33110. The Superintendent of Public Instruction may employ one
Deputy Superintendent of Public Instruction and necessary clerical
and expert assistants, and may fix the compensation of all statutory
and other employees as provided by law, except as otherwise provided.
33111. The Superintendent of Public Instruction shall execute,
under direction of the State Board of Education, the policies which
have been decided upon by the board and shall direct, under general
rules and regulations adopted by the State Board of Education, the
work of all appointees and employees of the board.
33112. The Superintendent of Public Instruction shall:
(a) Superintend the schools of this state.
(b) Prepare, have printed, and furnish to teachers and to all
officers charged with the administration of the laws relating to the
public schools the blank forms and books necessary to the discharge
of their duties, including blank teachers' certificates to be used by
county and city and county boards of education.
(c) Authenticate with his or her official seal all drafts or
orders drawn by him or her, and all papers and writings issued from
his or her office.
(d) Have bound, at the state bindery, all valuable school reports,
journals, and documents in his or her office, or received by him or
her.
(e) Deliver over, at the expiration of his or her term of office,
on demand, to his or her successor, all property, books, documents,
maps, records, reports, and other papers belonging to his or her
office, or which may have been received by him or her for the use of
his or her office.
(f) Designate and appoint, or terminate the designation and
appointment of, any officer or employee of the department to have the
powers and liabilities of a deputy, including designation pursuant
to Section 7.9 of the Government Code, which appointment and
termination of appointment shall be effective when filed in writing
in the office of the Secretary of State.
(g) Annually inform the governing boards of school districts, in a
manner prescribed by the superintendent, of the provisions of
Section 60510.5.
33113. The Superintendent of Public Instruction shall prescribe
regulations under which contracts, agreements, or arrangements may be
made with agencies of the federal government for funds, services,
commodities, or equipment to be made available to schools under the
jurisdiction of the State Board of Education and the Superintendent
of Public Instruction.
33114. All such contracts, agreements or arrangements shall be
entered into in accordance with regulations prescribed by the
Superintendent of Public Instruction and in no other manner.
33115. The Superintendent of Public Instruction may enter into an
agreement with the government of the United States or any agency
thereof relative to the establishment of courses of study in
aeronautics in the technical schools of the public school system,
except the California State University.
33116. The Director of Education may enter into agreements with any
agency of the federal government for the education of persons in the
service of the federal government in schools under the jurisdiction
of the Department of Education. All money received from an agency of
the federal government for the education of persons in any such
school is hereby appropriated for the support of such school in
addition to such other funds as may be appropriated therefor by the
Legislature.
33117. The Director of Education may enter into agreements with
agencies of the federal government, county superintendents of
schools, county boards of education, any school district, and state
college foundations or other auxiliary organizations, including those
established pursuant to Section 90000 for the performance of any
services for those agencies by any school under the jurisdiction of
the State Department of Education. All money received under any
agreement, except recovery of contributions to the Public Employees'
Retirement Fund, is hereby appropriated for the support of the school
in addition to other funds as may be appropriated therefor by the
Legislature.
33117.5. (a) Adult education programs and regional occupational
programs operated by school districts and county offices of education
that have contracted with the Superintendent of Public Instruction
pursuant to subdivision (b) shall provide services to welfare
recipients referred by county welfare departments in accordance with
subdivision (c) of Section 11322.8 and paragraph (3) of subdivision
(b) of Section 11325.22 of the Welfare and Institutions Code. These
services shall include an evaluation of the individual's educational
and training needs for purposes of subdivision (c) of Section 11322.8
and paragraph (3) of subdivision (b) of Section 11325.22 of the
Welfare and Institutions Code and the preparation of a related
education and training plan reflecting these needs. The plan shall
specify the educational and training services to be provided and the
length of time services are to be provided, and shall assure access
to those services.
(b) The Superintendent of Public Instruction shall identify school
districts or county offices of education that can best accommodate
welfare recipients for whom vocational education, adult education,
and English as a second language is specified in contracts required
by Sections 11321.4 and 11325.21 of the Welfare and Institutions
Code. The superintendent shall enter into contracts with each
consenting district or county office, where necessary, so that the
contracting district, independent regional occupation program, or
county office shall provide at least 10 weekly hours of open
entry-open exit skills training and education for welfare recipients
who need this training to enable counties to meet their goals for
plans developed pursuant to Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code. If a program is unable to provide at least 10
hours of instruction to these participants, even though funds are
available, the appropriate district or county office shall report to
the superintendent the reasons why sufficient hours of instruction
were not provided. The superintendent should provide technical
assistance to those districts or county offices to resolve the
problems that prohibit an adequate number of hours of instruction
from being offered.
(c) Allocations to the Superintendent of Public Instruction of
funds available under Section 202 (c)(1)(C) and Section 262(c)(1)(C)
of the federal Job Training Partnership Act shall be used for
purposes of this section to the extent the superintendent determines
necessary.
The Superintendent of Public Instruction shall allocate these
funds directly to service delivery areas for allocation to those
providers of educational and training services delivered in
accordance with this section. The Superintendent of Public
Instruction shall allocate to community college districts and the
Chancellor's Office of the California Community Colleges such funds
as are determined necessary pursuant to Section 71050. The
Superintendent of Public Instruction may allocate these funds to
service delivery areas which have agreements with private schools and
organizations to provide educational and training services under
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code. These funds shall
be allocated in accordance with the coordination criteria of the
coordination and special services plan as provided in Section 10524
of the Unemployment Insurance Code, and according to the priority
order of eligible persons for these funds as provided in Sections
15010 and 15011 of the Unemployment Insurance Code.
(d) As a condition for the funding of education and training
services to participants under Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code, as provided in subdivisions (a) to (c), inclusive,
education providers and county welfare departments shall discuss and
jointly certify that they agree upon the delivery of education and
training services for program participants.
33117.7. The Superintendent of Public Instruction shall use 30
percent of the funds available under Section 202(c)(1)(C) and Section
262(c)(1)(C) of the federal Job Training Partnership Act to support
the work-based learning component of a school-to-career program.
These funds shall be expended as authorized by the federal act and
shall be targeted for activities that create and support paid
internships in the private sector, with an emphasis on small
businesses, and paid work experience in the public sector or private
nonprofit sector, for youth.
33118. The Superintendent of Public Instruction shall, not later
than the 25th day of July in each year, prepare an estimate of the
amount of state school money that will be apportioned to each county
or city and county during the current school year, and furnish a
certified copy of the estimate to each county or city and county
superintendent of schools.
33119. Other than for persons in the state civil service, the
length of, and the time for, vacations of teachers, officers, and
employees of the schools for the deaf, the school for the blind, and
orientation centers for the blind shall be prescribed by the Director
of Education, except that the length of vacations for teachers at
orientation centers for the blind shall not exceed 30 days.
33120. The Director of Education may conduct experimental work in
education through various media, including radio and television.
33121. The Director of Education may develop audial and visual
curriculum materials, evolve means and methods, and prescribe
standards, for the use of such materials in the public elementary and
secondary schools.
33122. The Director of Education shall employ such persons as are
necessary for the coordination and the supervision of services for
hard-of-hearing children.
33123. The Director of Education may enter into an agreement with
any political entity mentioned in Section 44853 for the exchange and
employment of persons serving as teachers in schools under the
jurisdiction of the Department of Education and employees of public
schools of the political entity. The exchange and employment shall be
made under comparable circumstances, subject to comparable
conditions, with comparable effect as to tenure and retirement
rights, subject to comparable requirements as to payment of salary
and deductions therefrom, and for the same period of time as set
forth in Sections 44853, 44854, and 44855 with respect to the
exchange of school district employees, except that the circumstances,
conditions, rights, and requirements shall be those appropriate to
the employment relationship between the teachers and the Department
of Education.
33125. The Director of Education, subject to such conditions as the
State Board of Education may establish, may purchase annuity
contracts for the employees of the California School for the Deaf
provided for in Chapter 1 (commencing with Section 59000) of Part 32
of Division 4 of this title, the California School for the Blind
provided for in Chapter 2 (commencing with Section 59100) of Part 32
of Division 4 of this title, and the diagnostic schools for
neurologically handicapped children provided for in Chapter 3
(commencing with Section 59200) of Part 32 of Division 4 of this
title, and shall reduce the salary of any such employee for whom such
contract is purchased in the amount of the cost thereof; provided
that each of the following conditions are met:
(a) The annuity contract is under an annuity plan which meets the
requirements of subdivision (b) of Section 403 of the Internal
Revenue Code of 1954 of the United States.
(b) The employee makes application to the director for such
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of such annuities are satisfied.
33126. (a) The school accountability report card shall provide data
by which a parent can make meaningful comparisons between public
schools that will enable him or her to make informed decisions on the
school in which to enroll his or her children.
(b) The school accountability report card shall include, but is
not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the
standardized testing and reporting programs pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33.
(B) After the state develops a statewide assessment system
pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6
(commencing with Section 60800) of Part 33, pupil achievement by
grade level, as measured by the results of the statewide assessment.
(2) Progress toward reducing dropout rates, including the one-year
dropout rate listed in the California Basic Educational Data System
or a successor data system for the schoolsite over the most recent
three-year period, and the graduation rate, as defined by the state
board, over the most recent three-year period when available pursuant
to Section 52052.
(3) Estimated expenditures per pupil and types of services funded.
The assessment of estimated expenditures per pupil shall reflect the
actual salaries of personnel assigned to the schoolsite. The
assessment of estimated expenditures per pupil shall be reported in
total, shall be reported in subtotal by restricted and by
unrestricted source, and shall include a reporting of the average of
actual salaries paid to certificated instructional personnel at that
schoolsite.
(4) Progress toward reducing class sizes and teaching loads,
including the distribution of class sizes at the schoolsite by grade
level and the average class size, using the California Basic
Educational Data System or a successor data system information for
the most recent three-year period.
(5) The total number of the school's fully credentialed teachers,
the number of teachers relying upon emergency credentials, the number
of teachers working without credentials, any assignment of teachers
outside their subject areas of competence, misassignments, including
misassignments of teachers of English learners, and the number of
vacant teacher positions for the most recent three-year period.
(A) For purposes of this paragraph, "vacant teacher position"
means a position to which a single-designated certificated employee
has not been assigned at the beginning of the year for an entire year
or, if the position is for a one-semester course, a position of
which a single-designated certificated employee has not been assigned
at the beginning of a semester for an entire semester.
(B) For purposes of this paragraph, "misassignment" means the
placement of a certificated employee 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 statute to hold.
(6) (A) Quality and currency of textbooks and other instructional
materials, including whether textbooks and other materials meet state
standards and are adopted by the state board for kindergarten and
grades 1 to 8, inclusive, and adopted by the governing boards of
school districts for grades 9 to 12, inclusive, and the ratio of
textbooks per pupil and the year the textbooks were adopted.
(B) The availability of sufficient textbooks and other
instructional materials, as determined pursuant to Section 60119, for
each pupil, including English learners, in each of the areas
enumerated in clauses (i) to (iv), inclusive. If the governing board
determines, pursuant to Section 60119 that there are insufficient
textbooks or instructional materials, or both, it shall include
information for each school in which an insufficiency exists,
identifying the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area. The subject areas to be included are all of the
following:
(i) The core curriculum areas of reading/language arts,
mathematics, science, and history/social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive,
as appropriate.
