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<ns0:Id>20250AB__249698AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>2496</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Solache</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Solache</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 1240, 14501, 32286, 33352, 41020, 41409, 44258.9, 47605, 47605.6, 47606.5, 51101.1, 52062, 52064.1, 52068, 56366, 60800, and 60811.8 of, to repeal Sections 33126.1, 33126.15, 33126.2, 35256.1, 35258, and 41409.3 of, and to repeal and add Sections 33126 and 35256 of, the Education Code, relating to school accountability.</ns0:Title>
<ns0:RelatingClause>school accountability</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Local educational agencies: reports: school accountability report card: California School Dashboard: local control accountability plan: local control funding formula budget overview.</ns0:Subject>
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The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, require school districts maintaining an elementary or secondary school to adopt a school accountability report card for each school. The act also requires, by statute, the governing boards of school districts maintaining an elementary or secondary school to annually issue a school accountability report card that includes certain information for each school in the school district, publicize those reports, and notify parents and guardians of pupils that a hard copy of those reports is available upon request, as specified. The act authorizes its statutory provisions to be amended
by a bill that further its purposes and is enacted by a vote of
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<ns0:Numerator>2</ns0:Numerator>
<ns0:Denominator>3</ns0:Denominator>
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of the Legislature and signed by the Governor.
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<html:p>Existing law requires the State Department of Education, in collaboration with, and subject to the approval of, the executive director of the State Board of Education, to develop and maintain the California School Dashboard, a web-based system for publicly reporting performance data on the state and local indicators included in evaluation rubrics.</html:p>
<html:p>Existing law requires a local educational agency to develop annually a summary document known as the local control funding formula budget overview for parents. Existing law requires, before the governing board or body of a local educational agency considers the adoption of a local control and accountability plan (LCAP) or an annual update to the LCAP, certain things to
occur, including that the superintendent of the school district, the county superintendent of schools, or the charter school present a report on the annual update to the LCAP and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board or body of the local educational agency, as specified.</html:p>
<html:p>This bill would eliminate the school accountability report card set forth in statute by Proposition 98, and instead state that the California School Dashboard is the school accountability report card for purposes of the California Constitution. The bill would require the department to maintain an internet website that includes a history of the school accountability report card and a crosswalk that indicates where information comparable to what was included in the school accountability report card can be found on the California School Dashboard or another internet website, webpage, or
system managed by the department. The bill would require school districts to publicize the California School Dashboard and notify annually parents or guardians of pupils when the California School Dashboard is released. The bill would make conforming changes. By imposing new duties on school districts, the bill would impose a state-mandated local program.</html:p>
<html:p>This bill would also eliminate the above-described requirement to present a report on the annual update to the LCAP and the local control funding formula budget overview on or before February 28 of each year.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains
costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:VoteRequired>TWO_THIRDS</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_5AEF856C-F2E0-490E-BC3C-AA37B07D8972">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A duplicative and obsolete report that increases the reporting burden of local educational agencies and does not benefit accountability, transparency, and pupil achievement is the school accountability report card (SARC) established in the Classroom Instructional Improvement and Accountability Act (act), an initiative approved by the voters as
Proposition 98 at the November 8, 1988, statewide general election. The act included a requirement that each school district annually adopt a SARC for each school maintained by the school district. The SARC was intended to make schools accountable by requiring that each school make public a progress report on test scores, dropout rates, classroom discipline, class size, instructional materials, the quality of instruction, and school leadership.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In 2013, the state reformed school funding by adopting the local control funding formula (LCFF). Like Proposition 98, school accountability was a central focus of LCFF. The LCFF statutes established the requirement to complete a local control and accountability plan, a three-year plan that describes the goals, actions, services, and expenditures to support pupil outcomes that address both state and local priorities. The LCFF statutes also created the California School Dashboard as a new
accountability tool to reflect local educational agency and school performance across the state priority areas so that parents and the public have a complete picture of what is happening in the state’s schools and local educational agencies and can identify those that need additional support.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
While the LCFF statutes created a new accountability system and tools to better inform the public, they did not reform the SARC. The result is a now largely duplicative system that increases school district staff workload without commensurately increasing accountability, transparency, and pupil achievement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to consolidate, truncate, or replace duplicative or obsolete reports that increase the reporting burden of local educational agencies and
do not benefit accountability, transparency, and pupil achievement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is further the intent of the Legislature to address the inconsistency described in subdivision (a) by replacing the SARC and prioritizing the California School Dashboard. It is further the intent of the Legislature that the State Department of Education maintain an archive with information on the SARC, including a crosswalk that identifies where data to satisfy the requirements of the final SARC template may be found.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 1240 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F935D3E2-B827-473B-9DDA-211C6D6B011F">
<ns0:Num>1240.</ns0:Num>
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<ns0:Content>
<html:p>The county superintendent of schools shall do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Superintend the schools of that county.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent of schools annually may present a report of the state of the schools in the county, and of the county office of education, including, but not limited to, observations from visiting the schools, to the board of education and the board
of supervisors of the county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Commencing with the 2021–22 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county, that describes the state of the schools in the county. The list established in the 2021–22 fiscal year shall also be used as the list established in the 2022–23 and 2023–24 fiscal years. The list of schools established pursuant to this section shall be reestablished in the 2024–25 fiscal year and again every three fiscal years
thereafter. Each list shall be established in accordance with clause (ii), and shall be used for inspections beginning the following fiscal year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The list of schools pursuant to clause (i) shall be compiled as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The Superintendent shall include on the list all schools that were most recently identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the list established in the 2021–22, 2022–23, and 2023–24 fiscal years, the Superintendent shall use the list of schools identified in the 2019–20 fiscal year for comprehensive support and improvement and for additional targeted support and
improvement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. With the exception of alternative schools, all schools within a local educational agency that fail to meet the requirements of Sections 44258.9 and 60900 shall be included on the list for the applicable reporting cycle.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The annual report shall include the determinations for each school made by the county superintendent, or the county superintendent’s designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendent’s designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendent’s designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City
and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
On a quarterly basis, the county superintendent, or the county superintendent’s designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendent’s designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendent’s designee, conducts no visits or reviews in a quarter, the quarterly report shall
report that fact.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Minimize disruption to the operation of the school.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Be performed by individuals who meet the requirements of Section 45125.1.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The priority objective of the
visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The accuracy of data reported on the
California School Dashboard established pursuant to subdivision (f) of Section 52064.5, with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
If the county superintendent determines that the condition of a facility poses an emergency or
urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Return to the school to verify repairs.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented
at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
For schools that are identified on the list established in the 2024–25 fiscal year pursuant to subparagraph (A), and only in the fiscal years in which that list is used, a county superintendent shall complete the textbook and instructional materials review conducted for purposes of this paragraph and subparagraph (A) of paragraph (3) of subdivision (i) by the eighth week of the school year. The county superintendent shall prioritize reviewing, within the first four weeks of the school year where practicable, schools for which the county superintendent has received information from a survey, a complaint filed pursuant to
Section 35186, or any other reliable source that the school does not have sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i), or that a facility of the school poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification,
or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Keep in the office of the county superintendent the reports of the Superintendent.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of the applicant.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Enforce the course of study.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the
proper authority in accordance with Section 51050.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing with the 2022–23 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year, except as specified in subparagraph (H) of paragraph (2) of subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools
that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c) may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall, within 10 business days, provide a copy of the insufficiency report to the school district as set
forth in paragraph (4).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, “written surveys” may include paper and electronic or online surveys.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school
district within 10 business days pursuant to subparagraph (B) of paragraph (3).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements,
indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the county
superintendent of schools determines that there are insufficient textbooks or instructional materials pursuant to a resolution received in accordance with subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, or as a result of receiving a report of an unresolved complaint pursuant to subdivision (e) of Section 35186 or an audit exception pursuant to subdivision (i) of Section 41020, the county superintendent shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the deficiency is not remedied as required pursuant to subparagraph (A), the county superintendent shall request the department to purchase the textbooks or instructional
materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases the textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district when determining which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays
the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Preserve carefully all reports of school officers and teachers.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Deliver to the county superintendent’s successor, at the close of the county superintendent’s official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Submit two reports during the fiscal year to the county board of education in accordance with the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a
negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendent’s designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to
the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The county superintendent
is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A county office of education having a negative or qualified certification, or classified as qualified or negative by the Superintendent, shall continue to be classified as qualified or negative until the next report required under this subdivision is filed.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement
applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 14501 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>14501.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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As used in this chapter, “financial and compliance audit” shall be consistent with the definition provided in the “Standards for Audits of Governmental Organizations, Programs, Activities, and Functions” promulgated by the Comptroller General of the United States. Financial and compliance audits conducted under this chapter shall fulfill federal single audit requirements.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in this chapter, “compliance audit” means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation or both and includes the verification of each of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Expenditure of funds in accordance with the local control and accountability plan adopted pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The reporting requirements for the sufficiency of textbooks or instructional materials, or both, as defined in Section 60119.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Teacher misassignments pursuant to Section
</html:p>
<html:p>
44258.9. The requirements set forth in paragraph (2) and this paragraph shall be added to the audit guide requirements pursuant to subdivision (b) of Section 14502.1.</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 32286 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>32286.</ns0:Num>
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<ns0:Content>
<html:p>Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and update its plan by March 1, every year thereafter. A new school campus that begins offering classes to pupils after March 1, 2001, shall adopt a comprehensive school safety plan within one year of initiating operation, and shall review and update its plan by March 1, every year thereafter.</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 33126 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 6.</ns0:Num>
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Section 33126 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_ED976D6C-F807-4374-80B3-A83346B75BD7">
<ns0:Num>33126.</ns0:Num>
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<html:p>
(a)
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The department shall maintain an internet website that includes a history of the school accountability report card, including a crosswalk that indicates where information comparable to what was required to be included in the school accountability report card pursuant to Section 33126, as that section read on December 31, 2026, may be found on the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5, the department’s DataQuest internet website, or any other internet webpage or system managed by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the department determines that comparable information related to California’s state priorities pursuant to Sections 52060 and 52066 is not readily available or cannot be made readily
available within the department’s DataQuest internet website or any other internet webpage or system managed by the department, the department shall notify the state board, which may consider it for inclusion in the California School Dashboard.
