California Assembly Bill AB2380 Amended / Bill

 BILL NUMBER: AB 2380AMENDED BILL TEXT AMENDED IN SENATE AUGUST 21, 2014 AMENDED IN SENATE AUGUST 19, 2014 AMENDED IN ASSEMBLY MAY 23, 2014 AMENDED IN ASSEMBLY MAY 1, 2014 AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Weber FEBRUARY 21, 2014 An act to amend Section 64001 of the Education Code, relating to school plans. LEGISLATIVE COUNSEL'S DIGEST AB 2380, as amended, Weber. School plans: consolidated application for categorical programs: single plan for pupil achievement. Existing law requires a school district that elects to apply for certain state and federal categorical program funds to submit to the State Department of Education a single consolidated application, referencing a duly adopted single plan for pupil achievement, for approval by the State Board of Education. Related onsite school and district compliance visits and reviews are conducted by the department. Existing law requires a single plan for pupil achievement to be reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups to include proposed expenditure of funds allocated to the school through the consolidated application. Existing law requires the Superintendent of Public Instruction to establish the process and frequency for conducting reviews of district achievement and compliance with state and federal categorical program requirements. This bill would add to these provisions references to programs funded through the local control funding formula and to districtwide advisory committees on bilingual education. The bill would no longer authorize a specified action plan to satisfy the requirements of a single plan for pupil achievement. The bill would require school districts to develop local control and accountability plans and annual updates in consultation with schoolsite level advisory groups and ensure that the local control and accountability plan and its specific actions are consistent with, and reflective of, the goals and plans of schoolsites. The bill would require the department, if it makes materials or information available to school districts to assist them in the development of their single plan for pupil achievement, to ensure that all materials and information emphasize that the plan be consistent with and, to the extent possible, support the goals and outcomes specified in the school district's local control and accountability plan. The bill would require, when a single plan for pupil achievement is being reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups to additionally include alignment with the school district's local control and accountability plan and a minimization of the duplication of efforts. The bill would also make conforming and other nonsubstantive changes.  This bill would incorporate additional changes to Section 64001 of the Education Code proposed by AB 2384 that would become operative if this bill and AB 2384 are both enacted and this bill is enacted last.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 64001 of the Education Code is amended to read: 64001. (a) (1) Notwithstanding any other law, a school district shall not be required to submit to the department, as part of the consolidated application, a school plan for categorical programs that are subject to this part. A school district shall ensure, in the consolidated application, that the single plan for pupil achievement established pursuant to subdivision (d) has been prepared in accordance with law, that schoolsite councils have developed and approved a plan, to be known as the single plan for pupil achievement, for schools participating in programs funded through the consolidated application process and through the local control funding formula established pursuant to Section 42238.02, and any other school program they choose to include, and that school plans were developed with the review, certification, and advice of applicable school advisory committees, including advisory committees established pursuant to Section 52176. The single plan for pupil achievement may also be referred to as the single plan for student achievement. The consolidated application shall also include certifications by appropriate school district advisory committees, including advisory committees established pursuant to Section 52176, that the application was developed with the review and advice of those committees. (2) If a consolidated application does not include the necessary certifications or assurances, the department shall initiate an investigation to determine whether the consolidated application and single plan for pupil achievement were developed in accordance with law and with the involvement of applicable advisory committees, including advisory committees established pursuant to Section 52176, and schoolsite councils. (b) Onsite school and district compliance reviews of categorical programs shall continue, and school plans shall be required and reviewed as part of these onsite visits and compliance reviews. The Superintendent shall establish the process and frequency for conducting reviews of school district achievement and compliance with state and federal categorical program requirements. In addition, the Superintendent shall establish the content of these instruments, including any criteria for differentiating these reviews based on the achievement of pupils, as demonstrated by the Academic Performance Index developed pursuant to Section 52052, and evidence of school district compliance with state and federal law. The state board shall review the content of these instruments for consistency with state board policy. If the department makes materials or information available to school districts to assist them in the development of their single plan for pupil achievement, the department shall ensure that all materials and information emphasize that the plan be consistent with and, to the extent possible, support the goals and outcomes specified in the school district's local control and accountability plan, required pursuant to Section 52060. (c) (1) A school district shall submit school plans whenever the department requires the plans in order to effectively administer any categorical program subject to this part. The department may require submission of the school plan for any school that is the specific subject of a complaint involving any categorical program or service subject to this part. (2) The department may require a school district to submit other data or information as may be necessary for the department to