(iv) Visual and performing arts.
(7) The availability of qualified personnel to provide counseling
and other pupil support services, including the ratio of academic
counselors per pupil.
(8) Safety, cleanliness, and adequacy of school facilities,
including any needed maintenance to ensure good repair as specified
in Section 17014, Section 17032.5, subdivision (a) of Section
17070.75, and subdivision (b) of Section 17089.
(9) The annual number of schooldays dedicated to staff development
for the most recent three-year period.
(10) Suspension and expulsion rates for the most recent three-year
period.
(11) For secondary schools, the percentage of graduates who have
passed course requirements for entrance to the University of
California and the California State University, including the course
requirements for high school graduation pursuant to Section 51225.3,
and the percentage of pupils enrolled in those courses, as reported
by the California Basic Educational Data System or any successor data
system.
(12) The number of advanced placement courses offered, by subject.
(13) The Academic Performance Index, including the disaggregation
of subgroups as set forth in Section 52052 and the decile rankings
and a comparison of schools.
(14) When available, the percentage of pupils, including the
disaggregation of subgroups, as set forth in Section 52052,
completing grade 12 who successfully complete the high school exit
examination, as set forth in Sections 60850 and 60851, as compared to
the percentage of pupils in the district and statewide completing
grade 12 who successfully complete the examination.
(15) Contact information pertaining to organized opportunities for
parental involvement.
(16) Career technical education data measures, including all of
the following:
(A) A list of programs offered by the school district in which
pupils at the school may participate and that are aligned to the
model curriculum standards adopted pursuant to Section 51226, and
program sequences offered by the school district. The list should
identify courses conducted by a regional occupational center or
program, and those conducted directly by the school district.
(B) A listing of the primary representative of the career
technical advisory committee of the school district and the
industries represented.
(C) The number of pupils participating in career technical
education.
(D) The percentage of pupils that complete a career technical
education program and earn a high school diploma.
(E) The percentage of career technical education courses that are
sequenced or articulated between a school and institutions of
postsecondary education.
(c) If the Commission on State Mandates finds a school district is
eligible for a reimbursement of costs incurred complying with this
section, the school district shall be reimbursed only if the
information provided in the school accountability report card is
accurate, as determined by the annual audit performed pursuant to
Section 41020. If the information is determined to be inaccurate, the
school district remains eligible for reimbursement if the
information is corrected by May 15.
(d) It is the intent of the Legislature that schools make a
concerted effort to notify parents of the purpose of the school
accountability report cards, as described in this section, and ensure
that all parents receive a copy of the report card; to ensure that
the report cards are easy to read and understandable by parents; to
ensure that local educational agencies with access to the Internet
make available current copies of the report cards through the
Internet; and to ensure that administrators and teachers are
available to answer any questions regarding the report cards.
33126.1. (a) The department shall develop and recommend for
adoption by the state board a standardized template intended to
simplify the process for completing the school accountability report
card and make the school accountability report card more meaningful
to the public.
(b) The standardized template shall include all of the following:
(1) Fields for the insertion of data and information by the
department and by local educational agencies.
(2) A field to report the determination of the sufficiency of
textbooks and instructional materials, pursuant to Section 60119.
(3) A summary statement of the condition of school facilities, as
required by Section 17014, Section 17032.5, subdivision (a) of
Section 17070.75, and subdivision (b) of Section 17089. The
department shall provide examples of summary statements of the
condition of school facilities that are acceptable and those that are
unacceptable.
(4) A description of data available on the DataQuest Internet Web
site of the department, including the Uniform Resource Locator for
that Internet Web site.
(5) A description of admission requirements for California's
public universities, including the Uniform Resource Locator for the
University of California Internet Web site providing information
about the courses offered by each school that are approved as meeting
those requirements.
(6) A statement concerning the availability of Internet access at
public libraries and other locations that are publicly accessible.
(c) When the template for a school is completed, it should enable
parents and guardians to compare the manner in which local schools
compare to other schools within that district as well as other
schools in the state.
(d) In conjunction with the development of the standardized
template, the department shall furnish standard definitions for
school conditions included in the school accountability report card.
The standard definitions shall comply with the following:
(1) Definitions shall be consistent with the definitions already
in place or under the development at the state level pursuant to
existing law.
(2) Definitions shall enable schools to furnish contextual or
comparative information to assist the public in understanding the
information in relation to the performance of other schools.
(3) Definitions shall specify the data for which the department
will be responsible for providing and the data and information for
which the local educational agencies will be responsible.
(e) By February 1, 2008, the department shall report to the
Legislature and the Governor on remaining data elements in the school
accountability report card and the feasibility of combining
elements, linking to other reporting of data elements, and other
possible alternatives for improving the usability and readability of
the school accountability report card. The report shall include a
survey of the conditions for which the department has valid and
reliable data at the state, district, or school level. The report
shall provide a timetable for the inclusion of conditions for which
standard definitions or valid and reliable data do not yet exist
through the department.
(f) The Superintendent shall recommend and the state board shall
appoint 13 members to serve on a broad-based advisory committee of
local administrators, educators, parents, and other knowledgeable
parties to develop definitions for the school conditions for which
standard definitions do not yet exist. The state board may designate
outside experts in performance measurements in support of activities
of the advisory board.
(g) The state board shall approve available definitions for
inclusion in the template as well as a timetable for the further
development of definitions and data collection procedures. Each year
the state board shall adopt the template for the current year's
school accountability report card. Definitions for all school
conditions shall be included in the template.
(h) The department annually shall post the completed and viewable
template on the Internet. The template shall be designed to allow
schools or districts to download the template from the Internet. The
template shall further be designed to allow local educational
agencies, including individual schools, to enter data into the school
accountability report card electronically, individualize the report
card, and further describe the data elements. The department shall
establish model guidelines and safeguards that may be used by school
districts with secured access only for those school officials
authorized to make modifications.
(i) The department shall maintain current Internet links with the
Internet Web sites of local educational agencies to provide parents
and the public with easy access to the school accountability report
cards maintained on the Internet. In order to ensure the currency of
these Internet links, local educational agencies that provide access
to school accountability report cards through the Internet shall
furnish current Uniform Resource Locators (URLs) for their Internet
Web sites to the department.
(j) A school or school district that chooses not to utilize the
standardized template adopted pursuant to this section shall report
the data for its school accountability report card in a manner that
is consistent with the definitions adopted pursuant to subdivision
(c).
(k) The department shall provide recommendations for changes to
the California Basic Educational Data System, or a successor data
system, and other data collection mechanisms to ensure that the
information will be preserved and available in the future.
(l) The department shall monitor the compliance of local
educational agencies with the requirements to prepare and to
distribute school accountability report cards, including, but not
limited to, the requirements contained in this section, subdivision
(c) of Section 35256, and Section 35258.
33126.15. (a) By July 1, 2006, the department shall develop, and
shall recommend for adoption by the State Board of Education, a
revision to the standardized template required pursuant to Section
33126.1.
(b) The revision to the standardized template recommended by the
department shall include a comparison of the actual unrestricted
funding per pupil allocated for the specific benefit of the school or
for the benefit of all schools in the district equally, compared to
the districtwide average and to the state average of the same
computation. The comparison shall include the percentage by which the
school is above or below the districtwide average and the state
average.
(c) The revision to the standardized template recommended by the
department shall include a field for reporting the actual restricted
funding, per pupil, allocated for the specific benefit of the school
or for the benefit of all schools in the district equally.
(d) The revision to the standardized template recommended by the
department shall include a comparison of the average of actual
salaries paid to certificated instructional personnel, compared to
the districtwide average and to the state average of the same
computation. This comparison shall include the percentage by which
the school is above or below the districtwide average and the state
average.
33126.2. (a) The Secretary for Education, as part of the study
conducted pursuant to Provision 2 of Item 0650-011-0001 of Section
2.00 of the Budget Act of 2000, shall review the data elements
provided by school districts via their school accountability report
cards to determine to what extent these data elements may be
incorporated into the Academic Performance Index, as established by
Section 52052. This review may include, but is not limited to, the
number of computers per pupil, quality and capacity of technology in
the classroom, postsecondary matriculation data, and disaggregation
of required data elements by subgroups. The Superintendent of Public
Instruction may also recommend additional data elements for inclusion
in the Academic Performance Index. Data elements may be incorporated
in the Academic Performance Index only after those elements have
been determined by the State Board of Education to be valid and
reliable for the purpose of measuring school performance, and only if
their inclusion would not be likely to result in a valid claim
against the state for reimbursement pursuant to Section 6 of Article
XIII B of the California Constitution.
(b) The Superintendent of Public Instruction shall additionally
review, and the State Board of Education shall consider, any
empirical research data that becomes available concerning barriers to
equal opportunities to succeed educationally for all California
pupils, regardless of socioeconomic background. Upon obtaining this
information, the board shall evaluate whether there is any need to
revise the school accountability report card.
33126.5. The State Allocation Board, in cooperation with the
Superintendent of Public Instruction, shall develop and maintain an
automated school facilities inventory that is capable of indicating
the statewide percentage of facility utilization and projecting
school facility needs five years in advance, in order to permit the
board to study alternative proposals for the allocation of funds for
new construction, maintenance, and rehabilitation.
33127. (a) The Superintendent of Public Instruction, the
Controller, and the Director of the Department of Finance shall
develop, on or before March 1, 1989, standards and criteria to be
reviewed and adopted by the State Board of Education, and to be used
by local educational agencies in the development of annual budgets
and the management of subsequent expenditures from that budget.
During the development of the standards and criteria, the
Superintendent of Public Instruction shall convene a committee
composed of representatives from school districts, county offices of
education, state agencies, the Legislature, and appropriate labor and
professional organizations. The committee may review and comment on
the proposal standards and criteria prior to their adoption. In
addition, the standards and criteria shall be used to monitor the
fiscal stability of local educational agencies as provided for in
Sections 1240.1, 1240.2, 1621, 1623, 33131, 42127, and 42127.1.
(b) The Superintendent of Public Instruction, the Controller, and
the Director of the Department of Finance shall update the standards
and criteria developed pursuant to subdivision (a) on or before
September 1, 2005. The updated standards and criteria shall be
reviewed and adopted pursuant to the procedure established by
subdivision (a) and are applicable to local educational agency
budgets commencing with the 2006-07 fiscal year and each fiscal year
thereafter.
(c) After September 1, 2005, to the extent necessary, any
revisions or updates to the standards and criteria shall be developed
by the Superintendent of Public Instruction, the Controller, and the
Director of the Department of Finance pursuant the procedures
established by subdivision (a). The revisions or updates shall
specify the fiscal year in which the revisions or updates are
applicable.
33128. (a) The standards and criteria to be adopted by the State
Board of Education pursuant to Section 33127 shall include, but not
be limited to, comparisons and reviews, including appropriate methods
of projection, of all of the following:
(1) Average daily attendance.
(2) Revenues and expenditures.
(3) Reserves and fund balance.