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<ns0:Num>SEC. 7.</ns0:Num>
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Section 33126.1 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 8.</ns0:Num>
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Section 33126.15 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 9.</ns0:Num>
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Section 33126.2 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 10.</ns0:Num>
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Section 33352 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>33352.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall exercise general supervision over the courses of physical education in the elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their physical education and activity programs; and investigate the work in physical education in the public schools.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall ensure that the data collected through the categorical program monitoring indicates the extent to which each school within the jurisdiction of a school district or county office of education does all of the following that are applicable to the school:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provides instruction in physical education for a total period of time
of not less than 200 minutes each 10 schooldays to pupils in grades 1 to 6, inclusive, as required pursuant to paragraph (7) of subdivision (a) of Section 51210.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provides instruction in physical education for a total period of time of not less than 400 minutes each 10 schooldays to pupils in grades 7 to 12, inclusive, as required pursuant to subdivision (a) of Section 51222.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Provides instruction in physical education for a total period of time of not less than 200 minutes each 10 schooldays to pupils in an elementary school maintaining grades 1 to 8, inclusive, as required pursuant to Section 51223.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Conducts physical fitness testing of pupils as required pursuant to Chapter 6 (commencing with Section 60800) of Part 33 of Division 4.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Offers pupils exempted from required attendance in physical education courses pursuant to paragraph (1) of either subdivision (b) or (c) of Section 51241 a variety of elective physical education courses of not less than 400 minutes every 10 schooldays.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Provides a course of study in physical education to pupils in any of grades 9 to 12, inclusive, that includes a developmentally appropriate sequence of instruction, including the effects of physical activity upon dynamic health, the mechanics of
body movement, aquatics, gymnastics and tumbling, individual and dual sports, rhythms and dance, team sports, and combatives.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Provides instruction in physical education to pupils that provides equal opportunities for participation regardless of gender.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Provides instruction in physical education to pupils in any of grades 1 to
12, inclusive, by physical education teachers who hold appropriate teaching credentials issued by the Commission on Teacher Credentialing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department annually shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Submit a report to the Governor and the Legislature that summarizes the data collected through categorical program monitoring regarding the items described in paragraphs (1) to
(8), inclusive, of subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Post a summary of the data collected through categorical program monitoring regarding the items described in paragraphs (1) to
(8), inclusive, of subdivision (b) on the internet website of the department.
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<ns0:Num>SEC. 11.</ns0:Num>
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Section 35256 of the
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is repealed.
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<ns0:Num>SEC. 12.</ns0:Num>
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Section 35256 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_66A46905-AC40-42DC-81E9-EA0AEB5B0BB2">
<ns0:Num>35256.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The California School Dashboard, established pursuant to subdivision (f) of Section 52064.5, is the school accountability report card for the purposes of Section 8.5 of Article XVI of the California Constitution.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A school district shall publicize the California School Dashboard and notify parents or guardians of pupils when the California School Dashboard is released annually.
</html:p>
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<ns0:BillSection id="id_5785186D-6BD6-436C-898C-EFDAE3ABB018">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 35256.1 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_F7471145-A51E-427C-9C9D-0BE663873634">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 35258 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_F8C5D9BE-04EA-44B1-A057-6585411ED55C">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 41020 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_92AEB812-2348-4308-8F8B-628EC4461882">
<ns0:Num>41020.</ns0:Num>
<ns0:LawSectionVersion id="id_8C3A49BE-EF22-41E6-A6A1-2FD9AC22CEBE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature to encourage sound fiscal management practices among local educational agencies for the most efficient and effective use of public funds for the education of children in California by strengthening fiscal accountability at the school district, county, and state levels.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Not later than the first day of May of each fiscal year, each county superintendent of schools shall provide for an audit of all funds under their jurisdiction and control and the governing board of each local educational agency shall either provide for an audit of the books and accounts of the local educational agency, including an audit of income and expenditures by source of funds, or make arrangements with the county
superintendent of schools having jurisdiction over the local educational agency to provide for that auditing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A contract to perform the audit of a local educational agency that has a disapproved budget or has received a negative certification on any budget or interim financial report during the current fiscal year or either of the two preceding fiscal years, or for which the county superintendent of schools has otherwise determined that a lack of going concern exists, is not valid unless approved by the responsible county superintendent of schools and the governing board of the local educational agency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the governing board of a local educational agency has not provided for an audit of the books and accounts of the local educational agency by April 1, the county superintendent of schools having jurisdiction over the local educational agency shall provide for the audit of
the local educational agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An audit conducted pursuant to this section shall comply fully with the Government Auditing Standards issued by the Comptroller General of the United States.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this section, “local educational agency” does not include community colleges.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each audit conducted in accordance with this section shall include all funds of the local educational agency, including the student body and cafeteria funds and accounts and any other funds under the control or jurisdiction of the local educational agency. Each audit shall also include an audit of pupil attendance procedures. Each audit shall include a determination of whether funds were expended pursuant to a local control and accountability plan or an approved annual update to a local control and accountability plan pursuant
to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All audit reports for each fiscal year shall be developed and reported using a format established by the Controller after consultation with the Superintendent and the Director of Finance.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The cost of the audits provided for by the county superintendent of schools shall be paid from the county school service fund and the county superintendent of schools shall transfer the pro rata share of the cost chargeable to each school district from school district funds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The cost of the audit provided for by a governing board of a local educational agency shall be paid from local educational agency funds. The audit of the funds under the jurisdiction and control of the county superintendent of schools
shall be paid from the county school service fund.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The audits shall be made by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by the local educational agency, as applicable, from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local educational agencies, which shall be published by the Controller not later than December 31 of each year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing with the 2003–04 fiscal year and except as provided in subdivision (d) of Section 41320.1, it is unlawful for a public accounting firm to provide audit services to a local educational agency if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has
performed audit services for that local educational agency in each of the six previous fiscal years. The Education Audits Appeal Panel may waive this requirement if the panel finds that no otherwise eligible auditor is available to perform the audit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that, notwithstanding paragraph (2), the rotation within public accounting firms conform to provisions of the federal Sarbanes-Oxley Act of 2002 (Public Law 107-204; 15 U.S.C. Sec. 7201 et seq.), and upon release of the report required by the act of the Comptroller General of the United States addressing the mandatory rotation of registered public accounting firms, the Legislature intends to reconsider paragraph (2). In determining which certified public accountants and public accountants shall be included in the directory, the Controller shall use the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The certified
public accountants or public accountants shall be in good standing as certified by the Board of Accountancy.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The certified public accountants or public accountants, as a result of a quality control review conducted by the Controller pursuant to Section 14504.2, shall not have been found to have conducted an audit in a manner constituting noncompliance with subdivision (a) of Section 14503.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The auditor’s report shall include each of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A statement that the audit was conducted pursuant to standards and procedures developed in accordance with Chapter 3 (commencing with Section 14500) of Part 9 of Division 1 of Title 1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A summary of audit exceptions and management improvement recommendations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An evaluation by the auditor on whether there is substantial doubt about the ability of the local educational agency to continue as a going concern for a reasonable period of time. This evaluation shall be based on the Statement on Auditing Standards No. 59, as issued by the American Institute of Certified Public Accountants regarding disclosure requirements relating to the ability of the entity to continue as a going concern.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To the extent possible, a description of correction or plan of correction shall be incorporated in the audit report, describing the specific actions that are planned to be taken, or that have been taken, to correct the problem identified by the auditor. The descriptions of specific actions to be taken or that have been taken shall not solely consist of general comments such as “will implement,” “accepted the recommendation,” or “will discuss at a later
date.”
