20250AB__014798AMD INTRODUCED 2025-01-08 AMENDED_SENATE 2025-09-08 2025 AB AMD Introduced by Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Connolly, Fong, Haney, Hart, Jackson, Lee, Muratsuchi, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Ward, and Wilson) LEAD_AUTHOR ASSEMBLY Committee on Budget Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Connolly, Fong, Haney, Hart, Jackson, Lee, Muratsuchi, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Ward, and Wilson <caml:Contribution>LEAD_AUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>Gabriel</caml:Name></caml:Legislator>"?>

An act to amend Sections 33319.6, 41206.04, 42238.016, 44400.03, 45500, 46120, 46211, 48000.1, and of the Education Code, and to amend Sections 75, 76, 79, 84, and of

Chapter of the Statutes of 2025, relating to education finance, and making an appropriation therefor, to take effect immediately, bill related to the budget. education finance, and making an appropriation therefor, to take effect immediately, bill related to the budget Education finance: education omnibus trailer bill.

(1) Existing law requires, by no later than September 30, 2026, the State Board of Education to approve, and the State Department of Education to post on its internet website, criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, or any of grades to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria.

This bill would require the department, before incurring substantial costs for the review of professional development programs, to require that a professional development program provider that intends to submit materials for review to first declare their intent to submit one or more professional development programs for review.

After a professional development program provider has declared their intent to submit one or more professional development programs for review, and until September 30, 2026, the bill would authorize the department to assess a fee on the submitting professional development program provider in an amount that shall not exceed the reasonable costs to the department to conduct a review of the submitted materials, as provided.

The bill would, among other things, limit the maximum amount of a reasonable fee to no more than $10,000 for each professional development program submitted for review and would require the department to take reasonable steps to limit costs of the review and to keep the fee modest.

The bill would require the department to allocate specified funds appropriated in the Budget Act of to the Marin County Office of Education to contract with a research organization or nonprofit organization with expertise in evidenced-based literacy instruction, subject to the approval of the executive director of the state board, to support the implementation of these provisions, as provided.

Existing law appropriates $200,000,000 from the General Fund to the department to make available to local educational agencies to expend from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive, for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, to pupils in transitional kindergarten, kindergarten, or any of grades to 5, inclusive, using the professional development programs that meet the above-referenced criteria and guidance.

Existing law requires the Superintendent of Public Instruction to apportion those funds to local educational agencies in an equal amount per full-time equivalent certificated staff who teach pupils in transitional kindergarten, kindergarten, or any of grades to 5, inclusive. This bill would require the Superintendent to make those apportionments using the data submitted through the California Longitudinal Pupil Achievement Data System as of October 2025.

(2) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to apply for the support of school districts and community college districts based on one of tests in any given fiscal year.

If the Director of Finance determines pursuant to the certification process for the state’s minimum funding obligation to school districts and community college districts that the state has applied moneys in an amount that exceeds the minimum funding obligation for the fiscal year being certified, existing law requires the excess moneys to be credited to the fiscal year being certified.

Existing law provides that $5,442,143,000 allocated in the 2022–23 fiscal year for specified apportionments to school districts and charter schools, and $770,786,000 allocated in the 2022–23 fiscal year for specified apportionments to community college districts, are excess moneys credited to the 2022–23 fiscal year only for the purposes of determining the state’s minimum funding obligation to school districts and community college districts in the 2022–23 and 2023–24 fiscal years.

Existing law requires proportional shares of $544,214,000 and $77,079,000, respectively, of those amounts to be recognized annually, from the 2026–27 fiscal year through the 2035–36 fiscal year, for budgetary and financial reporting purposes as allocations made in the 2022–23 fiscal year, but prohibits those amounts from being credited as allocations made to meet the minimum funding obligation to school districts and community college districts in the fiscal year in which the amount is recognized for budgetary and financial reporting purposes.

This bill would reduce that allocation to schools districts and charters in the 2022–23 fiscal year for specified apportionments by $20,000,000 to instead be $5,422,143,000.

The bill would instead require proportional shares of $437,769,000 and $62,231,000, respectively, of the revised $5,422,143,000 amount and the $770,786,000 amount, respectively, to be recognized annually from the 2027–28 fiscal year through the 2038–39 fiscal year, and shares of $168,915,000 and $24,014,000, respectively, of those amounts, to be recognized in the 2039–40 fiscal year, for budgetary and financial reporting purposes as allocations made in the 2022–23 fiscal year, and would continue to prohibit those amounts from being credited as allocations made to meet the minimum funding obligation to school districts and community college districts in the fiscal year in which the amount is recognized for budgetary and financial reporting purposes.

(3) Existing law requires the department, by July 1, 2026, to create a data collection system for salary and benefits data for represented certificated and classified nonmanagement employees and requires the data collected to include salary, benefits, and full-time equivalent employee counts for certificated employees and for specified classified bargaining unit classifications, which are required to be collected in the same manner as for certificated employees, as determined by the department.

Existing law requires school districts, county offices of education, and direct-funded charter schools, by August 31, 2026, and by July annually thereafter, to complete the data collection process and to report the data to the department. This bill would require the department to make the data submitted by school districts, county offices of education, and direct-funded charter schools publicly available in a downloadable open file data format, as specified.

(4) Existing law establishes the Student Teacher Stipend Program to support prospective educators, as defined, during their completion of or more hours of student teaching, as provided, and appropriates, for the 2025–26 fiscal year, $300,000,000 from the General Fund to the commission for allocation to support the Student Teacher Stipend Program. Existing law requires $5,000,000 of that amount to be made available to the Kern County Superintendent of Schools for specified purposes, including conducting a related multimedia campaign and the establishment of a grants management system, as specified.

This bill would instead require up to $6,000,000 of that amount to be made available to the Kern County Superintendent of Schools for those same specified purposes. By reallocating the amounts of authorized uses of an existing appropriation, the bill would make an appropriation.

(5) Existing law establishes the Classified School Employee Summer Assistance Program. Existing law authorizes school districts and county offices of education to elect to participate in the program, and authorizes a classified employee of a participating local educational agency who meets specified requirements to withhold an amount from the employee’s monthly paycheck during the school year to be paid out during the summer recess period, as provided.

The Budget Act of 2023, the Budget Act of 2024, and the Budget Act of appropriated $90,000,000, $99,000,000, and $90,000,000, respectively, for purposes of the program. Each annual Budget Act requires its appropriations to be available for encumbrance or expenditure for the use for the fiscal year in which the funds are appropriated, unless otherwise provided therein.

This bill would, commencing with the 2023–24 fiscal year, require appropriations made in the annual Budget Act for purposes of the Classified School Employee Summer Assistance Program to instead be available for encumbrance during both the fiscal year in which the funds are appropriated and the immediately following fiscal year. By extending the time for which previously appropriated moneys are available, the bill would make an appropriation.

(6) Existing law authorizes a school district, county office of education, or charter school, beginning July 1, 2025, to implement attendance recovery programs for pupils to make up lost instructional time and offset absences, as specified.

For the purposes of computing average daily attendance for these attendance recovery programs, existing law prescribes general minimum daily instructional minute requirements on all local educational agencies, as provided, and specific schoolday and instructional minute requirements on county community schools, continuation high schools, juvenile court schools, and community day schools that are applicable to those settings, as provided.

This bill would, for the purposes of computing average daily attendance for these attendance recovery programs for opportunity schools, instead apply the instructional minute requirements that are applicable to opportunity schools.

(7) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission.

Existing law requires the commission, among other grants within the program, for California resident applications received under the program on July 1, 2024, to June 30, 2025, inclusive, to provide reduced one-time grants of up to $5,000 to each student enrolled in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential if the student commits to working at a priority school or a California preschool program for years within years following the date the student completes the professional preparation program, as specified.

The bill would extend the availability of those grant program funds to applications received under the program on July 1, 2025, to June 30, 2026, inclusive. By expanding the time in which applications can be received under the program, which is funded by an existing appropriation, the bill would make an appropriation.

