Amended IN Assembly April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1912Introduced by Assembly Member Mia Bonta(Coauthor: Assembly Member Wicks)February 09, 2022An act to amend Item 6100-488 of Section 2.00 of the Budget Act of 2021 (Chapter 21 of the Statutes of 2021), relating to education finance, making an appropriation therefor, add Section 41329 to the Education Code, relating to emergency apportionments, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 1912, as amended, Mia Bonta. Education finance: Oakland Unified School District: contingent funding. Emergency apportionments: closure and consolidation requirements.Existing law authorizes the governing board of a school district, if it determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations, to request an emergency apportionment through the Superintendent of Public Instruction, as provided. Existing law imposes certain conditions and requirements on a school district that accepts an emergency apportionment, including, among others, that the governing board of the school district prepare a report on the financial condition of the school district. Existing law requires the report to include, among other things, specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions.This bill would require a school district under financial distress, as defined, before approving the closure or consolidation of a school, to conduct an equity impact analysis in its consideration of school closures or consolidations. The bill would require the governing board of the school district to develop a set of metrics, as specified, for the development of the equity impact analysis, and to make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis, as provided. The bill would prohibit the final recommendation for school closures or consolidations from contradicting the findings of the equity impact analysis. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would provide that its provisions do not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.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.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would declare that it is to take effect immediately as an urgency statute.The Budget Act of 2021 reappropriates $10,008,000 to the Superintendent of Public Instruction for allocation to the Oakland Unified School District, but makes disbursement of those funds continent upon completion of (1) affirmative action by the governing board of the school district to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property, (2) the filing of a certain required audit for 2020 by no later than December 15, 2021, and (3) affirmative action by the governing board of the school to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.This bill would reappropriate that $10,008,000 and instead make disbursement contingent upon the school districts commitment to undertake those actions by the end of the 202324 fiscal year, thereby making an appropriation. Additionally, for purposes of the required school and facility closure and consolidation plan, the bill would specify that the planning requirement does not require board action to close any school or facility as a precondition for disbursement. The bill would also specifically authorize the school district, in the event that there are schools recommended for consolidation or closure, to take into consideration other planned closures of schools, including charter schools, in the area, as specified.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: YESNO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 41329 is added to the Education Code, immediately following Section 41328, to read:41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:(A) The condition of a school facility.(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.(C) The capacity of a school to accommodate excess pupils.(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.(G) Transportation needs of pupils.(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:(i) Factors used to identify the list of school closures or consolidations.(ii) Equity impact analysis findings for each school closure or consolidation.(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.(iii) The information shall include all of the following:(I) The date of the approved closure or consolidation.(II) The pupils new school assignment, as applicable.(III) School district resources for pupils and parents to support the pupils transition.(IV) School district contacts for additional information.(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.SEC. 2. 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.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools, it is necessary for this act to take effect immediately.SECTION 1.(a)The Legislature finds and declares all of the following:(1)The Oakland Unified School District community, students, and parents are still dealing with the daily impacts of the pandemic.(2)Given the heightened physical, mental health, and learning needs of students during this unprecedented pandemic, it is critical that children remain connected to their school communities and the surrounding supportive systems, including meals and school-based health centers.(3)Due to its difficult fiscal situation of long-term declining enrollment and chronic absenteeism combined with attendance-based funding, which has only been compounded by the pandemic, the Alameda County Office of Education sent a letter to the Oakland Unified School District noting a lack of going concern, and in response the Oakland Unified School District is considering the closure or merger of up to 14 schools.(4)The push to close schools has been impacted by prior state legislation, Assembly Bill 1840 of the 201718 Regular Session (Chapter 426 of the Statutes of 2018) and Assembly Bill 128 of the 202122 Regular Session (Chapter 21 of the Statues of 2021), which provided partial relief to the Oakland Unified School Districts budget deficit.(5)There is growing, broad, and deep concern within the city, community, students, educators, and governing board members that the extent of these closures17 percent of district schools over two yearsamidst a pandemic will have a grave impact on student outcomes within the school system.