Repays Deferrals. Fully repays the remaining $12.4 billion in Proposition 98 cash deferrals in the 2021-22 fiscal year. (AB 130, Pages 52-58, Sections 10-12, Amends Education Code Sections 14041.5, 14041.6, 14041.65)
Proposition 98 Rainy Day Fund
The enacted budget includes payments into the Public School System Stabilization Account of $1.9 billion in 2020-21 and $2.6 billion in 2021-22, for a total balance of $4.5 billion at the end of the fiscal year which triggers the school districts’ reserve caps beginning in 2022-23.
(AB 128, Page 894, Section 12.32)
LCFF
Cost of Living Adjustment (COLA). The enacted budget provides a compounded COLA to the LCFF of 5.07%. (AB 130, Page 94, Section 27, Adds Education Code Section 42238.022)
Concentration Grant Changes. The enacted budget increases the value of the concentration grant add-on from 55% to 65% of the base grant, for each school district’s or charter school’s percentage of unduplicated students in excess to 55% of the local education agency’s (LEA’s) total enrollment, beginning in the 2021-22 fiscal year. LEAs that receive concentration grant funding will need to demonstrate that the additional funds will be used to:
- Increase the number of credentialed staff, classified staff (including custodial staff), or both of those, that provide direct services to pupils on school campuses with greater than 55% unduplicated student enrollment in the prior year.
- Measures the increase in staff by comparing the staff-to-student ratios at schools within the LEA with an unduplicated student enrollment in the prior year of 55% or less, if any.
(AB 130, Page 86, Section 26, Amends Education Code Section 42238.02; Page 185, Section 75, Amends Education Code Section 52064)
LCFF Supplemental and Concentration Grant Accountability Changes. Beginning with the 2022-23 Local Control Accountability Plan (LCAP) and Annual Update, each LEA shall do both of the following:
- Annually calculate the total difference between the total budgeted expenditures on planned actions reported in the demonstration of increased and improved services for unduplicated students LCAP section and the total estimated actual expenditures for those actions reported in the review of the progress section of the LCAP.
- If the total budgeted expenditures on planned actions is less than the estimated amount of supplemental and concentration grant funds, annually determine the total percentage point difference for any difference that materializes between the total planned quality improvements based on the planned specific actions reported and the total actual improvements for those actions reported in the LCAP.
- If the total estimated actual expenditures and the total quality improvements are less than the total budget expenditures and the total planned quality improvements, and together these efforts are less than the total increase or improvement in services, all of the following requirements shall apply:
- Express the difference as unused portion of supplemental and/or concentration grant funds.
- Expend the funds only to implement specific actions that satisfy the requirements for specific actions contributing towards meeting the increased or improved services.
- Report how the LEA plans to use these funds in the LCAP.
- These requirements are in addition to the improved or increased services for the following fiscal year.
- The LCAP will include a description of the planned uses of the specified funds and a description of how the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing to meeting the increased or improved services requirement.
(AB 130, Page 95, Section 29, Amends Education Code Section 42238.07; Page 185, Section 75, Amends Education Code Section 52064; Page 191, Section 76, Amends Education Code Section 52070; Page 192, Section 77, Amends Education Code Section 52070.5)
LCAP. The enacted budget requires the California State Board of Education (SBE) to revise the LCAP template on or before January 1, 2022, that includes how LEAs will demonstrate meeting both of the following requirements:
- The full proportionality obligation is being met annually through the listed actions and services.
- Each action’s quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated students is over and above the level of services provided to all students.
For LEAs that receive concentration grant funding, they will need to demonstrate that the additional funding will be used to increase the number of credentialed staff, classified staff, or both, that provide direct services to students on campuses with greater than 55% unduplicated student enrollment.
A county office of education (COE) shall approve an LEA’s LCAP or Annual Update LCAP and the State Superintendent of Public Instruction shall approve a COE’s LCAP or Annual Update LCAP on or before October 8 if it determines all of the following:
- If an LEA has numerically significant English learners, its LCAP shall include one or more specific actions for this subgroup, and at a minimum shall include the language acquisition programs it provides to them, as well as professional development activities specific to this population.
- If the LEA meets the criteria to receive technical assistance based on the performance of the same pupil subgroup(s) for three or more consecutive years, its LCAP will include a goal focused on improving the performance of the student subgroup(s).
- If applicable to the LEA, its LCAP will include a goal focused on addressing the disparities in performance at the school(s) compared to the LEA as a whole.
- If the LEA demonstrates that each specific action attributed to increasing or improving services for unduplicated students in proportion to the increase in supplemental and/or concentration grant funds that is provided on a schoolwide or districtwide basis is supported by the required description.