(8) Existing law requires the local control funding formula to include, in addition to the base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are unduplicated pupils, as defined to include English learners, pupils eligible for free or reduced-price meals, and foster youth, as specified.

Notwithstanding any other law, for purposes of the local control funding formula for the 2025–26 and 2026–27 fiscal years only, existing law requires the count of English learner pupils enrolled in transitional kindergarten to be equal to the count of English learner pupils enrolled in kindergarten, as specified.

This bill would instead require the Superintendent of Public Instruction to determine a proxy count of English learner pupils enrolled in a transitional kindergarten that is based upon the percentage of English learners enrolled in kindergarten who are either not eligible for free or reduced-price meals or not a foster youth.

(9) The Budget Act of 2020, among other things, allocates $350,000 of specified appropriated funds to a county office of education selected by the executive director of the State Board of Education for the purpose of convening a workgroup that will design a state standardized individualized education program (IEP) template. The Budget Act of 2022, among other things, allocates $200,000 of specified appropriated funds to be available on a one-time basis for the California Collaborative for Educational Excellence to convene a panel to continue refining the IEP template for usability, as provided.

Existing law, for the 2025–26 fiscal year, appropriates $1,000,000 from the General Fund to the Superintendent to allocate to the California Collaborative for Educational Excellence for the digitization of the IEP template.

Existing law requires the California Collaborative for Educational Excellence, in consultation with the executive director of the state board, to enter into a contract with a California special education student information system vendor to convert the IEP template into a user-dynamic software platform, develop an interactive digital version of the IEP template that is accessible to the public at no cost, and make those digitized templates available to local educational agencies and to the public, respectively, on or before June 30, 2026.

Existing law requires the department, by January 1, 2027, or no later than months after the IEP template is converted to a digital platform, whichever date comes first, to translate the IEP template into the top most commonly spoken languages used across the state other than English and, among other things, to make those templates available on its internet website, as provided.

This bill would require the contracted vendor to be a vendor that currently transmits federal Individuals with Disabilities Education Act-compliant data to the department through the California Longitudinal Pupil Achievement Data System and would require the vendor, upon the availability of the translated IEP template, as specified, to integrate those translations into the digitized IEP template in order to ensure that users can access the IEP template in the top most commonly spoke languages used in California other than English.

(10) Existing law appropriates, for the 2025–26 fiscal year, $160,000,000 from the General Fund to the department to establish the Universal School Meals Support Grant, as provided.

Of that amount, existing law requires (A) $145,000,000 to be made available to award to local educational agencies to expend for specified purposes for the continued implementation of universal school meals, (B) $10,000,000 to be provided to local educational agencies to support the retention and recruitment of food service workers, as specified, and (C) $5,000,000 to be made available to the department to contract with the Marin County Office of Education for a study of particularly harmful ultraprocessed foods being offered in school meals in California, as provided.

Existing law requires the Marin County Office of Education to contract with the University of California for purposes of the study and requires the department to provide a report to the Legislature on or before July 1, 2027, again on or before January 1, 2030, and finally on or before January 1, 2032, with the findings of the study. This bill would revise and recast those provisions by, among other things, (

A) requiring the above-described $5,000,000 to instead be made available to the department for allocation to the Marin County Office of Education for a study of ultraprocessed foods of concern and restricted school foods instead of particularly harmful ultraprocessed foods, (

B) specifying that the Marin County Office of Education is required to contract with the University of California, Agriculture and Natural Resources’ Nutritional Policy Institute for those purposes, (

C) requiring the department, in consultation with the State Department of Public Health, to approve the scope of work, timelines, and study elements, (

D) changing all references for these purposes from particularly harmful ultraprocessed foods to ultraprocessed foods of concern, as defined, and restricted school foods, as defined, and (

E) extending the reporting deadlines, as provided. By revising the purposes of an existing appropriation, the bill would make an appropriation.

(11) The bill would update cross references and make nonsubstantive changes.

(12) Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by

Section of

Article XVI of the California Constitution.

(13) This bill would incorporate additional changes to

Section of the Education Code proposed by AB to be operative only if this bill and AB are enacted and this bill is enacted last.

(14) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025.</xhtml:p>"?> MAJORITY YES YES NO YES NO NO NO NO NO YES The people of the State of California do enact as follows:

SECTION

Section 33319.6 of the Education Code is amended to read: 33319.6. (

a) No later than September 30, 2026, the state board shall approve and the department shall post on its internet website criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, and grades to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria.

Professional development programs that meet the criteria and guidance may be used by local educational agencies for training certificated and classified staff who provide literacy instruction or who support any teacher who provides literacy instruction.

The list shall include programs offered in different modalities, including in-person and virtual formats, and the criteria and guidance shall ensure that programs follow the precepts of effective professional development; are content focused, interactive, and collaborative; provide models of effective practice, coaching, and opportunities for feedback and reflection; provide adequate time to master the concepts being taught; and include periodic checks to demonstrate mastery of the concepts. The criteria and guidance shall also ensure that the programs meet all of the following criteria:

(1) Include the requirements described in subparagraphs (

A) and (

B) of paragraph (4) of subdivision (

b) of

Section and evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, attending to oral language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs.

(2) Align to the Commission on Teacher Credentialing’s current teaching performance expectations as specified in

Section 44259.7.

(3) Align to the English Language Arts/English Language Development (ELA/ELD) Framework, including integrated and designated English language development instruction adopted by the state board.

(4) Align to the program guidelines for dyslexia developed pursuant to

Section 56335. (

b) The state board and department shall solicit interestholder input when developing the criteria, guidance, and list of professional development programs pursuant to subdivision (a). (c)

(1) The department, before incurring substantial costs for the review of professional development programs, shall require that a professional development program provider that intends to submit materials for review to first declare their intent to submit one or more professional development programs for review.

After a professional development program provider has declared their intent to submit one or more professional development programs for review, and until September 30, 2026, the department may assess a fee on the submitting professional development program provider in an amount, consistent with paragraph (3), that shall not exceed the reasonable costs to the department to conduct a review of the submitted materials pursuant to this section, excluding the review of professional development programs submitted from local educational agencies described in paragraph (7).

(2) The fee shall be payable by the professional development program provider even if the professional development provider subsequently chooses to withdraw one or more professional development programs from review. A submission by a professional development program provider shall not be reviewed until the fee has been paid in full.

(3) The fee assessed shall not exceed ten thousand dollars ($10,000) for each professional development program submitted for review. The department shall take reasonable steps to limit costs of the review and to keep the fee modest. It is the intent of the Legislature that the fee not be so substantial that it prevents small professional development program providers from participating.

(4) Upon the request of a small professional development program provider, the department may reduce the fee.

(5) The fees to be charged shall be approved by the executive director of the state board before being publicly posted on the department’s internet website.

(6) Revenue derived from fees assessed pursuant to this subdivision shall be budgeted as reimbursements, subject to review through the annual budget process, and may be used to pay for costs associated with the review and approval of professional development programs.

(7) Local educational agencies that submit professional development programs for review, either as a standalone professional development program provider or in a partnership that includes only local educational agencies, shall be exempt from paying the fee authorized pursuant to this subdivision. (c)</xhtml:p>"?> (d) (1) (

A) The department shall make funding available for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, to pupils in transitional kindergarten, kindergarten, or any of grades to 5, inclusive, using the professional development programs that meet the criteria and guidance approved pursuant to subdivision (a).

