New laws affect education in 2014

Here's a rundown on new laws that affect education in California.

SB 73 (Committee on Budget and Fiscal Review, Chapter 29) Energy: Proposition 39 Implementation. Effective immediately.

This is the budget vehicle for the allocation of Proposition 39 energy efficiency funds for local educational agencies and community college districts. Stipulates the minimum required information the recipients of the funds must submit in order to receive the funds. Makes LEAs subject to front-end verification and back-end public tracking and reporting.

AB 86 (Committee on Budget, Chapter 48) Education Finance: Education Omnibus Trailer Bill. Effective immediately.

Implements various statutory changes needed to implement the 2013-14 Budget package for the states public schools and community colleges, including reduces outstanding K-14 inter-year payment deferrals by $4.3 billion in 2012-13 and 2013-14; allocates $1.25 billion in one-time Proposition 98 funding in 2013-14 to assist K-12 schools in implementing the new Common Core standards; allocates $250 million on a one-time basis in 2013-14 to establish the California Career Pathways Trust for competitive grants to support K-14 education career pathways programs; and makes various changes to the special education funding formula. Extends provisions of existing law another two years to allow school districts to use proceeds from selling surplus properties for one-time operating expenses, and extends provisions of existing law another three years that requires school districts to first offer surplus instructional property for lease or sale to charter schools prior to any other entity. Contains other related provisions and laws.

SB 91/AB 97 (Committee on Budget and Fiscal Review, Chapter 49) School Finance and the Local Control Funding Formula. Effective immediately.

Replaces the old revenue limit and categorical funding structure with LCFF beginning in the 2013-14 fiscal year. LCFF is comprised of a base grant, supplemental grant and concentration grant. Provides an additional 2.6% base grant augmentation to be used on students enrolled in grades 9 to 12 for any purposes or programs that support a school district or charter school in achieving its goals for college and career readiness, and a 10.4% base grant augmentation for K-3 grade class size reduction. Legislation describes all components of LCFF and role of the state in supporting and intervening.

SB 97 (Committee on Budget and Fiscal Review, Chapter 357) School Finance: Local Control Funding Formula Education Budget Clean-Up Bill. Effective immediately.

Makes various technical and clarifying changes to the education budget trailer bills related to the new LCFF adopted as part of the 2013-14 Budget package. It clarifies that a budget cannot be approved for a school district or county office of education before a LCAP is adopted and clarifies terms under which a budget review committee shall be formed, requires school districts to ensure that all written notifications related to the LCAP are available to parents in languages other than English, and adds local bargaining units to the groups that school districts must consult in the development of the LCAP.

AB 110 (Blumenfield, Chapter 20) Budget Act of 2013. Effective immediately.

Contains the 2013-14 Budget Act as reported out by the 2013 Conference Committee on the Budget. The 2013-14 Budget Act authorizes General Fund expenditures of $96.3 billion, and assumes nearly $98 billion in total General Fund resources and a $1.1 billion reserve.

ASSESSMENTS, CURRICULUM AND STANDARDS

SB 247 (Liu, Chapter 479) Pupil Assessment: Grade 2 Diagnostic Assessments

Requires the California Department of Education, by November 1, 2014, to identify and make available to school districts information regarding existing assessments in language arts and mathematics aligned to the adopted Common Core academic content standards for pupils in grade 2 for diagnostic use by classroom teachers. The savings realized from the elimination of the grade 2 testing would be used by school districts for the administration of diagnostic assessments for identifying students' knowledge or skills, but the assessments would not be valid measures for purposes of accountability.

SB 490 (Jackson, Chapter 482) Early Assessment Program: Common Core Academic Content Standards

Existing law recognizes the establishment of the Early Assessment Program (EAP) at the California State University to enable pupils to learn about their readiness for college-level English and mathematics before their senior year of high school. This bill would instead encourage those courses to be sequenced to the common core academic content standards for language arts and mathematics.

AB 484 (Bonilla, Chapter 489) Pupil Assessments: Measurement of Academic Performance and Progress

Suspends nearly all STAR tests and provides districts the option to participate in one portion of the field/practice test of the new Smarter Balanced computer-adaptive assessments. The only STAR tests that will be administered in Spring 2014 are the science tests at grades 5, 8 and 10, CAPA at grades 2-11, and ELA and mathematics tests at grade 11 to support the voluntary participation in the Early Assessment Program. AB 484 has no impact on CAHSEE, CELDT, or the Physical Fitness Test. In addition, the calculation of API scores would be suspended for two years. It is not yet completely clear how these changes will affect federal accountability (AYP).

