Section 41570.

CA Educ Code § 41570 (2019) (N/A)
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(a) The Legislature finds and declares all of the following:

(1) It is imperative that the state address the persistent academic achievement gap in California’s public schools that has led to inequitable outcomes and opportunities for children.

(2) Several factors, including those that are the residual effects of the historical oppression of disempowered communities, contribute to low academic performance.

(3) Helping all pupils succeed requires both resources and evidence-based practices to initiate and sustain authentic systemic change.

(b) For the 2018–19 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the Controller for transfer to Section A of the State School Fund for allocation by the Superintendent to establish the Low-Performing Students Block Grant in the manner and for the purposes set forth in this section.

(c) The Low-Performing Students Block Grant is hereby established as a state education funding initiative with the goal of providing grant funds to local educational agencies serving pupils identified as low-performing on state English language arts or mathematics assessments who are not otherwise identified for supplemental grant funding under the local control funding formula or eligible for special education services, as described in subdivision (d).

(d) The Superintendent shall allocate an equal amount per pupil during the 2018–19 fiscal year to school districts, county offices of education, and charter schools for pupils meeting all of the following criteria:

(1) The pupil does not meet academic achievement standards based on the most recently available results of the California Assessment of Student Performance and Progress, established by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, in any of the following ways:

(A) The pupil does not meet the achievement standard, also referred to as “level 1,” in both English language arts and mathematics.

(B) The pupil does not meet the achievement standard, also referred to as “level 1,” in either English language arts or mathematics, and nearly meets the achievement standard, also referred to as “level 2,” in the other subject.

(C) The pupil does not meet the achievement standard, also referred to as “level 1,” in either English language arts or mathematics, and does not have a valid score for the other subject.

(2) The pupil is not an unduplicated pupil, as defined in Section 42238.02, for the same school year used as the basis for the performance results.

(3) The pupil is not a pupil identified for special education services pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), for the same school year used as the basis for the performance results.

(e) Block grant funds allocated to eligible school districts, county offices of education, or charter schools pursuant to this section are available for expenditure or encumbrance through the 2020–21 fiscal year and shall be used for evidence-based services that directly support pupil academic achievement, including, but not limited to, professional development activities for certificated staff, instructional materials, or additional supports for pupils.

(f) (1) As a condition for receiving grant funds pursuant to this section, a school district, county office of education, or charter school shall develop a plan describing how the funds will increase or improve evidence-based services for the pupils identified pursuant to subdivision (d) to accelerate increases in academic achievement, and how the effectiveness of the services will be measured. The plan shall include information regarding how the services align with and are described in the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5, as applicable. To ensure community and stakeholder input, the plan shall be discussed and adopted at a regularly scheduled meeting of the governing board of the school district, the county board of education, or the governing body of the charter school.

(2) Grant recipients shall report to the Superintendent on or before March 1, 2019, regarding the adopted plan to use the grant funds to increase the academic performance of pupils identified pursuant to subdivision (d). On or before November 1, 2021, grant recipients shall report to the Superintendent regarding the implementation of the plan, the strategies used, and whether those strategies increased the academic performance of the pupils identified pursuant subdivision (d).

(3) The department shall compile the information reported pursuant to this subdivision and submit reports to the appropriate policy and fiscal committees of the Legislature on or before July 1, 2019, and on or before February 1, 2022, and shall update the state board on the contents of those reports.

(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 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 2017–18 fiscal year.

(Added by Stats. 2018, Ch. 32, Sec. 31.5. (AB 1808) Effective June 27, 2018.)

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