AB 599: Public schools: accountability: county superintendents of schools.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-08
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction, commencing with the 202122 fiscal year, to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and to additionally include on the list schools where 15% or more of the teachers are holders of a permit, certificate, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. The bill would require, after the initial list is established in the 202122 fiscal year, the Superintendent to identify a list of these schools again in the 202223 fiscal year, and then every 3 fiscal years thereafter, during the same fiscal year that the schools are identified for comprehensive support and improvement or additional targeted support and improvement, as specified. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction, commencing with the 202122 fiscal year, to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and to additionally include on the list schools where 15% or more of the teachers are holders of a permit, certificate, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. The bill would require, after the initial list is established in the 202122 fiscal year, the Superintendent to identify a list of these schools again in the 202223 fiscal year, and then every 3 fiscal years thereafter, during the same fiscal year that the schools are identified for comprehensive support and improvement or additional targeted support and improvement, as specified. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction, commencing with the 202122 fiscal year, to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and to additionally include on the list schools where 15% or more of the teachers are holders of a permit, certificate, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. The bill would require, after the initial list is established in the 202122 fiscal year, the Superintendent to identify a list of these schools again in the 202223 fiscal year, and then every 3 fiscal years thereafter, during the same fiscal year that the schools are identified for comprehensive support and improvement or additional targeted support and improvement, as specified. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction, commencing with the 202223 fiscal year and every 3rd fiscal year thereafter, 202122 fiscal year, to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and to additionally include on the list schools where 15% or more of the teachers are holders of a permit or certificate permit, certificate, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. The bill would require, after the initial list is established in the 202122 fiscal year, the Superintendent to identify a list of these schools every 3 fiscal years during the same fiscal year that the schools are identified for comprehensive support and improvement or additional targeted support and improvement, as specified. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction Instruction, commencing with the 202223 fiscal year and every 3rd fiscal year thereafter, to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and to additionally include on the list schools where 15% or more of the teachers are holders of a permit or certificate that is a lesser certification than a clear California teaching credential. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county. The bill would require the State Board of Education to review the list of schools compiled under this bill, and make recommendations to the Legislature for further inclusion.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and submit a report as to the state of those schools. and to additionally include on the list schools where 15% or more of the teachers are holders of a permit or certificate that is a lesser certification than a clear California teaching credential. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county. The bill would require the State Board of Education to review the list of schools compiled under this bill, and make recommendations to the Legislature for further inclusion.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
(1)Under existing law, county superintendents of schools superintend the schools of that county, maintain responsibility for the fiscal oversight of each school district in that county, and visit and examine each school in the county at reasonable intervals to observe its operation and learn of its problems.
This bill would recast and revise the duties of the county superintendent. The bill would require the Superintendent of Public Instruction to identify a list of schools pursuant to a specified procedure based on the schools identified for comprehensive support and improvement and additional targeted support and improvement or as low-performing pursuant to specified federal laws, and submit a report as to the state of those schools. The bill would require the county superintendent to annually inspect those schools on the list in the county, and submit a report that describes the state of those schools in that county. The bill would require the State Board of Education to review the list of schools compiled under this bill, and make recommendations to the Legislature for further inclusion.
To the extent that this bill would create new duties for county superintendents of schools, it would constitute a state-mandated local program.
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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.
Under existing law no regular employee of a community college district shall be dismissed without their consent or deprived of their classification as a regular employee of the district when the district does not have sufficient funds to pay their salary.This bill would make nonsubstantive changes to that provision.Under existing law no regular employee of a community college district shall be dismissed without their consent or deprived of their classification as a regular employee of the district when the district does not have sufficient funds to pay their salary.
This bill would make nonsubstantive changes to that provision.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of that county.
(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent of schools annually may present a report of the state of the schools in the county, and of the county office of education, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2)(A)(i)Commencing with the 202122 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county, that describes the state of the schools in the county. After the initial list is established in the 202122 fiscal year, the Superintendent shall identify the list of these schools again in the 202223 fiscal year, and then every three fiscal years thereafter, during the same fiscal year that schools are identified for comprehensive support and improvement or additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. Each list shall be established in accordance with clause (ii), and shall be used for inspections beginning the following fiscal year.