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Not later than December 15, a report of each local educational agency audit for the preceding fiscal year shall be filed with the county superintendent of schools of the county in which the local educational agency is located, the department, and the Controller. The Superintendent shall make any adjustments necessary in future apportionments of all state funds to correct any audit exceptions revealed by those audit reports.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The audit report referenced in paragraph (1) for the 2020–21 fiscal year shall instead be filed no later than January 31, 2022.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The extension for the audit report referenced in subdivision (m) of Sections 47605 and 47605.6 for the 2020–21 fiscal year shall instead be filed no later than January 31, 2022.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing with the 2002–03 audit of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall be responsible for reviewing the audit exceptions contained in an audit of a local educational agency under their jurisdiction related to attendance, inventory of equipment, internal control, and any miscellaneous items, and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing with the 2004–05 audit to the 2025–26, inclusive, audit, of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall include in the review of audit
exceptions performed pursuant to this subdivision those audit exceptions related to use of instructional materials program funds, teacher misassignments pursuant to Section 44258.9, and information reported on the school accountability report card required pursuant to Section 33126, and shall determine whether the exceptions are either corrected or an acceptable plan of correction has been developed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Commencing with the 2026–27 audit of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall include in the review of audit exceptions performed pursuant to this subdivision those audit exceptions related to use of instructional materials program funds and teacher misassignments pursuant to Section 44258.9, and shall determine whether the exceptions are either corrected or an
acceptable plan of correction has been developed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Upon submission of the final audit report to the governing board of each local educational agency and subsequent receipt of the audit by the county superintendent of schools having jurisdiction over the local educational agency, the county office of education shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Review audit exceptions related to attendance, inventory of equipment, internal control, and other miscellaneous exceptions. Attendance exceptions or issues shall include, but not be limited to, those related to local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, and independent study.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a description of the correction or plan of correction has not been provided as
part of the audit required by this section, the county superintendent of schools shall notify the local educational agency and request the governing board of the local educational agency to provide to the county superintendent of schools a description of the corrections or plan of correction by March 15.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In audit reports for the 2020–21 fiscal year, the description of the corrections or plan of correction referenced in subparagraph (A) shall instead be filed no later than April 15, 2022.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the county superintendent of schools shall require the local educational agency to resubmit that portion of its response that is inadequate.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each county superintendent of schools shall certify to the Superintendent and the Controller, not later than May 15, that the county superintendent of schools’ staff has reviewed all audits of local educational agencies under the county superintendent of schools’ jurisdiction for the prior fiscal year, that all exceptions that the county superintendent was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the local educational agency or that an acceptable plan of correction has been submitted to the county superintendent of schools. In addition, the county superintendent shall identify, by local educational agency, any attendance-related audit exception or exceptions involving state funds, and require the local educational agency to which the audit exceptions were directed to submit appropriate reporting forms for processing by the Superintendent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For audit reports for the 2020–21 fiscal year, the deadline for certification referenced in paragraph (1) shall instead be filed no later than June 15, 2022.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
In the audit of a local educational agency for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the local educational agency to determine if the exceptions have been resolved. If an exception has not been resolved, the auditor shall immediately notify the appropriate county office of education and the department and restate the exception in the audit report. After receiving that notification, the department shall either consult with the local educational agency to resolve the exception or require the county superintendent of schools to follow up with the local educational agency.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Superintendent is responsible for ensuring that local educational agencies have either corrected or developed plans of correction for any one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All federal and state compliance audit exceptions identified in the audit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Exceptions that the county superintendent of schools certifies as of May 15 have not been corrected.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Repeat audit exceptions that are not assigned to a county superintendent of schools to correct.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition, the Superintendent is responsible for ensuring that county superintendents of schools and each county board of education that serves as the governing board of a local educational agency either correct all audit exceptions identified in the audits of county superintendents
of schools and of the local educational agencies for which the county boards of education serve as the governing boards or develop acceptable plans of correction for those exceptions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Superintendent shall report annually to the Controller on the Superintendent’s actions to ensure that school districts, county superintendents of schools, and each county board of education that serves as the governing board of a school district have either corrected or developed plans of correction for any of the exceptions noted pursuant to paragraph (1).
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
To facilitate correction of the exceptions identified by the audits issued pursuant to this section, the Controller shall require auditors to categorize audit exceptions in each audit report in a manner that will make it clear to both the county superintendent of schools and the Superintendent which exceptions they are responsible for
ensuring the correction of by a local educational agency. In addition, the Controller annually shall select a sampling of county superintendents of schools, perform a followup of the audit resolution process of those county superintendents of schools, and report the results of that followup to the Superintendent and the county superintendents of schools that were reviewed.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
County superintendents of schools shall adjust subsequent local property tax requirements to correct audit exceptions relating to local educational agency tax rates and tax revenues.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
If a governing board or county superintendent of schools fails or is unable to make satisfactory arrangements for the audit pursuant to this section, the Controller shall make arrangements for the audit and the cost of the audit shall be paid from local educational agency funds or the county school service fund, as the case
may be.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
Audits of regional occupational centers and programs are subject to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
This section does not authorize examination of, or reports on, the curriculum used or provided for in any local educational agency.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
Notwithstanding any other law, a nonauditing, management, or other consulting service to be provided to a local educational agency by a certified public accounting firm while the certified public accounting firm is performing an audit of the agency pursuant to this section shall be in accord with Government Accounting Standards, Amendment No. 3, as published by the United States General Accounting Office.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0E1A0FA4-75CB-4A83-BCB1-BE4AF1054F20">
<ns0:Num>SEC. 16.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'24.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'41409.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 41409 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D8B33B5D-E7AB-42E9-B5B9-7FB4064EB1CF">
<ns0:Num>41409.</ns0:Num>
<ns0:LawSectionVersion id="id_ACEFD7B5-C251-4B2A-9E46-28657358C7CC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of administrative personnel, as that term is defined in accounts 1200, 1300, 1700, 1800, and 2200 in Part I of the California School Accounting Manual published by the department. For school districts using the Standardized Account Code Structure, the term salaries of administrative personnel are
defined in object accounts 1300 and 2300 in Part II of the California School Accounting Manual. The Superintendent also shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of teachers, as defined in account 1100 in Parts I and II of the California School Accounting Manual. The statewide averages shall be calculated for the following types and sizes of school districts:
</html:p>
<html:table id="id_463D6614-3FB4-4B14-9F47-F36297F00F71">
<html:colgroup>
<html:col width="256.0"/>
<html:col width="160.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td valign="bottom">
<html:p class="HeaderLeft" style="font-size:9pt; text-align:left; text-indent:0pt;">
<html:span class="EmSpace"/>
District
</html:p>
</html:td>
<html:td valign="bottom">
<html:p class="HeaderLeft" style="font-size:9pt; text-align:left; text-indent:0pt;">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
ADA
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Elementary
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">less than 1,000</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Elementary
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">1,000 to 4,999</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Elementary
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">5,000 and greater</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
High School
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">less than 1,000</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
High School
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">1,000 to 3,999</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
High School
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">4,000 and greater</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Unified
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">less than 1,500</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Unified
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">1,500 to 4,999</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Unified
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">5,000 to 9,999</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Unified
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">10,000 to 19,999</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Unified
<html:span class="EnSpace"/>
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">20,000 and greater</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(b)
<html:span class="EnSpace"/>
Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent shall determine the statewide average salary, by size and type of district, for the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Beginning, mid-range, and highest salary paid to teachers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Schoolsite principals.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
District superintendents.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7B1CC9CC-B9E0-4110-A966-014B766272F6">
<ns0:Num>SEC. 17.</ns0:Num>
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Section 41409.3 of the
<ns0:DocName>Education Code</ns0:DocName>
is repealed.
