On July 9, 2021, Governor Gavin Newsom signed Assembly Bill 130, enacting various programmatic and budgetary changes for the 2021-22 fiscal year. This report will cover the changes that impact the following programs:

  • Apportionment Due to an Emergency
  • After School Education and Safety Programs
  • Career Technical Education Incentive Grant Program
  • Charter Schools
  • Community Schools
  • Preschool, Transitional Kindergarten and Kindergarten
  • Expanded Learning Opportunities Grants

Apportionment Due to an Emergency

The enacted budget increases the apportionments for states of emergency declared by Governor Newsom in November 2018 and September 2020. For events that occurred prior to September 2020, school districts and charter schools shall notify the California State Superintendent of Public Instruction of their eligibility by November 1, 2021, in a manner prescribed by the State Superintendent.

For events occurring after September 1, 2021, a school district, county office of education (COE) or charter school that provides an affidavit to the State Superintendent shall certify that it has a plan for which independent study will be offered to students. The plan shall comply with all of the following:

  • Apply to any student impacted by any of the conditions listed in Education Code Section 46392 (a) within 10 days of a school closure.
  • Require reopening in person as soon as possible once allowable under the direction of the city or county health officer.
  • Notwithstanding subdivision (c) of Section 51745, the plan shall include information regarding establishing independent study master agreements in a reasonable amount of time, unless a student’s individualized education program specifically provides for participation in independent study.
  • Notwithstanding subdivision (a), the plan is not required to comply with subdivisions (d), (e) or (f) of Section 51747.
  • A copy of the plan shall accompany the affidavit provided to the State Superintendent.

(AB 130, Page 143, Section 54, Amends Education Code Section 46392; Page 146, Section 55, Adds Education Code Section 46393)

After School Education and Safety Programs

The enacted budget prohibits After School Education and Safety (ASES) Programs from charging family fees for students who are eligible to participate in the free and reduced-price meals program, including homeless youth and children in foster care. A program that charges family fees shall schedule fees on a sliding scale that considers family income and ability to pay.

(AB 130, Page 39, Section 5, Adds Education Code Section 8482.6)

Career Technical Education Incentive Grant Program

The enacted budget provides $300 million Proposition 98 General Fund for the 2021-22 fiscal year, for which the California Department of Education (CDE) will be required to submit an updated report to the Legislature, the Department of Finance and the Governor, detailing the process to determine and verify applicants’ eligibility. The California State Controller’s Office shall include instructions in the K-12 Audit Guide that include procedures for determining matching fund requirements.

Beginning July 1, 2021, the proportional $1-for-$1 match shall be encumbered in the fiscal year for which an applicant is applying to receive a grant under the program. Should the applicant be unable to fully match the amount of funding determined to be received, the applicant’s award shall be reduced to the amount necessary for the applicant to meet the program’s requirements. The K-12 component of the Strong Workforce Program and the Career Technical Education Facilities Program cannot be used as local matching funds.

In determining grant recipients, CDE, in consultation with the executive director of the California State Board of Education (SBE), will do both of the following:

  1. Give positive consideration to each of the listed characteristics:
    1. Serve unduplicated students.
    2. Serve student subgroups that have higher-than-average dropout rates as identified by the State Superintendent.
    3. Consider high unemployment rate areas.
    4. Offer an existing high-quality, regional-based career technical education program as a joint powers agency or COE.
  2. Give positive consideration to programs to the extent they do any of the following:
    1. Successfully leverage one or both of the following conditions:
      1. Existing structures, requirements and resources of the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), California Partnership Academies or Agriculture Career Technical Education Incentive Grant.
      2. Contributions from industry, labor and philanthropic sources.

Grant recipients are encouraged to use these funds to create high school programs that provide career-themed coursework with articulated pathways to post-secondary education opportunities, including programs established through a College and Career Access Pathways partnership agreement, into high in-demand careers.