(4) Multiyear commitments, including cost-of-living adjustments.
(b) In addition to the requirements of subdivision (a), the
standards and criteria to be adopted by the State Board of Education
pursuant to Section 33127 shall include, but not be limited to, all
of the following:
(1) Clear definitions and guidelines for positive, qualified, and
negative interim financial certifications pursuant to Sections 42130
and 42131.
(2) District financial health indicators to provide a
comprehensive review and assessment of the financial condition of
districts and to help identify districts that are developing
financial problems before the problems become severe. The indicators
shall take into account issues including, but not limited to, all of
the following:
(A) Increasing or decreasing balances available for general
purposes and general purpose reserve size relative to the standard
for the district.
(B) Long-term commitments for rates of increase in significant
cost centers that are more or less than current revenue growth rate
projections, including the projected cost change of the workforce
taking into account the progression of newer hires and existing staff
through the salary schedule and likely turnover, and all
compensation for the superintendent of the school district and
executive positions reporting directly to the superintendent of the
school district.
(C) Use of one-time revenues for ongoing costs.
(D) Use of ongoing revenues for one-time costs.
(E) Appropriate recognition and amortization of future commitments
including any district-created benefit program.
(F) Facilities maintenance funding adequate to preserve
functionality of facilities for their normal life.
33128.1. Notwithstanding any other law, a local educational agency
may recognize for budgetary and financial reporting purposes any
amount of state appropriations deferred from the current fiscal year
and appropriated from the subsequent fiscal year for payment of
current year costs as a receivable in the current year.
33128.2. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128 or any
other law, for the 2002-03 fiscal year only, a local educational
agency may use for purposes determined by its governing body up to 50
percent of its reserves for economic uncertainties and up to 50
percent of the balances, as of July 1, 2002, of restricted accounts
in its General Fund, excluding restricted reserves committed for
capital outlay, bond funds, sinking funds, and federal funds, in
order to provide local budgeting flexibility as a result of midyear
budget reductions for the 2002-03 fiscal year that are enacted by the
Legislature after January 2003.
(b) A local educational agency may not, pursuant to paragraph (a),
use the combined budgetary reserves in excess of its total midyear
budget reductions for the 2002-03 fiscal year.
(c) It is the intent of the Legislature that a local educational
agency use the flexibility provided in subdivision (a) to the extent
midyear budget reductions for the 2002-03 fiscal year occur in the
following programs:
(1) The Peer Assistance and Review Program.
(2) Supplemental instruction and remedial programs.
(3) One-time funding for the Instructional Materials Funding
Realignment Program.
(d) It is further the intent of the Legislature that a local
educational agency make every effort to maintain a prudent
expenditure plan that ensures its solvency for the 2002-03 fiscal
year and in subsequent fiscal years.
33128.3. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128, for
the 2009-10 fiscal year, the minimum state requirement for a reserve
for economic uncertainties is one-third of the percentage for a
reserve adopted by the state board pursuant to Section 33128 as of
May 1, 2009.
(b) The school district shall make progress, in the 2010-11 fiscal
year, toward returning to compliance with the standards and criteria
adopted pursuant to paragraph (3) of subdivision (a) of Section
33128.
(c) For the 2011-12 fiscal year, the minimum state requirement for
a reserve for economic uncertainties shall be restored to the
percentage adopted by the state board pursuant to Section 33128 as of
May 1, 2009.
(d) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
33128.5. Notwithstanding any other provision of law, a county
unified school district with fewer than 3,000 units of average daily
attendance may use up to 30 percent of its budget reserve to pay for
utility costs, including propane, fuel, and electricity costs, in
each of the 2000-01 and 2001-02 fiscal years, and shall not for that
reason receive a "qualified" or "negative" financial certification by
the State Department of Education for three fiscal years after using
that amount of its budget reserve to pay for utility costs if the
use of that amount results in available reserves falling below 3
percent of its budget reserve.
33129. Notwithstanding any provision of law to the contrary,
beginning with the first fiscal year following the adoption by the
State Board of Education of standards and criteria developed pursuant
to Section 33127, local educational agencies shall use the standards
and criteria in developing their budgets and managing their
expenditures.
33131. The standards and criteria for fiscal accountability
referred to in Section 33127 shall not be subject to Sections 11340
to 11356, inclusive, of the Government Code. However, any standards
and criteria adopted by the State Board of Education pursuant to
Section 33127 shall be codified and published in Title 5 of the
California Code of Regulations.
33132. (a) Notwithstanding Section 51877, the Superintendent of
Public Instruction shall award educational technology competitive
grants under this code with respect to each of the following
categories based on a school district's regular average daily
attendance:
(1) 1,000 and below.
(2) 1,001 to 2,500.
(3) 2,501 to 5,000.
(4) 5,001 to 15,000.
(5) 15,001 to 60,000.
(6) 60,001 and above.
(b) Notwithstanding Section 51877, the Superintendent of Public
Instruction shall award educational technology competitive grants
under this code with respect to each of the following two categories
based on a county office of education's regular average daily
attendance:
(1) 1,000 and below.
(2) 1,001 and above.
(c) The Superintendent shall use the prior year's second principal
regular average daily attendance to determine the category in which
a school district or county office of education shall be placed.
(d) Program grant funds shall be allocated for each category in
subdivisions (a) and (b) in the following proportion:
(1) Compute the average daily attendance determined pursuant to
subdivision (c) for the school districts or county offices of
education in the category.
(2) Divide the aggregate sum determined pursuant to paragraph (1)
by the total statewide regular average daily attendance reported for
the second principal apportionment for the prior fiscal year.
(e) The applicants within each category shall be evaluated and
scored as otherwise required by the grant program.
(f) This section is applicable only to educational technology
grants awarded on or after January 1, 1997.
33133. (a) The Superintendent of Public Instruction shall develop
information, and submit this information to the State Board of
Education for its approval. This information shall be for
distribution to school districts and, to the extent feasible, for
posting on the State Department of Education Internet website, to
strengthen and promote the opportunity for quality involvement by
parents and guardians in schoolsite councils whose composition meets
the requirements of Section 52012. In developing the information, the
Superintendent of Public Instruction may use documents currently
available from nonprofit organizations, such as Ed Source and the
California Parent Teacher Association, or state and local government
agencies.
(b) The information shall be provided to each school district and
county office of education and may be made available for parents and
guardians who are members of schoolsite councils whose composition
meets the requirements of Section 52012 and shall cover at least the
following topics:
(1) Operation of schoolsite advisory bodies, including bylaws,
group responsibilities, and roles.
(2) Public meeting notice requirements.
(3) Information about the total budget of a school district and
how funds are distributed to schoolsite advisory bodies, including,
but not limited to, the amount of funds distributed to schoolsites.
(4) Information about the school district and state standards of
expected pupil achievement in core academic subjects for each grade
level.
(5) Instruction on how to interpret data from the pupil
performance measures selected by the school district.
(6) A definition of "significant gains made by pupils" toward
meeting the standards of expected pupil achievement.
(7) Research-based information about curriculum and teaching
strategies that will improve pupil performance.
(8) The right to information under the Public Records Act set
forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.
(9) Information regarding the educational and training needs for
pupils, as identified and expressed by local employers, former pupils
of the school district, and postsecondary education institutions.
(c) In addition to the composition set forth in Section 52012, a
schoolsite council at the middle school level may, but is not
required to, include pupil representation.
33110. The Superintendent of Public Instruction may employ one
Deputy Superintendent of Public Instruction and necessary clerical
and expert assistants, and may fix the compensation of all statutory
and other employees as provided by law, except as otherwise provided.
33111. The Superintendent of Public Instruction shall execute,
under direction of the State Board of Education, the policies which
have been decided upon by the board and shall direct, under general
rules and regulations adopted by the State Board of Education, the
work of all appointees and employees of the board.
33112. The Superintendent of Public Instruction shall:
(a) Superintend the schools of this state.
(b) Prepare, have printed, and furnish to teachers and to all
officers charged with the administration of the laws relating to the
public schools the blank forms and books necessary to the discharge
of their duties, including blank teachers' certificates to be used by
county and city and county boards of education.
(c) Authenticate with his or her official seal all drafts or
orders drawn by him or her, and all papers and writings issued from
his or her office.
(d) Have bound, at the state bindery, all valuable school reports,
journals, and documents in his or her office, or received by him or
her.
(e) Deliver over, at the expiration of his or her term of office,
on demand, to his or her successor, all property, books, documents,
maps, records, reports, and other papers belonging to his or her
office, or which may have been received by him or her for the use of
his or her office.
(f) Designate and appoint, or terminate the designation and
appointment of, any officer or employee of the department to have the
powers and liabilities of a deputy, including designation pursuant
to Section 7.9 of the Government Code, which appointment and
termination of appointment shall be effective when filed in writing
in the office of the Secretary of State.
(g) Annually inform the governing boards of school districts, in a
manner prescribed by the superintendent, of the provisions of
Section 60510.5.
33113. The Superintendent of Public Instruction shall prescribe
regulations under which contracts, agreements, or arrangements may be
made with agencies of the federal government for funds, services,
commodities, or equipment to be made available to schools under the
jurisdiction of the State Board of Education and the Superintendent
of Public Instruction.
33114. All such contracts, agreements or arrangements shall be
entered into in accordance with regulations prescribed by the
Superintendent of Public Instruction and in no other manner.
33115. The Superintendent of Public Instruction may enter into an
agreement with the government of the United States or any agency
thereof relative to the establishment of courses of study in
aeronautics in the technical schools of the public school system,
except the California State University.
33116. The Director of Education may enter into agreements with any
agency of the federal government for the education of persons in the
service of the federal government in schools under the jurisdiction
of the Department of Education. All money received from an agency of
the federal government for the education of persons in any such
school is hereby appropriated for the support of such school in
addition to such other funds as may be appropriated therefor by the
Legislature.
33117. The Director of Education may enter into agreements with
agencies of the federal government, county superintendents of
schools, county boards of education, any school district, and state
college foundations or other auxiliary organizations, including those
established pursuant to Section 90000 for the performance of any
services for those agencies by any school under the jurisdiction of
the State Department of Education. All money received under any
agreement, except recovery of contributions to the Public Employees'
Retirement Fund, is hereby appropriated for the support of the school
in addition to other funds as may be appropriated therefor by the
Legislature.
33117.5. (a) Adult education programs and regional occupational
programs operated by school districts and county offices of education
that have contracted with the Superintendent of Public Instruction
pursuant to subdivision (b) shall provide services to welfare
recipients referred by county welfare departments in accordance with
subdivision (c) of Section 11322.8 and paragraph (3) of subdivision
(b) of Section 11325.22 of the Welfare and Institutions Code. These
services shall include an evaluation of the individual's educational
and training needs for purposes of subdivision (c) of Section 11322.8
and paragraph (3) of subdivision (b) of Section 11325.22 of the
Welfare and Institutions Code and the preparation of a related
education and training plan reflecting these needs. The plan shall
specify the educational and training services to be provided and the
length of time services are to be provided, and shall assure access
to those services.
