BILL NUMBER: SB 302INTRODUCED BILL TEXT INTRODUCED BY Senator Yee FEBRUARY 14, 2011 An act to add Chapter 6.4 (commencing with Section 52060) to Part 28 of Division 4 of Title 2 of the Education Code, relating to pupils. LEGISLATIVE COUNSEL'S DIGEST SB 302, as introduced, Yee. Pupils: Comprehensive Pupil Learning Support System. (1) Existing law establishes various educational programs for pupils in elementary, middle, and high school that are administered by the State Department of Education. This bill would establish the Comprehensive Pupil Learning Support System to provide each pupil with a support system to ensure that each pupil will be a productive and responsible learner and citizen. The bill would require the State Department of Education to administer and implement the program through existing resources that are available to the department for the purposes of the program. The bill would require the department to adopt regulations to implement the program. The bill would require each elementary, middle, and high school to develop a school action plan, as specified, based on guidelines to be developed by the State Department of Education. The bill would require each school action plan to, among other things, enhance the capacity of each school to handle transition concerns confronting pupils and their families, enhance home involvement, provide special assistance to pupils and families, and incorporate outreach efforts to the community. The bill would require the department to evaluate the program in accordance with prescribed criteria. By imposing additional duties on school districts, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) The UCLA Center for Mental Health in Schools, the WestEd Regional Educational Laboratory, the State Department of Education, and other educational entities have adopted the concept of learning support within ongoing efforts to address barriers to pupil learning and to enhance healthy development. (b) Learning supports are the resources, strategies, and practices that provide physical, social, emotional, and intellectual supports intended to enable all pupils to have an equal opportunity for success at school. To accomplish this goal, a comprehensive, multifaceted, and cohesive learning support system should be integrated with instructional efforts and interventions provided in classrooms and schoolwide to address barriers to learning and teaching. (c) There is a growing consensus among researchers, policymakers, and practitioners that stronger collaborative efforts by families, schools, and communities are essential to pupil success. (d) An increasing number of American children live in communities where caring relationships, support resources, and a profamily system of education and human services do not exist to protect children and prepare them to be healthy, successful, resilient learners. (e) Especially in those communities, a renewed partnership of schools, families, and community members must be created to design and carry out system improvements to provide the learning support required by each pupil in order for each pupil to succeed. (f) Learning support is the collection of resources, strategies, and practices, and environmental and cultural factors extending beyond the regular classroom curriculum that together provide the physical, emotional, and intellectual support that every pupil needs to achieve high-quality learning. (g) A school that has an exemplary learning support system employs internal and external supports and services needed to help pupils become good parents, good neighbors, good workers, and good citizens of the world. (h) The overriding philosophy is that educational success, physical health, emotional support, and family and community strength are inseparable. (i) To implement the concept of learning supports, the state must systematically realign and redefine existing resources into a comprehensive system that is designed to strengthen pupils, schools, families, and communities rather than continuing to respond to these issues in a piecemeal and fragmented manner. (j) Development of learning supports at every school is essential in meeting the needs arising from the federal No Child Left Behind Act (Public Law 107-110) and the federal Individuals with Disabilities Education Act (Public Law 94-142). The state needs to ensure that each pupil is able to read, write, and relate effectively, has self-worth, has meaning-based learning opportunities, and has positive support networks from his or her peers, teachers, and family members, and from pupil support professionals and other school and community stakeholders. (k) It is essential that each pupil becomes literate, confident, caring, and capable of thinking critically, solving problems, communicating effectively, and functioning as a contributing member of society. ( l ) The education climate in the public schools of the state, as measured by overcrowded schools, absenteeism, increasing substance and alcohol abuse, school violence, sporadic parental involvement, dropouts, and other indicators, suggests that the state is in immediate need of learning supports. (m) A learning support system needs to be developed at every school to ensure that pupils have essential support for learning, from kindergarten to high school. (n) A learning support system should encompass school-based and school-linked activities designed to enable teachers to teach and pupils to learn. It should include a continuum of interventions that promote learning and development, prevent and respond early after the onset of problems, and provide correctional and remedial programs and services. In the aggregate, a learning support system should create a supportive and respectful learning environment at each school. (o) A learning support system is a primary and essential component at every school, designed to support learning and provide each pupil with an equal opportunity to succeed at school. The learning support system should be fully integrated into all school improvement efforts. (p) The State Department of Education, other state agencies, local school districts, and local communities all devote resources to addressing learning barriers and promoting healthy development. Too often these resources are deployed in a fragmented, duplicative, categorical manner that results in misuse of sparse resources and failure to reach all the pupils and families in need of support. A learning support system will provide a unifying concept and context for linking with other organizations and agencies as needed and can be a focal point for braiding school and community resources into a comprehensive, multifaceted, and cohesive component at every school. (q) It