(AB 130, Pages 194-202; Sections 78-87; Amends and/or Adds Education Code Sections 53070, 53070.1, 53071, 53071.1, 53073, 53074, 53075, 53076, 53076.1, 53076.2; Page 268, Section 139)

Charter Schools

The enacted budget makes several changes as follows:

  • The State Superintendent shall proportionally reduce the apportionment funding to a charter school that ceased to operate during the 2020-21 school year if instruction was actually taught in the school on fewer than 175 calendar days during that academic year. The law also clarifies that for a school district or charter school that does not meet the weekly engagement, documentation of daily participation and attendance recording requirements, the State Superintendent shall withhold from that local education agency (LEA) its local control funding formula (LCFF) grant apportionment in an amount equal to the total days out of compliance, divided by the number of instructional days required to be offered and multiplied by the derived value of average daily attendance (ADA). For a COE, the State Superintendent shall withhold from the COE’s LCFF grant apportionment an amount equal to the total days out of compliance, divided by 175 and multiplied by the derived value of ADA.
  • Notwithstanding legal changes that went into effect July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, shall have their term extended by two years.
  • Prohibits from January 1, 2020, to January 1, 2025, the approval of a petition for the establishment of a new non-classroom-based charter school.
  • Charter schools are subject to the independent study requirements, as they are included in the definition of “local education agency.”

(AB 130, Page 97, Section 30, Amends Education Code Section 43504; Page 154, Section 58, Amends Education Code Section 47607.4; Page 154, Section 59, Amends Education Code Section 47612.7; Page 172, Section 67, Adds Education Code Section 51745.5)

Community Schools

The enacted budget provides $2.8 billion Proposition 98 General Fund for the California Community Schools Partnership Program to create new or expand existing programs with strong community partnerships that integrate support services. These funds are available for encumbrance until June 30, 2028. A qualifying entity means any of the following:

  • For an LEA defined as a school district, charter school or COE:
    • 50% or more of the enrolled students are unduplicated students.
    • The LEA has higher than the state average dropout rates.
    • The LEA has higher than the state average suspension and expulsion rates.
    • The LEA has higher than the state average child homelessness, foster youth or justice-involved youth rates.
  • A school that is not within an LEA that satisfies any of the above criteria, but which demonstrates two or more of the above criteria, and has factors that warrant consideration.
  • An LEA or consortium on behalf of one or more schools that are qualifying entities.
  • A county behavioral health agency, a federal Head Start or Early Head Start program, or a child care agency.

On or before November 15, 2021, the State Superintendent, with the approval of SBE, shall update (if needed) the application process and administration plan for selecting grant recipients. The State Superintendent shall award, subject to SBE approval, grants on a competitive basis to qualifying entities for planning grants for new community schools or for implementation grants for new schools or the expansion of current schools.

All planning and implementation grants awarded shall be matched by the qualifying entity or its cooperating agencies with a local match equal to one-third of the grant amount. The local match shall be contributed in cash or as services/resources of comparable value, as determined by CDE.

All coordination grants shall be matched by the qualifying entity or its cooperative agencies with a local match equal to $1-for-$1 of coordination grant funding received. The match shall be contributed in cash or as services/resources of comparable value, as determined by CDE.

(AB 130, Page 41, Section 8, Adds Education Code Sections 8900-8902)

California Pre-Kindergarten Planning and Implementation Grant Programs

The enacted budget provides $300 million one-time Proposition 98 General Fund to establish a state early learning initiative with the goal of expanding access to classroom-based pre-kindergarten programs at LEAs. The funds are available for encumbrance until June 30, 2024.

The State Superintendent shall allocate $200 million in the 2021-22 fiscal year to LEAs as follows:

  • A minimum base grant of $100,000 to all LEAs that operate kindergarten programs.
  • A minimum base grant for each COE equal to 15% of the total allocation award to each LEA in their county to support countywide planning and capacity building.
  • Of the remaining funds, 60% shall be available as enrollment awards allocated based on the LEA’s proportional share of total kindergarten enrollment for the 2019-20 fiscal year, as applied to the total amount of program funds available for the enrollment grant. Forty percent shall be available as supplemental grants allocated based on the LEA’s kindergarten enrollment for the 2019-20 fiscal year, multiplied by the LEA’s unduplicated student percentage.

The State Superintendent shall allocate $100 million in competitive grants to LEAs to increase the number of highly qualified teachers available to serve California state preschool programs and transitional kindergarten (TK) students, and to provide teachers with training in inclusive classrooms, culturally responsive instruction, supporting English learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline.