(6)The majority of schools proposed for consolidation have either a plurality or majority of African American students, while only 21 percent of students in the Oakland Unified School District identify as African American, indicating a disproportionate impact of school closures on Oaklands African American community.(7)The Oakland Unified School District governing board and superintendent have worked diligently to put forward a plan that will move the district toward long-term fiscal solvency, which will include school consolidations, and have made every indication that they will continue to act accordingly.(b)It is the intent of the Legislature in enacting this legislation to do all of the following:(1)Give the Oakland Unified School District additional time and resources as they implement a plan to stabilize the school districts fiscal health, through authorizing the release of funds previously budgeted for in Assembly Bill 128 of the 202122 Regular Session (Chapter 21 of the Statutes of 2021).(2)Mitigate the disruptions to students associated with accelerated school closure that would compound existing challenges for students related to the pandemic.(3)Allow for the Oakland Unified School District to account for the total number of students enrolled in schools within the City of Oakland, and coordinate with charter schools that are also experiencing declining enrollment, to ensure student needs are met.SEC. 2.Item 6100-488 of Section 2.00 of the Budget Act of 2021 is amended to read:6100-488Reappropriation, State Department of Education. Notwithstanding any other law, the balances from the following appropriations are available for reappropriation for the purposes specified in Provisions 2 to 6, inclusive:0001General Fund(1)$878,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in Schedule (1) of Item 6100-149-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(2)$556,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(3)$296,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(4)$2,230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Child Development, Quality Rating Improvement System Grants in Schedule (2) of Item 6100-196-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(5)$1,467,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Program for Individuals with Exceptional Needs in Schedule (3) of Item 6100-161-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(6)$3,285,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(7)$5,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education in Schedule (1) of Item 6100-150-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(8)$15,527,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California Student Assessment System in Schedule (3) of Item 6100-113-0001 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)(9)$17,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001 of the Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(10)$198,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California-Growth Fresh School Meals Grant Program of Section 135 of Chapter 32 of the Statutes of 2018(11)$230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(12)$324,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative in Schedule (1) of Item 6100-170-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(13)$7,500,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the State Preschool-Local Education Agencies in Schedule (1) of Item 6100-196-0001 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)(14)$80,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative in Schedule (1) of Item 6100-170-0001, Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)Provisions:1.The sum of $7,326,000 is hereby reappropriated to the State Department of Education (SDE) to support the existing California Early Math Initiative as established by Provision 3 of Item 6100-195-0890 of the Budget Act of 2018 (Ch. 840, Stats. 2018). These funds shall be available through June 30, 2024, for the Fresno County Office of Education to continue to administer the California Early Math Initiative consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. The SDE shall complete the transfer of funds to the Fresno County Office of Education no later than December 1, 2021.2.The sum of $10,008,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Oakland Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Oakland Unified School Districts commitment to undertake all of the following by the end of 202324 fiscal year:(a)Affirmative action by the governing board to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property. This subdivision does not require action to close any school or facility as a precondition for funds to be disbursed. In the event that there are schools of the district recommended for consolidation or closure, the district may take into consideration other planned closures of schools, including charter schools, in the area and whether those closures would have an increased enrollment, static enrollment, or declining enrollment effect on the proposed consolidation or closure of a school in the district that is less than the rate of overall declining enrollment in the district. In those instances, the district may consider not including those schools as part of its school and facility closure and consolidation plan.(b)The required annual audit for 2020 filed no later than December 15, 2021.(c)Affirmative board action to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.3.The sum of $924,000 is hereby reappropriated to the State Department of Education for invoice costs associated with administering the English language proficiency assessment during the 2019-20 school year.4.The sum of $515,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the English language proficiency assessment.5.The sum of $195,000 is hereby appropriated to the State Department of Education for contract costs associated with conducting an alignment study for the Summative English language proficiency assessment to demonstrate that it is aligned to the 2012 English Language Development Standards.6.The sum of $13,625,000 is hereby reappropriated to the Superintendent of Public Instruction for the California Community Schools Partnership Program pursuant to the provisions specified in the 2021 Education Omnibus Trailer Bill for this purpose.SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools in the Oakland Unified School District, it is necessary for this act to take effect immediately.