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</ns0:BillSection>
<ns0:BillSection id="id_A12D7AC3-F92F-4729-BA4F-0E3142102871">
<ns0:Num>SEC. 18.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'25.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'44258.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 44258.9 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F3212260-4C24-4BE3-AE7F-7EF39EF3C3B7">
<ns0:Num>44258.9.</ns0:Num>
<ns0:LawSectionVersion id="id_C6CBBC04-901B-41D5-8F2F-53E8E6C4B879">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
That continued monitoring of educator assignments by the commission and the county superintendents of schools and continued reporting of educator assignments by the department will help ensure that local educational agencies meet state and federal reporting requirements, including the requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of educator misassignments remains low.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That local educational agencies, state officials, pupils, and guardians have a vested interest in knowing and
understanding the capacity of local educational agencies to fill all available and funded teaching assignments with educators who are fully credentialed for the subjects and pupils they are teaching, and a vested interest in understanding the scope of the teacher shortage across the TK/K–12 educational system, including, but not limited to, those instances where vacancies cannot be filled, resulting in the use of substitutes, increases in class size, or cancellation of courses or classes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To support pupil access to credentialed and appropriately assigned educators, the commission and the department shall collaborate to publish annual data on educator credentialing and assignment, at the school, local educational agency, and state level. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission and the department shall collaborate to perform the duties specified in this section, with the commission executing the assignment monitoring process and the department facilitating the annual teaching assignment monitoring data production and publication.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The teaching assignment monitoring outcome data reporting shall be executed in a manner consistent with the statewide system of support and the school accountability system established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4, county office of education monitoring established pursuant to Article 2 (commencing with Section 1240) of Chapter 2 of Part 2 of Division 1 of Title 1, and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that
act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions and identifications apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“An instance of a teacher shortage” means an identification by the commission that a course or class assignment is not any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Permanently filled as of Census Day.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Filled by a fully credentialed teacher.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Filled by a teacher who is appropriately assigned.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A “fully credentialed teacher” means an individual who has completed a teacher preparation program, as defined in subdivision (e) of Section 44225.7, and who holds a valid preliminary or clear credential issued based upon
the completion of that teacher preparation program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An assignment is “permanently filled as of Census Day” if the educator serving as a teacher has been contracted as of Census Day to provide instruction for either the entire school year or for a one-semester course for the entire semester.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A teacher is “appropriately assigned” if the teacher holds a credential, permit, or waiver issued by the commission that contains an authorization to legally teach in the setting, in the subject area, and the pupil population associated with the assignment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“An unfilled position” shall be identified in each instance where a local educational agency has attempted to fill or is actively trying to fill an open and funded position, but is unable to do so.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“A vacant position” shall be identified in each instance where, as of Census Day, a course or class assignment has not been permanently filled by a single-designated certificated employee serving for either the entire school year or for a one-semester course for the entire semester. For purposes of identifying an instance of a teacher shortage pursuant to paragraph (3) of subdivision (h), a “vacant position” shall be limited to an employee serving as a teacher.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Assignment” means the placement of an individual in a teaching or services position. An “assignment” can be filled legally by an individual with a credential, permit, waiver, or any other document issued by the commission authorizing the assignment, or the individual may be otherwise authorized by statute.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Local educational agency” means a school district, county office of education, charter
school, or state special school.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Misassignment” means the placement of a certificated employee, including an individual hired on a contract, in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or
services position that the employee is not otherwise authorized by law to hold. For purposes of this section, in a charter school, “misassignment” shall apply only to employees in teaching positions.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Monitoring authority” means:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The county office of education for school districts in the county and programs operated by the county office of education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commission for a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the state special schools.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The chartering authority for a charter
school.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), in cases where a charter school operates under the authority of a school district in which the charter school is the sole schoolsite in the school district, the commission shall serve as the monitoring authority.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“System,” unless the context requires otherwise, means the California Statewide Assignment Accountability System, which is an electronic data system administered by the commission for monitoring educator assignments and vacant positions and uses department data collected pursuant to Sections 10600 and 60900 for its functioning.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission and the department shall enter into a data sharing agreement for the department to provide the commission with educator assignment data necessary to annually identify educator assignments, including assignments filled by
individuals on preliminary or clear credentials, intern credentials, permits or waivers, misassignments, and vacant positions at local educational agencies. The data sharing agreement shall also require the commission to make credential, permit, waiver, misassignment, vacant positions, and other relevant data available to the department to support reporting consistent with the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act (Public Law 114–95), or any other federal law that effectively replaces that act, and applicable state reporting requirements, including for the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The commission and the department may engage in a variety of activities designed to inform school administrators, teachers, and personnel within the county offices of
education of the regulations and statutes affecting the assignment of educators and how data on educator assignments is published and used. These activities may include, but shall not necessarily be limited to, the preparation of instructive brochures and the holding of regional workshops.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission shall annually use the data provided by the department pursuant to subdivision (c) to produce an initial data file of vacant positions and educator assignments that do not have a clear match of credential to assignment. The commission shall notify local educational agencies and monitoring authorities of the opportunity to access the system and review the initial data file of potential misassignments and vacant positions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local educational agency may do any of the following within 60 days of the commission’s notification pursuant to paragraph
(1):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Access and review the initial data file in the system to determine if each educator included in the initial data file is otherwise legally authorized for the assignment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Submit documentation or additional assignment information to the commission and monitoring authority showing that the educator is otherwise legally authorized for the assignment. This information may include the use of local assignment options outlined in any statute or regulation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Submit documentation to the commission and monitoring authority showing that a position identified in the initial data file as vacant was miscoded and that a legally authorized educator was assigned to the position.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Information submitted to the commission and monitoring authority pursuant
to paragraph (2) shall be submitted electronically through the system.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A monitoring authority shall access the system to review the initial data file and any documentation or additional information submitted by a local educational agency for which it is a monitoring authority and make a determination of potential misassignments and vacant positions within 90 days of the commission’s notification pursuant to paragraph (1).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The commission shall have the authority to make a final determination for all potential assignments and misassignments.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
After the 90-day review period pursuant to paragraph (4), the commission shall share all educator assignment data, including all preliminary and clear credentials, intern credentials, permits, waivers, misassignments, and vacant positions for that year, with the
department for the department’s teaching assignment monitoring outcomes report and other state and federal reporting requirements.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Once published, the commission shall post a link to the department’s teaching assignment monitoring outcomes reporting on its internet website, with resources for local educational agencies seeking to maintain a fully credentialed and appropriately assigned educator workforce.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Notwithstanding any other law, the commission, when identifying misassignments using the system, shall identify an educator in a teaching position, including an educator at a charter school, as correctly assigned only when the educator holds the certificate or credential required by the commission for that assignment in a noncharter public school, taking into account local assignment options.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Commencing
in the 2020–21 school year, a chartering authority, as provided in this section, may request technical assistance to assist in its determination of potential misassignments and vacant positions from the county office of education in the county in which the chartering authority is located.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
For a school district, the county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment and shall advise the school administrator to correct the assignment within 30 calendar days. For a charter school, the monitoring authority shall notify the charter school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment and shall advise the charter
school administrator to correct the assignment within 30 calendar days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The system and the data reported from the system shall not be used by a local educational agency for purposes of evaluating certificated employees, certificated employee performance determinations, or employment decisions.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If an employee, including an employee who is employed by a charter school, is required by a local educational agency to accept an assignment in a teaching or services position for which the employee has no legal authorization, all of the following shall occur:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
After exhausting existing local remedies, an employee of a school district shall notify the superintendent of the school district, and an employee of a charter school shall notify the administrator of the charter school, in writing,
of the illegal assignment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If no action is taken after the notice required pursuant to subparagraph (A), an employee of a school district shall notify the county superintendent of schools, and an employee of a charter school shall notify the chartering authority, in writing, of the illegal assignment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In the case of an assignment by a school district for which the employee has filed a notice that the employee has no legal authorization, the school district or county superintendent of schools shall advise the employee about the legality of the assignment within 15 working days. In the case of an assignment by a charter school for which the employee has filed a notice that the employee has no legal authorization, the administrator of the charter school or the chartering authority shall advise the employee about the legality of the assignment within 15 working days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local educational agency shall not take adverse action against an employee who files a notice of misassignment pursuant to paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding any other law, for purposes of a charter school authorized by the state board, the employee shall file the written notices regarding misassignment described in paragraph (1) with the commission.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
During the period of a misassignment, the certificated employee who files a written notice pursuant to subparagraph (B) of paragraph (1) shall be exempt from Section 45034.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If it is determined that a misassignment has occurred, a performance evaluation pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of the certificated employee in the misassignment shall be nullified.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A certificated employee who has not attained permanent status is subject to the protections described in this subdivision and subdivision (f) even if the certificated employee does not provide notice pursuant to paragraph (1).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For the 2019–20 school year, the final data file generated by the system to identify misassignments and vacant positions shall be nonconsequential and shall be provided to the department, local educational agencies, and monitoring authorities by the commission for informational purposes only.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Commencing with the 2020–21 school year, and each school year thereafter, following the 90-day review period provided for monitoring authorities pursuant to subdivision (e), the commission shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensure
local educational agencies have access to the results of the system’s process of assignment monitoring to support local continuous improvement efforts.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Publish annual certificated educator assignment data that reflects the level of preparation and licensure of educators serving California pupils. This data shall include comprehensive information on all educator assignments, including those filled by individuals on permits or waivers, intern credentials, and preliminary or clear credentials, and those appropriately assigned and misassigned, at the schoolsite, local educational agency, county, and state level. The commission may also publish data on educators serving on administrative and pupil services credentials, educator preparation pathways, and educator retention, and whether certificated staff are employed in K–12 education.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Identify