The Superintendent shall apportion these funds to local educational agencies in an equal amount per full-time equivalent certificated staff who teach pupils in transitional kindergarten, kindergarten, or any of grades to 5, inclusive, using the data submitted through the California Longitudinal Pupil Achievement Data System as of October 2025. (

B) A local educational agency may expend the funds received pursuant to this subdivision from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive. A local educational agency shall ensure that teachers and all other certificated employees complete training offered pursuant to this

section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative. (2) (A) (

i) If a local educational agency is apportioned funds pursuant to subparagraph (

A) of paragraph (1), those funds shall be used to provide opportunities for professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades to 5, inclusive, who have not passed the literacy performance assessment pursuant to

Section 44320.3 or have not already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (

a) and the criteria and guidance approved pursuant to subdivision (a), using one or more of the professional development programs approved pursuant to subdivision (a), except as provided in clause (ii). (ii) Notwithstanding clause (i), if a local educational agency is apportioned funds pursuant to subparagraph (

A) of paragraph (1), those funds may be used to provide opportunities for professional development using a professional development program not approved pursuant to subdivision (a), provided that the program aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (

a) and the criteria and guidance approved pursuant to subdivision (a). (

B) If there are remaining funds after complying with subparagraph (A), a local educational agency may provide opportunities for professional development for teachers who teach pupils in grades other than transitional kindergarten, kindergarten, or any of grades to 5, inclusive, as well as opportunities for additional professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades to 5, inclusive, who have passed the literacy performance assessment pursuant to

Section 44320.3 or already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (

a) and the criteria and guidance approved pursuant to subdivision (a).

(3) As a condition of receiving funds apportioned pursuant to this subdivision, a local educational agency shall, on or before September 1, 2029, report to the department, in a form and manner determined by the department, the number of teachers that received professional development and which professional development program was used at the local educational agency and schoolsite level.

(4) The department shall summarize the information reported pursuant to paragraph (3) and shall submit the

summary to the appropriate budget subcommittees and policy committees of the Legislature, in compliance with

Section of the Government Code, and to the Department of Finance on or before February 1, 2030. (d)</xhtml:p>"?> (

e) For purposes of this section, the following

definitions apply: (1) “Local educational agency” means a school district, county office of education, charter school, or state special school. (2) “Small professional development program provider” means an independently owned or operated professional development program provider that, together with its affiliates, has or fewer employees, and has average annual gross receipts of two million dollars ($2,000,000) or less over the previous three years.

SEC.

Section 41206.04 of the Education Code is amended to read: 41206.04. (a)

(1) The Legislature finds and declares all of the following: (

A) The calculation of the state’s minimum funding obligation pursuant to subdivision (

b) of

Section of

Article XVI of the California Constitution must be based upon actual tax revenue data when it is available. (

B) Due to winter storms in early 2023, the United States Internal Revenue Service extended the tax filing deadlines for the tax year to November 16, 2023, for over percent of California taxpayers. The Franchise Tax Board conformed to this action and extended the state income and corporate tax filing deadlines to November 16, 2023. Because of these extensions, the Legislature did not have actual tax revenue data at the time the Budget Act of 2023 (Chs. 12, 38, and 189, Stats. 2023) was enacted upon which to determine the accurate state minimum funding obligation for the 2022–23 fiscal year. (

C) Due to the lack of actual tax revenue data, the minimum funding obligation for the 2022–23 fiscal year funded in the Budget Act of was in total six billion one hundred ninety-two million nine hundred twenty-nine thousand dollars ($6,192,929,000) over the minimum funding obligation computed with actual tax revenue data.

(2) It is the intent of the Legislature to do all of the following: (

A) Provide a methodology in this

section to account for the costs identified in subparagraph (

C) of paragraph (1). (

B) Reflect the minimum funding obligation to school districts and community colleges pursuant to

Section of

Article XVI of the California Constitution in the 2023–24 fiscal year. (

C) Provide a methodology to keep future fiscal years open for the purpose of computing the minimum funding obligation in any fiscal year in which a significant proportion of actual tax revenue data is not available before May due to extraordinary personal and corporate tax filing extensions, without reducing school funding already allocated in an impacted fiscal year. (b)

(1) For purposes of

Section 41206.03, five billion four hundred twenty-two million one hundred forty-three thousand dollars ($5,422,143,000) allocated in the 2022–23 fiscal year to support school district and charter school local control funding formula apportionments pursuant to Sections 42238.02 and 42238.03 and the associated warrants issued pursuant to

Section shall be considered excess moneys credited to the 2022–23 fiscal year only for the purposes of determining the state’s minimum funding obligation to school districts and community college districts in the 2022–23 and 2023–24 fiscal years pursuant to

Section of

Article XVI of the California Constitution.

(2) For purposes of

Section 41206.03, seven hundred seventy million seven hundred eighty-six thousand dollars ($770,786,000) allocated in the 2022–23 fiscal year to support community college student centered funding formula apportionments pursuant to

Section 84750.4 and the associated warrants issued pursuant to

Section shall be considered excess moneys credited to the 2022–23 fiscal year only for the purposes of determining the state’s minimum funding obligation to school districts and community college districts in the 2022–23 and 2023–24 fiscal years pursuant to

Section of

Article XVI of the California Constitution. (c) (1) (A) (

i) In the 2027–28 fiscal year, and annually for fiscal years thereafter through the 2038–39 fiscal year, four hundred thirty-seven million seven hundred sixty-nine thousand dollars ($437,769,000) of the amount described in paragraph (1) of subdivision (

b) shall be recognized for budgetary and financial reporting purposes, pursuant to

Section of the Government Code, as an allocation from the General Fund to the Superintendent for local control funding formula entitlements attributable to the 2022–23 fiscal year pursuant to Sections 42238.02 and 42238.03, and the associated warrants issued pursuant to

Section 14041, in the 2022–23 fiscal year. (ii) In the 2039–40 fiscal year, one hundred sixty-eight million nine hundred fifteen thousand dollars ($168,915,000) of the amount described in paragraph (1) of subdivision (

b) shall be recognized for budgetary and financial reporting purposes, pursuant to

Section of the Government Code, as an allocation from the General Fund to the Superintendent for local control funding formula entitlements attributable to the 2022–23 fiscal year pursuant to Sections 42238.02 and 42238.03, and the associated warrants issued pursuant to

Section 14041, in the 2022–23 fiscal year. (B) (

i) In the 2027–28 fiscal year, and annually for fiscal years thereafter through the 2038–39 fiscal year, sixty-two million two hundred thirty-one thousand dollars ($62,231,000) of the amount described in paragraph (2) of subdivision (

b) shall be recognized for budgetary and financial reporting purposes, pursuant to

Section of the Government Code, as an allocation from the General Fund to the Board of Governors of the California Community Colleges to support student centered funding formula entitlements attributable to the 2022–23 fiscal year pursuant to

Section 84750.4, and the associated warrants issued pursuant to

Section 84320, in the 2022–23 fiscal year. (ii) In the 2039–40 fiscal year, twenty-four million fourteen thousand dollars ($24,014,000) of the amount described in paragraph (2) of subdivision (

b) shall be recognized for budgetary and financial reporting purposes, pursuant to

Section of the Government Code, as an allocation from the General Fund to the Board of Governors of the California Community Colleges to support student centered funding formula entitlements attributable to the 2022–23 fiscal year pursuant to

Section 84750.4, and the associated warrants issued pursuant to

Section 84320, in the 2022–23 fiscal year. (2) Paragraph (1) requires only that the specified portions of the allocations made in the 2022–23 fiscal year be recognized for budgetary and financial reporting purposes in the specified fiscal years, and nothing in paragraph (1) shall be interpreted to make new appropriations of those amounts described in paragraph (1) in the specified fiscal years.

(3) The recognition of the amounts described in paragraph (1) for budgetary and financial reporting purposes shall not be credited as General Fund revenues appropriated to school districts and community colleges to meet the state’s minimum funding obligation to school districts and community college districts pursuant to

Section of

Article XVI of the California Constitution in the fiscal year in which the recognition occurs and shall not be included in the total allocations to school districts and community college districts from General Fund proceeds of taxes pursuant to

Article XIII B of the California Constitution in the fiscal year in which the recognition occurs. (d)

(1) Commencing with the 2024–25 fiscal year and each fiscal year thereafter, this subdivision applies to any fiscal year in which California personal and corporate income tax filing deadlines are extended to conform with filing extensions announced by the United States Internal Revenue Service, which result in the delay of personal and corporate tax revenue collection until after May in counties that in total contributed more than percent of the state’s total personal and corporate tax revenue in the fiscal year immediately preceding the fiscal year impacted by the tax filing extension.