Amended IN Assembly April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1912Introduced by Assembly Member Mia Bonta(Coauthor: Assembly Member Wicks)February 09, 2022An act to amend Item 6100-488 of Section 2.00 of the Budget Act of 2021 (Chapter 21 of the Statutes of 2021), relating to education finance, making an appropriation therefor, add Section 41329 to the Education Code, relating to emergency apportionments, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 1912, as amended, Mia Bonta. Education finance: Oakland Unified School District: contingent funding. Emergency apportionments: closure and consolidation requirements.Existing law authorizes the governing board of a school district, if it determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations, to request an emergency apportionment through the Superintendent of Public Instruction, as provided. Existing law imposes certain conditions and requirements on a school district that accepts an emergency apportionment, including, among others, that the governing board of the school district prepare a report on the financial condition of the school district. Existing law requires the report to include, among other things, specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions.This bill would require a school district under financial distress, as defined, before approving the closure or consolidation of a school, to conduct an equity impact analysis in its consideration of school closures or consolidations. The bill would require the governing board of the school district to develop a set of metrics, as specified, for the development of the equity impact analysis, and to make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis, as provided. The bill would prohibit the final recommendation for school closures or consolidations from contradicting the findings of the equity impact analysis. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would provide that its provisions do not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.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.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would declare that it is to take effect immediately as an urgency statute.The Budget Act of 2021 reappropriates $10,008,000 to the Superintendent of Public Instruction for allocation to the Oakland Unified School District, but makes disbursement of those funds continent upon completion of (1) affirmative action by the governing board of the school district to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property, (2) the filing of a certain required audit for 2020 by no later than December 15, 2021, and (3) affirmative action by the governing board of the school to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.This bill would reappropriate that $10,008,000 and instead make disbursement contingent upon the school districts commitment to undertake those actions by the end of the 202324 fiscal year, thereby making an appropriation. Additionally, for purposes of the required school and facility closure and consolidation plan, the bill would specify that the planning requirement does not require board action to close any school or facility as a precondition for disbursement. The bill would also specifically authorize the school district, in the event that there are schools recommended for consolidation or closure, to take into consideration other planned closures of schools, including charter schools, in the area, as specified.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: YESNO Fiscal Committee: YES Local Program: NOYES
Amended IN Assembly April 18, 2022
Amended IN Assembly April 18, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1912
Introduced by Assembly Member Mia Bonta(Coauthor: Assembly Member Wicks)February 09, 2022
Introduced by Assembly Member Mia Bonta(Coauthor: Assembly Member Wicks)
February 09, 2022
An act to amend Item 6100-488 of Section 2.00 of the Budget Act of 2021 (Chapter 21 of the Statutes of 2021), relating to education finance, making an appropriation therefor, add Section 41329 to the Education Code, relating to emergency apportionments, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1912, as amended, Mia Bonta. Education finance: Oakland Unified School District: contingent funding. Emergency apportionments: closure and consolidation requirements.
