AB 176

Bill Subjects

Abstract

(1) The Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires the Superintendent to adopt rules and regulations pursuant to the act. The act, until July 1, 2027, authorizes a California state preschool contractor operating a part-day, full-day, or both part- and full-day California state preschool program to enroll interested eligible 2-year-old children, as defined. The act, on or after July 1, 2027, prohibits a contractor from serving any 2-year-old children, unless the contractor was serving those 2-year-old children before July 1, 2027, as provided. The act requires the Superintendent to develop guidance for contractors to follow when enrolling 2-year-old children. The act requires each applicant or contracting agency to give priority for services for part-day and full-day California state preschool programs according to a specified priority order. This bill would, until July 1, 2027, revise and recast the priority order for 2-year-old children, as specified. The bill would, until July 1, 2027, require the Superintendent's guidance to be developed in consultation with the State Department of Social Services and include guidance for safe, age-appropriate diapering and toilet training, as specified. The bill would authorize the State Department of Education, for purposes of expediting the implementation of state or federal legislation to expand preschool services, to use an alternative application process and waive certain regulations. The act authorizes a provider operating a state preschool program within the attendance boundary of certain public schools where at least 80% of enrolled pupils are eligible for free or reduced-price meals to enroll 3-year-old and 4-year-old children in accordance with the above-described enrollment priorities. This bill would, until July 1, 2027, additionally authorize those providers to enroll 2-year-old children, as specified. (2) The act establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children, as provided. The act requires the Superintendent to develop and administer a grant process and award grant funds to each county that applies for funding, as provided. To the extent funds are available in the annual Budget Act for the 2023–24 and 2024–25 fiscal years, the act requires existing grantees, newly formed consortia of current grantees, or individual counties who participated as a grantee in a former consortium for this grant to be eligible to apply for a renewal grant under the program. This bill would instead, to the extent funds are available in the Budget Act of 2023, only make existing grantees eligible to apply for a renewal grant under the program. The bill would, to the extent funds are available in the Budget Act of 2024, make existing grantees, newly formed consortia, and individual counties who participated in a former consortium for this grant eligible to apply for a grant under the program, except as provided. (3) Existing law requires each school district and county office of education to develop a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the school safety plan to include, beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency. Existing law authorizes the instructional continuity plan to include support to pupils and families to enroll in or be temporarily reassigned to another local educational agency outside of the school district in which the pupil's parent or guardian resides. This bill would instead authorize the instructional continuity plan to include support to pupils and families to enroll in or be temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupil's parent or guardian resides. (4) Existing law requires the governing board of a school district to report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months, as provided. Existing law requires the average daily attendance to be determined by dividing the total number of days of attendance allowed in all full school months by the number of days the schools are actually taught in all full school months, excluding Saturdays or Sundays and excluding weekend makeup classes. This bill would also exclude from those calculations attendance generated through an attendance recovery program. (5) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of unduplicated pupils, defined as those pupils who are English learners, foster youth, or eligible for free or reduced-price meals, served by the county superintendent of schools, school district, or charter school, as specified. Existing law defines "eligible for free or reduced-price meals" for these purposes to mean a pupil who is determined to meet federal income eligibility criteria, either through completing an application for the federal National School Lunch Program or through an alternative household income data collection form, or who is deemed to be categorically eligible for free or reduced-price meals under the federal National School Lunch Program, as provided. Existing law authorizes a school participating in a special assistance alternative authorized by federal law to establish a base year for purposes of the local control funding formula, as specified, and authorizes a school, between base year eligibility determinations, to include (A) any newly enrolled pupils who are determined to be eligible for free or reduced-price meals or (B) any current pupils found to be newly eligible for free or reduced-price meals, as identified through a local or state direct certification match or another categorical designation. This bill would authorize a school, between base year eligibility determinations, to instead include any current or newly enrolled pupils who are determined to be eligible for free or reduced-price meals. (6) Existing law, among other things, appropriates various amounts, as specified, from the Public School System Stabilization Account for the support of school districts, but requires the Controller to first transfer those amounts to Section A of the State School Fund. This bill would revise the list of appropriations that the Controller is required to first transfer to Section A of the State School Fund, as provided. (7) Existing law establishes the Expanded Learning Opportunities Program and requires local educational agencies, as a condition of receipt of certain funds under the program, to offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Existing law requires the Superintendent of Public Instruction to allocate program funding in a specified manner, and requires those funds to be used to support pupil access to expanded learning opportunity programs. Existing law requires an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit as of June 1, 2023, to maintain that license or permit capacity until June 30, 2024. This bill would extend the requirement to maintain that license or permit capacity by one year to June 30, 2025. The bill would also require a local educational agency that receives specified funds under the program to report final expenditures to the State Department of Education and would require a local educational agency that does not submit the final expenditure report to forfeit program funds for that fiscal year, as provided. (8) Existing law authorizes a local educational agency, beginning July 1, 2025, to implement attendance recovery programs for pupils to make up