(2) For any impacted fiscal year for which this subdivision applies pursuant to paragraph (1), the Director of Finance shall, for purposes of Sections 41206.01 and 41206.03, consider the applicable fiscal year to be open until actual tax revenue data is available but no later than January of the subsequent fiscal year. Upon actual tax revenue data being available or the January deadline having passed, whichever occurs first, the Director of Finance shall subtract the total appropriations made to meet the state’s estimated minimum funding obligation for the support of school districts and community college districts pursuant to subdivision (

b) of

Section of

Article XVI of the California Constitution in the impacted fiscal year from the minimum funding obligation for the support of school districts and community college districts pursuant to subdivision (

b) of

Section of

Article XVI of the California Constitution calculated with actual tax revenue data for the impacted fiscal year.

(3) If the difference calculated pursuant to paragraph (2) is negative, meaning the total appropriations made to meet the estimated minimum funding obligation for the support of school districts and community college districts in the impacted fiscal year exceeded the minimum funding obligation to school districts and community college districts calculated with actual tax revenue data for the impacted fiscal year, all of the following apply: (

A) The difference shall not be considered General Fund revenues appropriated to school districts and community colleges to meet the state’s minimum funding obligation pursuant to

Section of

Article XVI of the California Constitution in the impacted fiscal year in which the allocations were made. (

B) The difference shall not be included in the total allocations to school districts and community college districts from General Fund proceeds of taxes pursuant to

Article XIII B of the California Constitution made in the impacted fiscal year in which the allocation is made for purposes of calculating the state’s minimum funding obligation pursuant to

Section of

Article XVI of the California Constitution in the subsequent fiscal year. (

C) The difference shall not be considered excess moneys credited to the fiscal year certified pursuant to subdivision (

b) of

Section 41206.03.

(4) Of the amount calculated pursuant to paragraph (2), the Department of Finance shall determine the respective amounts that are not to be considered General Fund appropriations to school districts and community colleges to meet the state’s minimum funding obligation pursuant to

Section of

Article XVI of the California Constitution and that shall be attributable to (

A) local control funding formula entitlements pursuant to Sections 42238.02 and 42238.03 and the associated warrants issued pursuant to

Section for the impacted fiscal year and (

B) student centered funding formula entitlements pursuant to

Section 84750.4 and the associated warrants issued pursuant to

Section for the impacted fiscal year. (5) (

A) If the amount calculated pursuant to paragraph (2) is negative, in the third fiscal year following the impacted fiscal year, and annually for nine fiscal years immediately thereafter, 10 equal shares of the amounts calculated by the Department of Finance pursuant to paragraph (4) shall be recognized for budgetary and financial reporting purposes, pursuant to

Section of the Government Code, as an allocation from the General Fund to both of the following: (

i) The Superintendent, to support local control funding formula entitlements pursuant to Sections 42238.02 and 42238.03, and the associated warrants issued pursuant to

Section 14041, for the applicable fiscal year, in an amount equal to 89.07 percent of the total calculated pursuant to paragraph (2). (ii) The Board of Governors of the California Community Colleges, to support student centered funding formula entitlements pursuant to

Section 84750.4, and the associated warrants issued pursuant to

Section 84320, for the applicable fiscal year, in an amount equal to 10.93 percent of the total calculated pursuant to paragraph (2). (

B) Subparagraph (

A) requires only that the specified portions of the allocations made in the impacted fiscal year be recognized for budgetary and financial reporting purposes in the specified fiscal years, and nothing in subparagraph (

A) shall be interpreted to make new appropriations of the amounts described in subparagraph (

A) in the specified fiscal years.

(6) The recognition of the amounts described in paragraph (5) for budgetary and financial reporting purposes shall not be considered General Fund revenues appropriated to school districts and community colleges to meet the state’s minimum funding obligation to school districts and community college districts pursuant to

Section of

Article XVI of the California Constitution in the fiscal year in which the recognition occurs and shall not be included in the total allocations to school districts and community college districts from General Fund proceeds of taxes pursuant to

Article XIII B of the California Constitution in the fiscal year in which the recognition occurs.

SEC.

Section 42238.016 of the Education Code is amended to read: 42238.016. (

a) The department shall, on or before July 1, 2026, create a data collection system for salary and benefits data for represented certificated and classified nonmanagement employees. The data collected shall include salary, benefits, and full-time equivalent employee counts for certificated employees and for employees in the following classified bargaining unit classifications, which shall be collected in the same manner as for certificated employees, as determined by the department:

(1) Entry level schoolsite secretary or administrative assistant.

(2) Entry level central office secretary or administrative assistant.

(3) Entry level custodian.

(4) Entry level bus driver.

(5) Entry level food service worker.

(6) Entry level special education instructional aide.

(7) Entry level general education instructional aide. (b)

(1) On or before August 31, 2026, and on or before July annually thereafter, school districts, county offices of education, and direct-funded charter schools as described in

Section shall complete the data collection process created pursuant to subdivision (

a) and report the data to the department. A school district or county office of education that is the chartering authority or designated oversight agency of a locally funded charter school as described in

Section shall complete and report the data to the department for the locally funded charter school. (2) (

A) For the 2026–27 fiscal year, the department shall make the data for the immediate prior fiscal year submitted by school districts, county offices of education, and direct-funded charter schools pursuant to this

section publicly available in a downloadable open file data format by February 26, 2027. (

B) Commencing with the 2027–28 fiscal year, the department shall make the data for the immediate prior fiscal year submitted by school districts, county offices of education, and direct-funded charter schools publicly available in a downloadable open file data format pursuant to this

section by December of each year. (

c) On or before January 31, 2027, and on or before November annually thereafter, the department shall report to the Legislature, in compliance with

Section of the Government Code, on the progress of school districts, county offices of education, and charter schools in increasing salaries for classified employees and certificated employees. This report shall include the following:

(1) The change in salary rates for certificated employees as compared to the last fiscal years or, if the data has been filed for fewer than fiscal years, whichever year the data was filed for first.

(2) The change in salary rates for classified employees as compared to the last fiscal years or, if the data has been filed for fewer than fiscal years, whichever year the data was filed for first.

(3) The salary rate changes year over year.

(4) The rate of salary change compared to the rate of yearly inflation as measured by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year.

(5) The rate of total compensation changes year over year. (

d) For purposes of this section, the following

definitions apply: (1) “Classified bargaining unit classification” does not include, for purposes of determining employees in that classification, confidential employees as defined in

Section 3540.1 of the Government Code. (2) “Full-time equivalent” means, for classified employees, the total number of full-time equivalent employees in the local educational agency, with the number of full-time equivalent employees in each classified bargaining unit classification computed as the sum of both of the following: (

A) The sum of the full-time equivalent of employees who work full-time hours in each work day, as defined by the local educational agency, in that classification. Each of these employees shall count as 1.0 full-time equivalent. (

B) The sum of the full-time equivalent of employees who work less than full-time hours in each work day, as defined by the local educational agency, in that classification. The full-time equivalent of these employees shall be calculated by dividing the number of hours each employee works each day in that classification by the number of full-time hours. (3) “Salary” means the hourly wage paid for work by classified employees or the annual wage paid for work by certificated employees.

SEC.

Section 44400.03 of the Education Code is amended to read: 44400.03. (

a) For 2025–26 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated for the General Fund to the Commission on Teacher Credentialing to support the Student Teacher Stipend Program established in this article. These funds shall be available for encumbrance until June 30, 2030. (

b) For the 2025–26 fiscal year, of the amount appropriated in subdivision (a), up to six million dollars ($6,000,000) shall be available for the Kern County Superintendent of Schools to do the following: (1) (

A) Conduct a multimedia campaign beginning no later than April 1, 2026, and ending no sooner than July 1, 2028, to encourage students enrolled in California-based institutions of higher education and individuals employed in related fields to pursue a career in public school employment, become a credentialed teacher, and enroll in a program of professional preparation accredited by the Commission on Teacher Credentialing. (

B) In conducting the multimedia campaign, the Kern County Superintendent of Schools shall consult with the Commission on Teacher Credentialing, the Student Aid Commission, the department, and other educator credentialing interestholders to create and disseminate outreach to local educational agencies, institutions of higher education, and educator pipeline organizations, including classified employees, expanded learning employees, career technical education programs, and labor organizations.