instances of a teacher shortage in each instance where, as of Census Day, a course or class assignment is permanently filled by an employee who is not fully credentialed or who is not appropriately assigned, as identified in clauses (i) to (vii), inclusive, below:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Individuals who are fully credentialed teachers and are serving outside their credential area based on holding a valid commission-issued permit authorizing the subject, setting, or pupil population being taught.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Individuals who are fully credentialed teachers and are serving outside of their credential area pursuant to a statute or Title 5 of the California Code Regulations that allows a local educational agency to otherwise legally assign the individual at the local level.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Individuals serving on a valid district or university intern
credential that authorizes the subject, setting, or pupil population being taught.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Individuals who are fully credentialed teachers but are teaching a subject, setting, or pupil population not authorized by their credential area, excluding assignments authorized by subdivision (b) of Section 80005 of Title 5 of the California Code of Regulations.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Individuals serving on the basis of a valid permit issued by the commission that authorizes the subject, setting, or pupil population being taught.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Individuals serving on a short-term or variable-term waiver document issued by the commission that authorizes the subject, setting, or pupil population being taught.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Individuals who are identified as misassigned by the commission, other than those
educators described in clause (iv).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify instances of a teacher shortage in each instance where, as of Census Day, a local educational agency identifies a vacant position or an unfilled position.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Support the department to do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Make annual educator assignment, misassignment, and vacant position data generated by the system publicly available in a searchable format on the department’s internet website. Data shall be updated annually and provide comprehensive information on teaching assignment outcomes inclusive of all educator classifications at the schoolsite, school district, and county level.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Ensure that data for charter schools is distinguishable from data for noncharter public schools when made publicly
available in a searchable format.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Maintain each year’s data for no less than five years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Ensure that the publicly available misassignment data reported from the system shall not include any personally identifiable information, including names, social security numbers, home addresses, telephone numbers, or email addresses of individual educators.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The commission may promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns educators and what sanctions, if any, to impose on that local educational agency.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before December 1, 2022, the commission shall report to the appropriate policy and fiscal committees of the Legislature on the
development of the system, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development and current status of the system.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The ability of the system to efficiently produce accurate annual data on teacher misassignments.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Statewide information regarding misassignments, delineated by credential type, assignment, and type of school.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Use of local assignment options, delineated by local assignment option and type of school.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any recommendations to improve the system and the local assignment monitoring process required by this section.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Identification of any need for further technical assistance for
local educational agencies, including chartering authorities, to improve assignment monitoring and reduce the overall rate of misassignment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pursuant to Section 10231.5 of the Government Code, the reporting requirement described in paragraph (1) shall be inoperative on December 1, 2026.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section shall not relieve a local educational agency from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “vacancy” for purposes of Section 35186.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not change existing rights or obligations, including, but not limited to, those specified in
Section 33315.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4F42940C-73E8-4DD8-B7D9-394286BD530D">
<ns0:Num>SEC. 19.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'26.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'47605.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 47605 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_583CFE46-5553-4289-9BBE-1C4C1F9A914B">
<ns0:Num>47605.</ns0:Num>
<ns0:LawSectionVersion id="id_BB62D4C9-1A3A-4227-B94A-72A84FABEFBF">
<ns0:Content>
<html:p>
(a)
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(1)
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Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
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(A)
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The petition is signed by a number of parents or legal guardians of pupils that is
equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation.
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(B)
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The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation.
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<html:p>
(2)
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A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
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<html:p>
(3)
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A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
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<html:p>
(4)
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After receiving approval of its petition, a charter school that proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and
criteria described in subdivision (c), they shall be a material revision to the charter school’s charter.
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<html:p>
(5)
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(A)
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A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following:
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<html:p>
(i)
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First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating.
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(ii)
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Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is
located.
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(B)
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If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to.
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(C)
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Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to
return to its original campus location in perpetuity.
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<html:p>
(D)
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(i)
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A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1.
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<html:p>
(ii)
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The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5.
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<html:p>
(E)
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The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its
petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.
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<html:p>
(6)
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Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that
school district.
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<html:p>
(b)
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No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed
certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings.
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<html:p>
(c)
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In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral
part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
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<html:p>
(1)
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The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
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<html:p>
(2)
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The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
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(3)
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The petition does not contain the number of signatures required by subdivision (a).
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(4)
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The petition does not contain an affirmation of each of the conditions described in subdivision (e).
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(5)
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The petition does not contain reasonably comprehensive descriptions of all of the following:
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<html:p>
(A)
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(i)
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The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling
pupils to become self-motivated, competent, and lifelong learners.
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<html:p>
(ii)
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The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
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<html:p>
(iii)
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If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools
and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements.
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<html:p>
(B)
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The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school.
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<html:p>
(C)
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The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on the California School Dashboard established pursuant to subdivision (f) of Section 52064.5
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<html:p>
(D)
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The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
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(E)
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The qualifications to be met by individuals to be employed by the charter school.
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(F)
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The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following:
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<html:p>
(i)
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That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
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<html:p>
(ii)
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The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3.
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(G)
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The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial
jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
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<html:p>
(H)
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Admission policies and procedures, consistent with subdivision (e).
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(I)
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The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.
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<html:p>
(J)
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The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following:
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<html:p>
(i)
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For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story.
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(ii)
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For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
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<html:p>
(I)
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Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights.
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(II)
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Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.
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<html:p>
(iii)
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Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a
homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights
holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
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(iv)
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A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
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(K)
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The manner by which staff
members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.
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<html:p>
(L)
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The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
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(M)
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The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
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<html:p>
(N)
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The procedures to be followed by the charter school and the chartering authority to resolve disputes relating to provisions of the charter.
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<html:p>
(O)
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The procedures to be used if the charter school closes. The procedures shall ensure a final audit of
the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
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(6)
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The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
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<html:p>
(7)
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The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors:
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<html:p>
(A)
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The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings.
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<html:p>
(B)
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Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate.
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<html:p>
(8)
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The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the
school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial.
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<html:p>
(d)
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(1)
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Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
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<html:p>
(2)
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Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school’s educational programs.
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<html:p>
(e)
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(1)
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In addition to any other requirement imposed
under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of that pupil’s parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
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<html:p>
(2)
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(A)
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A charter school shall admit all pupils who wish to attend the charter school.