AB 123 (Bonta, Chapter 476) Instruction: Social Sciences: Farm Labor Movement

Requires that the State Board of Education ensure that the state curriculum and framework, where appropriate, include instruction on the role of immigrants, including Filipino Americans, on the farm labor movement in CA. Provides that it shall not be implemented unless funds are appropriated by the Legislature in the annual Budget Act.

AB 137 (Buchanan, Chapter 225) Pupil Instruction: Civics

Requires the Instructional Quality Commission, when revising the history-social science framework, to ensure that these course requirements are included in all history and social science course and grade levels, as appropriate.

AB 166 (Hernandez, Chapter 166) Pupil Instruction: Financial Literacy

Requires the State Board of Education to integrate financial literacy, including, but not limited to, budgeting and managing credit, student loans, consumer debt, and identity theft security with specified academic areas.

AB 424 (Donnelly, Chapter 484) Pupil Instruction: Social Sciences: State and Federal Constitutions

Requires the Instructional Quality Commission, when revising the history/social science framework, to do so based on the subject matter of the course in addition to appropriateness, to consider incorporating the Magna Carta, the Articles of Confederation, and the California Constitution, and to encourage instruction that promotes an understanding of the governments of California and the United States.

SB 330 (Padilla, Chapter 481) Instruction: Health Framework: Mental Health Instruction

Incorporates, upon the next revision, instruction on mental health into the Health Curriculum Framework. Requires the Instructional Quality Commission to consider developing, and recommending for adoption by the State Board, a distinct category on mental health instruction to educate pupils about all aspects of mental health.

SB 552 (Calderon, Chapter 497) Pupil Instruction: Social Sciences: Violence Awareness

Allows all required areas of study, as deemed appropriate by the governing board, to include grade-level appropriate instruction on violence awareness and prevention, including personal testimony in the form of oral or video histories.

AB 700 (Gomez, Chapter 483) Social Sciences: Voter Education

Requires the Instructional Quality Commission, when the history-social science framework is revised, to ensure that voter education information is included in the American government and civics curriculum at the high school level, including, but not limited to, information on the importance of registering to vote in local, state, and federal elections, and where and how to access the voter information pamphlet and other materials to become an informed voter.

AB 547 (Salas, Chapter 703) 21st Century High School After School Safety and Enrichment for Teens Program

Expands the academic assistance component of the 21st Century High School After School Safety and Enrichment for Teens (ASSETs) program to include career exploration and also authorizes the California Department of Education to consider other criteria that CDE may identify as critical for a high-quality program when awarding grants.

INSTRUCTIONAL MATERIALS

AB 133 (Hagman, Chapter 157) Instructional Materials: Digital Format

Requires publishers and manufacturers submitting printed instructional materials to the state board or local governing board for adoption, or on after January 1, 2014, to ensure that the printed instructional material is also available in an equivalent digital format during the entire term of the adoption.

SB 185 (Walters, Chapter 174) Instructional Materials: Digital Format

Authorizes school districts and county offices of education to negotiate the price of standards-aligned instructional materials and supplemental materials in a printed or digital format if the negotiated price complies with certain requirements. Requires instructional materials to be offered by a publisher or manufacturer as unbundled elements. Authorizes a school district to use instructional materials in digital format that were purchased by the school district to create a districtwide online digital database for classroom use.

SB 300 (Hancock, Chapter 480) Instructional Materials: Revised Curriculum Framework: Science and English Language Arts

Requires the State Board of Education to consider the adoption of a revised curriculum framework and evaluation criteria for instructional materials in science on or before January 31, 2016, and requires the revised curriculum framework to be based on specified science content standards and to include English language development strategies, as specified, and strategies to address the needs of pupils with disabilities. Extends the deadline for the State Board to adopt revised curriculum frameworks and evaluation criteria for English language arts until July 30, 2014.

ENGLISH LEARNERS

SB 201 (Liu, Chapter 478) Instructional Materials: Academic Content Standards: English Learners

Current law requires the California Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Current law requires a school district to annually conduct the assessment during a period that commences on the day upon which 55% of the instructional year is completed through July 1 of that calendar year. This bill applies the above requirements to initial and summative assessments. Authorizes the State Board of Education to adopt, by November 30, 2015, K-8 instructional materials that are aligned to the Common Core English Language Arts Standards and the Common Core-aligned English Language Development Standards.