- If applicable to the LEA, its LCAP will include a description of the specific action(s) that improve services for unduplicated students, meet the requirements and demonstrate how the degree of improvement in services is sufficient to increase or improve services for unduplicated students in proportion to the increase in supplemental and/or concentration grant funds.
- The budget includes expenditures sufficient to implement specific actions and strategies, based on the projections of the costs.
- The LCAP or Annual Update LCAP adheres to the expenditure requirements and describes any specific action provided on a schoolwide basis.
(AB 130, Page 185, Section 75, Amends Education Code Section 52064; Page 191, Section 76, Amends Education Code Section 52070; Page 192, Section 77, Amends Education Code Section 52070.5)
LCAP Supplement Template. On or before November 30, 2021, SBE shall adopt a one-time supplement template to the 2021-22 Annual Update LCAP. The template shall require all of the following information:
- Describe how and when the LEA’s stakeholders were engaged on the use of funds provided in the Budget Act of 2021 that were not included in its LCAP adopted on July 1, 2021.
- Describe how the additional concentration grant add-on received, as amended by AB 130, was used by the LEA to increase the number of certificated staff, classified staff, or both, including custodial staff, who provide direct services to pupils on school campuses, or the location of the actions related to these funds in its 2021–22 LCAP.
- Describe how and when stakeholders were engaged on the use of one-time federal funds intended to support recovery from the COVID-19 pandemic and the impacts of distance learning on students.
- Provide an update on the implementation of the federal American Rescue Plan Act of 2021 and federal Elementary and Secondary School Emergency Relief expenditure plan, including success and challenges.
- Describe how the 2021–22 school year fiscal resources are being used consistent with the applicable plans and aligned with the LEA’s 2021–22 LCAP.
On or before February 28, 2022, the LEA will present the 2021-22 Annual Update LCAP at a regularly scheduled school board meeting and include:
- The supplement template to the Annual Update LCAP.
- All available mid-year outcome data related to 2021-22 LCAP metrics.
- Mid-year expenditure and implementation data on all identified 2021-22 LCAP actions.
- The supplement will be considered part of the 2022-23 LCAP for purposes of adoption, review and approval.
LEAs will need to file the supplement template with their COEs, and COEs will need to file the supplement template with the State Superintendent for approval.
(AB 130, Page 258, Section 124)
Unemployment Insurance Rate Reduction
Beginning July 1, 2021, the School Employees Fund contribution rate shall be 0.50% for the 2021-22 and 2022-23 fiscal years. This section will remain in effect until January 1, 2024.
(AB 138, Pages 15-17, Amends and Adds Unemployment Insurance Code Section 823)
School Nutrition
- Reimbursement Rate. The enacted budget increases the school nutrition reimbursement rate in the 2021-22 fiscal year to schools participating in a federally funded meal program.
- Funding Amount. $54 million ongoing Proposition 98 General Fund.
(AB 130, Page 167, Section 62, Amends Education Code Section 49501.5)
- Universal Meals. Beginning in 2022-23 and upon a budget appropriation, LEAs are required to offer breakfast and lunch to all students who request it, regardless of a student’s ability to pay. On or before June 30, 2022, requires that an LEA that has a high-poverty school in its jurisdiction shall apply to operate a federal universal meal service provision, which may include, but is not limited to, the Community Eligibility Provision or Provision 2.
- Funding Amount. $650 million ongoing Proposition 98 General Fund.
(AB 130, Page 166, Section 62, Adds Education Code Section 49501.5)
- Training and Kitchen Upgrades. The enacted budget provides $30 million to support training for school food service workers that promotes nutritious meals and $120 million ($25,000 base grant per LEA) in grants for kitchen infrastructure upgrades.
- Funding Amount. $150 million one-time Proposition 98 General Fund.
(AB 130, Page 267, Section 138)
Special Education
- Base Rate Increase and COLA. The enacted budget provides a 4.05% COLA for the special education formula to all special education local plan areas (SELPAs), bringing the statewide base rate to $715 per average daily attendance (ADA). SELPAs with a base rate above the new minimum will receive a COLA.
- Funding Amount. $396.9 million ongoing Proposition 98 General Fund towards increasing the base rate and $186.1 million ongoing for the 4.05% COLA.
(AB 130, Pages 208-212, Sections 97-99, Amends Education Code Sections 56836.146, 56836.148, 56836.165)
- Early Intervention Services. The enacted budget specifies that funds appropriated shall supplement existing special education resources and shall be used to provide services and supports in inclusive settings that have been determined to improve school readiness and long-term outcomes for infants, toddlers and preschool pupils from birth to five years of age. Funds are provided proportional to the total number of pupils with exceptional needs in 1st grade residing in the school district.