Existing law authorizes the governing board of a school district, if it determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations, to request an emergency apportionment through the Superintendent of Public Instruction, as provided. Existing law imposes certain conditions and requirements on a school district that accepts an emergency apportionment, including, among others, that the governing board of the school district prepare a report on the financial condition of the school district. Existing law requires the report to include, among other things, specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions.This bill would require a school district under financial distress, as defined, before approving the closure or consolidation of a school, to conduct an equity impact analysis in its consideration of school closures or consolidations. The bill would require the governing board of the school district to develop a set of metrics, as specified, for the development of the equity impact analysis, and to make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis, as provided. The bill would prohibit the final recommendation for school closures or consolidations from contradicting the findings of the equity impact analysis. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would provide that its provisions do not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.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.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would declare that it is to take effect immediately as an urgency statute.The Budget Act of 2021 reappropriates $10,008,000 to the Superintendent of Public Instruction for allocation to the Oakland Unified School District, but makes disbursement of those funds continent upon completion of (1) affirmative action by the governing board of the school district to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property, (2) the filing of a certain required audit for 2020 by no later than December 15, 2021, and (3) affirmative action by the governing board of the school to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.This bill would reappropriate that $10,008,000 and instead make disbursement contingent upon the school districts commitment to undertake those actions by the end of the 202324 fiscal year, thereby making an appropriation. Additionally, for purposes of the required school and facility closure and consolidation plan, the bill would specify that the planning requirement does not require board action to close any school or facility as a precondition for disbursement. The bill would also specifically authorize the school district, in the event that there are schools recommended for consolidation or closure, to take into consideration other planned closures of schools, including charter schools, in the area, as specified.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the governing board of a school district, if it determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations, to request an emergency apportionment through the Superintendent of Public Instruction, as provided. Existing law imposes certain conditions and requirements on a school district that accepts an emergency apportionment, including, among others, that the governing board of the school district prepare a report on the financial condition of the school district. Existing law requires the report to include, among other things, specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions.
This bill would require a school district under financial distress, as defined, before approving the closure or consolidation of a school, to conduct an equity impact analysis in its consideration of school closures or consolidations. The bill would require the governing board of the school district to develop a set of metrics, as specified, for the development of the equity impact analysis, and to make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis, as provided. The bill would prohibit the final recommendation for school closures or consolidations from contradicting the findings of the equity impact analysis. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would provide that its provisions do not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.
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.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
The Budget Act of 2021 reappropriates $10,008,000 to the Superintendent of Public Instruction for allocation to the Oakland Unified School District, but makes disbursement of those funds continent upon completion of (1) affirmative action by the governing board of the school district to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property, (2) the filing of a certain required audit for 2020 by no later than December 15, 2021, and (3) affirmative action by the governing board of the school to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.
This bill would reappropriate that $10,008,000 and instead make disbursement contingent upon the school districts commitment to undertake those actions by the end of the 202324 fiscal year, thereby making an appropriation. Additionally, for purposes of the required school and facility closure and consolidation plan, the bill would specify that the planning requirement does not require board action to close any school or facility as a precondition for disbursement. The bill would also specifically authorize the school district, in the event that there are schools recommended for consolidation or closure, to take into consideration other planned closures of schools, including charter schools, in the area, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 41329 is added to the Education Code, immediately following Section 41328, to read:41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:(A) The condition of a school facility.(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.(C) The capacity of a school to accommodate excess pupils.(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.(G) Transportation needs of pupils.(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:(i) Factors used to identify the list of school closures or consolidations.(ii) Equity impact analysis findings for each school closure or consolidation.(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.(iii) The information shall include all of the following:(I) The date of the approved closure or consolidation.(II) The pupils new school assignment, as applicable.(III) School district resources for pupils and parents to support the pupils transition.(IV) School district contacts for additional information.(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.SEC. 2. 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.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools, it is necessary for this act to take effect immediately.SECTION 1.(a)The Legislature finds and declares all of the following:(1)The Oakland Unified School District community, students, and parents are still dealing with the daily impacts of the pandemic.(2)Given the heightened physical, mental health, and learning needs of students during this unprecedented pandemic, it is critical that children remain connected to their school communities and the surrounding supportive systems, including meals and school-based health centers.(3)Due to its difficult fiscal situation of long-term declining enrollment and chronic absenteeism combined with attendance-based funding, which has only been compounded by the pandemic, the Alameda County Office of Education sent a letter to the Oakland Unified School District noting a lack of going concern, and in response the Oakland Unified School District is considering the closure or merger of up to 14 schools.(4)The push to close schools has been impacted by prior state legislation, Assembly Bill 1840 of the 201718 Regular Session (Chapter 426 of the Statutes of 2018) and Assembly Bill 128 of the 202122 Regular Session (Chapter 21 of the Statues of 2021), which provided partial relief to the Oakland Unified School Districts budget deficit.