Act for specified
categorical education programs an amount based on the relative
proportion that the local educational agency received in the 2008-09
fiscal year for those programs and authorizes school districts, for
those fiscal years, to use these funds, with specified exceptions,
for any educational purpose, to the extent permitted by federal law.
Existing law requires a local educational agency to report
expenditures of these funds to the State Department of Education.
This bill would remove the California School Age Families
Education Program (Cal-SAFE) from the list of categorical education
programs for which their funding may be used for any educational
purpose. This bill would also require school districts, charter
schools, and county offices of education selecting not to maintain or
reestablish a Cal-SAFE program to have their funding received in the
annual Budget Act for the Cal-SAFE program reappropriated to the
Budget Act item related to the Cal-SAFE program in the 2013-14 fiscal
year and each subsequent fiscal year. The reappropriated funds shall
be restricted to expanding existing Cal-SAFE programs or
establishing new Cal-SAFE programs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) The California School Age Families Education Program
(Cal-SAFE) is a comprehensive, integrated, community-linked
school-based program that improves the educational experiences for
two vulnerable populations: expectant and parenting pupils and their
children. The Cal-SAFE program is designed to focus on dropout
prevention, school success, and youth development for enrolled pupils
by increasing the availability of targeted supportive services, and
to provide child care and development services for the children of
enrolled pupils so that they are healthy and have enhanced school
readiness.
(b) Since its implementation in 2000, the Cal-SAFE program has
enrolled over 120,000 expectant and parenting pupils, including
expectant and parenting fathers, along with over 78,000 of their
young children.
(c) Most of the expectant and parenting pupils are low-income
pupils and many struggle to speak proficient English. The Cal-SAFE
program assists in breaking generational cycles of teen pregnancy,
welfare dependency, and delinquency.
(d) The Cal-SAFE Program 12-Year Evaluation: 2000-12, an
independent evaluation, documented key outcomes from 2000 to 2012,
inclusive, and included the following:
(1) Over 73 percent of the pupils exiting the Cal-SAFE program
successfully completed their high school education. This graduation
rate for teen mothers exceeds the 38 percent graduation rate for teen
mothers in the nation as cited by Perper, Peterson, and Manlove in
their 2010 report titled Diploma Attainment Among Teen Mothers.
(2) From 2009 to 2012, inclusive, nearly 70 percent of the 12th
grade Cal-SAFE pupils passed the California High School Exit Exam.
(3) Only 8 percent of the babies born represented repeat births
while their parents were enrolled in the Cal-SAFE program. This
percentage is 50 percent lower than the 16 percent repeat birth rate
in 2009 for the nation, as cited by Child Trends in the Teen
Pregnancy and Repeat Teen Pregnancy: Data and Key Determinants.
(4) Only 7.07 percent of children at birth weighed less than 2,500
grams, an accepted threshold for low birth weights, while their
parents were enrolled in the Cal-SAFE program. This percentage is
lower than the national low birth weight rate of 13.4 percent for
mothers under 15 years of age, and lower than the rate of 10 percent
for mothers ages 15 to 19, inclusive.
(5) Almost 60 percent of the children of Cal-SAFE program pupils
attended a child care center funded by the Cal-SAFE program and
received services based on developmental needs. Furthermore, 95
percent of the children enrolled in Cal-SAFE-sponsored child care
were up-to-date on their immunizations. This substantially exceeds
the national and state immunization rates of 82 percent and 81
percent, respectively, for children 19 to 35 months of age,
inclusive.
(e) The Sargent Shriver National Center on Poverty Law commended
California for the successful Cal-SAFE program model. The Sargent
Shriver National Center on Poverty Law was noted as stating: "The
Cal-SAFE program is an excellent model for other states seeking to
support their youth who are expecting and parenting so that they may
succeed in school and fortify their and their children's future
well-being." California, however, will not remain the leader in
services to this vulnerable pupil and child population without funds.
(f) Nationally recognized for its success, the Cal-SAFE program is
the model program for the congressional bill Pregnant and Parenting
Students Access to Education Act of 2011 (House Resolution No. 2617),
which would provide federal funding to states for implementing
similar models.
(g) Since the Cal-SAFE program has been in the tier III maximum
categorical flexibility funding, the number of local educational
agencies operating a Cal-SAFE program has decreased from 146 in the
2007-08 school year to only 118 in the 2011-12 school year. Only a
few of the local educational agencies operate by the statutory
requirements pursuant to the California School Age Families Education
Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of
Part 29 of Division 4 of Title 2).
(h) For eight years Cal-SAFE programs served numerous pupils and
their children, but the February 2009 changes to tier III maximum
categorical flexibility funding resulted in Cal-SAFE programs serving
a decreased number of expectant and parenting pupils and their
children.
(1) From the peak of 13,270 enrolled pupils during the 2007-08
school year, Cal-SAFE Program 12-Year Evaluation: 2000-12 reported
that the number of pupils served decreased 47 percent to an estimated
6,865 pupils who received services during the 2011-12 school year.
(2) It is estimated that existing Cal-SAFE programs will only
serve 3,500 pupils and 1,700 children in the 2013-14 school year.