AB 899 (Weber, Chapter 709) Academic Content Standards: English Language Development Standards

Requires that the standards for English language development for pupils whose primary language is a language other than English be comparable in rigor and specificity to the academic content standards to which they are aligned, including specified standards for English language arts and mathematics and specified science content standards. Requires the Superintendent, on or before January 1, 2015, to recommend modifications to the English language development standards to align with the state board-approved academic content standards for math and science.

CHARTER SCHOOLS

SB 379 (Hancock, Chapter 372) School Attendance: Early/Middle College High Schools

For the purposes of calculating average daily attendance apportionment at an early college or middle college high school operated by a charter school, this bill will require that at least 80% of the instructional time be at the school site. Requires that the charter school require the attendance of the pupil in grades 11 and 12 for a minimum of 50% of the required instructional time. These requirements will be added to annual audits.

AB 588 (Fox, Chapter 423) School Athletics: Concussions

Current law requires, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and athlete's parent or guardian before the athlete's initiating practice or competition. This bill would apply these provisions to athletes attending charter schools and private schools.

SCHOOL FACILITIES

AB 182 (Buchanan, Chapter 477) – School Districts and Community College Bonds

Limits Capital Appreciation Bonds (CABs) to 25 years and establishes other requirements for CABs: maximum interest of 8 percent; limits debt device to principal ratio of 4 to 1; bonds longer than 10 years must be allowed to be refinanced; and additional public disclosures will be required in Board agendas. Current Interest Bonds will be allowed for up to 40 years as long as the governing Board makes a finding that the useful life of the facility will be equal or exceeds the maturity date of the CIBs between 30 and 40 years.

SB 581 (Wyland, Chapter 91) School Bonds: Bond Accountability

Requires the Proposition 39 annual, independent financial and performance audits to be submitted to the citizens’ oversight committee at the same time they are submitted to the school district or community college district. Requires the governing board of the district to provide the citizens’ oversight committee with responses to any and all findings, recommendations, and concerns addressed in the annual, independent financial and performance audits within three months of receiving the audits.

SB 584 (Wyland, Chapter 167) School Facilities: Financial and Performance Audits

Requires the Controller, by January 1, 2015, and in consultation with the State Allocation Board, the Department of Finance, and Department of Education, to submit content to the Education Audits Appeal Panel to be included in the audit guide, Standards and Procedures for Audits of California K-12 LEAs beginning in the 2015-16 fiscal year, that is related to financial and performance audits required for specified school facility projects.

AB 308 (Hagman, Chapter 496) Sale or Lease of Surplus Real Property: Return of State School Facilities Funding Program Funds
Authorizes the State Allocation Board to establish a program to require a school district that sells or leases real property that was purchased with or modernized with, or on which improvements were constructed that were funded with any moneys from a state school facilities funding program, to return to SAB the moneys the district received from the state school facilities funding program for the purchase, modernization, or construction.
AB 56 (Weber, Chapter 475) School Facilities: Carbon Monoxide Devices

Requires, by July 1, 2015, the State Fire Marshal to propose for adoption by the California Building Standards Commission, appropriate standards for the installation of carbon monoxide devices in public and private school buildings.

AB 120 (Committee on Environmental Safety and Toxic Materials, Chapter 632) Underground storage tanks: school districts

Requires the State Water Resources Control Board to waive the underground storage tank permit requirement for claims reimbursed from the School District Account in the Underground Storage Tank Cleanup Fund if the Superintendent of the school district receiving the reimbursement certifies to the Board that petroleum was not delivered on or after January 1, 2003.

EMPLOYEES

AB 10 (Alejo, Chapter 351) Minimum Wage: Annual Adjustment

Increases the minimum wage, on and after July 1, 2014, to not less than $9.00 per hour. Increases the minimum wage, on January 1, 2016, to not less than $10 per hour.

AB 226 (Atkins, Chapter 73) Classified Employees: School Police Workweek

Authorizes the governing board of a school district or county superintendent of schools to establish a “3/12” workweek schedule (12-hour-per-day, 80-hour-per-2-weeks) for school police departments, subject to a collective bargaining agreement. Requires the payment of overtime compensation for hours worked in excess of the required workday.

SB 590 (De Leon, Chapter 723) Professional Development for Classified Employees

Requires a LEA, if it expends funds for professional development, to consider the needs of its classified school employees to update their skills and to learn best practices in various optional areas, including pupil learning and achievement, campus safety, and special education.