These multimedia outreach methods and materials shall include state and federal student aid and education loan repayment options for aspiring or current educators and other investments that benefit teachers, including, but not limited to, the Student Teacher Stipend Program, the Golden State Teacher Grant Program, and the National Board for Professional Teaching Standards Certification Incentive Program. (2) (

A) Develop a grants management system that could be utilized by the Commission on Teacher Credentialing to streamline the application and administration process for all teacher recruitment and retention programs that the Commission on Teacher Credentialing administers. (

B) The grant management system shall be available for public use no later than April 1, 2026 for applications for the administration of the Student Teacher Stipend Program for the 2026–27 school year. (

C) The grant management system shall include program administration for the National Board for Professional Teaching Standards Certification Incentive Program beginning no later than April 1, 2027. (

D) Notwithstanding any other law, any work executed pursuant to this paragraph shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of Technology.

(3) Contract for a comprehensive independent evaluation of the state’s investments in educator recruitment and retention pursuant to this

article and

Section 44395, and report the evaluation to the Legislature on or before July 1, 2029, consistent with

Section of the Government Code. This evaluation shall include the programs’ effectiveness in impacting prospective educator decisions to enroll in a student teaching program, increasing the number of individuals completing their student teaching program, increasing the number of individuals completing their student teaching programs in high-need credential areas, and increasing the retention rates of educators after the first two years of employment, and include the demographics of the participants in the programs. (

c) For purposes of making the computations required by

Section of

Article XVI of the California Constitution, the appropriation made pursuant to subdivision (

a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (

c) of

Section of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to

Article XIII B,” as defined in subdivision (

e) of

Section of the Education Code, for the 2024–25 fiscal year.

SEC. 5.

Section of the Education Code is amended to read: 45500. (

a) The Classified School Employee Summer Assistance Program is hereby established. (

b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section. (

c) A local educational agency may elect to participate in the program. A participating local educational agency shall notify classified employees, by January during a fiscal year in which moneys are appropriated for purposes of this section, that the local educational agency has elected to participate in the program for the next school year.

Once a local educational agency elects to participate in the program and notifies classified employees pursuant to this subdivision, the local educational agency is prohibited from reversing its decision to participate in the program for the next school year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section. (d)

(1) A classified employee who elects to participate in the program shall notify the local educational agency, in writing, by March during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that the classified employee wishes to participate in the program for the applicable school year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable school year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments.

A participating classified employee may elect to have up to percent of the classified employee’s monthly pay withheld during the applicable school year.

(2) A classified employee is eligible to participate in the program if the classified employee has been employed with the local educational agency for at least one year at the time the classified employee elects to participate in the program. (3) (

A) A classified employee is eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee outside of their regular assignment. (

B) For the 2020–21, 2021–22, and 2022–23 school years, for purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible for this program. (4) (

A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the local educational agency is more than sixty-two thousand four hundred dollars ($62,400) for an entire school year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the local educational agency, the employing local educational agency shall exclude any pay received by the classified employee during the previous summer recess period. (

B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a local educational agency during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph. (

e) A local educational agency that elects to participate in the program shall notify the department in writing, by April during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that it has elected to participate in the program. The local educational agency shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable school year. (

f) The department shall notify participating local educational agencies in writing, by May during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this

section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the department shall notify local educational agencies of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program. (

g) Participating local educational agencies shall notify participating classified employees, by June during a fiscal year in which moneys are appropriated for purposes of this section, the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (

d) by notifying the employing local educational agency no later than days after the start of school instruction for the applicable school year. (

h) The local educational agency shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (

d) in a separate account. (i)

(1) A classified employee that separates from employment with a local educational agency during the applicable school year may request from the local educational agency any pay withheld from their paycheck pursuant to this section.

(2) A classified employee, due to economic or personal hardship, may request from the local educational agency any pay withheld from their paycheck pursuant to this section.

(3) A classified employee who requests any pay withheld by the local educational agency pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section. (

j) Participating local educational agencies shall request payment from the department, on or before July following the end of a school year during which the program was operative, on a form developed by the department, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (

k) The department may use any unexpended balance of moneys appropriated in any prior fiscal year to the department for purposes of this

section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks. (

l) The department shall apportion funds to participating local educational agencies within days of receiving a request for payment by the participating local educational agency pursuant to subdivision (j). The apportionment shall be determined for each local educational agency by the department on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (

m) If the total amount requested by participating local educational agencies exceeds the amount appropriated for purposes of this section, the department shall prorate the amount apportioned to participating local educational agencies accordingly, based on the amounts requested pursuant to subdivision (j). (

n) The participating local educational agency shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the department that is attributable to the amount withheld from that classified employee’s paychecks during the applicable school year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d). (

o) The state match funding received by participating classified employees pursuant to this

section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System. (p)

(1) For the 2019–20 fiscal year, the program shall be funded pursuant to

Section of

Chapter of the Statutes of 2019.

(2) For the 2020–21 fiscal year and each fiscal year thereafter, the operation of this

section shall be contingent upon an appropriation in the annual Budget Act or another statute. (

q) For purposes of this section, the following

definitions apply: (1) “Local educational agency” means a school district or county office of education. (2) “Month” means days or four weeks of days each, including legal holidays. (3) “Program” means the Classified School Employee Summer Assistance Program. (4) “Regular assignment” means a classified employee’s employment during the academic school year, excluding the summer recess period. (

r) It is the intent of the Legislature that participating employees in this

section include all classified employees, as defined in this chapter, including teacher assistants, that meet the specified program requirements. (

s) Commencing with the annual Budget Act for the 2023–24 fiscal year, and notwithstanding

Section 1.80 of the annual Budget Act, the funds appropriated in Item 6100-220-0001 of the annual Budget Act shall be available for encumbrance during both the fiscal year in which the funds are appropriated and the immediately following fiscal year.

SEC. 5.5.

Section of the Education Code is amended to read: 45500. (

a) The Classified School Employee Summer Assistance Program is hereby established. (

b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section. (

c) A local educational agency may elect to participate in the program. A participating local educational agency shall notify classified employees, by January during a fiscal year in which moneys are appropriated for purposes of this section, that the local educational agency has elected to participate in the program for the next school year.

Once a local educational agency elects to participate in the program and notifies classified employees pursuant to this subdivision, the local educational agency is prohibited from reversing its decision to participate in the program for the next school year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section. (d)

(1) A classified employee who elects to participate in the program shall notify the local educational agency, in writing, by March during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that the classified employee wishes to participate in the program for the applicable school year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable school year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments.

A participating classified employee may elect to have up to percent of the classified employee’s monthly pay withheld during the applicable school year.

(2) A classified employee is eligible to participate in the program if the classified employee has been employed with the local educational agency for at least one year at the time the classified employee elects to participate in the program. (3) (

A) A classified employee is eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee outside of their regular assignment. (

B) For the 2020–21, 2021–22, and 2022–23 school years, for purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible for this program. (4) (

A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the local educational agency is more than sixty-two thousand four hundred dollars ($62,400) for an entire school year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the local educational agency, the employing local educational agency shall exclude any pay received by the classified employee during the previous summer recess period. (

B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a local educational agency during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph. (

e) A local educational agency that elects to participate in the program shall notify the department in writing, by April during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that it has elected to participate in the program. The local educational agency shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable school year. (

f) The department shall notify participating local educational agencies in writing, by May during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this

section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the department shall notify local educational agencies of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program. (

g) Participating local educational agencies shall notify participating classified employees, by June during a fiscal year in which moneys are appropriated for purposes of this section, the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (

d) by notifying the employing local educational agency no later than days after the start of school instruction for the applicable school year. (

h) The local educational agency shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (

d) in a separate account. (i)

(1) A classified employee that separates from employment with a local educational agency during the applicable school year may request from the local educational agency any pay withheld from their paycheck pursuant to this section.