(b) The Superintendent of Public Instruction shall identify school
districts or county offices of education that can best accommodate
welfare recipients for whom vocational education, adult education,
and English as a second language is specified in contracts required
by Sections 11321.4 and 11325.21 of the Welfare and Institutions
Code. The superintendent shall enter into contracts with each
consenting district or county office, where necessary, so that the
contracting district, independent regional occupation program, or
county office shall provide at least 10 weekly hours of open
entry-open exit skills training and education for welfare recipients
who need this training to enable counties to meet their goals for
plans developed pursuant to Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code. If a program is unable to provide at least 10
hours of instruction to these participants, even though funds are
available, the appropriate district or county office shall report to
the superintendent the reasons why sufficient hours of instruction
were not provided. The superintendent should provide technical
assistance to those districts or county offices to resolve the
problems that prohibit an adequate number of hours of instruction
from being offered.
(c) Allocations to the Superintendent of Public Instruction of
funds available under Section 202 (c)(1)(C) and Section 262(c)(1)(C)
of the federal Job Training Partnership Act shall be used for
purposes of this section to the extent the superintendent determines
necessary.
The Superintendent of Public Instruction shall allocate these
funds directly to service delivery areas for allocation to those
providers of educational and training services delivered in
accordance with this section. The Superintendent of Public
Instruction shall allocate to community college districts and the
Chancellor's Office of the California Community Colleges such funds
as are determined necessary pursuant to Section 71050. The
Superintendent of Public Instruction may allocate these funds to
service delivery areas which have agreements with private schools and
organizations to provide educational and training services under
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code. These funds shall
be allocated in accordance with the coordination criteria of the
coordination and special services plan as provided in Section 10524
of the Unemployment Insurance Code, and according to the priority
order of eligible persons for these funds as provided in Sections
15010 and 15011 of the Unemployment Insurance Code.
(d) As a condition for the funding of education and training
services to participants under Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code, as provided in subdivisions (a) to (c), inclusive,
education providers and county welfare departments shall discuss and
jointly certify that they agree upon the delivery of education and
training services for program participants.
33117.7. The Superintendent of Public Instruction shall use 30
percent of the funds available under Section 202(c)(1)(C) and Section
262(c)(1)(C) of the federal Job Training Partnership Act to support
the work-based learning component of a school-to-career program.
These funds shall be expended as authorized by the federal act and
shall be targeted for activities that create and support paid
internships in the private sector, with an emphasis on small
businesses, and paid work experience in the public sector or private
nonprofit sector, for youth.
33118. The Superintendent of Public Instruction shall, not later
than the 25th day of July in each year, prepare an estimate of the
amount of state school money that will be apportioned to each county
or city and county during the current school year, and furnish a
certified copy of the estimate to each county or city and county
superintendent of schools.
33119. Other than for persons in the state civil service, the
length of, and the time for, vacations of teachers, officers, and
employees of the schools for the deaf, the school for the blind, and
orientation centers for the blind shall be prescribed by the Director
of Education, except that the length of vacations for teachers at
orientation centers for the blind shall not exceed 30 days.
33120. The Director of Education may conduct experimental work in
education through various media, including radio and television.
33121. The Director of Education may develop audial and visual
curriculum materials, evolve means and methods, and prescribe
standards, for the use of such materials in the public elementary and
secondary schools.
33122. The Director of Education shall employ such persons as are
necessary for the coordination and the supervision of services for
hard-of-hearing children.
33123. The Director of Education may enter into an agreement with
any political entity mentioned in Section 44853 for the exchange and
employment of persons serving as teachers in schools under the
jurisdiction of the Department of Education and employees of public
schools of the political entity. The exchange and employment shall be
made under comparable circumstances, subject to comparable
conditions, with comparable effect as to tenure and retirement
rights, subject to comparable requirements as to payment of salary
and deductions therefrom, and for the same period of time as set
forth in Sections 44853, 44854, and 44855 with respect to the
exchange of school district employees, except that the circumstances,
conditions, rights, and requirements shall be those appropriate to
the employment relationship between the teachers and the Department
of Education.
33125. The Director of Education, subject to such conditions as the
State Board of Education may establish, may purchase annuity
contracts for the employees of the California School for the Deaf
provided for in Chapter 1 (commencing with Section 59000) of Part 32
of Division 4 of this title, the California School for the Blind
provided for in Chapter 2 (commencing with Section 59100) of Part 32
of Division 4 of this title, and the diagnostic schools for
neurologically handicapped children provided for in Chapter 3
(commencing with Section 59200) of Part 32 of Division 4 of this
title, and shall reduce the salary of any such employee for whom such
contract is purchased in the amount of the cost thereof; provided
that each of the following conditions are met:
(a) The annuity contract is under an annuity plan which meets the
requirements of subdivision (b) of Section 403 of the Internal
Revenue Code of 1954 of the United States.
(b) The employee makes application to the director for such
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of such annuities are satisfied.
33126. (a) The school accountability report card shall provide data
by which a parent can make meaningful comparisons between public
schools that will enable him or her to make informed decisions on the
school in which to enroll his or her children.
(b) The school accountability report card shall include, but is
not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the
standardized testing and reporting programs pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33.
(B) After the state develops a statewide assessment system
pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6
(commencing with Section 60800) of Part 33, pupil achievement by
grade level, as measured by the results of the statewide assessment.
(2) Progress toward reducing dropout rates, including the one-year
dropout rate listed in the California Basic Educational Data System
or a successor data system for the schoolsite over the most recent
three-year period, and the graduation rate, as defined by the state
board, over the most recent three-year period when available pursuant
to Section 52052.
(3) Estimated expenditures per pupil and types of services funded.
The assessment of estimated expenditures per pupil shall reflect the
actual salaries of personnel assigned to the schoolsite. The
assessment of estimated expenditures per pupil shall be reported in
total, shall be reported in subtotal by restricted and by
unrestricted source, and shall include a reporting of the average of
actual salaries paid to certificated instructional personnel at that
schoolsite.
(4) Progress toward reducing class sizes and teaching loads,
including the distribution of class sizes at the schoolsite by grade
level and the average class size, using the California Basic
Educational Data System or a successor data system information for
the most recent three-year period.
(5) The total number of the school's fully credentialed teachers,
the number of teachers relying upon emergency credentials, the number
of teachers working without credentials, any assignment of teachers
outside their subject areas of competence, misassignments, including
misassignments of teachers of English learners, and the number of
vacant teacher positions for the most recent three-year period.
(A) For purposes of this paragraph, "vacant teacher position"
means a position to which a single-designated certificated employee
has not been assigned at the beginning of the year for an entire year
or, if the position is for a one-semester course, a position of
which a single-designated certificated employee has not been assigned
at the beginning of a semester for an entire semester.
(B) For purposes of this paragraph, "misassignment" means the
placement of a certificated employee 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 statute to hold.
(6) (A) Quality and currency of textbooks and other instructional
materials, including whether textbooks and other materials meet state
standards and are adopted by the state board for kindergarten and
grades 1 to 8, inclusive, and adopted by the governing boards of
school districts for grades 9 to 12, inclusive, and the ratio of
textbooks per pupil and the year the textbooks were adopted.
(B) The availability of sufficient textbooks and other
instructional materials, as determined pursuant to Section 60119, for
each pupil, including English learners, in each of the areas
enumerated in clauses (i) to (iv), inclusive. If the governing board
determines, pursuant to Section 60119 that there are insufficient
textbooks or instructional materials, or both, it shall include
information for each school in which an insufficiency exists,
identifying the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area. The subject areas to be included are all of the
following:
(i) The core curriculum areas of reading/language arts,
mathematics, science, and history/social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive,
as appropriate.
(iv) Visual and performing arts.
(7) The availability of qualified personnel to provide counseling
and other pupil support services, including the ratio of academic
counselors per pupil.
(8) Safety, cleanliness, and adequacy of school facilities,
including any needed maintenance to ensure good repair as specified
in Section 17014, Section 17032.5, subdivision (a) of Section
17070.75, and subdivision (b) of Section 17089.
(9) The annual number of schooldays dedicated to staff development
for the most recent three-year period.
(10) Suspension and expulsion rates for the most recent three-year
period.
(11) For secondary schools, the percentage of graduates who have
passed course requirements for entrance to the University of
California and the California State University, including the course
requirements for high school graduation pursuant to Section 51225.3,
and the percentage of pupils enrolled in those courses, as reported
by the California Basic Educational Data System or any successor data
system.
(12) The number of advanced placement courses offered, by subject.
(13) The Academic Performance Index, including the disaggregation
of subgroups as set forth in Section 52052 and the decile rankings
and a comparison of schools.
(14) When available, the percentage of pupils, including the
disaggregation of subgroups, as set forth in Section 52052,
completing grade 12 who successfully complete the high school exit
examination, as set forth in Sections 60850 and 60851, as compared to
the percentage of pupils in the district and statewide completing
grade 12 who successfully complete the examination.
(15) Contact information pertaining to organized opportunities for
parental involvement.
(16) Career technical education data measures, including all of
the following:
(A) A list of programs offered by the school district in which
pupils at the school may participate and that are aligned to the
model curriculum standards adopted pursuant to Section 51226, and
program sequences offered by the school district. The list should
identify courses conducted by a regional occupational center or
program, and those conducted directly by the school district.
(B) A listing of the primary representative of the career
technical advisory committee of the school district and the
industries represented.
(C) The number of pupils participating in career technical
education.
(D) The percentage of pupils that complete a career technical
education program and earn a high school diploma.
(E) The percentage of career technical education courses that are
sequenced or articulated between a school and institutions of
postsecondary education.
(c) If the Commission on State Mandates finds a school district is
eligible for a reimbursement of costs incurred complying with this
section, the school district shall be reimbursed only if the
information provided in the school accountability report card is
accurate, as determined by the annual audit performed pursuant to
Section 41020. If the information is determined to be inaccurate, the
school district remains eligible for reimbursement if the
information is corrected by May 15.
(d) It is the intent of the Legislature that schools make a
concerted effort to notify parents of the purpose of the school
accountability report cards, as described in this section, and ensure
that all parents receive a copy of the report card; to ensure that
the report cards are easy to read and understandable by parents; to
ensure that local educational agencies with access to the Internet
make available current copies of the report cards through the
Internet; and to ensure that administrators and teachers are
available to answer any questions regarding the report cards.
33126.1. (a) The department shall develop and recommend for
adoption by the state board a standardized template intended to
simplify the process for completing the school accountability report
card and make the school accountability report card more meaningful
to the public.
(b) The standardized template shall include all of the following:
(1) Fields for the insertion of data and information by the
department and by local educational agencies.
(2) A field to report the determination of the sufficiency of
textbooks and instructional materials, pursuant to Section 60119.
(3) A summary statement of the condition of school facilities, as
required by Section 17014, Section 17032.5, subdivision (a) of
Section 17070.75, and subdivision (b) of Section 17089. The
department shall provide examples of summary statements of the
condition of school facilities that are acceptable and those that are
unacceptable.
(4) A description of data available on the DataQuest Internet Web
site of the department, including the Uniform Resource Locator for
that Internet Web site.