Since the Cal-SAFE program was entered into the tier III maximum
categorical flexibility funding, services to Cal-SAFE pupils
decreased by 74 percent.
(i) The Governor's budget proposal for the 2013-14 fiscal year to
eliminate all Cal-SAFE program funding and further flex the funds to
local educational agencies will result in the following consequences:
(1) The California Department of Public Health, Maternal, Child,
and Adolescent Health (MCAH) and the Adolescent Family Life Program
(AFLP) are at risk of losing federal funding for collaborative
positive youth development programs that use local Cal-SAFE program
sites as grant partners.
(2) The MCAH's federally funded Nurse Family Partnership (NFP) and
national home visiting programs will also be negatively impacted
since MCAH relies largely on Cal-SAFE program schoolsites for
referrals to and from the NFP program.
(3) The State of California and local educational agencies will be
unable to use Cal-SAFE program dollars to leverage any additional
dollars from federal and state sources, as well as community,
philanthropic, faith-based, and private sector funding.
(4) The Superintendent of Public Instruction's goal to close the
achievement gap and dropout rate will not be met as a result of
eliminating Cal-SAFE program funding. The Superintendent's effort to
focus on early education and targeted remediation for pupils will not
be met. Cal-SAFE program goals of closing the achievement gap and
drop out rates, and focusing on early education and targeting
remediation for pupils will not be able to assist the Superintendent
in achieving his or her goals as a result of eliminating Cal-SAFE
program funds.
(5) The state will, once again, be burdened with increased teen
pregnancies, welfare dependency, and delinquency leading to
additional costs to the state medical, mental health, social
services, welfare, and corrections systems. The Cal-SAFE program
models the assertion that equal treatment in unequal situations for
expectant and parenting pupils and their children is not justice.
(6) Local educational agencies no longer operating a Cal-SAFE
program will experience a significant loss of revenue since expectant
and parenting pupils will not have the support services to remain in
school. As a result, school dropout rates will increase because of
the decreased services and increased responsibilities of pregnancy
and parenting.
(7) Expectant and parenting pupils are more likely to experience
discrimination because of their pregnant and parenting status, in
violation of Title IX of the federal Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.), resulting in a high risk for civil rights
lawsuits.
(8) Teen fathers once again will be at a higher risk of low
educational achievement, will be more likely to drop out of school,
will be more likely to work in low paying, unskilled jobs with little
promise of future improvement, and will more likely engage in
delinquent or criminal activities leading to lifelong adversities.
(9) Children of teen mothers will be more likely at risk for
experiencing behavior problems during adolescence, engaging in
delinquent or criminal activities, becoming sexually active at a
young age, and becoming teen parents themselves.
(10) Expectant and parenting pupils and their children will
experience increased family and relationship violence and will lack
positive parenting and life skills without the learning environment
provided by the Cal-SAFE program.
SEC. 2. It is the intent of the Legislature that the Cal-SAFE
program shall remain a viable, separate program, that the Cal-SAFE
program shall be removed from the tier III maximum categorical
flexibility funding, that the Cal-SAFE program shall be removed from
any future proposed changes to categorical programs, that the
Cal-SAFE program shall operate as the model specified in statutory
and regulatory language, and that funds not used by local educational
agencies to operate the Cal-SAFE program shall be relinquished to
the Cal-SAFE program budget line item for establishing new programs
or program expansion.
SEC. 3. Section 42605 of the Education Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2014-15 fiscal year, inclusive, recipients of funds from the
items listed in paragraph (2) may use funding received, pursuant to
subdivision (b), from any of these items listed in paragraph (2) that
are contained in Section 2.00 of the annual Budget Act, for any
educational purpose.
(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-122-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001,
6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-227-0001,
6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001,
6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001,
6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001,
6110-266-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001 of
Section 2.00.
(b) (1) For the 2009-10 fiscal year to the 2014-15 fiscal year,
inclusive, the Superintendent or other administering state agency, as
appropriate, shall apportion from the amounts provided in the annual
Budget Act for the items enumerated in paragraph (2) of subdivision
(a) an amount to recipients based on the same relative proportion
that the recipient received in the 2008-09 fiscal year for the
programs funded through the items enumerated in paragraph (2) of
subdivision (a).
(2) This section and Section 42 of Chapter 12 of the Third
Extraordinary Session of the Statutes of 2009 do not authorize a
school district that receives funding on behalf of a charter school
pursuant to Sections 47634.1 and 47651 to redirect this funding for
another purpose unless otherwise authorized in law or pursuant to an
agreement between a charter school and its chartering authority.
