On February 1, 2023, the Department of Finance released the K-12 Education Omnibus trailer bill language (TBL). The TBL provides additional information regarding key components to the Governor’s January Budget proposal. In the coming weeks, the Legislature will conduct budget hearings and begin their budget deliberations. CASBO is actively engaged in the budget process through public comment and advocacy efforts. If you have any questions or would like to provide input or feedback regarding this trailer bill language, please contact Elizabeth Esquivel, Assistant Executive Director, Governmental Relations at eesquivel@aromalife7.com.

Below are key highlights.

 

Accountability and System of Support: Changes can be found throughout the TBL.

  • All LEAs are required to provide a mid-year update report to their boards each year by February 28th for the Local Control Accountability Plan (LCAP) actions/expenditures, progress toward metrics, and a budget overview for parents. (47606.5(e), 52062(a)(6), 52068(a)(6)).
  • LCAP actions not proven effective after 3 years shall be changed and must include reasons for lack of progress and why the new approach will produce results. (52064(b)(7)(A)).
  • LCAP actions that contribute toward increased/improved services and are provided district/county/charter-wide must be linked to a metric to monitor the intended outcome. (52064(b)(8)(B)(i)).
  • LCAP Plan Summary will have a new prompt to include a summary of work underway related to technical assistance. (52064(b)(9)).
  • Educational Partner Engagement will include a new requirement to include a summary of the engagement of educational partners from school sites receiving Equity Multiplier funding. (52064(b)(10)).
  • New requirement for LCAPs to include Focus Goals for any school or student group or student group at a school receiving the lowest performance level on one or more indicators on Dashboard OR if the school is receiving Equity Multiplier funding. (52064(e)(5)(A)-(B)).
  • Adds Long-term English Learners to the list of numerically significant pupil subgroups. (52052(A)(2)(C)).
  • Adds criteria to the county office of education (COE) LCAP approval (and CDE LCAP approval for COE) to verify that local educational agencies (LEAs) in differentiated assistance included actions/services to improve services for student group(s) that led to need for differentiated assistance. (52070(d)(1)(F), 52070.5(d)(1(F))
  • Makes LEAs who fail to submit CalPADS data by deadline eligible for technical assistance. (52071(c), 52071.5(b)).
  • Makes review of LEA LCAP and identification of strengths and weaknesses of goals, actions, and services part of differentiated assistance. (52071(c)(2), 52071.5(b)(2)).

 

Local Control Funding Formula (LCFF) Equity Multiplier Allocation

  • Beginning with the 2023-24 fiscal year, provides $300 million ongoing Proposition 98 General Fund for the LCFF Equity multiplier as an add-on to the LCFF, intended to close opportunity gaps.
  • Funds appropriated:
    • Shall supplement, not supplant.
    • To school sites that are eligible for the federal meal program, specifically:
      • K-8th grade at 90 percent.
      • High Schools at 85 percent.
    • An eligible schoolsite shall not receive funding of less than $50,000.
    • “Eligible for free meals” is determined by meeting federal income eligibility criteria, either through completing an application for the federal National School Lunch Program or through an alternative household income data collection form, or deemed to be categorically eligible for free meals under the federal National School Lunch Program.

(Sec. 12, pages 33-34, adds education code section 42238.024)

 

Special Education Local Plan Area

  • Extends the moratorium on the creation of new single-district SELPAs by two years from June 30, 2024, to June 30, 2026.
  • Requires CDE to post each SELPA’s annual local plan, including their governance, budget, and services plans, on its website.

(Sec 26, pages 84-85, amends education code section 56195.1)

  • For the 2023-24 fiscal, each SELPA shall, at minimum, allocate a total sum of funding to all of their member LEAs equal to the total sum allocated to all of their member local educational agencies in fiscal year 2022-23 multiplied by the sum of one plus the inflation factor, as defined in paragraph (1) of subdivision (b) of Section 56836.142 for the 2023-24 fiscal year.

(Sec. 27, pages 85-86, amends education code section 56836.148)

 

Literacy Grant Program and Roadmap

  • Adds $248 million in one-time Proposition 98 General Fund to the existing program to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support.
    • Funds appropriated are available for encumbrance through June 30, 2028.
  • LEAs may opt not to participate in the program and have until September 30, 2023 to do so via a form provided by CDE to decline program funds.
  • LEAS who receive funding may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
  • CDE shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, at each eligible schoolsite, such that no LEA shall receive less than $450,00 per eligible schoolsite.
    • Grant amounts shall be determined using 2022–23 school enrollment data determined as of the CalPADS Fall 1 Certification.
    • Locally funded charter schools would be included with the charter authority.
  • Using the existing reporting template, an LEA receiving funds shall submit an interim report to CDE on or before June 30, 2025, and a final report on or before June 30, 2028, detailing how it used the funds.
  • Adds $2 million for the grantees selected, to provide additional training for educators to become literacy coaches and reading and literacy specialists, and to contract for an independent evaluation.
    • Up to $500,000 would be available for the independent evaluation of the grant program.
    • Provides criteria for the evaluation conducted.