(ii)The list of schools pursuant to clause (i) shall be compiled as follows:
(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the 202122 fiscal year and until a new list of federally identified schools is established, the Superintendent shall use the list of schools identified in the 201920 fiscal year for comprehensive support and improvement and for additional targeted support and improvement.
(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential.
(III)The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.
(iii)The annual report shall include the determinations for each school made by the county superintendent, or the county superintendents designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(C)On a quarterly basis, the county superintendent, or the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(F)The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of the applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 202223 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c) may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall, within 10 business days, provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(5)A county office of education having a negative or qualified certification, or classified as qualified or negative by the Superintendent, shall continue to be classified as qualified or negative until the next report required under this subdivision is filed.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of that county.
(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent of schools annually may present a report of the state of the schools in the county, and of the county office of education, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2)(A)(i)Commencing with the 202122 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county, that describes the state of the schools in the county. After the initial list is established in the 202122 fiscal year, the Superintendent shall identify the list of these schools again in the 202223 fiscal year, and then every three fiscal years thereafter, during the same fiscal year that schools are identified for comprehensive support and improvement or additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. Each list shall be established in accordance with clause (ii), and shall be used for inspections beginning the following fiscal year.
(ii)The list of schools pursuant to clause (i) shall be compiled as follows:
(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the 202122 fiscal year and until a new list of federally identified schools is established, the Superintendent shall use the list of schools identified in the 201920 fiscal year for comprehensive support and improvement and for additional targeted support and improvement.
(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential.
(III)The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.
(iii)The annual report shall include the determinations for each school made by the county superintendent, or the county superintendents designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(C)On a quarterly basis, the county superintendent, or the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(F)The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of the applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 202223 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c) may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall, within 10 business days, provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(5)A county office of education having a negative or qualified certification, or classified as qualified or negative by the Superintendent, shall continue to be classified as qualified or negative until the next report required under this subdivision is filed.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:(a)Superintend the schools of that county.(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent annually may present a report of the state of the schools in the county, and of the office, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.(2)(A)(i)Commencing with the 202122 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county that describes the state of the schools in the county. After the initial list is established in the 202122 fiscal year pursuant to clause (ii), the Superintendent shall identify the list of these schools every three fiscal years, during the same fiscal year that schools are identified for comprehensive support and improvement or additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act.(ii)The list of schools pursuant to clause (i) shall be compiled as follows:(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the 202122 fiscal year and until a new list of federally identified schools is established, the Superintendent shall use the list of schools identified in the 201920 fiscal year for comprehensive support and improvement and for additional targeted support and improvement.(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential.(III)The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.(iii)The annual report shall include the determinations for each school made by the county superintendent, or a designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.(C)On a quarterly basis, the county superintendent, or the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:(i)Minimize disruption to the operation of the school.(ii)Be performed by individuals who meet the requirements of Section 45125.1.(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:(i)Sufficient textbooks as defined in Section 60119 and as specified in subdivision (i).(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.(F)The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:(i)Return to the school to verify repairs.(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.(f)Keep in the office of the county superintendent the reports of the Superintendent.(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of an applicant.(h)Enforce the course of study.(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.(3)(A)Commencing with the 202223 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year.(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall within 10 business days provide a copy of the insufficiency report to the school district as set forth in paragraph (4).(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure remediation of the deficiency no later than the second month of the school term.(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.(j)Preserve carefully all reports of school officers and teachers.(k)Deliver to the county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for the purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of that county.