effectively administer any categorical program subject to this part. (d) (1) Notwithstanding any other law, as a condition of receiving funding for a categorical program pursuant to Section 64000, and instead of the information submission requirements that were required by this section before January 1, 2002, a school district shall ensure that each school in its jurisdiction that operates categorical programs subject to this part consolidates the plans that are required by those programs into a single plan. Schools may consolidate any plans that are required by federal programs subject to this part into this plan, unless otherwise prohibited by federal law. That plan shall be known as the single plan for pupil achievement or may be referred to as the single plan for student achievement. (2) To facilitate the alignment of required activities and avoid the duplication of effort, as referenced in Sections 52063 and 52064 with respect to school plans, local control and accountability plans, and federal law, a school district shall develop the local control and accountability plan and annual updates in consultation with schoolsite level advisory groups and ensure that the local control and accountability plan and its specific actions are consistent with, and reflective of, the goals and plans of schoolsites. (e) Notwithstanding any other law, the content of a single plan for pupil achievement shall be aligned with school goals for improving pupil achievement. School goals shall be based upon an analysis of verifiable state data, including the Academic Performance Index developed pursuant to Section 52052 and the English language development test developed pursuant to Section 60810, and may include any data voluntarily developed by school districts to measure pupil achievement. The single plan for pupil achievement shall, at a minimum, address how moneys provided to the school through any of the sources identified in Section 64000 will be used to improve the academic performance of all pupils to the level of the performance goals, as established by the Academic Performance Index developed pursuant to Section 52052. The plan shall also identify the schools' means of evaluating progress toward accomplishing those goals and how state and federal law governing these programs will be implemented. The plan shall also align with the school district's goals for unduplicated pupils in the state and local priority areas identified pursuant to Section 52060. (f) (1) The plan required by this section shall be reviewed annually and updated by the schoolsite council or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups that conform to the requirements of Section 52852, to include, but not be limited to, both of the following: (A) Proposed expenditures of funds allocated to the school through the consolidated application. (B) Alignment with the school district's local control and accountability plan and a minimization of the duplication of efforts. (2) The plan shall be approved by the governing board of the school district at a regularly scheduled meeting whenever there are material changes that affect the academic programs for pupils covered by programs identified in Section 64000. (g) The school plan and subsequent revisions shall be reviewed and approved by the governing board of the school district. The governing board of the school district shall certify that, to the extent allowable under federal law, plans developed for purposes of this section are consistent with district local improvement plans that are required as a condition of receiving federal funding. (h) This section does not prevent a school district, at its discretion, from conducting an independent review pursuant to subdivision (c) of this section as it read on January 1, 2001.  SEC. 1.5.   Section 64001 of the   Education Code   is amended to read:  64001. (a)  (1)    Notwithstanding any other  provision of  law,  a  school  districts   district  shall not be required to submit to the department, as part of the consolidated application,  a school  plans   plan  for categorical programs  that are  subject to this part.  School districts shall assure,   A school district shall ensure, in the consolidated application, that the  Single Plan for Pupil Achievement   single plan for pupil achievement  established pursuant to subdivision (d) has been prepared in accordance with law, that schoolsite councils have developed and approved a plan, to be known as the  Single Plan for Pupil Achievement   single plan for pupil achievement,  for schools participating in programs funded through the consolidated application  process,   process  and through the local control funding formula established pursuant to Section 42238.02, and  any other school program they choose to include, and that school plans were developed with the review, certification, and advice of  any applicable school advisory  committees. The Single Plan for Pupil Achievement   committees, including advisory committees established pursuant to Section 52176. The single plan for pupil achievement  may also be referred to as the  Single Plan for Student Achievement.   single plan for student achievement.  The consolidated application shall also include certifications by appropriate  school  district advisory  committees   committees, including advisory committees established pursuant to Section 52176,  that the application was developed with  the  review and advice of those committees.  For any   (2)     If a  consolidated application  that  does not include the necessary certifications or assurances, the department shall initiate an investigation to determine whether the consolidated application and  Single Plan for Pupil Achievement   single plan for pupil   achievement  were developed in accordance with law and with the involvement of applicable advisory  committees   committees, including advisory committees established pursuant to Section 52176,  and schoolsite councils. (b) Onsite school and district compliance reviews of categorical programs shall continue, and school plans shall be required and reviewed as part of these onsite visits and compliance reviews. The Superintendent shall establish the process and frequency for conducting reviews of  school  district achievement and compliance with state and federal categorical program requirements. In addition, the Superintendent  of Public Instruction  shall establish the content of these instruments, including any criteria for differentiating these reviews based on the achievement of pupils, as demonstrated by the Academic Performance Index developed pursuant to Section 52052, and evidence of  school  district compliance with state and federal law. The state board shall review the content of these instruments for consistency with state board policy.  