SB 5 (Padilla, Chapter 171) Teacher Credentialing

Authorizes inclusion of up to 2 years (currently 1 year) of professional preparation within credentialing programs. Allows for BA degrees in education for credential candidates.

SB 368 (Pavley, Chapter 717) Teachers: Added Authorization in Special Education

Current law authorizes the Commission on Teacher Credentialing to grant an added or supplementary authorization to a credentialholder who has met the requirements and standards of the Commission for the added or supplementary authorization. This bill authorizes program sponsors to offer comparability and equivalency for a special education credentialholder seeking to add a special education authorization to his or her special education credential in accordance with specified guidelines and criteria.

AB 449 (Muratsuchi, Chapter 232) Certificated School Employees: School Superintendent Reports to Commission on Teacher Credentialing

Requires the Superintendent of a school district or county office of education, or the administrator of a charter school, to report to the Commission on Teacher Credentialing any change in the employment status of a credentialholder working in a position requiring a credential not later than 30 days after the credentialholder's employment status changes in one of specified ways as a result of an allegation of misconduct or while an allegation of misconduct is pending. Makes the Superintendent’s failure to make the report of unprofessional conduct a misdemeanor.

SB 546 (Wright, Chapter 90) Education Employment: Termination: Hearing

Renames several forms required by school districts to use during certificated layoff proceedings. Changes the names of the following documents: (1) "Notice of Defense" to "Notice of Participation in Reduction in Force Hearing" (2) "Accusation" to "District Statement of Reduction in Force."

AB 267 (Chau, Chapter 123) Lawyer Referral Service-Client Evidentiary Privileges

Provides that a person who consults a lawyer referral service for the purpose of retaining a lawyer or securing legal advice has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and the lawyer referral service if the privilege is claimed by a specified person or entity. Establishes the circumstances in which the privilege does not apply.

AB 1381 (Committee on Public Employees, Retirement and Social Security, Chapter 559) State Teacher’s Retirement Law: Pension Reform

Makes various changes in the Teachers’ Retirement Law to conform with the provisions of PEPRA. Revises the definition of creditable compensation and salary, and specifies exclusions from the definition of creditable compensation and salary for purposes of the Defined Benefit Program and the Cash Balance Benefit Program. Defines a member subject to PEPRA and excepts from that definition a member who is also a member in certain other retirement systems prior to January 1, 2013. Revises provisions prescribing the amounts that members are required to contribute to the retirement fund for the Defined Benefit Program, and that participants in the Cash Balance Benefit Program contribute to reflect the requirements of PEPRA. Makes other changes.

SB 13 (Beall, Chapter 528) Public Employees’ Retirement Benefits

This bill serves to "clean up" the California Public Employees' Pension Reform Act of 2012 (PEPRA) (AB 340, Chapter 296). Excepts from PEPRA certain multiemployer plans authorized under, and regulated by, specified federal law. Excepts from PEPRA public employees whose collective bargaining rights are subject to specified provisions of federal law until a specified federal district court decision on certification by the United States Secretary of Labor or until January 1, 2015, whichever is sooner. Provides that if a federal district court upholds the determination of the United States Secretary of Labor, that application of PEPRA to those public employees precludes certification, those employees are excepted from PEPRA. Clarifies the application of PEPRA to employees who were employed prior to January 1, 2013, who have service credit in a different retirement system or who change positions for the same employer without a break in service, as specified. Authorizes a public retirement system to adopt regulations and resolutions in order to modify its retirement plan or plans to conform with PEPRA.

MISCELLANEOUS

AB 643 (Stone, Chapter 80) Schools: Pupil Records: Confidentiality

Makes various changes to state provisions to conform to federal law. It creates an exemption to the general rule that a school district shall not permit access to pupil records without written parental consent or under judicial order. Allows caseworkers or a representative of a state or local child welfare agency, or tribal organization to access transcripts and report cards to avoid problems of inappropriate course placement and lost credits when a foster youth changes schools.

AB 1068 (Bloom, Chapter 713) Pupil Records: Homeless Youth

Prohibits the release of directory information for homeless students, and requires schools to permit access to pupil records to a pupil who is at least 14 years old, homeless and unaccompanied, and to an individual who has completed and signed a Caregiver’s Authorization Affidavit for purposes of enrolling a minor in school.

AB 216 (Stone, Chapter 324) High School Graduation Requirements: Foster Care Pupils

Requires a school district to exempt a pupil in foster care who transfers between schools any time after the completion of the pupils 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements, unless the school district makes a finding that the pupil is reasonably able to complete the requirements in time to graduate from high school by the end of the pupil’s 4th year of high school.