LEAs receiving these funds shall do both of the following:

  • Commit to provide CDE with program data, recipient information and overall program evaluation.
  • Develop a plan that will be considered by its governing board at a public hearing on or before June 30, 2022, for how all children in the attendance area of the LEA will have access to full-day learning programs the year before kindergarten that meets the needs of parents through existing programs and/or community partnerships.

(AB 130, Page 35, Section 4, Adds Education Code Section 8281.5)

California Preschool, TK and Full-Day Kindergarten Facilities Grant Programs

The enacted budget provides $490 million one-time General Fund to the State Allocation Board to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing TK and full-day kindergarten classrooms and for the construction of new or updated preschool, kindergarten and Grades 1 to 12 classrooms that would be converted for state preschool programs.

Priority shall be given to school districts that meet any of the following criteria:

  • An LEA that cannot meet local matching requirements.
  • An LEA located in an underserved community with high eligibility in the free or reduced-price meals program.
  • An LEA located in an underserved area that is prioritized to receive California state preschool program funds.

Except for LEAs that meet financial hardship, an LEA must provide 50% of the cost of a new construction project or 40% of the cost for retrofit projects. An LEA must provide 25% of the cost for new construction or retrofit projects if it converts a part-day kindergarten program to a full-day kindergarten program or offers or expands preschool/TK programs in 2021-22. These funds cannot be used for portables.

For an LEA applying for grant funds for a TK facilities project, it shall pass a board resolution at a public meeting stating its intent to expand enrollment. For an LEA applying for grant funds for a California state preschool program facilities project, it shall pass a board resolution at a public hearing stating its intent to expand enrollment and certify that the LEA has or will apply for a contract to operate a preschool program before occupying the to-be-constructed or retrofitted facility.

(AB 130, Page 62, Section 15, Amends Education Code Section 17375)

Universal TK

The enacted budget establishes the path toward universal TK by phasing in, from the 2022-23 through 2025-26 school years, the requirement to admit eligible students to a TK program. As a condition of funds, an LEA shall do all of the following:

  • Maintain an average TK class enrollment of no more than 24 students for each school site.
  • Beginning in the 2022-23 school year, maintain a staff-to-student ratio of 1:12.
  • Beginning in the 2023-24 school year and for each year thereafter, maintain a staff-to-student ratio of 1:10 students.
  • Ensure that credentialed teachers who were assigned to a TK classroom after July 1, 2015, have by August 1, 2023, one of the following:
    • At least 24 units in early childhood education (ECD)/development, or both,
    • Professional experience in a classroom setting with preschool-aged children that is comparable to the 24 units of ECE/development, determined by the LEA employer, or
    • A child development teacher permit issued by the California Commission on Teacher Credentialing.

(AB 130, Page 155, Section 60, Amends Education Code Section 48000)

Expanded Learning Opportunities Grants

The enacted budget provides $1 billion ongoing Proposition 98 General Fund and $753.1 million one-time Proposition 98 General Fund to support access to comprehensive after school and intersessional expanded learning opportunities. As a condition of funds in the 2021-22 school year, an LEA shall offer at least all unduplicated count students in classroom-based instructional programs in kindergarten through Grade 6, inclusive, and provide at least 50% of enrolled unduplicated students, with access to expanded services. In the 2022-23 school year, an LEA shall offer all students in classroom-based instruction in kindergarten through Grade 6, inclusive, access to expanded services. Expanded learning opportunity programs shall include all of the following:

  • On school days, students will be provided with in-person before or after school services that are no less than nine hours of combined instructional time and expanded learning opportunities per instructional day.
  • For at least 30 non-school days, during intersessional periods, no less than nine hours of in-person expanded learning opportunities per day.

The State Superintendent shall allocate $1,170 per classroom-based kindergarten through Grade 6 ADA, multiplied by total unduplicated student percentage, to LEAs with 80% unduplicated student percentage in the prior year and shall provide at least three years of funding to LEAs that meet the eligibility requirements. For subsequent years, funding to those LEAs will be subject to a state budget appropriation. For all other LEAs, their funding shall be allocated on a per-unit basis of their prior year of classroom-based ADA of kindergarten through Grade 6, inclusive, multiped by the LEA’s unduplicated student percentage. An LEA shall not receive less than $50,000.

LEAs may charge student fees consistent with ASES Programs. LEAs will be subject to state audit requirements.

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