(5)There is growing, broad, and deep concern within the city, community, students, educators, and governing board members that the extent of these closures17 percent of district schools over two yearsamidst a pandemic will have a grave impact on student outcomes within the school system.(6)The majority of schools proposed for consolidation have either a plurality or majority of African American students, while only 21 percent of students in the Oakland Unified School District identify as African American, indicating a disproportionate impact of school closures on Oaklands African American community.(7)The Oakland Unified School District governing board and superintendent have worked diligently to put forward a plan that will move the district toward long-term fiscal solvency, which will include school consolidations, and have made every indication that they will continue to act accordingly.(b)It is the intent of the Legislature in enacting this legislation to do all of the following:(1)Give the Oakland Unified School District additional time and resources as they implement a plan to stabilize the school districts fiscal health, through authorizing the release of funds previously budgeted for in Assembly Bill 128 of the 202122 Regular Session (Chapter 21 of the Statutes of 2021).(2)Mitigate the disruptions to students associated with accelerated school closure that would compound existing challenges for students related to the pandemic.(3)Allow for the Oakland Unified School District to account for the total number of students enrolled in schools within the City of Oakland, and coordinate with charter schools that are also experiencing declining enrollment, to ensure student needs are met.SEC. 2.Item 6100-488 of Section 2.00 of the Budget Act of 2021 is amended to read:6100-488Reappropriation, State Department of Education. Notwithstanding any other law, the balances from the following appropriations are available for reappropriation for the purposes specified in Provisions 2 to 6, inclusive:0001General Fund(1)$878,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in Schedule (1) of Item 6100-149-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(2)$556,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(3)$296,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(4)$2,230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Child Development, Quality Rating Improvement System Grants in Schedule (2) of Item 6100-196-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(5)$1,467,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Program for Individuals with Exceptional Needs in Schedule (3) of Item 6100-161-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(6)$3,285,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(7)$5,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education in Schedule (1) of Item 6100-150-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(8)$15,527,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California Student Assessment System in Schedule (3) of Item 6100-113-0001 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)(9)$17,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001 of the Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)(10)$198,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California-Growth Fresh School Meals Grant Program of Section 135 of Chapter 32 of the Statutes of 2018(11)$230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(12)$324,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative in Schedule (1) of Item 6100-170-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)(13)$7,500,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the State Preschool-Local Education Agencies in Schedule (1) of Item 6100-196-0001 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)(14)$80,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative in Schedule (1) of Item 6100-170-0001, Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)Provisions:1.The sum of $7,326,000 is hereby reappropriated to the State Department of Education (SDE) to support the existing California Early Math Initiative as established by Provision 3 of Item 6100-195-0890 of the Budget Act of 2018 (Ch. 840, Stats. 2018). These funds shall be available through June 30, 2024, for the Fresno County Office of Education to continue to administer the California Early Math Initiative consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. The SDE shall complete the transfer of funds to the Fresno County Office of Education no later than December 1, 2021.2.The sum of $10,008,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Oakland Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Oakland Unified School Districts commitment to undertake all of the following by the end of 202324 fiscal year:(a)Affirmative action by the governing board to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property. This subdivision does not require action to close any school or facility as a precondition for funds to be disbursed. In the event that there are schools of the district recommended for consolidation or closure, the district may take into consideration other planned closures of schools, including charter schools, in the area and whether those closures would have an increased enrollment, static enrollment, or declining enrollment effect on the proposed consolidation or closure of a school in the district that is less than the rate of overall declining enrollment in the district. In those instances, the district may consider not including those schools as part of its school and facility closure and consolidation plan.(b)The required annual audit for 2020 filed no later than December 15, 2021.(c)Affirmative board action to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.3.The sum of $924,000 is hereby reappropriated to the State Department of Education for invoice costs associated with administering the English language proficiency assessment during the 2019-20 school year.4.The sum of $515,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the English language proficiency assessment.5.The sum of $195,000 is hereby appropriated to the State Department of Education for contract costs associated with conducting an alignment study for the Summative English language proficiency assessment to demonstrate that it is aligned to the 2012 English Language Development Standards.6.The sum of $13,625,000 is hereby reappropriated to the Superintendent of Public Instruction for the California Community Schools Partnership Program pursuant to the provisions specified in the 2021 Education Omnibus Trailer Bill for this purpose.SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools in the Oakland Unified School District, it is necessary for this act to take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 41329 is added to the Education Code, immediately following Section 41328, to read:41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:(A) The condition of a school facility.(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.(C) The capacity of a school to accommodate excess pupils.(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.(G) Transportation needs of pupils.(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:(i) Factors used to identify the list of school closures or consolidations.(ii) Equity impact analysis findings for each school closure or consolidation.(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.(iii) The information shall include all of the following:(I) The date of the approved closure or consolidation.(II) The pupils new school assignment, as applicable.(III) School district resources for pupils and parents to support the pupils transition.(IV) School district contacts for additional information.(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.