(2) A classified employee, due to economic or personal hardship, may request from the local educational agency any pay withheld from their paycheck pursuant to this section.

(3) A classified employee who requests any pay withheld by the local educational agency pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section. (

j) Participating local educational agencies shall request payment from the department, on or before July following the end of a school year during which the program was operative, on a form developed by the department, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (

k) The department may use any unexpended balance of moneys appropriated in any prior fiscal year to the department for purposes of this

section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks. (

l) The department shall apportion funds to participating local educational agencies within days of receiving a request for payment by the participating local educational agency pursuant to subdivision (j). The apportionment shall be determined for each local educational agency by the department on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (

m) If the total amount requested by participating local educational agencies exceeds the amount appropriated for purposes of this section, the department shall prorate the amount apportioned to participating local educational agencies accordingly, based on the amounts requested pursuant to subdivision (j). (

n) The participating local educational agency shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the department that is attributable to the amount withheld from that classified employee’s paychecks during the applicable school year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d). (

o) The state match funding received by participating classified employees pursuant to this

section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System. (p)

(1) For the 2019–20 fiscal year, the program shall be funded pursuant to

Section of

Chapter of the Statutes of 2019.

(2) For the 2020–21 fiscal year and each fiscal year thereafter, the operation of this

section shall be contingent upon an appropriation in the annual Budget Act or another statute. (

q) For purposes of this section, the following

definitions apply: (1) “Local educational agency” means a school district, county office of education, or joint powers authority described in subdivision (

a) of

Section and formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with

Section 6500) of Division of Title of the Government Code). (2) “Month” means days or four weeks of days each, including legal holidays. (3) “Program” means the Classified School Employee Summer Assistance Program. (4) “Regular assignment” means a classified employee’s employment during the academic school year, excluding the summer recess period. (

r) It is the intent of the Legislature that participating employees in this

section include all classified employees, as defined in this chapter, including teacher assistants, that meet the specified program requirements. (

s) Commencing with the annual Budget Act for the 2023–24 fiscal year, and notwithstanding

Section 1.80 of the annual Budget Act, the funds appropriated in Item 6100-220-0001 of the annual Budget Act shall be available for encumbrance during both the fiscal year in which the funds are appropriated and the immediately following fiscal year.

SEC. 6.

Section of the Education Code is amended to read: 46120. (a)

(1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities.

(2) The Expanded Learning Opportunities Program is hereby established. (b)

(1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (

d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades to 6, inclusive, and provide to at least percent of enrolled unduplicated pupils in classroom-based instructional programs in kindergarten and grades to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this

section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements.

(2) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraphs (

B) and (

C) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program.

(3) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (

D) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program.

(4) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to paragraph (1) of subdivision (d), expanded learning opportunity programs shall include all of the following: (

A) On schooldays, as described in

Section and Sections to 46119, inclusive, and days on which school is taught for the purpose of meeting the 180-instructional-day offering as described in

Section for school districts and the 175-instructional-day offering as described in

Section of Title of the California Code of Regulations for charter schools, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day. (B) (

i) For at least nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (

b) of

Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day. (ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day. (

C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no fewer than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no fewer than eight hours of in-person expanded learning opportunities on at least nonschooldays.

(5) Local educational agencies operating expanded learning opportunity programs pursuant to this

section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (

g) of

Section 8482.3, including the development of a program plan based on all of the following: (

A) The department’s guidance. (

B) Section 8482.6. (C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (

c) of

Section 8483.3. (

D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than to 1.

(6) Local educational agencies shall prioritize services provided pursuant to this

section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area.

(7) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity programs provided pursuant to this section.

(8) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with

Section 8482.6.

(9) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas.

(10) This

section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.

(11) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours.

(12) For a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions listed in

Section or subdivision (

d) of

Section 8482.8, and is not able to meet all of the requirements pursuant to paragraph (1), which is in fact shown by a resolution adopted by the governing board or body of the local educational agency, in addition to documentation substantiating the need for closure, the local educational agency shall not be subject to the penalty required pursuant to paragraphs (1) to (3), inclusive, of subdivision (

c) as a result of the emergency. (13) (

A) An expanded learning opportunity program shall not be required to comply with the requirements of

Chapter 2 (commencing with

Section 8200) of Part of Division of Title or the requirements set forth in

Chapter of Division of Title of the California Code of Regulations. (

B) Notwithstanding any other law, an expanded learning opportunity program operating pursuant to this

section may operate without obtaining a child daycare facility license or special permit pursuant to

Chapter 3.4 (commencing with

Section 1596.70) of, and

Chapter 3.5 (commencing with

Section 1596.90) of, Division of the Health and Safety Code. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph. (

C) Notwithstanding subparagraph (B), an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit pursuant to

Chapter 3.4 (commencing with

Section 1596.70) of, and

Chapter 3.5 (commencing with

Section 1596.90) of, Division of the Health and Safety Code, as of June 1, 2023, shall maintain that license or permit capacity as a requirement of contracting pursuant to this

section until June 30, 2025. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph. (

D) Nothing in this

section exempts an expanded learning opportunity program operating pursuant to this

section from complying with the child daycare facility license requirements set forth in

Chapter 3.4 (commencing with

Section 1596.70) of, and

Chapter 3.5 (commencing with

Section 1596.90) of, Division of the Health and Safety Code when serving children who do not participate in the After School Education and Safety Program (Article 22.5 (commencing with

Section 8482) of

Chapter of Part of Division of Title 1), 21st Century Community Learning Centers (Article 22.6 (commencing with

Section 8484.7) of

Chapter of Part of Division of Title 1), or the Expanded Learning Opportunities Program pursuant to this section. If multiple funding sources are used to serve pupils in an expanded learning opportunity program, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements. (c) (1) (

A) Commencing with the 2023–24 fiscal year, a local educational agency shall be subject to the audit conducted pursuant to

Section to determine compliance with subdivision (b). (

B) Notwithstanding subparagraph (A), commencing with the 2025–26 fiscal year, a local educational agency that received funding pursuant to subparagraph (

D) of paragraph (1) of subdivision (

d) in the prior applicable fiscal year, and receives funding pursuant to subparagraph (

C) of paragraph (1) of subdivision (

d) in the current applicable fiscal year, shall be subject to the audit conducted pursuant to

Section to determine compliance with paragraph (3) of subdivision (

b) for that current applicable fiscal year only and, for each fiscal year thereafter, shall be subject to an audit to determine compliance with paragraph (2) of subdivision (b).

(2) Commencing with the 2023–24 fiscal year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (2) or (3) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (

d) an amount proportionate to the number of pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph. (3) (

A) Commencing with the 2023–24 fiscal year, if a school district fails to maintain the required number of days or hours described in subparagraphs (

A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements. (

B) Commencing with the 2023–24 fiscal year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (

A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements. (d)

(1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (h), if applicable, in the following manner: (

A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (

b) of

Section 42238.02 of equal to or greater than percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (

B) For the 2022–23 to 2024–25 fiscal years, inclusive, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (

b) of

Section 42238.02 of equal to or greater than percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (

C) Commencing with the 2025–26 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (

b) of

Section 42238.02 of equal to or greater than percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (

D) For all other local educational agencies not receiving an allocation under subparagraph (A), (B), or (C), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (h), if applicable, after the amount allocated pursuant to subparagraph (A), (B), or (C), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage.

Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. The per-unit rate pursuant to this subparagraph shall not exceed the per-unit rate pursuant to subparagraph (C). (

E) For purposes of allocating funding pursuant to subparagraphs (

C) and (

D) for the 2025–26 fiscal year only, the Superintendent shall calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades to 6, inclusive, and the second period reported kindergarten and grades to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to the following local educational agencies: (

i) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District. (ii) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District. (iii) Alma Fuerte Public in the City of Pasadena. (iv) The Los Angeles Unified School District and the Pasadena Unified School District. (2) (

A) For the 2021–22 fiscal year to the 2024–25 fiscal year, inclusive, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000). (

B) Commencing with the 2025–26 fiscal year, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than one hundred thousand dollars ($100,000). (3) (

A) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities. (

B) Funds provided to a local educational agency pursuant to paragraph (1) may also be used to support attendance recovery pursuant to

Article 9 (commencing with

Section 46210) when attendance recovery is operated by a local educational agency in conjunction with, and on the same schoolsite as, its expanded learning opportunities program. A local educational agency that elects to use expanded learning opportunity program funds to support attendance recovery shall comply with the supervision requirements described in subdivision (

f) of

Section 46211.