If the department makes materials or information available to school districts to assist them in the development of their single plan for pupil achievement, the department shall ensure that all materials and information emphasize that the plan be consistent with and, to the extent possible, support the goals and outcomes specified in the school district's local control and accountability plan, required pursuant to Section 52060.  (c)  (1)    A school district shall submit school plans whenever the department requires the plans in order to effectively administer any categorical program subject to this part. The department may require submission of the school plan for any school that is the specific subject of a complaint involving any categorical program or service subject to this part.  The   (2)     The  department may require a school district to submit other data or information as may be necessary for the department to effectively administer any categorical program subject to this part. (d) (1)    Notwithstanding any other  provision of  law, as a condition of receiving  state  funding for a categorical program pursuant to Section 64000, and  in lieu   instead  of the information submission requirements that were  previously  required by this section  prior to the amendments that added this subdivision and subdivisions (e) to (i), inclusive, school districts   before January 1, 2002, a school district  shall ensure that each school in  a district   its jurisdiction  that operates  any  categorical programs subject to this part consolidates  any   the  plans that are required by those programs into a single plan. Schools may consolidate any plans that are required by federal programs subject to this part into this plan, unless otherwise prohibited by federal law. That plan shall be known as the  Single Plan for Pupil Achievement   single plan for pupil achievement  or may be referred to as the  Single Plan for Student Achievement.   single plan for student achievement.   (e) Plans developed pursuant to subdivision (d) of Section 52054, and Section 6314 and following of Title 20 of the United States Code, shall satisfy this requirement.   (2) To facilitate the alignment of required activities and avoid the duplication of effort, as referenced in Sections 52063 and 52064 with respect to school plans, local control and accountability plans, and federal law, a school district shall develop the local control and accountability plan and annual updates in consultation with schoolsite level advisory groups and shall ensure that the local control and accountability plan and its specific actions are consistent with, and reflective of, the goals and plans of schoolsites.   (f)   (e)  Notwithstanding any other  provision of  law, the content of a  Single Plan for Pupil Achievement   single plan for pupil achievement  shall be aligned with school goals for improving pupil achievement. School goals shall be based upon an analysis of verifiable state data, including the Academic Performance Index developed pursuant to Section 52052 and the English  Language Development   language development  test developed pursuant to Section 60810, and may include any data voluntarily developed by  school  districts to measure pupil achievement. The  Single Plan for Pupil Achievement   single plan for pupil   achievement  shall, at a minimum, address how  funds   moneys  provided to the school through any of the sources identified in Section 64000 will be used to improve the academic performance of all pupils to the level of the performance goals, as established by the Academic Performance Index developed pursuant to Section 52052. The plan shall also identify the schools' means of evaluating progress toward accomplishing those goals and how state and federal law governing these programs will be implemented.  The plan shall also align with the school district' s goals for unduplicated pupils in the state and local priority areas identified pursuant to Section 52060.   (g)   (f)   (1)    The plan required by this section shall be reviewed annually and  updated, including proposed expenditure of funds allocated to the school through the consolidated application,   updated  by the schoolsite  council,   council  or, if the school does not have a schoolsite council, by schoolwide advisory groups or school support groups that conform to the requirements of Section  52852. The plans shall be reviewed and approved by the governing board of the local education agency at a regularly scheduled meeting whenever there are material changes that affect the academic programs for students covered by programs identified in Section 64000.   52781 or 52852, to include, but not be limited to, both of the following:   (A) Proposed expenditures of funds allocated to the school through the consolidated application.   (B) Alignment with the school district's local control and accountability plan and a minimization of the duplication of efforts.   (2) The plan shall be approved by the governing board of the school district at a regularly scheduled meeting whenever there are material changes that affect the academic programs for pupils covered by programs identified in Section 64000.   (h)   (g)  The school plan and subsequent revisions shall be reviewed and approved by the governing board of the school district.  School district governing boards   The governing board of the school district  shall certify that, to the extent allowable under federal law, plans developed for purposes of this section are consistent with district local improvement plans that are required as a condition of receiving federal funding.  (i) Nothing in this act may be construed to   (   h)     This section does not  prevent a school district, at its discretion, from conducting an independent review pursuant to subdivision (c) of  Section 64001 as that section   this section as it  read on January 1, 2001.  SEC. 2.   Section 1.5 of this bill incorporates amendments to Section 64001 of the Education Code proposed by both this bill and Assembly Bill 2384. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 64001 of the Education Code, and (3) this bill is enacted after Assembly Bill 2384, in which case Section 1 of this bill shall not become operative.