SECTIONS 52850-52863 - California Statutes

EDUCATION CODE

SECTION 52850-52863

52850. The provisions of this article shall apply only to school
districts and schools which participate in school-based coordinated
categorical programs pursuant to this article. No school may operate
pursuant to this article unless a newly developed plan or a revision
of the previously approved plan has been approved by the local
governing board and is retained at the school site. These plans shall
be available to the Superintendent of Public Instruction upon
request and shall be made available to the public on a reasonable
basis pursuant to the provisions of the California Public Records
Act, Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code.

52851. (a) A school district and school may apply to receive funds
allocated pursuant to Article 4 (commencing with Section 8750) of
Chapter 4 of Part 6, Article 5 (commencing with Section 44520) of
Chapter 3 and Article 1 (commencing with Section 44670) of Chapter
3.1 of Part 25, Article 15 (commencing with Section 51870) of Chapter
5, Chapter 6 (commencing with Section 52000), Chapter 8 (commencing
with Section 52200), and Article 2 (commencing with Section 52340) of
Chapter 9 of this part, Chapter 1 (commencing with Section 54000)
and Chapter 2 (commencing with Section 54100) of Part 29, and Part 30
(commencing with Section 56000), and Chapter 1 (commencing with
Section 500) of Part 2 of Division 2 of the Military and Veterans
Code, without complying with the provisions of those statutes or the
related California Administrative Code regulations, provided that the
school and school district meet the criteria established in this
article.
(b) In no event shall subdivision (a) be construed to include
bilingual education programs established pursuant to Article 3
(commencing with Section 52160) of Chapter 7 within the provisions of
this article.

52852. A schoolsite council shall be established at each school
which participates in school-based program coordination. The council
shall be composed of the principal and representatives of: teachers
selected by teachers at the school; other school personnel selected
by other school personnel at the school; parents of pupils attending
the school selected by such parents; and, in secondary schools,
pupils selected by pupils attending the school.
At the elementary level the council shall be constituted to ensure
parity between (a) the principal, classroom teachers and other
school personnel; and (b) parents or other community members selected
by parents.
At the secondary level the council shall be constituted to ensure
parity between (a) the principal, classroom teachers and other school
personnel; and (b) equal numbers of parents, or other community
members selected by parents, and pupils.
At both the elementary and secondary levels, classroom teachers
shall comprise the majority of persons represented under category
(a).
Existing schoolwide advisory groups or school support groups may
be utilized as the schoolsite council if those groups conform to this
section.
The Superintendent of Public Instruction shall provide several
examples of selection and replacement procedures that may be
considered by schoolsite councils.
An employee of a school who is also a parent or guardian of a
pupil who attends a school other than the school of the parent's or
guardian's employment, is not disqualified by virtue of this
employment from serving as a parent representative on the schoolsite
council established for the school that his or her child or ward
attends.

52852.5. The governing board of each school district shall:
(a) Ensure that the principal of every school receives information
covering the provisions of this article, and provides such
information to teachers, other school personnel, parents, and, in
secondary schools, pupils.
(b) Adopt policies to ensure that, prior to a school beginning to
develop a plan pursuant to Section 52853, a school site council as
described in Section 52852 is established at the school site to
consider whether or not it wishes the local school to participate in
the school-based coordination program. The board shall ensure that
all interested persons, including, but not limited to, the principal,
teachers, other school personnel, parents, and, in secondary
schools, pupils have an opportunity to meet in public to establish
the council.
(c) Ensure that funds coordinated pursuant to this article are
used to supplement, not supplant, existing state and local fiscal
efforts and that schools which receive the funds shall have base
expenditures comparable to nonparticipating schools.

52853. (a) The schoolsite council shall develop a school plan which
shall include all of the following:
(1) Curricula, instructional strategies and materials responsive
to the individual needs and learning styles of each pupil.
(2) Instructional and auxiliary services to meet the special needs
of non-English-speaking or limited-English-speaking pupils,
including instruction in a language these pupils understand;
educationally disadvantaged pupils; gifted and talented pupils; and
pupils with exceptional needs.
(3) A staff development program for teachers, other school
personnel, paraprofessionals, and volunteers, including those
participating in special programs. Staff development programs may
include the use of program guidelines that have been developed by the
superintendent for specific learning disabilities, including
dyslexia, and other related disorders. The strategies included in the
guidelines and instructional materials that focus on successful
approaches for working with pupils who have been prenatally substance
exposed, as well as other at-risk pupils, may also be provided to
teachers.
(4) Ongoing evaluation of the educational program of the school.
(5) Other activities and objectives as established by the council.
(6) The proposed expenditures of funds available to the school
through the programs described in Section 52851. For purposes of this
subdivision, proposed expenditures of funds available to the school
through the programs described in Section 52851 shall include, but
not be limited to, salaries and staff benefits for persons providing
services for those programs.
(7) The proposed expenditure of funds available to the school
through the federal Improving America's Schools Act of 1994 (IASA)
(20 U.S.C. Sec. 6301 et seq.) and its amendments. If the school
operates a state-approved schoolwide program pursuant to Section 6314
of Title 20 of the United States Code in a manner consistent with
the expenditure of funds available to the school pursuant to Section
52851, employees of the schoolwide program may be deemed funded by a
single cost objective.
(b) The schoolsite council shall annually review the school plan,
establish a new budget, and if necessary, make other modifications in
the plan to reflect changing needs and priorities.