Notwithstanding paragraph (1), for the 2008-09 fiscal year to the
2014-15 fiscal year, inclusive, a school district that receives
funding on behalf of a charter school pursuant to Sections 47634.1
and 47651 shall continue to distribute the funds to those charter
schools based on the relative proportion that the school district
distributed in the 2007-08 fiscal year, and shall adjust those
amounts to reflect changes in charter school attendance in the
district. The amounts allocated shall be adjusted for any greater or
lesser amount appropriated for the items enumerated in paragraph (2)
of subdivision (a). For a charter school that began operation in the
2008-09 fiscal year, if a school district received funding on behalf
of that charter school pursuant to Sections 47634.1 and 47651, the
school district shall continue to distribute the funds to that
charter school based on the relative proportion that the school
district distributed in the 2008-09 fiscal year and shall adjust the
amount of those funds to reflect changes in charter school attendance
in the district. The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2014-15 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001 of
Section 2.00 of the annual Budget Act an amount to a charter school
in accordance with the per-pupil methodology prescribed in
subdivision (c) of Section 47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2014-15 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in Section 2.00
of the annual Budget Act: 6110-104-0001, 6110-105-0001,
6110-156-0001, 6110-190-0001, Schedule (3) of 6110-193-0001,
6110-198-0001, 6110-232-0001, and Schedule (2) of
6110-240-0001.
(5) For purposes of paragraph (4), if a direct-funded charter
school began operation in the 2008-09 fiscal year, the amount that
the charter school was entitled to receive from the items enumerated
in paragraph (4) for the 2008-09 fiscal year, as certified by the
Superintendent in March 2009, is deemed to have been received in the
2007-08 fiscal year.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) (A) As a condition of receipt of funds, the governing board of
the school district or governing board of the county office of
education, as appropriate, at a regularly scheduled open public
hearing shall take testimony from the public, discuss, approve or
disapprove the proposed use of funding, and make explicit for each of
the budget items in paragraph (2) of subdivision (a) the purposes
for which the funds will be used.
(B) The regularly scheduled open public hearing held pursuant to
subparagraph (A) shall be held before and independent of a meeting
where the governing board of the school district or governing board
of the county office of education adopts a budget. If the governing
board intends to close a program funded by the items listed in
paragraph (2) of subdivision (a), the governing board shall identify,
in the notice of the agenda of the public hearing or at another
public hearing, the program or programs proposed to be closed.
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15, 2016.
(d) For the 2008-09 fiscal year to the 2014-15 fiscal year,
inclusive, local educational agencies that use the flexibility
provision of this section shall be deemed to be in compliance with
the program and funding requirements contained in statutory,
regulatory, and provisional language, associated with the items
enumerated in subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Item 6110-105-0001 of Section 2.00 of the annual Budget
Act, the amount authorized for flexibility shall exclude the funding
provided to fund remedial educational services pursuant to Provision
4. For Item 6110-156-0001 of Section 2.00 of the annual Budget Act,
the amount authorized for flexibility shall exclude the funding
provided for instruction of CalWORKs-eligible students
pupils pursuant to Schedules (2) and (3) and
Provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local
educational agency for kindergarten and grades 1 to 8, inclusive, and
for grades 9 to 12, inclusive, shall be aligned with the state
standards adopted pursuant to Section 60605 or 60605.8, and shall
also meet the reporting and sufficiency requirements contained in
Section 60119.
(B) For purposes of this section, "sufficiency" means
"sufficiency requirements" are the requirements
that each pupil has sufficient textbooks and instructional materials
in the four core areas as defined by Section 60119 and that all
pupils within the local educational agency who are enrolled in the
same course shall have identical textbooks and instructional
materials, as specified in Section 1240.3.
(3) For Item 6110-195-0001 of Section 2.00 of the annual Budget
Act, the item shall exclude moneys that are required to fund awards
for teachers that have previously met the requirements necessary to
obtain these awards, until the award is paid in full.
(4) For Item 6110-266-0001 of Section 2.00 of the annual Budget
Act, a county office of education shall conduct at least one site
visit to each of the required schoolsites pursuant to Section 1240
and shall fulfill all of the duties set forth in Sections 1240 and
44258.9.
(5) For Item 6110-198-0001 of Section 2.00 of the annual Budget
Act, a school district or county office of education that operates
the child care component of the Cal-SAFE program shall comply with
paragraphs (5) and (6) of subdivision (c) of Section 54746.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.
(g) (1) The California School Age Families Education Program
(Cal-SAFE) operated by school districts, charter schools, and county
offices of education shall be exempt from any new education financing
proposal that would eliminate categorical programs commencing with
the 2013-14 fiscal year and all subsequent fiscal years.
(2) Cal-SAFE programs operated by school districts, charter
schools, and county offices of education in the 2007-08 fiscal year
shall comply, commencing in the 2013-14 fiscal year, with the program
and funding requirements specified in the California School Age
Families Education Program (Article 7.1 (commencing with Section
54740) of Chapter 9 of Part 29 of Division 4 of Title 2) and related
regulations.
(3) School districts, charter schools, and county offices of
education selecting not to maintain or reestablish a Cal-SAFE program
described in paragraph (2) shall have the funding received in the
annual Budget Act for the Cal-SAFE program reappropriated to the
Budget Act item related to the Cal-SAFE program in the 2013-14 fiscal
year and each subsequent fiscal year. The reappropriated funds shall
be restricted to expanding existing Cal-SAFE programs or
establishing new programs serving the specific pupil and child
populations.