(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent of schools annually may present a report of the state of the schools in the county, and of the county office of education, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2)(A)For fiscal years 200405 to 200607, inclusive, to the extent that funds are appropriated for purposes of this paragraph, the county superintendent, or their designee, annually shall submit a report, at a regularly scheduled November board meeting, to the governing board of each school district under their jurisdiction, the county board of education of the county, and the board of supervisors of the county describing the state of the schools in the county or of the county office of education that are ranked in deciles 1 to 3, inclusive, of the 2003 base Academic Performance Index (API), as described in subdivision (b) of Section 17592.70, and shall include, among other things, observations from visiting the schools and determinations for each school regarding the status of all of the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies. As a condition for receipt of funds, the county superintendent, or their designee, shall use a standardized template to report the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or their designee, already includes those details for each school.(B)(2)(A)(i)Commencing with the 200708 202122 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or their designee, annually shall submit a a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under their jurisdiction, the jurisdiction of the county superintendent, the county board of education of the that county, and the board of supervisors of the county describing that county, that describes the state of the schools in the county or of the county office of education that are ranked in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to former Section 52056, as that section read on June 30, 2013. The annual report shall include the determinations for each school made by the county superintendent, or their designee, regarding the status of all of the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies, and the county superintendent, or their designee, shall use a standardized template to report the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or their designee, already includes those details with the same level of specificity that is otherwise required by this subdivision. For purposes of this section, schools ranked in deciles 1 to 3, inclusive, on the 2006 base API shall include schools determined by the department to meet either of the following: county. After the initial list is established in the 202122 fiscal year, the Superintendent shall identify the list of these schools again in the 202223 fiscal year, and then every three fiscal years thereafter, during the same fiscal year that schools are identified for comprehensive support and improvement or additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. Each list shall be established in accordance with clause (ii), and shall be used for inspections beginning the following fiscal year.
(i)(ii)The school meets all of the following criteria: list of schools pursuant to clause (i) shall be compiled as follows:
(I)Does not have a valid base API score for 2006.(II)Is operating in fiscal year 200708 and was operating in fiscal year 200607 during the Standardized Testing and Reporting (STAR) Program testing period.(III)Has a valid base API score for 2005 that was ranked in deciles 1 to 3, inclusive, in that year.(ii)The school has an estimated base API score for 2006 that would be in deciles 1 to 3, inclusive.(C)The department shall estimate an API score for any school meeting the criteria of subclauses (I) and (II) of clause (i) of subparagraph (B) and not meeting the criteria of subclause (III) of clause (i) of subparagraph (B), using available test scores and weighting or corrective factors it deems appropriate. The department shall post the API scores on its internet website on or before May 1.(D)For purposes of this section, references to schools ranked in deciles 1 to 3, inclusive, on the 2006 base API shall exclude schools operated by county offices of education pursuant to Section 56140, as determined by the department.(E)(i)Commencing with the 201011 fiscal year and every third year thereafter, the Superintendent shall identify a list of schools ranked in deciles 1 to 3, inclusive, of the API for which the county superintendent, or their designee, annually shall submit a report, at a regularly scheduled November board meeting, to the governing board of each school district under their jurisdiction, the county board of education of the county, and the board of supervisors of the county that describes the state of the schools in the county or of the county office of education that are ranked in deciles 1 to 3, inclusive, of the base API, as defined in clause (ii).(ii)For the 201011 fiscal year, the list of schools ranked in deciles 1 to 3, inclusive, of the base API shall be updated using the criteria set forth in clauses (i) and (ii) of subparagraph (B), subparagraph (C), and subparagraph (D), as applied to the 2009 base API and thereafter shall be updated every third year using the criteria set forth in clauses (i) and (ii) of subparagraph (B), subparagraph (C), and subparagraph (D), as applied to the base API of the year preceding the third year consistent with clause (i).(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the 202122 fiscal year and until a new list of federally identified schools is established, the Superintendent shall use the list of schools identified in the 201920 fiscal year for comprehensive support and improvement and for additional targeted support and improvement.
(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential.
(III)The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.