is the intent of the Legislature that the Comprehensive Pupil Learning Support System (CPLSS) be fully integrated with other efforts to improve instruction and focuses on maximizing the use of resources at individual schools and at the district level. Collaborative arrangements with community resources shall be developed with a view to filling any gaps in CPLSS components. SEC. 2. Chapter 6.4 (commencing with Section 52060) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 6.4. COMPREHENSIVE PUPIL LEARNING SUPPORT SYSTEM 52060. (a) There is hereby established the Comprehensive Pupil Learning Support System (CPLSS). The CPLSS shall be implemented with existing personnel and program resources, without the need for additional or new appropriations. (b) It is the intent of the Legislature in establishing the CPLSS to provide all pupils with a support system to ensure that they will be productive and responsible learners and citizens. It is further the intent of the Legislature that the CPLSS ensure that pupils have an equal opportunity to succeed at school and to do so in a supportive, caring, respectful, and safe learning environment. (c) These goals shall be accomplished by involving pupils, teachers, pupil support professionals, family members, and other school and community stakeholders in the development, daily implementation, monitoring, and maintenance of a learning support system at every school and by braiding together the human and financial resources of relevant public and private agencies. 52061. The department shall facilitate the establishment of the CPLSS by doing all of the following: (a) Developing standards and strategic procedures to guide the establishment of the CPLSS component at each school. (b) Providing ongoing technical assistance, leadership training, and other capacity-building supports. (c) Rethinking the roles of pupil services personnel and other support staff for pupils and integrating their responsibilities into the educational program in a manner that meets the needs of pupils, teachers, and other educators. (d) Detailing procedures for establishing infrastructure mechanisms between schools and school districts. (e) Coordinating with other state agencies that can play a role in strengthening the CPLSS. (f) Ensuring that the CPLSS is integrated within the organization of the department in a manner that reflects the school action plans developed by schools pursuant to subdivision (a) of Section 52062. (g) Enhancing collaboration with state agencies and other relevant resources to facilitate local collaboration and braiding of resources. (h) Including an assessment of the CPLSS of each school in all future school reviews and accountability reports. 52062. (a) Each elementary, middle, and high school shall develop a CPLSS component by developing a school action plan based on the guidelines developed by the department pursuant to Section 52061. (b) Each school action plan shall be developed with the purpose of doing all of the following: (1) Enhance the capacity of teachers to address problems, engage and reengage pupils in classroom learning, and foster social, emotional, intellectual, and behavioral development. The component of the school action plan required by this paragraph shall emphasize ensuring that teacher training and assistance include strategies for better addressing learning, behavior, and emotional problems within the context of the classroom. Interventions may include, but not be limited to, all of the following: (A) Interventions that address a greater range of pupil problems within the classroom through an increased emphasis on strategies for positive social and emotional development, problem prevention, and accommodation of differences in the motivation and capabilities of pupils. (B) Classroom management that emphasizes reengagement of pupils in classroom learning and minimizes over reliance on social control strategies. (C) Collaboration with pupil support staff and the home in providing additional assistance to foster enhanced responsibility, problem solving, resilience, and effective engagement in classroom learning. (2) Interventions that enhance the capacity of schools to handle transition concerns confronting pupils and their families. The component of the school action plan required by this paragraph shall emphasize ensuring that systems and programs are established to provide supports for the many transitions pupils, their families, and school staff encounter. Interventions may include, but are not limited to, all of the following: (A) Welcoming and social support programs for newcomers. (B) Before, during, and after school programs to enrich learning and provide safe recreation. (C) Articulation programs to support grade transitions. (D) Interventions that address transition concerns related to vulnerable populations, including, but not limited to, those in homeless education, migrant education, and special education programs. (E) Vocational and college counseling and school-to-career programs. (F) Support in moving to postschool living and work. (G) Outreach programs to reengage truants and dropouts in learning. (3) Respond to, minimize the impact of, and prevent crisis. The component of the school action plan required by this paragraph shall emphasize ensuring that systems and programs are established for emergency, crisis, and followup responses and for preventing crises at a school and throughout a complex of schools. Interventions may include, but are not limited to, all of the following: (A) Establishment of a crisis team to ensure immediate response when emergencies arise, and to provide aftermath assistance as necessary and appropriate so that pupils are not unduly delayed in reengaging in learning. (B) Schoolwide and school-linked prevention programs to enhance safety at school and to reduce violence, bullying, harassment, abuse, and other threats to safety in order to ensure a supportive and productive learning environment. (C) Classroom curriculum approaches focused on preventing crisis events, including, but not limited to, violence, suicide, and physical or sexual abuse. (4) Enhance home involvement. The component of the school action plan required by this paragraph shall emphasize ensuring there are systems, programs, and contexts established that lead to greater involvement to support the progress of pupils with learning, behavior, and emotional problems. Interventions may include, but are not limited to, all of the following: (A) Interventions that address specific needs of the caretakers of a pupil, including, but not limited to, providing ways for them to enhance literacy and job skills and meet their basic obligations to the children in their care. (B) Interventions