- Funding Amount. $260 million ongoing Proposition 98 General Fund.
(AB 130, Pages 221-222, Section 105, Amends Section 56836.40)
- COVID-19 Funding. The enacted budget provides funds to SELPAs to support LEAs in conducting dispute prevention and voluntary alternative dispute resolution activities resulting from school disruptions stemming from the COVID-19 pandemic. Funds will be allocated on a per-pupil basis based on pupils with exceptional needs, ages 3 through 22. As a condition of receiving these funds, SELPAs will need to develop and submit a plan to the State Superintendent detailing how they will support their member LEAs (including detailed proposed expenditure information broken down by eligible activity, and by the number, disabilities and demographics of pupils proposed to be served, and any other information required by the California Department of Education [CDE]) by October 1, 2021. By September 13, 2021, each SELPA shall allocate 80% of the amount received and provide reports to CDE by fall and winter of 2023.
- Funding Amount. $550 million in one-time Proposition 98 General Fund, of which $450 million is targeted for learning recovery support and $100 million for dispute prevention and voluntary alternative dispute resolution activities.
(AB 130, Pages 285-290, Sections 160-161)
- Inclusive Practices. The enacted budget allocates funding to Riverside COE and El Dorado COE to support increasing opportunities for pupils with disabilities to meaningfully participate in the least restrictive environment and improving LEA outcomes on federal and state performance indicators. Funds are available until June 30, 2026.
- Funding Amount. $15 million in one-time Proposition 98 General Fund.
(AB 130, Page 290, Section 162)
- 2022-23 Budget Act. The enacted budget specifies that ongoing appropriation of funds for special education programs will be contingent upon trailer bill language to improve the academic outcomes of students with exceptional needs, including changes to special education funding formulas, expansions of early intervention and inclusive practices, and other changes as a result of ongoing studies.
(AB 130, Page 277, Section 150)
- Out of Home Care. The enacted budget updates the out-of-home care formula that provides funding for out-of-home placements, based on one rate for foster youth ($1,509) and a different rate for Short-Term Residential Therapeutic Programs ($14,603), and applies a COLA in future years.
(AB 130, Pages 214-217, Section 101, Amends Education Code Section 56836.173)
- Family Empowerment Centers on Disability. The enacted budget expands centers to regions in the state that do not currently have them and makes changes to the grant program, including establishing minimum grants, specifying services provided by the centers, and establishing a data collection process for the centers. The State Superintendent shall award grants for this purpose by March 1, 2022.
(AB 130, Pages 203-208, Sections 89-96, Amends Education Code Sections 56402, 56406, 56408, 56410 and adds Sections 56411, 56415, 56836.045)
Independent Study
For the 2021-22 school year, LEAs are required to offer an independent study option for a family that determines that in- person instruction would put the pupil’s health at risk. This can include entering into a contract with a COE or entering into an interdistrict transfer agreement with another school district.
For LEAs with 15% or more of their students speaking a single language other than English, those LEAs shall provide written information in languages other than English.
Waiver
School districts and COEs may seek a waiver to offer independent study for the 2021-22 school year if they meet both of the following conditions:
- Offering non-classroom based independent study would create an unreasonable fiscal burden on the school district or COE, and
- The school district does not have the option to enter into an interdistrict transfer agreement with another school district or contract with a COE.
The school district may seek the waiver from the county superintendent of schools in its county, and the COE may seek the waiver from the State Superintendent.
New Elements to Include in Written Board Policies
- Satisfactory educational progress shall be determined based on all of the following indicators:
- A student’s achievement and engagement performance in an independent study program.
- The completion of assignments, assessments or other indicators that demonstrate performance.
- Learning required concepts, as determined by the teacher.
- Progress towards successfully completing the course of study, as determined by the teacher.
- For high school, access to all courses offered by an LEA for graduation and approved by the University of California or the California State University as part of the A-G admissions criteria.
- Tiered reengagement strategies for students who are not generating attendance more than three school days, or 60% of the instructional days in a school week, or who are in violation of the written agreement, which shall include, but are not necessarily limited to all of the following:
- Verification of current contact information for each student.
- Notification to parent/guardian within one school day of their student’s absence/lack of participation.
- A plan for outreach to determine pupil needs, including connection with health and social services as necessary.
- A clear standard for requiring a pupil-parent-educator conference to review a written agreement and reconsider the independent study program’s impact on the student’s achievement and well-being.
- A plan to transition students whose families wish to return to in-person instruction from independent study no later than five instructional days.
- Confirm or provide access to connectivity and devices to participate and complete assignments.