(iii)The annual report shall include the determinations for each school made by the county superintendent, or their the county superintendents designee, regarding the status of all of the circumstances listed in subparagraph (I) (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or their the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (I) (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or their the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(F)(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(G)(C)On a quarterly basis, the county superintendent, or their the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or their the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (I) (E) and teacher misassignments and teacher vacancies. vacancies, as described in Section 44258.9. If the county superintendent, or their the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(H)(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(I)(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(J)(F)The county superintendent may make the status determinations described in subparagraph (I) (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(K)(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of the applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 200506 202223 school year, if a school is ranked in any of deciles 1 to 3, inclusive, of the base API, identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), and not currently under review pursuant to a state or federal intervention program, the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year. For the 200405 fiscal year only, the county superintendent shall make a diligent effort to conduct a visit to each school pursuant to this paragraph within 120 days of receipt of funds for this purpose.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are ranked in any of deciles 1 to 3, inclusive, of the base API, identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), (c) may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall, within 10 business days, provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(i)For the 201112 fiscal year, notwithstanding any of the standards and criteria adopted by the state board pursuant to Section 33127, each county office of education budget shall project the same level of revenue per unit of average daily attendance as it received in the 201011 fiscal year and shall maintain staffing and program levels commensurate with that level.(ii)For the 201112 fiscal year, the county superintendent shall not be required to certify in writing whether or not the county office of education is able to meet its financial obligations for the two subsequent fiscal years.(iii)For the 201112 fiscal year, notwithstanding any of the standards and criteria adopted by the state board pursuant to Section 33127, the Superintendent, as a condition on approval of a county office of education budget, shall not require a county office of education to project a lower level of revenue per unit of average daily attendance than it received in the 201011 fiscal year nor require the county superintendent to certify in writing whether or not the county office of education is able to meet its financial obligations for the two subsequent fiscal years.(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(5)A county office of education having a negative or qualified certification, or classified as qualified or negative by the Superintendent, shall continue to be classified as qualified or negative until the next report required under this subdivision is filed.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of that county.
(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent annually may present a report of the state of the schools in the county, and of the office, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2)(A)(i)Commencing with the 202223 fiscal year and every third fiscal year thereafter, 202122 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county that describes the state of the schools in the county. The After the initial list is established in the 202122 fiscal year pursuant to clause (ii), the Superintendent shall identify the list of schools these schools every three fiscal years, during the same fiscal year that schools are identified for continuous comprehensive support and improvement or additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act.
(ii)The list of schools pursuant to clause (i) shall be compiled as follows:
(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the 202122 fiscal year and until a new list of federally identified schools is established, the Superintendent shall use the list of schools identified in the 201920 fiscal year for comprehensive support and improvement and for additional targeted support and improvement.
(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, or an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential.
(III)The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department.
(iii)The annual report shall include the determinations for each school made by the county superintendent, or a designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(C)On a quarterly basis, the county superintendent, or the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies. vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(F)The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of an applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 202223 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall within 10 business days provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure remediation of the deficiency no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to the county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for the purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of that county.
(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent annually may present a report of the state of the schools in the county, and of the office, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2)(A)(i)Commencing with the 202223 fiscal year and every third fiscal year thereafter, the Superintendent shall identify, pursuant to this section and subdivision (a) of Section 52072, identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county that describes the state of the schools in the county. The Superintendent shall identify the list of schools during the same fiscal year that schools are identified for continuous support and improvement or additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act.
(ii)The list of schools pursuant to clause (i) shall be compiled as follows:
(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act.
(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, or an intern credential, that is a lesser certification than a clear California teaching credential.
(III)The state board shall review the list of schools compiled pursuant to subclauses (I) and (II), and make recommendations to the Legislature for further inclusion.(iii)The annual report shall include the determinations for each school made by the county superintendent, or a designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, and the county superintendent, or the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(C)On a quarterly basis, the county superintendent, or the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies. If the county superintendent, or the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(F)The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of an applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 202223 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall within 10 business days provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure remediation of the deficiency no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to the county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for the purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of that county.
(b)Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent annually may present a report of the state of the schools in the county, and of the office, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county.
(2)(A)(i)Commencing with the 202223 fiscal year and every third year thereafter, the Superintendent shall identify, pursuant to this section and subdivision (a) of Section 52072, a list of schools, which shall include charter schools and alternative schools, for which the county superintendent, or a designee, shall inspect annually, and about which they the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county that describes the state of the schools in the county.