(4) A local educational agency receiving funding pursuant to subparagraph (

B) or (

C) of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (

B) or (

C) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.

(5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this

section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure. (6) (

A) For the 2021–22 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2022–23 and 2023–24 fiscal years. Any encumbered funds pursuant to this paragraph that are not expended by the school district or charter school by September 30, 2024, shall be returned to the state. (

B) On or before October 31, 2024, each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (

D) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the 2021–22 and 2022–23 fiscal years pursuant to subparagraphs (A), (B), and (

D) of paragraph (1). (C) (

i) For the 2024–25 fiscal year, funds returned pursuant to subparagraph (

A) shall be added to the amount of funds remaining from the appropriations in the calculation of the rate pursuant to subparagraph (

D) of paragraph (1), and be expended consistent with paragraphs (9) and (10), up to the amount sufficient to provide the amount of two thousand dollars ($2,000) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage.

Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (ii) If there is insufficient funding to provide the full amount described in clause (i), the Superintendent may prorate that amount per unit. (7) (

A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows: (

i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of

Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts. (ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of

Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (

a) of

Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district.

If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district. (

B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows: (

i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of

Section 35511, the sum of the average daily attendance of the original school districts. (ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district. (iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (

a) of

Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district. (iv) For purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district. (8) (

A) Beginning with the 2022–23 fiscal year, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in

Section 8483.55. County offices of education already providing technical assistance pursuant to

Section 8483.55 shall be prioritized to receive these funds. (

B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs. (9) (

A) Commencing with the 2023–24 fiscal year, any funds allocated pursuant to subparagraphs (B), (C), and (

D) of paragraph (1) shall be expended by June of the fiscal year following the fiscal year in which the appropriation is made. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state. On or before September of the second fiscal year following the fiscal year in which the appropriation is made, each local educational agency receiving an allocation pursuant to subparagraph (B), (C), or (

D) of paragraph (1) shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the fiscal year pursuant to subparagraph (B), (C), or (

D) of paragraph (1). (

B) If a charter school receiving an allocation pursuant to subparagraph (B), (C), or (

D) of paragraph (1) ceases to operate, a final expenditure report, using a template developed by the department, shall be due to the department within days of the effective date of closure. The department shall collect any unspent amounts from funds allocated to the charter school in that fiscal year and the immediately preceding fiscal year. (10) (

A) Commencing with the 2025–26 fiscal year and annually thereafter, local educational agencies shall annually declare their operational intent to the department to run an expanded learning opportunity program pursuant to this

section in accordance with instructions and forms prescribed and furnished by the Superintendent. (

B) To the extent possible, any funds made available by a local educational agency’s decision not to operate an expanded learning opportunity program may be reallocated pursuant to subparagraph (

D) of paragraph (1). (

e) Commencing with the 2023–24 school year, the Superintendent, in consultation with the State Department of Social Services, shall establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency’s school campus pursuant to this section, and California state preschool program providers pursuant to

Chapter 2 (commencing with

Section 8200) of Part of Division of Title 1, to annually submit program access information to the department, which shall distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to the local educational agency’s applicable resource and referral agency. Information required to be submitted under this subdivision shall include, but not be limited to, all of the following:

(1) The name, address, and telephone number of each third party.

(2) The number of pupils being served by each third party, as well as the grade levels of those pupils.

(3) The State Department of Social Services child daycare facility license number of each third party, if applicable.

(4) A single point of contact for each local educational agency regarding expanded learning opportunity programs. (

f) By February 1, 2024, the Superintendent, in consultation with the State Department of Social Services, shall submit a report to the relevant fiscal and policy committees of the Legislature that includes all of the following:

(1) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year, and how many pupils are provided access to these programs.

(2) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during nonschooldays, and how many pupils are provided access to these programs.

(3) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site in the 2023–24 and 2024–25 fiscal years who are also licensed by the State Department of Social Services for purposes of community care licensing, the type of programs that are licensed by the State Department of Social Services for purposes of community care licensing, and how many pupils are provided access to their programs.

(4) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during the fiscal year, how many contractors they work with, and the number of pupils provided access to these programs, by grade.

(5) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during nonschooldays, how many contractors they work with, and the number of pupils provided access to these programs, by grade. (

g) For purposes of this section, the following

definitions apply: (1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in

Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities. (2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of fewer than persons per square mile. (3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to

Section 47605.5. (4) “Nonschooldays” means days not identified pursuant to subparagraph (

A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in

Section 37223. (5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels, including, but not limited to, publishing program availability information in local educational agency pupil enrollment forms, on the local educational agency internet website, and posted publicly at each program site in a location accessible to the public. (6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program.

If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program.

For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency. (7) “Unduplicated pupil” has the same meaning as in

Section 42238.02. (

h) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section. (

i) For purposes of making the computations required by

Section of

Article XVI of the California Constitution, the appropriation made by subdivision (

h) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (

c) of

Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to

Article XIII B,” as defined in subdivision (

e) of

Section 41202, for the 2020–21 fiscal year.

SEC. 7.

Section of the Education Code is amended to read: 46211. (

a) Beginning July 1, 2025, to address the educational and fiscal impacts of pupil absences, a local educational agency may implement attendance recovery programs for pupils to make up lost instructional time and offset absences, including reducing chronic absenteeism. (b)

(1) An attendance recovery program implemented pursuant to this

article may be operated before or after school, on weekends, or during intersessional periods. Local educational agencies that operate attendance recovery programs shall offer access to attendance recovery programs throughout the school year, including, at least once during each term, such as each trimester or quarter. Average daily attendance generated through an attendance recovery program shall be credited to the school year in which the attendance recovery program is operated and the local educational agency in which the pupil is enrolled.

(2) Instructional time included for the purposes of generating average daily attendance pursuant to this

section shall not be included within the instructional time used to meet the annual day and minute requirements pursuant to Sections 46207, 46208, 47612, and 47612.5 of this code, and

Section of Title of the California Code of Regulations, as applicable. (

c) Participation in an attendance recovery program shall not be compulsory or punitive for pupils. Pupils concurrently participating in both an attendance recovery program and an expanded learning opportunities program pursuant to

Section shall retain their ability to participate in the entirety of an expanded learning opportunities program’s offerings pursuant to

Section for the duration of the school year. (d)

(1) For participation in an attendance recovery program, a pupil shall not be credited with more than the lesser of the equivalent of days of attendance in a school year, or the number of absences the pupil accrued in that school year. For purposes of meeting all of the requirements of this section, an individual pupil shall not be credited with more than one day of attendance for any calendar day of participation in an attendance recovery program.

(2) A pupil shall not be credited with more than five days of attendance per school week for school districts or county offices of education, or more than one day of attendance in a calendar day when school is actually taught pursuant to

Section of this code and

Section of Title of the California Code of Regulations for charter schools.

(3) Attendance accrued through participation in an attendance recovery program shall be tracked and reported to the department by local educational agencies separately from average daily attendance generated during the schoolday in classroom-based programs.