SECTION 1. Section 41329 is added to the Education Code, immediately following Section 41328, to read:
### SECTION 1.
41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:(A) The condition of a school facility.(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.(C) The capacity of a school to accommodate excess pupils.(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.(G) Transportation needs of pupils.(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:(i) Factors used to identify the list of school closures or consolidations.(ii) Equity impact analysis findings for each school closure or consolidation.(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.(iii) The information shall include all of the following:(I) The date of the approved closure or consolidation.(II) The pupils new school assignment, as applicable.(III) School district resources for pupils and parents to support the pupils transition.(IV) School district contacts for additional information.(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.
41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:(A) The condition of a school facility.(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.(C) The capacity of a school to accommodate excess pupils.(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.(G) Transportation needs of pupils.(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:(i) Factors used to identify the list of school closures or consolidations.(ii) Equity impact analysis findings for each school closure or consolidation.(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.(iii) The information shall include all of the following:(I) The date of the approved closure or consolidation.(II) The pupils new school assignment, as applicable.(III) School district resources for pupils and parents to support the pupils transition.(IV) School district contacts for additional information.(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.
41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:(A) The condition of a school facility.(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.(C) The capacity of a school to accommodate excess pupils.(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.(G) Transportation needs of pupils.(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:(i) Factors used to identify the list of school closures or consolidations.(ii) Equity impact analysis findings for each school closure or consolidation.(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.(iii) The information shall include all of the following:(I) The date of the approved closure or consolidation.(II) The pupils new school assignment, as applicable.(III) School district resources for pupils and parents to support the pupils transition.(IV) School district contacts for additional information.(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.
41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district:
(1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following:
(A) The condition of a school facility.
(B) The operating cost of a school and the associated savings resulting from a closure or consolidation.
(C) The capacity of a school to accommodate excess pupils.
(D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted.
(E) Environmental factors, including, but not limited to, traffic and proximity to freeway access.
(F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group.
(G) Transportation needs of pupils.
(H) Aesthetics and the opportunity for blight and negative impact on the surrounding community.
(I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result.
(2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information:
(i) Factors used to identify the list of school closures or consolidations.
(ii) Equity impact analysis findings for each school closure or consolidation.
(iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility.
(iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district.
(v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs.
(B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting.
(C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. The final recommendation for school closures or consolidations shall not contradict the findings of the equity impact analysis pursuant to paragraph (1) of subdivision (a). Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant this section has been completed.
(D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications.
(ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985.
(iii) The information shall include all of the following:
(I) The date of the approved closure or consolidation.
(II) The pupils new school assignment, as applicable.
(III) School district resources for pupils and parents to support the pupils transition.
(IV) School district contacts for additional information.
(E) For any proposed school closures or consolidations that are to take effect for the 202223 school year, and for which the governing board of the school district has not made a final determination as of the effective date of the act adding this section, the requirements of this section shall apply.
(b) For purposes of this section, financial distress means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.
(c) For purposes of this section, governing board of a school district includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article.
(d) This section does not apply to a school districts closure of a school due solely to the unsafe condition of the schools facilities.