Written Learning Agreements
- Written learning agreements must be signed before a student commences an independent study course. Prior to signing the written agreement and upon request of the parent/guardian, the LEA shall conduct a phone, videoconference or in-person conference to allow the parent/guardian or student to ask questions about the educational options, including curriculum offerings and non-academic supports available in independent study, before making the decision about enrollment or disenrollment.
- LEAs will have 30 days after the first day of instruction to obtain signed written agreements with the students.
- New elements to include in the written learning agreements with students are:
- The manner, time, frequency and place for submitting a student’s assignments and academic progress reports, and communicating with the parent/guardian on academic progress.
- The objectives and methods of study for the student’s work and methods used for evaluation of assignment/work.
- The confirmation or provision of broadband connectivity and/or devices.
- A statement regarding maximum length of time between assignments and deadlines, the level of satisfactory educational progress, and number of missed assignments before an evaluation of whether or not the student should continue in independent study.
- A statement detailing the academic and other supports necessary to address the needs of students who are not performing at grade level, are English learners, have exceptional needs, are experiencing homelessness, or require mental health support.
- Electronic signatures are allowable for auditing purposes.
Instruction Requirements
- Transitional Kindergarten to Grade 3: daily synchronous instruction
- Grades 4 to 8: daily live interaction and weekly synchronous instruction
- Grades 9 to 12: weekly synchronous instruction
Course-Based Independent Study
Course-based independent study programs will be required to determine satisfactory process based on all of the following measures of student achievement and engagement:
- The student’s achievement and engagement in the independent study program, as indicated by the student’s performance.
- The completion of assignments, assessments or other indicators that provide evidence that the student is working on assignments.
- Learning required concepts, as determined by the teacher.
- Progress towards successful completion of the course of study, as determined by the teacher.
The tiered reengagement strategies for all students will be required for students not making satisfactory educational progress in one or more courses, or who are in violation of the written learning agreement, and must include, but are not necessarily limited to, all of the following:
- Verification of current contact information for each enrolled student.
- A plan for outreach from the school to determine student needs, including connection with health and social services as necessary.
- A clear standard for requiring a student-parent-educator conference to review a student’s written learning agreement and reconsider the independent study course’s impact on the student’s achievement and well-being.
- The plans must include how to transition students whose families wish to return to in-person instruction from course-based independent study within five instructional days.
Other Changes
- In computing the ADA of students participating in independent study, the enacted budget changes the minimum number of days from five to three consecutive school days.
- Documentation of live and synchronous instruction is required for each school day. If a pupil does not participate in independent study on a school day, it shall be documented as non-participatory for that school day.
- The Legislature expressed its intent that teachers should be given access to digital tracking systems to reduce workload associated with student assignments and that the LEA shall maintain written or computer-based evidence of student engagement that includes, but is not limited to, a grade book or summary document for each class, lists of assignments, assessments and associated grades.
- Includes amended requirements to school closures for unanticipated events or natural disasters to include a plan for independent study.
- LEAs may maintain signed written agreements, supplemental agreements, assignments, records, work samples and attendance records assessing time value of work or evidence that an instructional activity occurred as an electronic file.
- Provides flexibility of conditions and requirements for students using the independent study programs for less than 15 school days in a school year.
- Beginning with the 2021-22 fiscal year, the California State Controller will incorporate verification of classroom ratios; verification of adopted policies; and documentation of students’ attendance, engagement and assignments, which can result in the loss of apportionment equal to the ADA and/or fiscal penalties for non-compliance, as part of the Guide for Annual Audits of K-12 Local Education Agencies and State Compliance Reporting.
- These provisions may not be waived by SBE.
Definitions
- “Live interaction” means interaction between the pupil and LEA classified or certificated staff, and may include peers, provided for the purpose of maintaining school connectedness, including, but not limited to, wellness checks, progress monitoring, provision of services and instruction. This interaction may take place in person or in the form of internet or telephonic communication.
- “Local education agency” or “LEA” means a school district, county office of education or charter school.
- “Pupil-parent-educator conference” means a meeting involving, at a minimum, all parties who signed the pupil’s written independent study agreement pursuant to subdivision (g) of Section 51747 or the written learning agreement pursuant to subdivision (b) of Section 51749.6.
- “Synchronous instruction” means classroom-style instruction, or designated small-group or one-on-one instruction delivered in person or in the form of internet or telephonic communications, involving live two-way communication between the teacher and pupil.
(AB 130, Pages 141-143, Section 53, Amends Education Code Section 46300; Page 146, Section 55, Adds Education Code Section 46393; Pages 171-185, Sections 66-74, Amends Education Code Sections 51745-51749.6)