52855. The school district governing board shall review and approve
or disapprove school plans. A school plan shall not be approved
unless it was developed and recommended by the school site council.
If a plan is not approved by the governing board, specific reasons
for that action shall be communicated to the council. Modifications
to any school plan shall be developed, recommended and approved or
disapproved in the same manner.

52856. If the school district and school choose to include within
the provisions of this article funds allocated pursuant to Chapter 6
(commencing with Section 52000), the school district and school shall
still be eligible to compete for any expansion funding that is made
available for the school improvement program for grades in that
school which are not already generating funds.

52857. The district governing board shall determine the portion of
the district's grant pursuant to Chapter 8 (commencing with Section
52200) of Part 28 that shall be allocated to the school for inclusion
in the school budget developed pursuant to subdivision (f) of
Section 52853.

52858. (a) If the school district and school choose to include
within the provisions of this article, funds allocated pursuant to
Chapter 1 (commencing with Section 54000) of Part 29, the school
district shall: (a) if the number of educationally disadvantaged
pupils in the school is less than 75 percent of the school's
enrollment, ensure that there is state and local funding in the
school available for allocation pursuant to subdivision (f) of
Section 52853 which is equal to or greater than the per pupil amount
allocated to that school per disadvantaged pupil through the economic
impact aid program multiplied times 75 percent of the school's
enrollment, (b) continue to maintain any school or district advisory
committees required pursuant to Chapter 1, and (c) continue to
distribute funds to schools in accordance with Sections 54004.3,
54004.5, and 54004.7 and regulations adopted which pertain to those
sections.
(b) To the extent permitted by federal law, such that funds
allocated pursuant to Article 1 (commencing with Section 54000) of
Chapter 1 of Part 29 are deemed by the United States Department of
Education to be comparable to funds allocated pursuant to Chapter I
of the Educational Consolidation and Improvement Act, the percentage
limitation and multiplier established in subdivision (a) may be
decreased to not less than 67 percent.

52858.5. If the school district and school site council choose to
include funds allocated pursuant to Chapter 1 (commencing with
Section 54000) of Part 29, the school site council shall consult with
any school level bilingual advisory committee required by law prior
to submitting a school plan pursuant to this article.
If the bilingual advisory committee objects to the plan, written
copies of the committee's objections shall be attached to the plan
when it is transmitted to the local governing board and the State
Board of Education.
However, the school site council and the school district shall
make the final determination as to the content of the school plan and
the content of any waiver request.

52859. (a) If a school district and school choose to include within
the provisions of this article funds allocated pursuant to Chapter 2
(commencing with Section 54100) of Part 29, the school district and
school shall annually receive funding at the rate per specialist
allocated statewide multiplied times the number of specialists
approved for that school at the time it was approved to operate
programs pursuant to this article, shall use these funds to employ a
reading specialist who meets the criteria established pursuant to
Chapter 2 (commencing with Section 54100) of Part 29, and shall
comply with Section 54123.
(b) In no event shall funds coordinated pursuant to this article
be used to pay for the local share of costs associated with the
employment of reading specialists funded pursuant to this section.

52860. If a school district and school choose to include within the
provisions of this article funds allocated pursuant to Part 30
(commencing with Section 56000), the school district shall comply
with all requirements of that part, with the following exceptions:
(a) Resource specialist program services, designated instruction
and services, and team teaching for special day classes, except
special day classes operating pursuant to Section 56364.1, may be
provided to pupils who have not been identified as individuals with
exceptional needs, provided that all identified individuals with
exceptional needs are appropriately served and a description of the
services is included in the schoolsite plan.
(b) Programs for individuals with exceptional needs shall be under
the direction of credentialed special education personnel, but
services may be provided entirely by personnel not funded by special
education moneys, provided that all services specified in the
individualized education program are received by the pupil.

52861. If a school district and school choose to include within the
provisions of this article funds allocated pursuant to Article 4
(commencing with Section 8750) of Chapter 4 of Part 6 of Division 1
of Title 1, Article 5 (commencing with Section 44520) of Chapter 3 of
Part 25 of Division 3 of this title, Article 15 (commencing with
Section 51870) of Chapter 5 of this part, and Article 2 (commencing
with Section 52340) of Chapter 9 of this part, and Chapter 1
(commencing with Section 500) of Part 2 of Division 2 of the Military
and Veterans Code, the district shall determine the portion of the
district's grants, pursuant to those provisions, which shall be
allocated to the school for inclusion in the school budget developed
pursuant to subdivision (f) of Section 52853.

52862. School districts and schools that choose to operate programs
pursuant to Article 3 (commencing with Section 52850) shall insure
compliance with all requirements of federal law.

52863. Any governing board, on behalf of a school site council, may
request the State Board of Education to grant a waiver of any
provision of this article. The State Board of Education may grant a
request when it finds that the failure to do so would hinder the
implementation or maintenance of a successful school-based
coordinated program.
If the State Board of Education approves a waiver request, the
waiver shall apply only to the school or schools which requested the
waiver and shall be effective for no more than two years. The State
Board of Education may renew a waiver request.