SEC. 2. 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.
SEC. 2. 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.
SEC. 2. 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.
### SEC. 2.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools, it is necessary for this act to take effect immediately.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools, it is necessary for this act to take effect immediately.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 3.
In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools, it is necessary for this act to take effect immediately.
(a)The Legislature finds and declares all of the following:
(1)The Oakland Unified School District community, students, and parents are still dealing with the daily impacts of the pandemic.
(2)Given the heightened physical, mental health, and learning needs of students during this unprecedented pandemic, it is critical that children remain connected to their school communities and the surrounding supportive systems, including meals and school-based health centers.
(3)Due to its difficult fiscal situation of long-term declining enrollment and chronic absenteeism combined with attendance-based funding, which has only been compounded by the pandemic, the Alameda County Office of Education sent a letter to the Oakland Unified School District noting a lack of going concern, and in response the Oakland Unified School District is considering the closure or merger of up to 14 schools.
(4)The push to close schools has been impacted by prior state legislation, Assembly Bill 1840 of the 201718 Regular Session (Chapter 426 of the Statutes of 2018) and Assembly Bill 128 of the 202122 Regular Session (Chapter 21 of the Statues of 2021), which provided partial relief to the Oakland Unified School Districts budget deficit.
(5)There is growing, broad, and deep concern within the city, community, students, educators, and governing board members that the extent of these closures17 percent of district schools over two yearsamidst a pandemic will have a grave impact on student outcomes within the school system.
(6)The majority of schools proposed for consolidation have either a plurality or majority of African American students, while only 21 percent of students in the Oakland Unified School District identify as African American, indicating a disproportionate impact of school closures on Oaklands African American community.
(7)The Oakland Unified School District governing board and superintendent have worked diligently to put forward a plan that will move the district toward long-term fiscal solvency, which will include school consolidations, and have made every indication that they will continue to act accordingly.
(b)It is the intent of the Legislature in enacting this legislation to do all of the following:
(1)Give the Oakland Unified School District additional time and resources as they implement a plan to stabilize the school districts fiscal health, through authorizing the release of funds previously budgeted for in Assembly Bill 128 of the 202122 Regular Session (Chapter 21 of the Statutes of 2021).
(2)Mitigate the disruptions to students associated with accelerated school closure that would compound existing challenges for students related to the pandemic.
(3)Allow for the Oakland Unified School District to account for the total number of students enrolled in schools within the City of Oakland, and coordinate with charter schools that are also experiencing declining enrollment, to ensure student needs are met.
6100-488Reappropriation, State Department of Education. Notwithstanding any other law, the balances from the following appropriations are available for reappropriation for the purposes specified in Provisions 2 to 6, inclusive:
0001General Fund
(1) $878,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in Schedule (1) of Item 6100-149-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
(2) $556,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
(3) $296,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
(4) $2,230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Child Development, Quality Rating Improvement System Grants in Schedule (2) of Item 6100-196-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
(5) $1,467,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Program for Individuals with Exceptional Needs in Schedule (3) of Item 6100-161-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
(6) $3,285,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
(7) $5,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education in Schedule (1) of Item 6100-150-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
(8) $15,527,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California Student Assessment System in Schedule (3) of Item 6100-113-0001 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)
(9) $17,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education Program in Schedule (1) of Item 6100-150-0001 of the Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
(10) $198,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California-Growth Fresh School Meals Grant Program of Section 135 of Chapter 32 of the Statutes of 2018
(11) $230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
(12) $324,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative in Schedule (1) of Item 6100-170-0001 of the Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
(13) $7,500,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the State Preschool-Local Education Agencies in Schedule (1) of Item 6100-196-0001 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)
(14) $80,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Career Technical Education Initiative in Schedule (1) of Item 6100-170-0001, Budget Act of 2020 (Chs. 6 and 7, Stats. 2020)
Provisions:
1. The sum of $7,326,000 is hereby reappropriated to the State Department of Education (SDE) to support the existing California Early Math Initiative as established by Provision 3 of Item 6100-195-0890 of the Budget Act of 2018 (Ch. 840, Stats. 2018). These funds shall be available through June 30, 2024, for the Fresno County Office of Education to continue to administer the California Early Math Initiative consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. The SDE shall complete the transfer of funds to the Fresno County Office of Education no later than December 1, 2021.