(5) A description of admission requirements for California's
public universities, including the Uniform Resource Locator for the
University of California Internet Web site providing information
about the courses offered by each school that are approved as meeting
those requirements.
(6) A statement concerning the availability of Internet access at
public libraries and other locations that are publicly accessible.
(c) When the template for a school is completed, it should enable
parents and guardians to compare the manner in which local schools
compare to other schools within that district as well as other
schools in the state.
(d) In conjunction with the development of the standardized
template, the department shall furnish standard definitions for
school conditions included in the school accountability report card.
The standard definitions shall comply with the following:
(1) Definitions shall be consistent with the definitions already
in place or under the development at the state level pursuant to
existing law.
(2) Definitions shall enable schools to furnish contextual or
comparative information to assist the public in understanding the
information in relation to the performance of other schools.
(3) Definitions shall specify the data for which the department
will be responsible for providing and the data and information for
which the local educational agencies will be responsible.
(e) By February 1, 2008, the department shall report to the
Legislature and the Governor on remaining data elements in the school
accountability report card and the feasibility of combining
elements, linking to other reporting of data elements, and other
possible alternatives for improving the usability and readability of
the school accountability report card. The report shall include a
survey of the conditions for which the department has valid and
reliable data at the state, district, or school level. The report
shall provide a timetable for the inclusion of conditions for which
standard definitions or valid and reliable data do not yet exist
through the department.
(f) The Superintendent shall recommend and the state board shall
appoint 13 members to serve on a broad-based advisory committee of
local administrators, educators, parents, and other knowledgeable
parties to develop definitions for the school conditions for which
standard definitions do not yet exist. The state board may designate
outside experts in performance measurements in support of activities
of the advisory board.
(g) The state board shall approve available definitions for
inclusion in the template as well as a timetable for the further
development of definitions and data collection procedures. Each year
the state board shall adopt the template for the current year's
school accountability report card. Definitions for all school
conditions shall be included in the template.
(h) The department annually shall post the completed and viewable
template on the Internet. The template shall be designed to allow
schools or districts to download the template from the Internet. The
template shall further be designed to allow local educational
agencies, including individual schools, to enter data into the school
accountability report card electronically, individualize the report
card, and further describe the data elements. The department shall
establish model guidelines and safeguards that may be used by school
districts with secured access only for those school officials
authorized to make modifications.
(i) The department shall maintain current Internet links with the
Internet Web sites of local educational agencies to provide parents
and the public with easy access to the school accountability report
cards maintained on the Internet. In order to ensure the currency of
these Internet links, local educational agencies that provide access
to school accountability report cards through the Internet shall
furnish current Uniform Resource Locators (URLs) for their Internet
Web sites to the department.
(j) A school or school district that chooses not to utilize the
standardized template adopted pursuant to this section shall report
the data for its school accountability report card in a manner that
is consistent with the definitions adopted pursuant to subdivision
(c).
(k) The department shall provide recommendations for changes to
the California Basic Educational Data System, or a successor data
system, and other data collection mechanisms to ensure that the
information will be preserved and available in the future.
(l) The department shall monitor the compliance of local
educational agencies with the requirements to prepare and to
distribute school accountability report cards, including, but not
limited to, the requirements contained in this section, subdivision
(c) of Section 35256, and Section 35258.
33126.15. (a) By July 1, 2006, the department shall develop, and
shall recommend for adoption by the State Board of Education, a
revision to the standardized template required pursuant to Section
33126.1.
(b) The revision to the standardized template recommended by the
department shall include a comparison of the actual unrestricted
funding per pupil allocated for the specific benefit of the school or
for the benefit of all schools in the district equally, compared to
the districtwide average and to the state average of the same
computation. The comparison shall include the percentage by which the
school is above or below the districtwide average and the state
average.
(c) The revision to the standardized template recommended by the
department shall include a field for reporting the actual restricted
funding, per pupil, allocated for the specific benefit of the school
or for the benefit of all schools in the district equally.
(d) The revision to the standardized template recommended by the
department shall include a comparison of the average of actual
salaries paid to certificated instructional personnel, compared to
the districtwide average and to the state average of the same
computation. This comparison shall include the percentage by which
the school is above or below the districtwide average and the state
average.
33126.2. (a) The Secretary for Education, as part of the study
conducted pursuant to Provision 2 of Item 0650-011-0001 of Section
2.00 of the Budget Act of 2000, shall review the data elements
provided by school districts via their school accountability report
cards to determine to what extent these data elements may be
incorporated into the Academic Performance Index, as established by
Section 52052. This review may include, but is not limited to, the
number of computers per pupil, quality and capacity of technology in
the classroom, postsecondary matriculation data, and disaggregation
of required data elements by subgroups. The Superintendent of Public
Instruction may also recommend additional data elements for inclusion
in the Academic Performance Index. Data elements may be incorporated
in the Academic Performance Index only after those elements have
been determined by the State Board of Education to be valid and
reliable for the purpose of measuring school performance, and only if
their inclusion would not be likely to result in a valid claim
against the state for reimbursement pursuant to Section 6 of Article
XIII B of the California Constitution.
(b) The Superintendent of Public Instruction shall additionally
review, and the State Board of Education shall consider, any
empirical research data that becomes available concerning barriers to
equal opportunities to succeed educationally for all California
pupils, regardless of socioeconomic background. Upon obtaining this
information, the board shall evaluate whether there is any need to
revise the school accountability report card.
33126.5. The State Allocation Board, in cooperation with the
Superintendent of Public Instruction, shall develop and maintain an
automated school facilities inventory that is capable of indicating
the statewide percentage of facility utilization and projecting
school facility needs five years in advance, in order to permit the
board to study alternative proposals for the allocation of funds for
new construction, maintenance, and rehabilitation.
33127. (a) The Superintendent of Public Instruction, the
Controller, and the Director of the Department of Finance shall
develop, on or before March 1, 1989, standards and criteria to be
reviewed and adopted by the State Board of Education, and to be used
by local educational agencies in the development of annual budgets
and the management of subsequent expenditures from that budget.
During the development of the standards and criteria, the
Superintendent of Public Instruction shall convene a committee
composed of representatives from school districts, county offices of
education, state agencies, the Legislature, and appropriate labor and
professional organizations. The committee may review and comment on
the proposal standards and criteria prior to their adoption. In
addition, the standards and criteria shall be used to monitor the
fiscal stability of local educational agencies as provided for in
Sections 1240.1, 1240.2, 1621, 1623, 33131, 42127, and 42127.1.
(b) The Superintendent of Public Instruction, the Controller, and
the Director of the Department of Finance shall update the standards
and criteria developed pursuant to subdivision (a) on or before
September 1, 2005. The updated standards and criteria shall be
reviewed and adopted pursuant to the procedure established by
subdivision (a) and are applicable to local educational agency
budgets commencing with the 2006-07 fiscal year and each fiscal year
thereafter.
(c) After September 1, 2005, to the extent necessary, any
revisions or updates to the standards and criteria shall be developed
by the Superintendent of Public Instruction, the Controller, and the
Director of the Department of Finance pursuant the procedures
established by subdivision (a). The revisions or updates shall
specify the fiscal year in which the revisions or updates are
applicable.
33128. (a) The standards and criteria to be adopted by the State
Board of Education pursuant to Section 33127 shall include, but not
be limited to, comparisons and reviews, including appropriate methods
of projection, of all of the following:
(1) Average daily attendance.
(2) Revenues and expenditures.
(3) Reserves and fund balance.
(4) Multiyear commitments, including cost-of-living adjustments.
(b) In addition to the requirements of subdivision (a), the
standards and criteria to be adopted by the State Board of Education
pursuant to Section 33127 shall include, but not be limited to, all
of the following:
(1) Clear definitions and guidelines for positive, qualified, and
negative interim financial certifications pursuant to Sections 42130
and 42131.
(2) District financial health indicators to provide a
comprehensive review and assessment of the financial condition of
districts and to help identify districts that are developing
financial problems before the problems become severe. The indicators
shall take into account issues including, but not limited to, all of
the following:
(A) Increasing or decreasing balances available for general
purposes and general purpose reserve size relative to the standard
for the district.
(B) Long-term commitments for rates of increase in significant
cost centers that are more or less than current revenue growth rate
projections, including the projected cost change of the workforce
taking into account the progression of newer hires and existing staff
through the salary schedule and likely turnover, and all
compensation for the superintendent of the school district and
executive positions reporting directly to the superintendent of the
school district.
(C) Use of one-time revenues for ongoing costs.
(D) Use of ongoing revenues for one-time costs.
(E) Appropriate recognition and amortization of future commitments
including any district-created benefit program.
(F) Facilities maintenance funding adequate to preserve
functionality of facilities for their normal life.
33128.1. Notwithstanding any other law, a local educational agency
may recognize for budgetary and financial reporting purposes any
amount of state appropriations deferred from the current fiscal year
and appropriated from the subsequent fiscal year for payment of
current year costs as a receivable in the current year.
33128.2. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128 or any
other law, for the 2002-03 fiscal year only, a local educational
agency may use for purposes determined by its governing body up to 50
percent of its reserves for economic uncertainties and up to 50
percent of the balances, as of July 1, 2002, of restricted accounts
in its General Fund, excluding restricted reserves committed for
capital outlay, bond funds, sinking funds, and federal funds, in
order to provide local budgeting flexibility as a result of midyear
budget reductions for the 2002-03 fiscal year that are enacted by the
Legislature after January 2003.
(b) A local educational agency may not, pursuant to paragraph (a),
use the combined budgetary reserves in excess of its total midyear
budget reductions for the 2002-03 fiscal year.
(c) It is the intent of the Legislature that a local educational
agency use the flexibility provided in subdivision (a) to the extent
midyear budget reductions for the 2002-03 fiscal year occur in the
following programs:
(1) The Peer Assistance and Review Program.
(2) Supplemental instruction and remedial programs.
(3) One-time funding for the Instructional Materials Funding
Realignment Program.
(d) It is further the intent of the Legislature that a local
educational agency make every effort to maintain a prudent
expenditure plan that ensures its solvency for the 2002-03 fiscal
year and in subsequent fiscal years.
33128.3. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128, for
the 2009-10 fiscal year, the minimum state requirement for a reserve
for economic uncertainties is one-third of the percentage for a
reserve adopted by the state board pursuant to Section 33128 as of
May 1, 2009.
(b) The school district shall make progress, in the 2010-11 fiscal
year, toward returning to compliance with the standards and criteria
adopted pursuant to paragraph (3) of subdivision (a) of Section
33128.
(c) For the 2011-12 fiscal year, the minimum state requirement for
a reserve for economic uncertainties shall be restored to the
percentage adopted by the state board pursuant to Section 33128 as of
May 1, 2009.
(d) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
33128.5. Notwithstanding any other provision of law, a county
unified school district with fewer than 3,000 units of average daily
attendance may use up to 30 percent of its budget reserve to pay for
utility costs, including propane, fuel, and electricity costs, in
each of the 2000-01 and 2001-02 fiscal years, and shall not for that
reason receive a "qualified" or "negative" financial certification by
the State Department of Education for three fiscal years after using
that amount of its budget reserve to pay for utility costs if the
use of that amount results in available reserves falling below 3
percent of its budget reserve.