for outreaching and reengaging homes that have disengaged from school involvement. (C) Improved systems for communication and connection between home and school. (D) Improved systems for home involvement in decisions and problem solving affecting the pupil. (E) Enhanced strategies for engaging the home in supporting the basic learning and development of their children to prevent or at least minimize learning, behavior, and emotional problems. (5) Outreach to the community in order to build linkages. The component of the school action plan required by this paragraph shall emphasize ensuring that there are systems and programs established to provide outreach to, and engage strategically with, public and private community resources to support learning at school of pupils with learning, behavior, and emotional problems. Interventions may include, but are not limited to, all of the following: (A) Training, screening, and maintaining volunteers and mentors to assist school staff in enhancing pupil motivation and capability for school learning. (B) Job shadowing and service learning programs to enhance the expectations of pupils for postgraduation opportunities. (C) Interventions that enhance limited school resources through linkages with community resources, including, but not limited to, libraries, recreational facilities, and postsecondary education institutions. (D) Interventions that enhance community and school connections to heighten a sense of community. (6) Provide special assistance for pupils and families as necessary. The component of the school action plan required by this paragraph shall ensure that there are systems and programs established to provide or connect with direct services when necessary to address barriers to the learning of pupils at school. Interventions may include, but are not limited to, all of the following: (A) Special assistance for teachers in addressing the problems of specific individuals. (B) Processing requests and referrals for special assistance, including, but not limited to, counseling or special education. (C) Interventions that ensure effective case and resource management when pupils are receiving direct services. (D) Connecting with community service providers to fill gaps in school services and enhance access for referrals. (c) The development, implementation, monitoring, and maintenance of the school action plan shall include, but not be limited to, all of the following components: (1) Ensuring effective school mechanisms for assisting individuals and families with family decisionmaking and timely, coordinated, and monitored referrals to school and community services when indicated. (2) Creating a mechanism for an administrative leader, support staff for pupils, and other stakeholders to work collaboratively at each school with a focus on strengthening the school action plan. (3) Establishing a plan for capacity building and regular support for all stakeholders involved in addressing barriers to learning and promoting healthy development. (4) Complying with the guidelines developed by the department pursuant to Section 52061. (5) Establishing accountability reviews. (6) Minimizing duplication and fragmentation between school programs. (7) Preventing problems and providing a safety net of early intervention. (8) Responding to pupil and staff problems in a timely manner. (9) Connecting with a wide range of school and community stakeholder resources. (10) Recognizing and responding to the changing needs of all pupils while promoting the success and well-being of each pupil and staff member. (11) Creating a supportive, caring, respectful, and safe learning environment. 52063. Each school shall integrate the CPLSS school action plan with other programs to improve instruction. Each school shall focus on maximizing its use of available resources at the individual school level and the school district level in order to implement this program. The school action plan shall be integrated into any existing school improvement plans and shall reflect all of the following: (a) School policies, goals, guidelines, priorities, activities, procedures, and outcomes relating to the implementation of the CPLSS. (b) Effective leadership and staff roles and functions for the CPLSS. (c) A thorough infrastructure for the CPLSS. (d) Appropriate resource allocation. (e) Integrated school-community collaboration. (f) Regular capacity-building activity. (g) Delineated standards, quality and accountability indicators, and data collection procedures. 52064. (a) For the purposes of this section, "complex of schools" means a group of elementary, middle, or high schools, associated with one another due to the natural progression of attendance linking the schools. (b) To ensure that the CPLSS is developed cohesively, efficiently uses community resources, and capitalizes on economies of scale, CPLSS infrastructure mechanisms shall be established at the school and district level. (c) Complexes of schools are encouraged to designate a pupil support staff member to facilitate a family complex CPLSS team consisting of representatives from each participating school. (d) Each school district shall establish mechanisms designed to build the capacity of CPLSS components at each school, including, but not limited to, providing technical assistance and training for the establishment of effective CPLSS components. 52065. (a) The department shall evaluate the success of the CPLSS component of each school according to the following criteria: (1) Improved systems for promoting prosocial pupil behavior and the well-being of staff and pupils, preventing problems, intervening early after problems arise, and providing specialized assistance to pupils and families. (2) Increasingly supportive, caring, respectful, and safe learning environments at schools. (3) Enhanced collaboration between the school and community. (4) The integration of the CPLSS component with all other school improvement plans. (5) Fewer inappropriate referrals of pupils to special education programs or other special services. (b) The department shall consider all of the following in evaluating the success of the CPLSS component: (1) Pupil attendance. (2) Pupil grades. (3) Academic performance. (4) Pupil behavior. (5) Home involvement. (6) Teacher retention. (7) Graduation rates. (8) Literacy development. (9) Other indicators required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and included in the California Healthy Kids Survey. SEC. 3. A local educational agency shall use funds made available pursuant to Title I of the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) for the purposes of implementing this act. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.