2. The sum of $10,008,000 is hereby reappropriated to the Superintendent of Public Instruction for allocation to the Oakland Unified School District in accordance with Chapter 6.5 (commencing with Section 42160) of Part 24 of Division 3 of Title 2 of the Education Code. The disbursement of these funds is contingent on the Oakland Unified School Districts commitment to undertake all of the following by the end of 202324 fiscal year:
(a) Affirmative action by the governing board to continue planning for, and timely implementation of, a school and facility closure and consolidation plan that supports the sale or lease of surplus property. This subdivision does not require action to close any school or facility as a precondition for funds to be disbursed. In the event that there are schools of the district recommended for consolidation or closure, the district may take into consideration other planned closures of schools, including charter schools, in the area and whether those closures would have an increased enrollment, static enrollment, or declining enrollment effect on the proposed consolidation or closure of a school in the district that is less than the rate of overall declining enrollment in the district. In those instances, the district may consider not including those schools as part of its school and facility closure and consolidation plan.
(b) The required annual audit for 2020 filed no later than December 15, 2021.
(c) Affirmative board action to continue to update or develop short-term and long-term financial plans based on best practices and reasonable and accurate assumptions.
3. The sum of $924,000 is hereby reappropriated to the State Department of Education for invoice costs associated with administering the English language proficiency assessment during the 2019-20 school year.
4. The sum of $515,000 is hereby reappropriated to the State Department of Education for contract costs associated with administering the English language proficiency assessment.
5. The sum of $195,000 is hereby appropriated to the State Department of Education for contract costs associated with conducting an alignment study for the Summative English language proficiency assessment to demonstrate that it is aligned to the 2012 English Language Development Standards.
6. The sum of $13,625,000 is hereby reappropriated to the Superintendent of Public Instruction for the California Community Schools Partnership Program pursuant to the provisions specified in the 2021 Education Omnibus Trailer Bill for this purpose.
6100-488Reappropriation, State Department of Education. Notwithstanding any other law, the balances from the following appropriations are available for reappropriation for the purposes specified in Provisions 2 to 6, inclusive:
0001General Fund
$878,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the After School Education and Safety Program in Schedule (1) of Item 6100-149-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
$556,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the California American Indian Education Centers in Schedule (1) of Item 6100-151-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
$296,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Programs for Exceptional Children in Schedule (1) of Item 6100-161-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
$2,230,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Child Development, Quality Rating Improvement System Grants in Schedule (2) of Item 6100-196-0001, Budget Act of 2018 (Chs. 29 and 30, Stats. 2018)
$1,467,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the Special Education Program for Individuals with Exceptional Needs in Schedule (3) of Item 6100-161-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
$3,285,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the K12 Mandated Programs Block Grant in Schedule (1) of Item 6100-296-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
$5,000 or whatever greater or lesser amount of the unexpended balance of the amount appropriated for the American Indian Early Childhood Education in Schedule (1) of Item 6100-150-0001, Budget Act of 2019 (Chs. 23 and 55, Stats. 2019)
Provisions:
The sum of $7,326,000 is hereby reappropriated to the State Department of Education (SDE) to support the existing California Early Math Initiative as established by Provision 3 of Item 6100-195-0890 of the Budget Act of 2018 (Ch. 840, Stats. 2018). These funds shall be available through June 30, 2024, for the Fresno County Office of Education to continue to administer the California Early Math Initiative consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code. The SDE shall complete the transfer of funds to the Fresno County Office of Education no later than December 1, 2021.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to mitigate, as soon as possible, the impacts of declining enrollment and chronic absenteeism, due to both long-term demographic trends and the COVID-19 pandemic, which will result in the closure of schools in the Oakland Unified School District, it is necessary for this act to take effect immediately.