lost instructional time and offset absences, as specified. Existing law requires the attendance generated in an attendance recovery program to be applied to the schoolday in which the pupil was absent for the purposes of generating attendance. Existing law imposes certain requirements relating to pupil-to-teacher ratios for attendance recovery programs. Existing law prohibits pupils enrolled in a nonclassroom-based program from participating in an attendance recovery program and specifies that a pupil is enrolled in a nonclassroom-based program for this purpose if, for school districts, the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 14 schooldays in a school year or, for charter schools, the pupil is continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught. This bill would delete the requirement that the attendance generated in an attendance recovery program must be applied to the schoolday in which the pupil was absent. The bill would prohibit a pupil from being credited with more than 5 days of attendance per school week for school districts or county offices of education, or more than one day of attendance in a calendar day when school is actually taught for charter schools. The bill would revise the pupil-to-teacher ratio requirements for attendance recovery programs. The bill would specify that a pupil is enrolled in a nonclassroom-based program for purposes of the prohibition on participation in an attendance recovery program if, for school districts, the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 15 schooldays in a school year or, for charter schools, the pupil is continually enrolled in independent study for more than 15 schooldays on any of the days on which school is taught. (9) If the average daily attendance of a local educational agency has been materially decreased during a fiscal year because of an emergency and that fact has been established to the satisfaction of the Superintendent by an affidavit submitted by the local educational agency, existing law requires the Superintendent to credit to the local educational agency the total average daily attendance that would have been credited to it had the emergency not occurred. Existing law requires, for affidavits submitted for emergencies occurring after September 1, 2021, but on or before June 30, 2025, the local educational agency to certify that it has a plan for independent study to be offered to pupils and requires, for affidavits submitted for emergencies occurring on or after July 1, 2025, the local educational agency to certify that it has a comprehensive school safety plan, including an instructional continuity plan to provide instruction when in-person instruction is disrupted due to an emergency. This bill would extend the above-described respective ending and commencing date by one year to instead be on or before June 30, 2026, and on or after July 1, 2026, respectively. (10) Existing law, commencing with the 2024–25 fiscal year, requires the State Department of Education to annually report specified information on its internet website regarding juvenile court and county community school pupils, including, among other information, (A) the number and percentage of pupils who leave juvenile court schools without a high school diploma or high school equivalency who transfer back and enroll in a school district or charter school and (B) juvenile court school or county community school pupil access to and completion of A–G approved courses, high school equivalency tests, and accredited college coursework. This bill would revise those reporting requirements, as specified. (11) Existing law requires the Legislative Analyst's Office to conduct an assessment, on or before January 1, 2025, evaluating the efficacy of existing programs in allied health jointly offered between campuses of the California Community Colleges, the California State University, and the University of California. Existing law requires the final assessment to be reported, in writing, to the Legislature and the Governor on or before January 1, 2025, as specified. This bill instead would require the Legislative Analyst's Office to conduct an assessment, on or before January 1, 2031, evaluating the efficacy of existing programs in nursing jointly offered between campuses of those segments of public postsecondary education. The bill would require the assessment to be reported, in writing, to the Legislature and the Governor on or before January 1, 2031. (12) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission. For applications received under the program on July 1, 2024, to June 30, 2025, inclusive, existing law requires the commission to provide one-time grants of up to $10,000 to each student enrolled in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential if the student commits to working at a priority school or a California preschool program for 2 years within 4 years following the date the student completes the professional preparation program, as specified. Existing law, commencing July 1, 2024, requires the commission to prioritize awards to eligible applicants with the lowest income at the time of application. This bill would instead, commencing July 1, 2024, require the commission to prioritize awards to eligible applicants with the lowest income and asset levels at the time of application, and would specify a methodology for calculating those income and asset levels. (13) Existing law requires the office of the Chancellor of the California Community Colleges to report to the Department of Finance no later than September 1 of each year certain information related to the amount of discounts for community colleges authorized by a program to advance universal telecommunications services, as provided. This bill would repeal that provision. (14) Existing law authorizes the chancellor's office to establish the Rising Scholars Network to enter into agreements with up to 50 community colleges to provide additional funds for services in support of postsecondary education for justice-involved students, as defined. Existing law requires a community college district that wishes to participate in the Rising Scholars Network to apply to the Board of Governors of the California Community Colleges for funding, as provided. This bill would authorize an additional 15 community colleges to enter into Rising Scholars Network agreements. Beginning in the 2025–26 fiscal year, the bill would authorize the board of governors to prioritize funding provided in the annual Budget Act for Rising Scholars Network applications that demonstrate positive student outcomes consistent with specified goals and guidance. (15) Existing law requires the chancellor's office to submit to the Legislature and the Department of Finance, by April 1 of each year, a systemwide report that summarizes reports submitted by community college districts on the expenditure of Student Equity and Achievement Program funding, as specified. Existing law requires the Chancellor of the California Community Colleges to report to the Department of Finance, the Legislative Analyst's Office, and the appropriate policy and fiscal committees of the Legislature, on or before March 15 of each year, on the expenditure of certain funds, including program funds, as provided. Beginning in the 2025–26 fiscal year, this bill