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<html:p>
(B)
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If the number of pupils who wish to attend the charter
school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
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<html:p>
(i)
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Each type of preference shall be approved by the chartering authority at a public hearing.
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<html:p>
(ii)
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Preferences shall be consistent with federal law, the
California Constitution, and Section 200.
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<html:p>
(iii)
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Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
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<html:p>
(iv)
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In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
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<html:p>
(C)
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In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not take any action to impede the charter school from expanding enrollment to meet
pupil demand.
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<html:p>
(3)
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If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
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<html:p>
(4)
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(A)
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A
charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
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<html:p>
(B)
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A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment.
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<html:p>
(C)
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A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter
school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c).
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<html:p>
(D)
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The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times:
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<html:p>
(i)
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When a parent, guardian, or pupil inquires about enrollment.
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<html:p>
(ii)
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Before conducting an enrollment lottery.
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<html:p>
(iii)
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Before disenrollment of a pupil.
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<html:p>
(E)
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(i)
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A person who suspects that a charter school has violated this paragraph may file a complaint with the
chartering authority.
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<html:p>
(ii)
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The department shall develop a template to be used for filing complaints pursuant to clause (i).
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<html:p>
(5)
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Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
</html:p>
<html:p>
(f)
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The governing board of a school district shall not require an employee of the school district to be employed in a charter school.
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<html:p>
(g)
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The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school.
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<html:p>
(h)
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The governing
board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the
governing body of the charter school.
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<html:p>
(i)
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In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006.
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<html:p>
(j)
<html:span class="EnSpace"/>
Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit
the petition for the establishment of a charter school to the county board of education.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school district’s findings pursuant to paragraph (8) of subdivision (c).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
As used in this subdivision, “material terms” of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the county board of education denies a petition, the petitioner may appeal that denial to the state board.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The petitioner shall submit the petition to the state board within 30 days of a denial by the county
board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation
to the school district and the county board of education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school
district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The state board’s Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the
documentary record at a regular public meeting of the state board.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by both the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school
district or the county board of education in which the charter school is located as the chartering authority.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the chartering authority to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the
proposed site or sites where the charter school will operate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents
shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Commission on Teacher Credentialing shall include in the
bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (c), to its chartering authority, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering authority, and the department by December 15 of each year. This subdivision
does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5CC94F50-AB9C-4C98-BF14-AF0FA791AD03">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 47605.6 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_305EB64E-5093-4EC6-B3BB-F2EFDF11B08A">
<ns0:Num>47605.6.</ns0:Num>
<ns0:LawSectionVersion id="id_7E159266-9EB9-4E4D-920B-3B3427DCC9BF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant
to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed
at the school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An existing public school shall not be converted to a charter school in accordance with this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no
sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter school’s approved charter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider the level of support for the petition
by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. Following review of the petition and the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or
deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if it finds one or more of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The petition does not contain the number of signatures required by subdivision (a).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The petition does not contain an affirmation of each of the conditions described in subdivision (e).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The petition does not contain reasonably comprehensive descriptions of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in
that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the proposed charter school will enroll high school pupils, the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association
of Schools and Colleges may be considered to be transferable to other public high schools.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter school’s educational program. Pupil outcomes
shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on the California School Dashboard established pursuant to subdivision (f) of Section 52064.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The location of each charter school facility that the petitioner proposes to operate.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The qualifications to be met by individuals to be employed by the charter school.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
That the school safety plan be reviewed and updated by March 1 of every year by the charter school.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the county board of education to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the
chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The manner in which annual, independent financial audits shall be conducted, in accordance with regulations established by the state board, and the manner in which audit exceptions and deficiencies shall be resolved.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the
right to bring legal counsel or an advocate.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker.
The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The manner by which staff members of the charter school will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Admission policy and procedures,
consistent with subdivision (e).
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
The rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any other basis that the county board of education finds justifies the denial of the petition.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter school’s operations to be monitored by the third party and may prescribe
appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Charter schools shall on a regular basis consult with their parents and teachers regarding the charter school’s educational programs.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not
discriminate against any pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of the pupil’s parent or guardian, within this state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A charter school shall admit all pupils who wish to attend the charter school.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or
attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Each type of preference shall be approved by the chartering authority at a public hearing.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Preferences shall be consistent with federal law, the California Constitution, and Section 200.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or
reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days and shall, upon request, provide that school district with
a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A charter
school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if
the pupil is 18 years of age or older, a copy of this notice at all of the following times:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
When a parent, guardian, or pupil inquires about enrollment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Before conducting an enrollment lottery.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Before disenrollment of a pupil.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The department shall develop a template to be used for filing complaints pursuant to clause (i).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California
National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The county board of education shall not require an employee of the county or a school district to be employed in a charter school.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The county board of education shall not require a pupil enrolled in a county program to attend a charter school.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any
school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the
department under Section 54032, as that section read before July 19, 2006.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and the state board.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
If a county board of education denies a petition, the petitioner shall not elect to submit the petition for the establishment of the charter school to the state board.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to
periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make
this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_506B96D2-2F2E-4802-AFF3-16C7E98E35F0">
<ns0:Num>SEC. 21.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'26.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'47606.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 47606.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_04696628-046F-4BA7-AC09-6D04BA35D354">
<ns0:Num>47606.5.</ns0:Num>
<ns0:LawSectionVersion id="id_2BF675AF-802D-4131-AA4E-EE2D375DC8FC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before July 1, 2015, and each year thereafter, the governing body of a charter school shall hold a public hearing to adopt a local control and accountability plan using a template adopted by the state board. The governing body of a charter school shall update the goals and annual actions to achieve those goals identified in the charter petition pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, using the template for the local control and accountability plan and annual update to the local control and accountability plan adopted by the state board pursuant to Section 52064 and shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A review of the
progress toward the goals included in the charter, an assessment of the effectiveness of the specific actions described in the charter toward achieving the goals, and a description of changes to the specific actions the charter school will make as a result of the review and assessment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A listing and description of the expenditures for the fiscal year implementing the specific actions included in the charter as a result of the reviews and assessment required by paragraph (1).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of the review required by subdivision (a), a governing body of a charter school may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To the extent practicable, data reported
pursuant to this section shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The charter school shall consult with teachers, principals, administrators, other school personnel, parents, and pupils in developing the local control and accountability plan and annual update to the local control and accountability plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The governing body of a charter school shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures
proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing, and the local control and accountability plan or annual update to the local control and accountability plan shall be made available for public inspection at each site operated by the charter school.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The governing body of a charter school may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The governing body of a charter school may only adopt a revision to a
local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Pursuant to Section 47604.33, the charter school shall submit the adopted or revised local control and accountability plan pursuant to this section to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The charter school shall prominently post on the home page of the internet website of the charter school any local control and accountability plan adopted by the governing body of the charter school, and any updates, revisions, or addenda, including those to comply with federal law, to a local control and accountability plan approved by the governing body of the charter school.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_841E50E4-BF5D-4BF7-9909-D93FB320F784">
<ns0:Num>SEC. 22.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'28.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'51101.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 51101.1 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BD0BD2C6-E765-4750-A9FC-390A4FA272A9">
<ns0:Num>51101.1.</ns0:Num>
<ns0:LawSectionVersion id="id_B94D5612-B49B-430D-A740-520B1BFBC7BE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A parent or guardian’s lack of English fluency does not preclude a parent or guardian from exercising the rights guaranteed under this chapter. A school district shall take all reasonable steps to ensure that all parents and guardians of pupils who speak a language other than English are properly notified in English and in their home language, pursuant to Section 48985, of the rights and opportunities available to them pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Parents and guardians of English learners are entitled to participate in the education of their children pursuant to Section 51101 and as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To receive, pursuant to paragraph (5) of subdivision (a) of Section 51101, the results of their
child’s performance on standardized tests, including the English language development test.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To be given any required written notification, under any applicable law, in English and the pupil’s home language pursuant to Section 48985.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To participate in school and district advisory bodies in accordance with federal and state laws and regulations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To support their children’s advancement toward literacy. School personnel shall encourage parents and guardians of English learners to support their child’s progress toward literacy both in English and, to the extent possible, in the child’s home language. School districts are encouraged to make available, to the extent possible, surplus or undistributed instructional materials to parents and guardians, pursuant to subdivision (d) of Section 60510, in order to
facilitate parental involvement in their children’s education.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
To be informed, pursuant to Section 48985, about statewide and local academic standards, testing programs, accountability measures, and school improvement efforts.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A school with a substantial number of pupils with a home language other than English is encouraged to establish parent centers with personnel who can communicate with the parents and guardians of these children to encourage understanding of and participation in the educational programs in which their children are enrolled.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7774879D-0F33-43ED-80D0-44E7BF07DC5B">
<ns0:Num>SEC. 23.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'28.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'52062.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 52062 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_278CA8BC-34EF-4192-8036-82191DAB71B0">
<ns0:Num>52062.</ns0:Num>
<ns0:LawSectionVersion id="id_5C911A24-9E67-4324-AADB-F29FF8930DA7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The superintendent of the school district shall present the local control and accountability plan or annual update
to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local
control and accountability plan are provided consistent with Section 48985.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the
education of individuals with exceptional needs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A governing board of a school district shall adopt a local control and accountability plan or annual update to the local
control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_02371FA8-F62D-4624-BD65-D625EA73730E">
<ns0:Num>SEC. 24.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'28.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'52064.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 52064.1 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1CFDFB9D-EBE8-4A25-A7CE-1DBE86C6A450">
<ns0:Num>52064.1.</ns0:Num>
<ns0:LawSectionVersion id="id_A6E2B927-1651-4B51-B47F-52B1B365F149">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2019, and each year thereafter, each school district, county office of education, and charter school shall develop a summary document that shall be known as the local control funding formula budget overview for parents.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The local control funding formula budget overview for parents shall be developed in conjunction with, and attached as a cover to, the local control and accountability plan and annual update to the local control and accountability plan adopted by the governing board of a school district pursuant to Section 52062, by a county board of education pursuant to Section 52068, or by a charter school pursuant to Section 47606.5. The local control funding formula budget overview for parents, local
control and accountability plan, and annual update to the local control and accountability plan shall comprise a single document for purposes of the posting requirements described in Section 52065.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The local control funding formula budget overview for parents shall include all of the following information for the school district, county office of education, or charter school:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The total projected general fund revenue for the ensuing fiscal year and the subtotals for each of the following categories:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Funds apportioned under the local control funding formula pursuant to Section 2574 or 42238.02, as applicable.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Additionally and separately, for county offices of education, funds apportioned pursuant to subdivision
(c) of Section 2574.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Of the funds described in paragraph (1), the funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Section 2574 or 42238.02, as applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
All other state funds.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Additionally and separately, for county offices of education, funds apportioned pursuant to Section 2575.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
All local funds.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
All federal funds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The total projected general fund expenditures for the ensuing fiscal year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Additionally and separately, for county
offices of education, budgeted expenditures of funds apportioned pursuant to subdivision (c) of Section 2574.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Additionally and separately, for county offices of education, budgeted expenditures of funds apportioned pursuant to Section 2575.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The total budgeted expenditures for the ensuing fiscal year on the planned actions and services to meet the goals included in the local control and accountability plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Additionally and separately, for county offices of education, budgeted expenditures of finds apportioned pursuant to subdivision (c) of Section 2574 for the ensuing fiscal year on the planned actions and services to meet the goals included in the local control and accountability plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Additionally and
separately, for county offices of education, budgeted expenditures of funds apportioned pursuant to Section 2575.5 for the ensuing fiscal year on the planned actions and services to meet the goals included in the local control and accountability plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The total budgeted expenditures for the ensuing fiscal year on the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The total budgeted expenditures for the existing fiscal year on the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The estimated actual expenditures for the
existing fiscal year on the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A brief description of the activities or programs supported by any expenditures described in paragraph (2) that are not included in paragraph (3).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
To the extent there is any difference between the expenditures described in paragraph (4) and the revenue described in subparagraph (B) of paragraph (1), a brief description of how the actions and services included in the local control and accountability plan improve services for unduplicated pupils pursuant to Section 42238.07.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A brief description of how any difference between the expenditures described in paragraph (5) that are not included in
paragraph (6) impacted the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07, and the overall increased or improved services for unduplicated pupils pursuant to Section 42238.07.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
For county offices of education, a brief description of activities supported by the expenditures described in subparagraphs (B) and (C) of paragraph (2) that are not included in subparagraphs (B) and (C) of paragraph (3).
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The name and contact information for the school district, county office of education, or charter school.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The local control funding formula budget overview for parents shall be subject to all of the following requirements for adoption, review, and
approval of the local control and accountability plan and annual update to the local control and accountability plan:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a school district, Sections 52062, 52065, and 52070.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a county superintendent of schools, Sections 52065, 52068, and 52070.5.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a charter school, Section 47604.33 and subdivision (e) of Section 47606.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local control funding formula budget overview for parents filed by the governing board of a school district with a county superintendent of schools, or a local control
funding formula budget overview for parents filed by a county board of education with the Superintendent, shall be approved by the county superintendent of schools or the Superintendent, as applicable, if it adheres to the template adopted by the Superintendent pursuant to subdivision (e) and follows any instructions or directions for completing the template developed by the Superintendent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a county superintendent of schools or the Superintendent does not approve a local control funding formula budget overview for parents pursuant to subparagraph (A), the county superintendent of schools or the Superintendent shall withhold approval of the local control and accountability plan and annual update to the local control and accountability plan filed by the governing board of the school district or county board of education and shall provide technical assistance pursuant to subdivision (b) of Section 52071 or subdivision (b) of Section
52071.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The template for the local control funding formula budget overview for parents developed pursuant to subdivision (e) shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The information specified in subdivision (b) shall be displayed, to the greatest extent practicable, using visuals and graphics.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Superintendent, subject to approval by the executive director of the state board, shall develop a template for the local control funding formula budget overview for parents on or before December 31, 2018. In developing the template, the Superintendent shall not require school districts to provide any information in addition to the information required pursuant to subdivision (b) and shall establish reasonable word or character limits for the information required pursuant to subdivision
(b), as appropriate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Superintendent, subject to approval by the executive director of the state board, shall update the template for the local control funding formula budget overview for parents, on or before December 31, 2024, to reflect county office of education requirements pursuant to subdivision (b) imposed by Section 63 of Chapter 48 of the Statutes of 2023.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The development of the template for the local control funding formula budget overview for parents shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
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<ns0:Num>SEC. 25.</ns0:Num>
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Section 52068 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E22D9FFD-1549-4690-9A18-4D6EC468A9DD">
<ns0:Num>52068.</ns0:Num>
<ns0:LawSectionVersion id="id_44D51B5A-982F-4D18-AE8E-EFC80B626873">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The county superintendent of schools shall present the local control and accountability plan or annual update to the local
control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and
accountability plan are provided consistent with Section 48985.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the
education of individuals with exceptional needs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The county board of education shall adopt a local control and
accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.