(ii)The list of schools pursuant to clause (i) shall be compiled as follows:
(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act.
(II)The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, or an intern credential, that is a lesser certification than a clear California teaching credential.
(II)(III)The state board shall review the list of schools compiled pursuant to subclause (I), subclauses (I) and (II), and make recommendations to the Legislature for further inclusion.
(iii)The annual report shall include the determinations for each school made by the county superintendent, or a designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, and the county superintendent, or the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(C)On a quarterly basis, the county superintendent, or the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies. If the county superintendent, or the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(F)The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of an applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 202223 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall within 10 business days provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure remediation of the deficiency no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to the county superintendents successor, at the close of the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for the purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or the Superintendents designee, may exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
It is the intent of the Legislature in amending Section 1240 of the Education Code to implement the settlement agreement in the case of Williams v. State of California (Superior Court, San Francisco County, No. CGC-00-312236) by substituting a new list of schools to be inspected based on the states multiple measures public school accountability system and the single system of support established in Section 52059.5 of the Education Code for the former list based on the states former accountability system known as the Academic Performance Index.
SEC. 2.Section 1240 of the Education Code is amended to read:1240.The county superintendent of schools shall do all of the following:
(a)Superintend the schools of his or her that county.
(b)Maintain responsibility for the fiscal oversight of each school district in his or her that county pursuant to the authority granted by this code.
(c)(1)Visit and examine each school in his or her the county at reasonable intervals to observe its operation and to learn of its problems. He or she The county superintendent annually may present a report of the state of the schools in his or her the county, and of his or her the office, including, but not limited to, his or her observations while from visiting the schools, to the board of education and the board of supervisors of his or her the county.
(2)(A)For fiscal years 200405 to 200607, inclusive, to the extent that funds are appropriated for purposes of this paragraph, the county superintendent, or his or her designee, annually shall submit a report, at a regularly scheduled November board meeting, to the governing board of each school district under his or her jurisdiction, the county board of education of his or her county, and the board of supervisors of his or her county describing the state of the schools in the county or of his or her office that are ranked in deciles 1 to 3, inclusive, of the 2003 base Academic Performance Index (API), as described in subdivision (b) of Section 17592.70, and shall include, among other things, his or her observations while visiting the schools and his or her determinations for each school regarding the status of all of the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies. As a condition for receipt of funds, the county superintendent, or his or her designee, shall use a standardized template to report the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or his or her designee, already includes those details for each school. (B)Commencing with the 200708 fiscal year, the county superintendent, or his or her designee, annually shall submit a report, at a regularly scheduled November board meeting, to the governing board of each school district under his or her jurisdiction, the county board of education of his or her county, and the board of supervisors of his or her county describing the state of the schools in the county or of his or her office that are ranked in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to former Section 52056, as that section read on June 30, 2013. The annual report shall include the determinations for each school made by the county superintendent, or his or her designee, regarding the status of all of the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies, and the county superintendent, or his or her designee, shall use a standardized template to report the circumstances listed in subparagraph (I) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or his or her designee, already includes those details with the same level of specificity that is otherwise required by this subdivision. For purposes of this section, schools ranked in deciles 1 to 3, inclusive, on the 2006 base API shall include schools determined by the department to meet either of the following: (i)The school meets all of the following criteria: (I)Does not have a valid base API score for 2006. (II)Is operating in fiscal year 200708 and was operating in fiscal year 200607 during the Standardized Testing and Reporting (STAR) Program testing period. (III)Has a valid base API score for 2005 that was ranked in deciles 1 to 3, inclusive, in that year. (ii)The school has an estimated base API score for 2006 that would be in deciles 1 to 3, inclusive. (C)The department shall estimate an API score for any school meeting the criteria of subclauses (I) and (II) of clause (i) of subparagraph (B) and not meeting the criteria of subclause (III) of clause (i) of subparagraph (B), using available test scores and weighting or corrective factors it deems appropriate. The department shall post the API scores on its Internet Web site on or before May 1. (D)For purposes of this section, references to schools ranked in deciles 1 to 3, inclusive, on the 2006 base API shall exclude schools operated by county offices of education pursuant to Section 56140, as determined by the department. (E)(i)Commencing(2)(A)(i)Commencing with the 201011 202223 fiscal year and every third year thereafter, the Superintendent shall identify identify, pursuant to this section and subdivision (a) of Section 52072, a list of schools ranked in deciles 1 to 3, inclusive, of the API schools, which shall include charter schools and alternative schools, for which the county superintendent, or his or her a designee, annually shall inspect annually, and about which they shall submit a an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under his or her jurisdiction, the jurisdiction of the county superintendent, the county board of education of his or her that county, and the board of supervisors of his or her that county that describes the state of the schools in the county or of his or her office that are ranked in deciles 1 to 3, inclusive, of the base API as defined in clause (ii). county.