33129. Notwithstanding any provision of law to the contrary,
beginning with the first fiscal year following the adoption by the
State Board of Education of standards and criteria developed pursuant
to Section 33127, local educational agencies shall use the standards
and criteria in developing their budgets and managing their
expenditures.
33131. The standards and criteria for fiscal accountability
referred to in Section 33127 shall not be subject to Sections 11340
to 11356, inclusive, of the Government Code. However, any standards
and criteria adopted by the State Board of Education pursuant to
Section 33127 shall be codified and published in Title 5 of the
California Code of Regulations.
33132. (a) Notwithstanding Section 51877, the Superintendent of
Public Instruction shall award educational technology competitive
grants under this code with respect to each of the following
categories based on a school district's regular average daily
attendance:
(1) 1,000 and below.
(2) 1,001 to 2,500.
(3) 2,501 to 5,000.
(4) 5,001 to 15,000.
(5) 15,001 to 60,000.
(6) 60,001 and above.
(b) Notwithstanding Section 51877, the Superintendent of Public
Instruction shall award educational technology competitive grants
under this code with respect to each of the following two categories
based on a county office of education's regular average daily
attendance:
(1) 1,000 and below.
(2) 1,001 and above.
(c) The Superintendent shall use the prior year's second principal
regular average daily attendance to determine the category in which
a school district or county office of education shall be placed.
(d) Program grant funds shall be allocated for each category in
subdivisions (a) and (b) in the following proportion:
(1) Compute the average daily attendance determined pursuant to
subdivision (c) for the school districts or county offices of
education in the category.
(2) Divide the aggregate sum determined pursuant to paragraph (1)
by the total statewide regular average daily attendance reported for
the second principal apportionment for the prior fiscal year.
(e) The applicants within each category shall be evaluated and
scored as otherwise required by the grant program.
(f) This section is applicable only to educational technology
grants awarded on or after January 1, 1997.
33133. (a) The Superintendent of Public Instruction shall develop
information, and submit this information to the State Board of
Education for its approval. This information shall be for
distribution to school districts and, to the extent feasible, for
posting on the State Department of Education Internet website, to
strengthen and promote the opportunity for quality involvement by
parents and guardians in schoolsite councils whose composition meets
the requirements of Section 52012. In developing the information, the
Superintendent of Public Instruction may use documents currently
available from nonprofit organizations, such as Ed Source and the
California Parent Teacher Association, or state and local government
agencies.
(b) The information shall be provided to each school district and
county office of education and may be made available for parents and
guardians who are members of schoolsite councils whose composition
meets the requirements of Section 52012 and shall cover at least the
following topics:
(1) Operation of schoolsite advisory bodies, including bylaws,
group responsibilities, and roles.
(2) Public meeting notice requirements.
(3) Information about the total budget of a school district and
how funds are distributed to schoolsite advisory bodies, including,
but not limited to, the amount of funds distributed to schoolsites.
(4) Information about the school district and state standards of
expected pupil achievement in core academic subjects for each grade
level.
(5) Instruction on how to interpret data from the pupil
performance measures selected by the school district.
(6) A definition of "significant gains made by pupils" toward
meeting the standards of expected pupil achievement.
(7) Research-based information about curriculum and teaching
strategies that will improve pupil performance.
(8) The right to information under the Public Records Act set
forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.
(9) Information regarding the educational and training needs for
pupils, as identified and expressed by local employers, former pupils
of the school district, and postsecondary education institutions.
(c) In addition to the composition set forth in Section 52012, a
schoolsite council at the middle school level may, but is not
required to, include pupil representation.
33110. The Superintendent of Public Instruction may employ one
Deputy Superintendent of Public Instruction and necessary clerical
and expert assistants, and may fix the compensation of all statutory
and other employees as provided by law, except as otherwise provided.
33111. The Superintendent of Public Instruction shall execute,
under direction of the State Board of Education, the policies which
have been decided upon by the board and shall direct, under general
rules and regulations adopted by the State Board of Education, the
work of all appointees and employees of the board.
33112. The Superintendent of Public Instruction shall:
(a) Superintend the schools of this state.
(b) Prepare, have printed, and furnish to teachers and to all
officers charged with the administration of the laws relating to the
public schools the blank forms and books necessary to the discharge
of their duties, including blank teachers' certificates to be used by
county and city and county boards of education.
(c) Authenticate with his or her official seal all drafts or
orders drawn by him or her, and all papers and writings issued from
his or her office.
(d) Have bound, at the state bindery, all valuable school reports,
journals, and documents in his or her office, or received by him or
her.
(e) Deliver over, at the expiration of his or her term of office,
on demand, to his or her successor, all property, books, documents,
maps, records, reports, and other papers belonging to his or her
office, or which may have been received by him or her for the use of
his or her office.
(f) Designate and appoint, or terminate the designation and
appointment of, any officer or employee of the department to have the
powers and liabilities of a deputy, including designation pursuant
to Section 7.9 of the Government Code, which appointment and
termination of appointment shall be effective when filed in writing
in the office of the Secretary of State.
(g) Annually inform the governing boards of school districts, in a
manner prescribed by the superintendent, of the provisions of
Section 60510.5.
33113. The Superintendent of Public Instruction shall prescribe
regulations under which contracts, agreements, or arrangements may be
made with agencies of the federal government for funds, services,
commodities, or equipment to be made available to schools under the
jurisdiction of the State Board of Education and the Superintendent
of Public Instruction.
33114. All such contracts, agreements or arrangements shall be
entered into in accordance with regulations prescribed by the
Superintendent of Public Instruction and in no other manner.
33115. The Superintendent of Public Instruction may enter into an
agreement with the government of the United States or any agency
thereof relative to the establishment of courses of study in
aeronautics in the technical schools of the public school system,
except the California State University.
33116. The Director of Education may enter into agreements with any
agency of the federal government for the education of persons in the
service of the federal government in schools under the jurisdiction
of the Department of Education. All money received from an agency of
the federal government for the education of persons in any such
school is hereby appropriated for the support of such school in
addition to such other funds as may be appropriated therefor by the
Legislature.
33117. The Director of Education may enter into agreements with
agencies of the federal government, county superintendents of
schools, county boards of education, any school district, and state
college foundations or other auxiliary organizations, including those
established pursuant to Section 90000 for the performance of any
services for those agencies by any school under the jurisdiction of
the State Department of Education. All money received under any
agreement, except recovery of contributions to the Public Employees'
Retirement Fund, is hereby appropriated for the support of the school
in addition to other funds as may be appropriated therefor by the
Legislature.
33117.5. (a) Adult education programs and regional occupational
programs operated by school districts and county offices of education
that have contracted with the Superintendent of Public Instruction
pursuant to subdivision (b) shall provide services to welfare
recipients referred by county welfare departments in accordance with
subdivision (c) of Section 11322.8 and paragraph (3) of subdivision
(b) of Section 11325.22 of the Welfare and Institutions Code. These
services shall include an evaluation of the individual's educational
and training needs for purposes of subdivision (c) of Section 11322.8
and paragraph (3) of subdivision (b) of Section 11325.22 of the
Welfare and Institutions Code and the preparation of a related
education and training plan reflecting these needs. The plan shall
specify the educational and training services to be provided and the
length of time services are to be provided, and shall assure access
to those services.
(b) The Superintendent of Public Instruction shall identify school
districts or county offices of education that can best accommodate
welfare recipients for whom vocational education, adult education,
and English as a second language is specified in contracts required
by Sections 11321.4 and 11325.21 of the Welfare and Institutions
Code. The superintendent shall enter into contracts with each
consenting district or county office, where necessary, so that the
contracting district, independent regional occupation program, or
county office shall provide at least 10 weekly hours of open
entry-open exit skills training and education for welfare recipients
who need this training to enable counties to meet their goals for
plans developed pursuant to Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code. If a program is unable to provide at least 10
hours of instruction to these participants, even though funds are
available, the appropriate district or county office shall report to
the superintendent the reasons why sufficient hours of instruction
were not provided. The superintendent should provide technical
assistance to those districts or county offices to resolve the
problems that prohibit an adequate number of hours of instruction
from being offered.
(c) Allocations to the Superintendent of Public Instruction of
funds available under Section 202 (c)(1)(C) and Section 262(c)(1)(C)
of the federal Job Training Partnership Act shall be used for
purposes of this section to the extent the superintendent determines
necessary.
The Superintendent of Public Instruction shall allocate these
funds directly to service delivery areas for allocation to those
providers of educational and training services delivered in
accordance with this section. The Superintendent of Public
Instruction shall allocate to community college districts and the
Chancellor's Office of the California Community Colleges such funds
as are determined necessary pursuant to Section 71050. The
Superintendent of Public Instruction may allocate these funds to
service delivery areas which have agreements with private schools and
organizations to provide educational and training services under
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code. These funds shall
be allocated in accordance with the coordination criteria of the
coordination and special services plan as provided in Section 10524
of the Unemployment Insurance Code, and according to the priority
order of eligible persons for these funds as provided in Sections
15010 and 15011 of the Unemployment Insurance Code.
(d) As a condition for the funding of education and training
services to participants under Article 3.2 (commencing with Section
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code, as provided in subdivisions (a) to (c), inclusive,
education providers and county welfare departments shall discuss and
jointly certify that they agree upon the delivery of education and
training services for program participants.
33117.7. The Superintendent of Public Instruction shall use 30
percent of the funds available under Section 202(c)(1)(C) and Section
262(c)(1)(C) of the federal Job Training Partnership Act to support
the work-based learning component of a school-to-career program.
These funds shall be expended as authorized by the federal act and
shall be targeted for activities that create and support paid
internships in the private sector, with an emphasis on small
businesses, and paid work experience in the public sector or private
nonprofit sector, for youth.
33118. The Superintendent of Public Instruction shall, not later
than the 25th day of July in each year, prepare an estimate of the
amount of state school money that will be apportioned to each county
or city and county during the current school year, and furnish a
certified copy of the estimate to each county or city and county
superintendent of schools.
33119. Other than for persons in the state civil service, the
length of, and the time for, vacations of teachers, officers, and
employees of the schools for the deaf, the school for the blind, and
orientation centers for the blind shall be prescribed by the Director
of Education, except that the length of vacations for teachers at
orientation centers for the blind shall not exceed 30 days.
33120. The Director of Education may conduct experimental work in
education through various media, including radio and television.
33121. The Director of Education may develop audial and visual
curriculum materials, evolve means and methods, and prescribe
standards, for the use of such materials in the public elementary and
secondary schools.
33122. The Director of Education shall employ such persons as are
necessary for the coordination and the supervision of services for
hard-of-hearing children.
33123. The Director of Education may enter into an agreement with
any political entity mentioned in Section 44853 for the exchange and
employment of persons serving as teachers in schools under the
jurisdiction of the Department of Education and employees of public
schools of the political entity. The exchange and employment shall be
made under comparable circumstances, subject to comparable
conditions, with comparable effect as to tenure and retirement
rights, subject to comparable requirements as to payment of salary
and deductions therefrom, and for the same period of time as set
forth in Sections 44853, 44854, and 44855 with respect to the
exchange of school district employees, except that the circumstances,
conditions, rights, and requirements shall be those appropriate to
the employment relationship between the teachers and the Department
of Education.