</html:p>
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<ns0:BillSection id="id_A512B7A7-63FF-4C35-9CB2-9B60B7523B43">
<ns0:Num>SEC. 26.</ns0:Num>
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Section 56366 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_2F20A0C3-E37C-4800-ABF9-A26E0C3A1FDE">
<ns0:Num>56366.</ns0:Num>
<ns0:LawSectionVersion id="id_2A685E77-D1B8-436D-9646-B8BB470F9CEA">
<ns0:Content>
<html:p>It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special education service available to a local educational agency and parents.</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The master contract for nonpublic, nonsectarian school or agency services shall be developed in accordance with the following provisions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The master contract shall specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the nonpublic, nonsectarian school or agency and the local educational agency to provide the special education and designated instruction and services,
and transportation specified in each pupil’s individualized education program. The administrative provisions of the contract also shall include procedures for recordkeeping and documentation, and the maintenance of school records by the contracting local educational agency to ensure that appropriate high school graduation credit is received by each pupil. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The master contract shall include an individual services agreement for each pupil placed by a local educational agency that will be negotiated for the length of time for which nonpublic, nonsectarian school or agency special education and designated instruction and services are specified in the pupil’s individualized education program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The master contract
shall include a description of the process being used by the local educational agency to oversee and evaluate placements in nonpublic, nonsectarian schools, as required by federal law. This description shall include a method for evaluating whether each pupil is making appropriate educational progress. At least once every year, the local educational agency shall do all of the following and, to the extent possible, the following shall be conducted as part of the development and provision of an individualized education program:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Evaluate the educational progress of each pupil placed in a nonpublic, nonsectarian school, including all state assessment results pursuant to the requirements of Section 52052.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Consider whether or not the needs of the pupil continue to be best met at the nonpublic, nonsectarian school and whether changes to the individualized education program of the pupil are necessary, including whether the pupil may be transitioned to a public school setting. This consideration shall be made at the meeting required by subdivision (d) of Section 56343.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the case of a nonpublic, nonsectarian school that is owned, operated by, or associated with a licensed children’s institution, the master contract shall include a method for evaluating whether the nonpublic, nonsectarian school is in compliance with the mandate set forth in Section 56366.9 of this code and subdivision (b) of Section 1501.1 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Changes in educational instruction, services, or
placement provided under contract may only be made on the basis of revisions to a pupil’s individualized education program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At any time during the term of the contract or individual services agreement, the parent, the nonpublic, nonsectarian school or agency, or the local educational agency may request a review of a pupil’s individualized education program by the individualized education program team. Changes in the administrative or financial agreements of the master contract that do not alter the individual services agreement that outlines each pupil’s educational instruction, services, or placement may be made at any time during the term of the contract as mutually agreed by the nonpublic, nonsectarian school or agency and the local educational agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The master contract or individual services agreement may be terminated for cause. The cause shall not be the
availability of a public class initiated during the period of the contract unless the parent agrees to the transfer of the pupil to a public school program. To terminate the contract either party shall give 20 days’ notice.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The nonpublic, nonsectarian school or agency shall provide all services specified in an individualized education program, unless the nonpublic, nonsectarian school or agency and the local educational agency agree otherwise in the contract or individual services agreement.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Related services provided pursuant to a nonpublic, nonsectarian agency master contract shall only be provided during the period of a pupil’s regular or extended school year program, or both, unless otherwise specified by the pupil’s individualized education program.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The nonpublic, nonsectarian school or agency shall
report attendance of pupils receiving special education and designated instruction and services, as defined by Section 46307, for purposes of submitting a warrant for tuition to each contracting local educational agency.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A nonpublic, nonsectarian school is subject to the alternative accountability system developed pursuant to Section 52052 in the same manner as public schools and each pupil placed in the nonpublic, nonsectarian school by a local educational agency shall be tested by qualified staff of the nonpublic, nonsectarian school in accordance with that accountability program. The test results shall be reported by the nonpublic, nonsectarian school to the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Beginning with the 2006–07 school year testing cycle, each nonpublic, nonsectarian school shall determine its California Assessment of Student Performance and Progress period
subject to subdivisions (b) and (c) of Section 60640. The nonpublic, nonsectarian school shall determine this period based on completion of 85 percent of the instructional year at that nonpublic, nonsectarian school, plus and minus 10 days, resulting in a 21-day period. Each nonpublic, nonsectarian school shall notify the district of residence of a pupil enrolled in the school of its testing period. Staff at the nonpublic, nonsectarian school who administer the assessments shall attend the regular testing training sessions provided by the district of residence. If staff from a nonpublic, nonsectarian school have received training from one local educational agency, that training shall be sufficient for all local educational agencies that send pupils to the nonpublic, nonsectarian school. The district of residence shall order testing materials for its pupils that have been placed in the nonpublic, nonsectarian school. The board shall adopt regulations to facilitate the distribution of and collection of testing
materials.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
With respect to a nonpublic, nonsectarian school, the school shall prepare a school accountability report card in accordance with Section
33126, as that section read on December 31, 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The master contract or individual services agreement shall not include special education transportation provided through the use of services or equipment owned, leased, or contracted by a local educational agency for pupils enrolled in the nonpublic, nonsectarian school or agency unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Superintendent shall withhold 20 percent of the amount apportioned to a local educational agency for costs related to the provision of nonpublic, nonsectarian school or agency placements if the Superintendent finds that the local educational agency is in noncompliance with this subdivision. This amount shall be withheld from the apportionments in the fiscal year following the
Superintendent’s finding of noncompliance. The Superintendent shall take other appropriate actions to prevent noncompliant practices from occurring and report to the Legislature on those actions.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a pupil is enrolled in a nonpublic, nonsectarian school or agency with the approval of the local educational agency prior to agreement to a contract or individual services agreement, the local educational agency shall issue a warrant, upon submission of an attendance report and claim, for an amount equal to the number of creditable days of attendance at the per diem tuition rate agreed upon prior to the enrollment of the pupil. This provision shall be allowed for 90 days during which time the contract shall be consummated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If after 60 days the master contract or individual services agreement has not been finalized as prescribed in paragraph (1) of
subdivision (a), either party may appeal to the county superintendent of schools, if the county superintendent of schools is not participating in the local plan involved in the nonpublic, nonsectarian school or agency contract, or the Superintendent, if the county superintendent of schools is participating in the local plan involved in the contract, to negotiate the contract. Within 30 days of receipt of this appeal, the county superintendent of schools or the Superintendent, or their designee, shall mediate the formulation of a contract, which shall be binding upon both parties.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A master contract for special education and related services provided by a nonpublic, nonsectarian school or agency may not be authorized under this part, unless
the school or agency has been certified as meeting those standards relating to the required special education and specified related services and facilities for individuals with exceptional needs. The certification shall result in the nonpublic, nonsectarian school or agency receiving approval to educate pupils under this part for a period no longer than 18 months from the date of the initial approval.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
By September 30, 1998, the procedures, methods, and regulations for the purposes of contracting for nonpublic, nonsectarian school and agency services pursuant to this section and for reimbursement pursuant to Sections 56836.165 and 56836.20 shall be developed by the Superintendent in consultation with statewide organizations representing providers of special education and designated instruction and services. The regulations shall be established by rules and regulations issued by the board.
</html:p>
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<ns0:Num>SEC. 27.</ns0:Num>
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Section 60800 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_AA41B325-57C7-41BE-906D-9A38E29F360C">
<ns0:Num>60800.</ns0:Num>
<ns0:LawSectionVersion id="id_D26C4CBE-682C-4D6B-A89C-128522A7CDD7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
During the month of February, March, April, or May, the governing board of each school district maintaining any of grades 5, 7, and 9 shall administer to each pupil in those grades the physical performance test designated by the state board. Each pupil with a physical disability and each pupil who is physically unable to take all of the physical performance test shall be given as much of the test as their condition will permit.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon request of the department, a school district shall submit to the department, at least once every two years, the results of
its physical performance testing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Pupils shall be provided with their individual results after completing the physical performance testing. The test results may be provided orally as the pupil completes the testing.
</html:p>
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<ns0:BillSection id="id_5C78EADB-BE0B-4EBD-9063-5E38A4FD10BA">
<ns0:Num>SEC. 28.</ns0:Num>
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Section 60811.8 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_6794D9CD-B4D7-4AAA-BD58-1B7A07E3E426">
<ns0:Num>60811.8.</ns0:Num>
<ns0:LawSectionVersion id="id_29A990DD-CD1F-4A01-B3EB-9D31C612E8D7">
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<html:p>
(a)
<html:span class="EnSpace"/>
Commencing in the 2019–20 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following:
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<html:p>
(1)
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Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, “standard instructional program” means, at a minimum, core curriculum
courses of reading/language arts, mathematics, science, and history/social science, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion.
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<html:p>
(2)
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Enrollment in a full course load of courses that are part of the standard instructional program.
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<html:p>
(3)
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Enrollment in courses that are not part of a school’s standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupil’s classification as an English learner.
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<html:p>
(b)
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This
section shall not be construed to require a school to create supplemental courses in languages other than English.
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<html:p>
(c)
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For purposes of this section, “pupil” includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf.
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<html:p>
(d)
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(1)
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Provided that, pursuant to federal law, the pupil’s course of study is designed to remedy any academic deficits incurred during participation and that the pupil’s course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be
denied access to enrollment in a course described in paragraph (1) of subdivision (a):
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<html:p>
(A)
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(i)
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A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil.
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<html:p>
(ii)
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For purposes of clause (i), “newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code.
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<html:p>
(B)
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A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency.
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<html:p>
(2)
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This section shall not be construed to prohibit, restrict, or discourage the enrollment
of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a).
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<ns0:BillSection id="id_5E71F80A-54C8-44F5-833C-4FA89CDC4237">
<ns0:Num>SEC. 29.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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