(ii) For the 201011 fiscal year, the list of schools ranked in deciles 1 to 3, inclusive, of the base API shall be updated using the criteria set forth in clauses(i) and (ii) of subparagraph (B), subparagraph (C), and subparagraph (D), as applied to the 2009 base API and thereafter shall be updated every third year using the criteria set forth in clauses (i) and (ii) of subparagraph (B), subparagraph (C), and subparagraph (D), as applied to the base API of the year preceding the third year consistent with clause (i).(ii)The list of schools pursuant to clause (i) shall be compiled as follows:
(I)The Superintendent shall include on the list all schools identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low-performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act.
(II)The state board shall review the list of schools compiled pursuant to subclause (I), and make recommendations to the Legislature for further inclusion.
(iii)The annual report shall include the determinations for each school made by the county superintendent, or his or her a designee, regarding the status of all of the circumstances listed in subparagraph (I) (E) and teacher misassignments and teacher vacancies, and the county superintendent, or his or her the county superintendents designee, shall use a standardized template to report the circumstances listed in subparagraph (I) (E) and teacher misassignments and teacher vacancies, unless the current annual report being used by the county superintendent, or his or her the county superintendents designee, already includes those details with the same level of specificity that is otherwise required by this subdivision.
(F)(B)The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph.
(G)(C)On a quarterly basis, the county superintendent, or his or her the county superintendents designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or his or her the county superintendents designee, for each school regarding the status of all of the circumstances listed in subparagraph (I) (E) and teacher misassignments and teacher vacancies. If the county superintendent, or his or her the county superintendents designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact.
(H)(D)The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria:
(i)Minimize disruption to the operation of the school.
(ii)Be performed by individuals who meet the requirements of Section 45125.1.
(iii)Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119.
(I)(E)The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances:
(i)Sufficient textbooks as defined in Section 60119 and as specified in subdivision (i).
(ii)The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72.
(iii)The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089.
(J)(F)The county superintendent may make the status determinations described in subparagraph (I) (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers.
(K)(G)If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following:
(i)Return to the school to verify repairs.
(ii)Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on his or her Internet Web site. the internet website of the county superintendent. The report shall be removed from the Internet Web site internet website when the county superintendent verifies the repairs have been completed.
(d)Distribute all laws, reports, circulars, instructions, and blanks that he or she the county superintendent may receive for the use of the school officers.
(e)Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6.
(f)Keep in his or her office the office of the county superintendent the reports of the Superintendent.
(g)Keep a record of his or her official acts, the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or his or her an authorized agent. agent of an applicant.
(h)Enforce the course of study.
(i)(1)Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050.
(2)For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119.
(3)(A)Commencing with the 200506 202223 school year, if a school is ranked in any of deciles 1 to 3, inclusive, of the base API, identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), and not currently under review pursuant to a state or federal intervention program, the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year. For the 200405 fiscal year only, the county superintendent shall make a diligent effort to conduct a visit to each school pursuant to this paragraph within 120 days of receipt of funds for this purpose.