33125. The Director of Education, subject to such conditions as the
State Board of Education may establish, may purchase annuity
contracts for the employees of the California School for the Deaf
provided for in Chapter 1 (commencing with Section 59000) of Part 32
of Division 4 of this title, the California School for the Blind
provided for in Chapter 2 (commencing with Section 59100) of Part 32
of Division 4 of this title, and the diagnostic schools for
neurologically handicapped children provided for in Chapter 3
(commencing with Section 59200) of Part 32 of Division 4 of this
title, and shall reduce the salary of any such employee for whom such
contract is purchased in the amount of the cost thereof; provided
that each of the following conditions are met:
(a) The annuity contract is under an annuity plan which meets the
requirements of subdivision (b) of Section 403 of the Internal
Revenue Code of 1954 of the United States.
(b) The employee makes application to the director for such
purchase and reduction of salary.
(c) All provisions of the Insurance Code applicable to the
purchase of such annuities are satisfied.
33126. (a) The school accountability report card shall provide data
by which a parent can make meaningful comparisons between public
schools that will enable him or her to make informed decisions on the
school in which to enroll his or her children.
(b) The school accountability report card shall include, but is
not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the
standardized testing and reporting programs pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33.
(B) After the state develops a statewide assessment system
pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6
(commencing with Section 60800) of Part 33, pupil achievement by
grade level, as measured by the results of the statewide assessment.
(2) Progress toward reducing dropout rates, including the one-year
dropout rate listed in the California Basic Educational Data System
or a successor data system for the schoolsite over the most recent
three-year period, and the graduation rate, as defined by the state
board, over the most recent three-year period when available pursuant
to Section 52052.
(3) Estimated expenditures per pupil and types of services funded.
The assessment of estimated expenditures per pupil shall reflect the
actual salaries of personnel assigned to the schoolsite. The
assessment of estimated expenditures per pupil shall be reported in
total, shall be reported in subtotal by restricted and by
unrestricted source, and shall include a reporting of the average of
actual salaries paid to certificated instructional personnel at that
schoolsite.
(4) Progress toward reducing class sizes and teaching loads,
including the distribution of class sizes at the schoolsite by grade
level and the average class size, using the California Basic
Educational Data System or a successor data system information for
the most recent three-year period.
(5) The total number of the school's fully credentialed teachers,
the number of teachers relying upon emergency credentials, the number
of teachers working without credentials, any assignment of teachers
outside their subject areas of competence, misassignments, including
misassignments of teachers of English learners, and the number of
vacant teacher positions for the most recent three-year period.
(A) For purposes of this paragraph, "vacant teacher position"
means a position to which a single-designated certificated employee
has not been assigned at the beginning of the year for an entire year
or, if the position is for a one-semester course, a position of
which a single-designated certificated employee has not been assigned
at the beginning of a semester for an entire semester.
(B) For purposes of this paragraph, "misassignment" means the
placement of a certificated employee 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 statute to hold.
(6) (A) Quality and currency of textbooks and other instructional
materials, including whether textbooks and other materials meet state
standards and are adopted by the state board for kindergarten and
grades 1 to 8, inclusive, and adopted by the governing boards of
school districts for grades 9 to 12, inclusive, and the ratio of
textbooks per pupil and the year the textbooks were adopted.
(B) The availability of sufficient textbooks and other
instructional materials, as determined pursuant to Section 60119, for
each pupil, including English learners, in each of the areas
enumerated in clauses (i) to (iv), inclusive. If the governing board
determines, pursuant to Section 60119 that there are insufficient
textbooks or instructional materials, or both, it shall include
information for each school in which an insufficiency exists,
identifying the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area. The subject areas to be included are all of the
following:
(i) The core curriculum areas of reading/language arts,
mathematics, science, and history/social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive,
as appropriate.
(iv) Visual and performing arts.
(7) The availability of qualified personnel to provide counseling
and other pupil support services, including the ratio of academic
counselors per pupil.
(8) Safety, cleanliness, and adequacy of school facilities,
including any needed maintenance to ensure good repair as specified
in Section 17014, Section 17032.5, subdivision (a) of Section
17070.75, and subdivision (b) of Section 17089.
(9) The annual number of schooldays dedicated to staff development
for the most recent three-year period.
(10) Suspension and expulsion rates for the most recent three-year
period.
(11) For secondary schools, the percentage of graduates who have
passed course requirements for entrance to the University of
California and the California State University, including the course
requirements for high school graduation pursuant to Section 51225.3,
and the percentage of pupils enrolled in those courses, as reported
by the California Basic Educational Data System or any successor data
system.
(12) The number of advanced placement courses offered, by subject.
(13) The Academic Performance Index, including the disaggregation
of subgroups as set forth in Section 52052 and the decile rankings
and a comparison of schools.
(14) When available, the percentage of pupils, including the
disaggregation of subgroups, as set forth in Section 52052,
completing grade 12 who successfully complete the high school exit
examination, as set forth in Sections 60850 and 60851, as compared to
the percentage of pupils in the district and statewide completing
grade 12 who successfully complete the examination.
(15) Contact information pertaining to organized opportunities for
parental involvement.
(16) Career technical education data measures, including all of
the following:
(A) A list of programs offered by the school district in which
pupils at the school may participate and that are aligned to the
model curriculum standards adopted pursuant to Section 51226, and
program sequences offered by the school district. The list should
identify courses conducted by a regional occupational center or
program, and those conducted directly by the school district.
(B) A listing of the primary representative of the career
technical advisory committee of the school district and the
industries represented.
(C) The number of pupils participating in career technical
education.
(D) The percentage of pupils that complete a career technical
education program and earn a high school diploma.
(E) The percentage of career technical education courses that are
sequenced or articulated between a school and institutions of
postsecondary education.
(c) If the Commission on State Mandates finds a school district is
eligible for a reimbursement of costs incurred complying with this
section, the school district shall be reimbursed only if the
information provided in the school accountability report card is
accurate, as determined by the annual audit performed pursuant to
Section 41020. If the information is determined to be inaccurate, the
school district remains eligible for reimbursement if the
information is corrected by May 15.
(d) It is the intent of the Legislature that schools make a
concerted effort to notify parents of the purpose of the school
accountability report cards, as described in this section, and ensure
that all parents receive a copy of the report card; to ensure that
the report cards are easy to read and understandable by parents; to
ensure that local educational agencies with access to the Internet
make available current copies of the report cards through the
Internet; and to ensure that administrators and teachers are
available to answer any questions regarding the report cards.
33126.1. (a) The department shall develop and recommend for
adoption by the state board a standardized template intended to
simplify the process for completing the school accountability report
card and make the school accountability report card more meaningful
to the public.
(b) The standardized template shall include all of the following:
(1) Fields for the insertion of data and information by the
department and by local educational agencies.
(2) A field to report the determination of the sufficiency of
textbooks and instructional materials, pursuant to Section 60119.
(3) A summary statement of the condition of school facilities, as
required by Section 17014, Section 17032.5, subdivision (a) of
Section 17070.75, and subdivision (b) of Section 17089. The
department shall provide examples of summary statements of the
condition of school facilities that are acceptable and those that are
unacceptable.
(4) A description of data available on the DataQuest Internet Web
site of the department, including the Uniform Resource Locator for
that Internet Web site.
(5) A description of admission requirements for California's
public universities, including the Uniform Resource Locator for the
University of California Internet Web site providing information
about the courses offered by each school that are approved as meeting
those requirements.
(6) A statement concerning the availability of Internet access at
public libraries and other locations that are publicly accessible.
(c) When the template for a school is completed, it should enable
parents and guardians to compare the manner in which local schools
compare to other schools within that district as well as other
schools in the state.
(d) In conjunction with the development of the standardized
template, the department shall furnish standard definitions for
school conditions included in the school accountability report card.
The standard definitions shall comply with the following:
(1) Definitions shall be consistent with the definitions already
in place or under the development at the state level pursuant to
existing law.
(2) Definitions shall enable schools to furnish contextual or
comparative information to assist the public in understanding the
information in relation to the performance of other schools.
(3) Definitions shall specify the data for which the department
will be responsible for providing and the data and information for
which the local educational agencies will be responsible.
(e) By February 1, 2008, the department shall report to the
Legislature and the Governor on remaining data elements in the school
accountability report card and the feasibility of combining
elements, linking to other reporting of data elements, and other
possible alternatives for improving the usability and readability of
the school accountability report card. The report shall include a
survey of the conditions for which the department has valid and
reliable data at the state, district, or school level. The report
shall provide a timetable for the inclusion of conditions for which
standard definitions or valid and reliable data do not yet exist
through the department.
(f) The Superintendent shall recommend and the state board shall
appoint 13 members to serve on a broad-based advisory committee of
local administrators, educators, parents, and other knowledgeable
parties to develop definitions for the school conditions for which
standard definitions do not yet exist. The state board may designate
outside experts in performance measurements in support of activities
of the advisory board.
(g) The state board shall approve available definitions for
inclusion in the template as well as a timetable for the further
development of definitions and data collection procedures. Each year
the state board shall adopt the template for the current year's
school accountability report card. Definitions for all school
conditions shall be included in the template.
(h) The department annually shall post the completed and viewable
template on the Internet. The template shall be designed to allow
schools or districts to download the template from the Internet. The
template shall further be designed to allow local educational
agencies, including individual schools, to enter data into the school
accountability report card electronically, individualize the report
card, and further describe the data elements. The department shall
establish model guidelines and safeguards that may be used by school
districts with secured access only for those school officials
authorized to make modifications.
(i) The department shall maintain current Internet links with the
Internet Web sites of local educational agencies to provide parents
and the public with easy access to the school accountability report
cards maintained on the Internet. In order to ensure the currency of
these Internet links, local educational agencies that provide access
to school accountability report cards through the Internet shall
furnish current Uniform Resource Locators (URLs) for their Internet
Web sites to the department.
(j) A school or school district that chooses not to utilize the
standardized template adopted pursuant to this section shall report
the data for its school accountability report card in a manner that
is consistent with the definitions adopted pursuant to subdivision
(c).
(k) The department shall provide recommendations for changes to
the California Basic Educational Data System, or a successor data
system, and other data collection mechanisms to ensure that the
information will be preserved and available in the future.
(l) The department shall monitor the compliance of local
educational agencies with the requirements to prepare and to
distribute school accountability report cards, including, but not
limited to, the requirements contained in this section, subdivision
(c) of Section 35256, and Section 35258.
33126.15. (a) By July 1, 2006, the department shall develop, and
shall recommend for adoption by the State Board of Education, a
revision to the standardized template required pursuant to Section
33126.1.
(b) The revision to the standardized template recommended by the
department shall include a comparison of the actual unrestricted
funding per pupil allocated for the specific benefit of the school or
for the benefit of all schools in the district equally, compared to
the districtwide average and to the state average of the same
computation. The comparison shall include the percentage by which the
school is above or below the districtwide average and the state
average.