(4) When reporting attendance accrued through participation in an attendance recovery program to the department pursuant to Sections and 60901, consistent with paragraph (3), the attendance shall be reported separately from those days of attendance not accrued through participation in an attendance recovery program. The department shall also separately report days accrued through attendance recovery programs on its internet website. (e)

(1) Notwithstanding Sections 46112, 46113, 46114, 46117, 46141, 46142, 46146, 46146.5, 46148, 46170, 46180, 48645.3, and 48663, pupils participating in an attendance recovery program operating pursuant to this

section may generate average daily attendance. Average daily attendance generated through a pupil’s participation in an attendance recovery program may be accumulated in increments of one hour, as documented by the teacher of each attendance recovery classroom described in subdivision (

g) and maintained by the local educational agency. A pupil shall only be credited with not less than a full day of attendance in an attendance recovery program, and only once the amount of time that a pupil participates in an attendance recovery program meets the applicable minimum daily minutes requirements pursuant to

Article 2 (commencing with

Section 46110) and

Article 3 (commencing with

Section 46140), including the minimum schoolday for a pupil with an individualized education program pursuant to

Section 46307, up to the limits established in subdivision (d). (2) (

A) For the purposes of computing average daily attendance for purposes of this article, the minimum daily instructional minute requirements pursuant to

Article 2 (commencing with

Section 46110) and

Article 3 (commencing with

Section 46140) apply to all local educational agencies, including charter schools, except for county community schools operated pursuant to

Chapter 6.5 (commencing with

Section 1980) of Part of Division of Title 1, continuation high schools operated pursuant to

Chapter 3 (commencing with

Section 48400) of

Part 27, opportunity schools operated pursuant to

Chapter 4 (commencing with

Section 48640) of

Part 27, juvenile court schools operated pursuant to

Article 2.5 (commencing with

Section 48645) of

Chapter of

Part 27, and community day schools operated pursuant to

Article 3 (commencing with

Section 48660) of

Chapter of

Part 27. (

B) Charter schools shall comply with the minimum daily instructional minute requirements for the applicable grade span pursuant to Sections 46112, 46113, 46114, 46117, 46141, and 46142. (

C) County community schools, continuation high schools, opportunity schools, juvenile court schools, and community day schools shall comply with schoolday and instructional minute requirements for the applicable setting pursuant to Sections 1983, 46170, 46180, 48645.3, and 48663. (

f) As a condition of generating average daily attendance, an attendance recovery program shall be composed of pupils engaged in educational activities and content aligned to grade level standards that are substantially equivalent to the pupils’ regular instructional program, which may include one-on-one or small group tutoring, and shall be under the immediate supervision and control of a certificated teacher who is also an employee of the local educational agency and who possesses a valid certification document, registered as required by law, pursuant to Sections and 47612.5.

An attendance recovery program shall not exceed a pupil-to-certificated teacher ratio of to for transitional kindergarten and kindergarten or to for grades to 12, inclusive. A local educational agency shall maintain documentation demonstrating how the attendance recovery program met the applicable ratios required pursuant to this subdivision. (g)

(1) An attendance recovery program shall be provided only as a limited-term option for a classroom-based, regular educational program for pupils in transitional kindergarten, kindergarten, and grades to 12, inclusive. Pupils otherwise enrolled in a nonclassroom-based program, including pupils served by a nonclassroom-based charter school pursuant to

Section 47612.5, shall not participate in an attendance recovery program and a local educational agency shall not generate apportionment through an attendance recovery program for pupils enrolled in a nonclassroom-based program. (2) (

A) For school districts, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than schooldays in a school year. (

B) For charter schools, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil is continually enrolled in independent study for more than schooldays on any of the days on which school is taught for the purpose of meeting the requirement to offer instructional days, as described in

Section of Title of the California Code of Regulations.

(3) A charter school that serves pupils pursuant to

Section 47612.1 shall not participate in an attendance recovery program operated pursuant to this section. (

h) On or before June 30, 2025, the department shall develop and maintain on its internet website guidance to support local educational agencies in creating and implementing high-quality attendance recovery programs. (i)

(1) In consultation with the executive director of the state board, the department shall research local pupil information systems to identify opportunities for local educational agencies to collect and report to the state more nuanced data about the reasons for pupil absences.

(2) At a minimum, the department shall investigate opportunities to use and improve existing pupil information systems to more accurately track pupil absences and their reasons, including, but not limited to, those absences caused by each of the following: (

A) School closures due to emergencies pursuant to

Section 41422. (

B) Schooldays of materially decreased attendance due to emergencies pursuant to

Section 46392. (

C) Pupil absences due to emergencies pursuant to

Section 46392, or any other personal or large-scale emergencies.

(3) The department shall use the research collected pursuant to this subdivision to develop recommendations to amend existing laws, regulations, guidance, and processes to collect, aggregate, and disaggregate absenteeism data from local educational agencies to provide additional clarity on the causes of pupil absenteeism across the state, including by pupil subgroup. These recommendations shall include steps to calculate an adjusted chronic absenteeism rate that does not include absences due to emergencies pursuant to

Section 46392.

(4) On or before January 1, 2026, the department shall submit a report of its findings and recommendations to the chairs of the budget committees of both houses of the Legislature, the Superintendent, the executive director of the state board, and the Director of Finance. (

j) Commencing with the 2025–26 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in subdivisions (

d) to (g), inclusive, including loss of apportionment for an attendance recovery program pursuant to this

article for local educational agencies found to be noncompliant. (

k) For purposes of this article, the following terms have the following meanings: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “School year” has the same meaning as described in

Section 37200.

SEC.

Section 48000.1 of the Education Code is amended to read: 48000.1. (

a) For the purposes of subparagraphs (

A) and (

B) of paragraph (4) of subdivision (

g) of

Section 48000, “units” means semester units, or their quarterly equivalent, as used for the purposes of a degree program at the University of California, California State University, California Community Colleges, or independent institutions of higher education, as defined in

Section 66010. (b)

(1) Commencing with the 2022–23 school year, if a school district or charter school fails to comply with the requirements of paragraphs (1) to (4), inclusive, of subdivision (

g) of

Section 48000, the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to

Section 42238.02 the sum of the following: (A) (

i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (2) of subdivision (

g) of

Section 48000, the amount determined by multiplying: (

I) The number of additional adults needed to meet the requirements of paragraph (2) of subdivision (

g) of

Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (

A) of paragraph (2) of subdivision (

g) of

Section 48000, by 12, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (

B) of paragraph (2) of subdivision (

g) of

Section 48000. (II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (III) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (

g) of

Section 42238.02. (ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (3) of subdivision (

g) of

Section 48000, the amount determined by multiplying: (

I) The number of additional adults needed to meet the requirements of paragraph (3) of subdivision (

g) of

Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (

A) of paragraph (2) of subdivision (

g) of

Section 48000, by 10, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (

B) of paragraph (2) of subdivision (

g) of

Section 48000. (II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (III) The per average daily attendance rate determined pursuant to paragraph (3) of subdivision (

g) of

Section 42238.02. (

B) For school districts and charter schools that fail to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, met one of the requirements of subparagraphs (

A) to (C), inclusive, of paragraph (4) of subdivision (

g) of

Section 48000, the amount determined by multiplying: (

i) The number of credentialed teachers that did not meet the requirements of subparagraphs (

A) to (C), inclusive, of paragraph (4) of subdivision (

g) of

Section 48000. (ii) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (iii) The per average daily attendance rate pursuant to subparagraph (

A) of paragraph (1) of subdivision (

d) of

Section 42238.02. (iv) The quotient of the sum of all schooldays on which all teachers identified pursuant to clause (

i) rendered any amount of service in a classroom with transitional kindergarten pupils without meeting the applicable requirements divided by the total days of instruction for those teachers. (C) (

i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (

g) of

Section 48000, the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten by the amount specified in subparagraph (

A) of paragraph (3) of subdivision (

d) of

Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades to 3, inclusive, pursuant to clause (

i) of subparagraph (

D) of paragraph (3) of subdivision (

d) of

Section 42238.02. (ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (

g) of

Section 48000, the amount determined by multiplying the transitional kindergarten average daily attendance for the second principal apportionment period for the affected schoolsites by the amount specified in subparagraph (

A) of paragraph (3) of subdivision (

d) of

Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades to 3, inclusive, pursuant to clause (

i) of subparagraph (

D) of paragraph (3) of subdivision (

d) of

Section 42238.02.

(2) The requirements of paragraphs (1), (2), and (4) of subdivision (

g) of

Section 48000, and, if operative, the requirements of paragraph (3) of subdivision (

g) of

Section 48000, shall apply to any classroom providing instruction to pupils enrolled in a transitiona