(B)In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are ranked in any of deciles 1 to 3, inclusive, of the base API, identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), may utilize use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall within 10 business days provide a copy of the insufficiency report to the school district as set forth in paragraph (4).
(C)For purposes of this paragraph, written surveys may include paper and electronic or online surveys.
(4)If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following:
(A)Prepare a report that specifically identifies and documents the areas or instances of noncompliance.
(B)Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3).
(C)Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure remediation of the deficiency no later than the second month of the school term.
(D)If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds.
(j)Preserve carefully all reports of school officers and teachers.
(k)Deliver to his or her the county superintendents successor, at the close of his or her the county superintendents official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department.
(l)(1)Submit two reports during the fiscal year to the county board of education in accordance with the following:
(A)The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported.
(B)As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for the purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification. If a county office of education receives a negative certification, the Superintendent, or his or her the Superintendents designee, may exercise the authority set forth in subdivision (c) (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education.
(i)For the 201112 fiscal year, notwithstanding any of the standards and criteria adopted by the state board pursuant to Section 33127, each county office of education budget shall project the same level of revenue per unit of average daily attendance as it received in the 201011 fiscal year and shall maintain staffing and program levels commensurate with that level.(ii)For the 201112 fiscal year, the county superintendent shall not be required to certify in writing whether or not the county office of education is able to meet its financial obligations for the two subsequent fiscal years.(iii)For the 201112 fiscal year, notwithstanding any of the standards and criteria adopted by the state board pursuant to Section 33127, the Superintendent, as a condition on approval of a county office of education budget, shall not require a county office of education to project a lower level of revenue per unit of average daily attendance than it received in the 201011 fiscal year nor require the county superintendent to certify in writing whether or not the county office of education is able to meet its financial obligations for the two subsequent fiscal years.(2)All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request.
(3)This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent.
(4)The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, he or she the county superintendent may perform financial services on behalf of those community colleges.
(m)If requested, act as agent for the purchase of supplies for the city and high school districts of his or her that county.
(n)For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of his or her normal duties, the county superintendent discovers information that gives him or her the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported.
(o)If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIIIB of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.
SEC. 3.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.
SECTION 1.Section 87453 of the Education Code is amended to read:87453.No regular employee of a community college district shall be dismissed without the employees consent or deprived of the employees classification as a regular employee of the district when the district does not have sufficient funds to pay the employees salary.No regular employee of a community college district shall be dismissed without his or her the employees consent or deprived of his or her the employees classification as a regular employee of the district when the district does not have sufficient funds to pay his the employees salary.
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Date
|
Status
|
|---|---|
| Oct 8, 2021 | Chaptered by Secretary of State - Chapter 667, Statutes of 2021. |
| Oct 8, 2021 | Approved by the Governor. |
| Sep 13, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 2846.). |
| Sep 3, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77. |
| Sep 3, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2390.). |
| Aug 31, 2021 | Ordered to special consent calendar. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 7. Noes 0.) (August 26). |
| Aug 16, 2021 | In committee: Referred to suspense file. |
| Jul 15, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 14). |
| Jul 5, 2021 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jun 29, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 7, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 19, 2021 | Referred to Com. on ED. |
| May 6, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 6, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1336.) |
| Apr 29, 2021 | Read second time. Ordered to Consent Calendar. |
| Apr 28, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 28). |
| Apr 19, 2021 | Re-referred to Com. on APPR. |
| Apr 15, 2021 | Read second time and amended. |
| Apr 14, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 7). |
| Mar 30, 2021 | Re-referred to Com. on ED. |
| Mar 29, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 1, 2021 | Re-referred to Com. on ED. |
| Feb 25, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Feb 25, 2021 | Referred to Com. on ED. |
| Feb 12, 2021 | From printer. May be heard in committee March 14. |
| Feb 11, 2021 | Read first time. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Sep 7, 2021 | AB 599 Jones-Sawyer Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 3, 2021 | Special Consent AB599 | Senate Floor |
Passed |
|
| May 6, 2021 | AB 599 Jones-Sawyer Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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Bill Author
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