(c) The revision to the standardized template recommended by the
department shall include a field for reporting the actual restricted
funding, per pupil, allocated for the specific benefit of the school
or for the benefit of all schools in the district equally.
(d) The revision to the standardized template recommended by the
department shall include a comparison of the average of actual
salaries paid to certificated instructional personnel, compared to
the districtwide average and to the state average of the same
computation. This comparison shall include the percentage by which
the school is above or below the districtwide average and the state
average.
33126.2. (a) The Secretary for Education, as part of the study
conducted pursuant to Provision 2 of Item 0650-011-0001 of Section
2.00 of the Budget Act of 2000, shall review the data elements
provided by school districts via their school accountability report
cards to determine to what extent these data elements may be
incorporated into the Academic Performance Index, as established by
Section 52052. This review may include, but is not limited to, the
number of computers per pupil, quality and capacity of technology in
the classroom, postsecondary matriculation data, and disaggregation
of required data elements by subgroups. The Superintendent of Public
Instruction may also recommend additional data elements for inclusion
in the Academic Performance Index. Data elements may be incorporated
in the Academic Performance Index only after those elements have
been determined by the State Board of Education to be valid and
reliable for the purpose of measuring school performance, and only if
their inclusion would not be likely to result in a valid claim
against the state for reimbursement pursuant to Section 6 of Article
XIII B of the California Constitution.
(b) The Superintendent of Public Instruction shall additionally
review, and the State Board of Education shall consider, any
empirical research data that becomes available concerning barriers to
equal opportunities to succeed educationally for all California
pupils, regardless of socioeconomic background. Upon obtaining this
information, the board shall evaluate whether there is any need to
revise the school accountability report card.
33126.5. The State Allocation Board, in cooperation with the
Superintendent of Public Instruction, shall develop and maintain an
automated school facilities inventory that is capable of indicating
the statewide percentage of facility utilization and projecting
school facility needs five years in advance, in order to permit the
board to study alternative proposals for the allocation of funds for
new construction, maintenance, and rehabilitation.
33127. (a) The Superintendent of Public Instruction, the
Controller, and the Director of the Department of Finance shall
develop, on or before March 1, 1989, standards and criteria to be
reviewed and adopted by the State Board of Education, and to be used
by local educational agencies in the development of annual budgets
and the management of subsequent expenditures from that budget.
During the development of the standards and criteria, the
Superintendent of Public Instruction shall convene a committee
composed of representatives from school districts, county offices of
education, state agencies, the Legislature, and appropriate labor and
professional organizations. The committee may review and comment on
the proposal standards and criteria prior to their adoption. In
addition, the standards and criteria shall be used to monitor the
fiscal stability of local educational agencies as provided for in
Sections 1240.1, 1240.2, 1621, 1623, 33131, 42127, and 42127.1.
(b) The Superintendent of Public Instruction, the Controller, and
the Director of the Department of Finance shall update the standards
and criteria developed pursuant to subdivision (a) on or before
September 1, 2005. The updated standards and criteria shall be
reviewed and adopted pursuant to the procedure established by
subdivision (a) and are applicable to local educational agency
budgets commencing with the 2006-07 fiscal year and each fiscal year
thereafter.
(c) After September 1, 2005, to the extent necessary, any
revisions or updates to the standards and criteria shall be developed
by the Superintendent of Public Instruction, the Controller, and the
Director of the Department of Finance pursuant the procedures
established by subdivision (a). The revisions or updates shall
specify the fiscal year in which the revisions or updates are
applicable.
33128. (a) The standards and criteria to be adopted by the State
Board of Education pursuant to Section 33127 shall include, but not
be limited to, comparisons and reviews, including appropriate methods
of projection, of all of the following:
(1) Average daily attendance.
(2) Revenues and expenditures.
(3) Reserves and fund balance.
(4) Multiyear commitments, including cost-of-living adjustments.
(b) In addition to the requirements of subdivision (a), the
standards and criteria to be adopted by the State Board of Education
pursuant to Section 33127 shall include, but not be limited to, all
of the following:
(1) Clear definitions and guidelines for positive, qualified, and
negative interim financial certifications pursuant to Sections 42130
and 42131.
(2) District financial health indicators to provide a
comprehensive review and assessment of the financial condition of
districts and to help identify districts that are developing
financial problems before the problems become severe. The indicators
shall take into account issues including, but not limited to, all of
the following:
(A) Increasing or decreasing balances available for general
purposes and general purpose reserve size relative to the standard
for the district.
(B) Long-term commitments for rates of increase in significant
cost centers that are more or less than current revenue growth rate
projections, including the projected cost change of the workforce
taking into account the progression of newer hires and existing staff
through the salary schedule and likely turnover, and all
compensation for the superintendent of the school district and
executive positions reporting directly to the superintendent of the
school district.
(C) Use of one-time revenues for ongoing costs.
(D) Use of ongoing revenues for one-time costs.
(E) Appropriate recognition and amortization of future commitments
including any district-created benefit program.
(F) Facilities maintenance funding adequate to preserve
functionality of facilities for their normal life.
33128.1. Notwithstanding any other law, a local educational agency
may recognize for budgetary and financial reporting purposes any
amount of state appropriations deferred from the current fiscal year
and appropriated from the subsequent fiscal year for payment of
current year costs as a receivable in the current year.
33128.2. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128 or any
other law, for the 2002-03 fiscal year only, a local educational
agency may use for purposes determined by its governing body up to 50
percent of its reserves for economic uncertainties and up to 50
percent of the balances, as of July 1, 2002, of restricted accounts
in its General Fund, excluding restricted reserves committed for
capital outlay, bond funds, sinking funds, and federal funds, in
order to provide local budgeting flexibility as a result of midyear
budget reductions for the 2002-03 fiscal year that are enacted by the
Legislature after January 2003.
(b) A local educational agency may not, pursuant to paragraph (a),
use the combined budgetary reserves in excess of its total midyear
budget reductions for the 2002-03 fiscal year.
(c) It is the intent of the Legislature that a local educational
agency use the flexibility provided in subdivision (a) to the extent
midyear budget reductions for the 2002-03 fiscal year occur in the
following programs:
(1) The Peer Assistance and Review Program.
(2) Supplemental instruction and remedial programs.
(3) One-time funding for the Instructional Materials Funding
Realignment Program.
(d) It is further the intent of the Legislature that a local
educational agency make every effort to maintain a prudent
expenditure plan that ensures its solvency for the 2002-03 fiscal
year and in subsequent fiscal years.
33128.3. (a) Notwithstanding the standards and criteria adopted
pursuant to paragraph (3) of subdivision (a) of Section 33128, for
the 2009-10 fiscal year, the minimum state requirement for a reserve
for economic uncertainties is one-third of the percentage for a
reserve adopted by the state board pursuant to Section 33128 as of
May 1, 2009.
(b) The school district shall make progress, in the 2010-11 fiscal
year, toward returning to compliance with the standards and criteria
adopted pursuant to paragraph (3) of subdivision (a) of Section
33128.
(c) For the 2011-12 fiscal year, the minimum state requirement for
a reserve for economic uncertainties shall be restored to the
percentage adopted by the state board pursuant to Section 33128 as of
May 1, 2009.
(d) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
33128.5. Notwithstanding any other provision of law, a county
unified school district with fewer than 3,000 units of average daily
attendance may use up to 30 percent of its budget reserve to pay for
utility costs, including propane, fuel, and electricity costs, in
each of the 2000-01 and 2001-02 fiscal years, and shall not for that
reason receive a "qualified" or "negative" financial certification by
the State Department of Education for three fiscal years after using
that amount of its budget reserve to pay for utility costs if the
use of that amount results in available reserves falling below 3
percent of its budget reserve.
33129. Notwithstanding any provision of law to the contrary,
beginning with the first fiscal year following the adoption by the
State Board of Education of standards and criteria developed pursuant
to Section 33127, local educational agencies shall use the standards
and criteria in developing their budgets and managing their
expenditures.
33131. The standards and criteria for fiscal accountability
referred to in Section 33127 shall not be subject to Sections 11340
to 11356, inclusive, of the Government Code. However, any standards
and criteria adopted by the State Board of Education pursuant to
Section 33127 shall be codified and published in Title 5 of the
California Code of Regulations.
33132. (a) Notwithstanding Section 51877, the Superintendent of
Public Instruction shall award educational technology competitive
grants under this code with respect to each of the following
categories based on a school district's regular average daily
attendance:
(1) 1,000 and below.
(2) 1,001 to 2,500.
(3) 2,501 to 5,000.
(4) 5,001 to 15,000.
(5) 15,001 to 60,000.
(6) 60,001 and above.
(b) Notwithstanding Section 51877, the Superintendent of Public
Instruction shall award educational technology competitive grants
under this code with respect to each of the following two categories
based on a county office of education's regular average daily
attendance:
(1) 1,000 and below.
(2) 1,001 and above.
(c) The Superintendent shall use the prior year's second principal
regular average daily attendance to determine the category in which
a school district or county office of education shall be placed.
(d) Program grant funds shall be allocated for each category in
subdivisions (a) and (b) in the following proportion:
(1) Compute the average daily attendance determined pursuant to
subdivision (c) for the school districts or county offices of
education in the category.
(2) Divide the aggregate sum determined pursuant to paragraph (1)
by the total statewide regular average daily attendance reported for
the second principal apportionment for the prior fiscal year.
(e) The applicants within each category shall be evaluated and
scored as otherwise required by the grant program.
(f) This section is applicable only to educational technology
grants awarded on or after January 1, 1997.
33133. (a) The Superintendent of Public Instruction shall develop
information, and submit this information to the State Board of
Education for its approval. This information shall be for
distribution to school districts and, to the extent feasible, for
posting on the State Department of Education Internet website, to
strengthen and promote the opportunity for quality involvement by
parents and guardians in schoolsite councils whose composition meets
the requirements of Section 52012. In developing the information, the
Superintendent of Public Instruction may use documents currently
available from nonprofit organizations, such as Ed Source and the
California Parent Teacher Association, or state and local government
agencies.
(b) The information shall be provided to each school district and
county office of education and may be made available for parents and
guardians who are members of schoolsite councils whose composition
meets the requirements of Section 52012 and shall cover at least the
following topics:
(1) Operation of schoolsite advisory bodies, including bylaws,
group responsibilities, and roles.
(2) Public meeting notice requirements.
(3) Information about the total budget of a school district and
how funds are distributed to schoolsite advisory bodies, including,
but not limited to, the amount of funds distributed to schoolsites.
(4) Information about the school district and state standards of
expected pupil achievement in core academic subjects for each grade
level.
(5) Instruction on how to interpret data from the pupil
performance measures selected by the school district.
(6) A definition of "significant gains made by pupils" toward
meeting the standards of expected pupil achievement.
(7) Research-based information about curriculum and teaching
strategies that will improve pupil performance.
(8) The right to information under the Public Records Act set
forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.
(9) Information regarding the educational and training needs for
pupils, as identified and expressed by local employers, former pupils
of the school district, and postsecondary education institutions.
(c) In addition to the composition set forth in Section 52012, a
schoolsite council at the middle school level may, but is not
required to, include pupil representation.