would require the above-described annual reports to instead be submitted on or before March 1. (16) If a community college district, in order to qualify for Nursing Enrollment Growth and Retention program funds, commits to taking certain actions, existing law requires the community college district to report specified data to the chancellor's office. Existing law requires the chancellor's office to compile and provide the reported data to the Legislature and the Governor by July 1 of each year. Beginning in the 2025–26 fiscal year, this bill would require the chancellor's office to instead report that data biennially on or before March 1 and would authorize the data to be submitted with the below-described report related to allied health professional programs. Existing law requires the chancellor to report to the Legislature and the Governor, on or before September 30 of each year, specific information related to certain community college clinical nursing faculty, as provided. Beginning in the 2025–26 fiscal year, this bill would require that information to instead be reported biennially on or before March 1 and would authorize the information to be submitted with the below-described report related to allied health professional programs. Existing law requires the chancellor to provide to the Legislature, beginning July 1, 2019, and each year thereafter, a report that includes information related to certain allied health professional programs, as provided. Beginning in the 2025–26 fiscal year, this bill would require the chancellor to instead provide this report biennially on or before March 1 and would authorize the report to be submitted with the above-described data related to the Nursing Enrollment Growth and Retention program. (17) Existing law requires the chancellor and the Superintendent of Public Instruction to provide to certain state entities preliminary reports on or before October 30 following each fiscal year for which funds are appropriated for the Adult Education Program, and final reports on or before February 1 of the following year, about the use of specified funds and outcomes for adults statewide and in each adult education region. This bill would require the chancellor and the Superintendent to instead provide a report on or before February 1 of each fiscal year for which funds are appropriated for the program. (18) Existing law requires the chancellor to submit a report to the Governor and the Legislature, on or before March 1 of each year, that includes, among other things, data summarizing outcome accountability performance measures implemented by the chancellor for the California Community Colleges Economic and Workforce Development Program, as provided. Beginning in the 2025–26 fiscal year, this bill would require the chancellor to instead submit this report biennially and would authorize the report to be submitted with the below-described report related to the Strong Workforce Program. Existing law requires the chancellor's office to annually submit a report to the Governor and the Legislature, on or before January 1, on the community college component of the Strong Workforce Program, as provided. Beginning in the 2025–26 fiscal year, this bill would require that annual report to instead be submitted on or before March 1 and would authorize the report to be submitted with the above-described report related to the California Community Colleges Economic and Workforce Development Program. (19) Existing law requires, as part of licensing child day care facilities, the State Department of Social Services to request a fire safety clearance from the appropriate fire marshal. Existing law then requires the primary fire enforcing agency to complete a final fire clearance inspection for a child day care facility, as specified. This bill would require, until January 1, 2027, state and local fire marshals assigning occupancy and use, or change of use, classifications and issuing fire clearance approvals for day care centers when making those classifications and conducting those inspections on or after January 1, 2023, to use certain provisions of the California Building Standards Code as they read on December 31, 2022. The bill would require the Office of the State Fire Marshal, in consultation with the State Department of Social Services, to promulgate regulations pertaining to occupancy standards for day care centers no later than January 1, 2027. (20) Existing law requires the Local Agency Public Construction Act to apply to contracts by community college districts. Existing law authorizes the chancellor to enter into a contract or other agreement with the governing board of any community college district whereby the district performs services or acts as a fiscal agent on behalf of the California Community Colleges, if the funds for the contract or agreement are in satisfaction of the state constitutional obligation to appropriate a minimum amount of funds for the support of school districts and community college districts for each fiscal year. Existing law, until July 1, 2025, exempts the chancellor from the requirement to advertise for or invite bids for certain contracts or other agreements with the governing board of a community college district that are no more than $20,000,000. Existing law, until July 1, 2025, also exempts from the requirement to advertise or invite bids the renewal of existing contracts or other agreements that the chancellor has entered into with the governing board of a community college, regardless of the amount. This bill would extend those dates by 2 years, thereby making the exemptions described above operative until July 1, 2027. (21) Existing law makes specified funds appropriated in the Budget Act of 2023 and the Budget Act of 2024 for education for adults in correctional facilities and for special education available for encumbrance until July 31, 2024, for funds appropriated in the Budget Act of 2023 and until July 31, 2025, for funds appropriated in the Budget Act of 2024. This bill would instead make funds appropriated for those purposes in the Budget Act of 2021 and the Budget Act of 2022 available for liquidation until July 31, 2024, for funds appropriated in the Budget Act of 2021 and until July 31, 2025, for funds appropriated in the Budget Act of 2022. By extending the period of time in which funds encumbered under existing appropriations may be liquidated, the bill would make an appropriation. (22) This bill would appropriate $1,500,000 from the General Fund to the State Allocation Board to be available for allocation to the Trinity Alps Unified School District to support the construction of an all-weather track at Trinity High School. This bill would make legislative findings and declarations as to the necessity of a special statute for the Trinity Alps Unified School District. (23) This bill would state that its provisions are severable. (24) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. (25) This bill would incorporate additional changes to Section 32282 of the Education Code proposed by AB 1858, AB 2887, and AB 2968 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 69617 of the Education Code proposed by SB 1391 to be operative only if this bill and SB 1391 are enacted and this bill is enacted last. (26) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.