SB 177 (Liu, SB 491) Homeless Youth Education Success Act

Among other things, expands current law which requires a foster child who changes residences, pursuant to a court order or decision of a child welfare worker, to be immediately deemed to have met all residency requirements for participation in interscholastic sports or other extracurricular activities to students who are homeless and meet that definition under federal law.

AB 1266 (Ammiano, Chapter 85) Sex-Segregated School Programs and Activities

Requires that students be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records.

AB 570 (Jones-Sawyer, Chapter 365) Continuation Schools: Policies and Procedures for Voluntary Transfer

Requires school districts that choose to voluntarily enroll high school pupils in a continuation school to establish and adopt policies and procedures regarding the voluntary transfer of students including the identification, placement and intake procedures for these students. Requires approval for the voluntary transfer to be based on a finding that the placement will promote the educational interests of the pupil. Students have the right to return to their previous school if the transfer does not meet the pupil’s educational needs.

SCA 3 (Leno, Chapter 123) Public Information: Public Request Acts on 2014 Ballot

This measure will appear on the 2013 State Ballot to require each local agency to comply with the California Public Request Act and the Brown Act, or amending any successor act which contains findings demonstrating that the statutory enactment furthers the purposes of the people’s right of access to information concerning the conduct of the people’s business. If passed by the voters, this initiative would no longer require the state to reimburse local agencies, including school districts, from complying with PRA requests.

School Safety

AB 256 (Garcia-D, Chapter 700) Grounds for Suspension and Expulsion

Authorizes schools to suspend or recommend for expulsion a pupil for bullying by electronic means that originated off of school grounds. Modifies the definition of “electronic act,” related to the act of bullying, as the creation and transmission originated on or off the schoolsite, by means of an electronic device, including a telephone, wireless telephone, or other wireless communication device, computer, or pager.

AB 514 (Bonta, Chapter 702) The Safe Schools for Safe Learning Act of 2013

Would require the Superintendent to post on the California Department of Education's Internet Web site a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma at home, at school, and the community.

AB 549 (Jones-Sawyer, Chapter 422) Comprehensive School Safety Plans: Mental Health Professionals and Police Role on Campus Guidelines

Encourages schools to include in school safety plans, when plans are reviewed and updated, clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on the school campus, if the school district uses these people. Specifies the guidelines may include primary strategies to create and maintain a positive school climate, promote school safety, and increase pupil achievement, and prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support.

SB 326 (Beall, Chapter 279) Sex Offenders

Current law makes it a misdemeanor for any person who is required to register as a sex offender to come into any school building or any school ground without lawful business and written permission from the chief administrative official of the school. This bill requires that the written permission indicate the date or date range and time for which permission is granted. Authorizes the chief administrative official of the school to grant a registered sex offender who is not a family member of a pupil who attends that school, permission to come into a school building or the school grounds to volunteer at the school, provided that the chief administrative official notifies the parent or guardian of each child attending the school of the permission at least 14 days prior to the first date for which permission has been granted.

School Lunch Program

AB 422 (Nazarian, Chapter 440) School Lunch Program: Health Care Notice

Current law authorizes the sharing of the school lunch program application with the county agency administering the Medi-Cal program for use in making an accelerated Medi-Cal eligibility determination for pupils eligible for free meals. Current law provides for the sending of a Healthy Families Program application to pupils determined to be ineligible for Medi-Cal coverage. This bill would, commencing January 1, 2014, require the notices to include prescribed advisements about the availability of free or reduced-cost comprehensive health care coverage through Medi-Cal or the California Health Benefit Exchange.

AB 626 (Skinner, Chapter 706) School Nutrition

Requires an entity that applies to operate a program to agree that meals made available by the program conform to specified federal nutrition standards. Includes as an authorized expenditure of the cafeteria fund expenditures for the lease or purchase of additional equipment for the kitchen or central food processing plant. Authorizes governing boards to make expenditures from the cafeteria fund for the purchase and installation of additional preparation, cooking, or service equipment for a kitchen or central food processing plant, including necessary alterations as specified, and for the lease or purchase of vehicles used solely in connection with the kitchen or central food processing plant. Repeals the authority of the governing board to allow as an expenditure from that fund a share of money generated from the joint sale of items between the cafeteria and an associated student body store and to create one or more cafeteria revolving accounts. Makes other changes.