(Sec. 34, pages 97-100; adds uncodified section and amends uncodified section 137 of Chapter 52 of the Statutes of 2022)

  • Adds an interim report due on or before June 30, 2024 and provides a final report on or before June 30, 2027, to grantees of the 2022 funding program.

(Sec. 137, pages 100-101)

  • $1 million in one-time Proposition 98 General Fund to create a Literacy Roadmap to better help educators understand how to use existing resources, with a focus on equity. It will include:
    • models of effective practice that incorporate the five themes of the English Language Arts/English Language Development framework.
    • describe to staff and board members, how they can use the English Language Arts/English Language Development framework, along with other existing resources, to offer evidence-based literacy instruction in the classroom.
    • provide practical direction for literacy instruction and intervention across content areas in alignment with the state-adopted standards for all students, including English Learners, students with disabilities, students struggling with reading, and early learners.

(Sec. 38, pages 112-113, adds uncodified section)

 

Early Childhood Education

  • Delays the intent of the Legislature to appropriate $550 million from the General Fund in the 2023-24 to the 204-25 fiscal year and extends the encumbrance until June 30, 2030 for the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program.
    • Encumbrance for the $490 million for the 2021-22 fiscal year is June 30, 2027.
    • Encumbrance for the $100 million for the 2022-23 fiscal year is June 30, 2028.

(Sec.7, page 23, amends education code section 17375)

  • Adds that transition kindergarten requirements, under section 48000, cannot be waived by the State Board of Education.

(Sec. 8, pages 27-28, amends education code section 33050)

  • Beginning in the 2028-29 school year, an adult assigned to a transitional kindergarten (TK) classroom, must meet at least one of the following requirements:
    • Issued a credential based on a program of professional preparation by the Commission on Teacher Credentialing (CTC).
    • Participating in:
      • an educator apprenticeship or residency program.
      • the Classified School Employee Teacher Credentialing program.
      • any teacher preparation program from any pathway seeking clinical practicum experience, including an educator apprenticeship or residency program.
    • Regional Occupational Program/Home Economics Related Occupations program/Future Teachers and Dual Enrollment participants participating in supervised practicum experience.
    • Hold any level of child development permit or a be a candidate participating in supervised practicum experience for a Child Development Permit.
  • Clarifies that nothing in this section shall be construed to relieve a LEA of these requirements.

(Sec. 17, page 62, amends education code section 48000)

  • Moves the recommendations report by the universal preschool workgroup from no later than January 15, 2023, to no later than March 31, 2024.

(Sec. 3, page 14, amends education code section 8202.6)

  • Clarifies the eligibility for the California State Preschool Program to now include 3 or 4 year olds whose families are employed within the attendance boundary of the qualified elementary school.

(Sec. 4, page 16, amends education code section 8210)

 

Arts and Cultural Enrichment for 12th Grade Students

  • Provides $100 million one-time Proposition 98 General Fund for cultural enrichment experiences.
  • The allocation of funds to LEAs would be based on 11th grade enrollment in the 2022-23 academic year and shall be used in the 2023-24 academic year.
  • Funds shall be prioritized for admission, program, and activity costs. Any remaining funds may be used for transportation costs.
  • Provided to public school students and towards not for profit entities.

(Sec. 37, pages 111 -112, adds uncodified section)

 

Opioid Overdose Reversal Medication

  • Beginning the 2023-24 fiscal year, provides $3.5 million ongoing in Proposition 98 General fund to allocate to LEAs for purchasing and maintaining a minimum of two doses of an emergency opioid antagonist at each middle school, junior high, and high school site.
  • allocation of funds shall consider the number of eligible sites within the LEA, the number of students served by the required school sites, and any other factors determined by CDE.
  • As a condition of receiving funds, amongst other things:
    • Apply to be a qualified direct purchaser with the naloxone manufacturer to purchase the emergency opioid antagonist at the public interest price.
    • Ensure school site staff meet the minimum standards of training for the administration of an emergency opioid antagonist.
    • Obtain a standing order for the distribution and administration of an emergency opioid antagonist issued by the state Public Health Officer.

(Sec. 18, pages 64-65, adds education code section 49414.4)

 

Dishwasher Grants

  • After allocations are made for the kitchen infrastructure upgrades, $15 million shall be made available to LEAs for the purchase and installation of a commercial dishwasher.
    • If the LEA opts-in, they may receive up to $40,000 per kitchen of a schoolsite.
    • Allowable uses include; purchase and installation of a commercial dishwasher and costs related such as modifications to the relocation of the appliance, venting, electrical and plumbing.
  • Funds allocated to eligible LEAs shall be encumbered no later than June 30, 2025.

(Sec. 32, pages 92-93, amends Section 132 of Chapter 52 of the Statutes of 2022)

 

Update to Digital Learning and Standards Integration Guidance Document

Provides $100,000, in the 2023-24 fiscal year, for the Sacramento County Office of Education to update distance learning curriculum and instructional guidance for mathematics in alignment with the state-adopted mathematics framework.

(Sec. 40, page 114, adds uncodified section)

 

English Learner Williams Complaint Procedure

  • Makes changes to when a teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent of English learner pupils in the class, to now one or more English learners in a class.

(Sec. 9, page 30, amends education code section 35186)