SECTIONS 54000-54008 - California Statutes

EDUCATION CODE

SECTION 54000-54008

54000. It is the intent of the Legislature to provide quality
educational opportunities for all children in the public schools. The
Legislature recognizes that a wide variety of factors such as low
family income, pupil transiency rates, and large numbers of homes
where a primary language other than English is spoken have a direct
impact on a child's success in school and personal development, and
require that different levels of financial assistance be provided
districts in order to assure a quality level of education for all
pupils.

54001. From the funds appropriated by the Legislature for the
purposes of this chapter, the Superintendent of Public Instruction,
with the approval of the State Board of Education, shall administer
this chapter and make apportionments to school districts to meet the
total approved expense of the school districts incurred in
establishing education programs for pupils who qualify economically
and educationally in preschool, kindergarten, or any of grades 1
through 12, inclusive. Funds provided pursuant to this chapter in any
fiscal year but not expended by school district in that fiscal year
may be expended in subsequent fiscal years.
Nothing in this chapter shall in any way preclude the use of
federal funds for educationally disadvantaged youths. Districts which
receive funds pursuant to this chapter shall not reduce existing
district resources which have been utilized for programs to meet the
needs of educationally disadvantaged students.

54003. Under rules and regulations established by the State Board
of Education, participating school district governing boards shall
evaluate the effectiveness of participating schools and shall
terminate entitlements to schools which are unsuccessful over a
four-year period in substantially meeting their objectives of the
approved school site plan, as defined in Section 54004.1.
It is the intent of the Legislature that to the extent feasible
the State Board of Education develop rules and regulations that will
assure consistency between subdivision (f) of Section 52034 and this
section.

54004.1. For fiscal year 1979-80 and each year thereafter, the
Superintendent of Public Instruction shall apportion funds available
for programs in accord with procedures specified in this chapter and
rules and regulations established by the State Board of Education.
Funds shall be allocated to each district within its entitlement
based upon the following:
(a) A district allocation plan developed pursuant to Sections
54004.3, 54004.5, and 54004.7 which shall be submitted to the
Superintendent of Public Instruction and approved by the State Board
of Education.
(b) A school plan, including any modification for each school
receiving funds allocated pursuant to Sections 54004.5 and 54004.7,
which has been approved by the governing board of the school district
and is retained at the school site and at the school district
office. This plan shall be available to the Superintendent of Public
Instruction upon demand 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. The plan shall include,
but not be limited to:
(1) An explicit statement of what the school seeks to accomplish.
(2) A description of the program and activities designed to
achieve these purposes.
(3) A planned program of annual evaluation, including a statement
of criteria to be used to measure the effectiveness of the program.
(c) Schools which provide programs pursuant to subdivision (a) of
Section 52165 shall include such programs in the school plan.

54004.3. It is the intent of the Legislature to provide all
districts receiving impact aid with sufficient flexibility to design
and administer an intra-district allocation system for impact aid
which reflects the distribution and the needs of the needy population
and assures the provision of services to students traditionally
served by the educationally disadvantaged youth programs and
bilingual education programs.

54004.5. Under the rules and regulations established by the State
Board of Education, school districts receiving entitlements for the
1979-80 year and thereafter under this chapter shall develop and
submit to the Department of Education for approval an intra-district
allocation plan for distribution of impact aid to schools with high
concentrations of pupils in need. Such intra-district allocation
plans shall include, but not be limited to:
(a) A method for determining the eligibility of schools to receive
impact aid based on the following factors which shall be given equal
weight in the allocation of funds:
(1) The number or percentage of limited- and non-English-speaking
youth at individual school sites.
(2) The number or percentage of students from low-income families
at individual school sites as identified using data sources such as
Aid to Families with Dependent Children, Federal Free Lunch, assessed
value of single family residences, and census data.
(3) The number or percentage of students with low academic
achievement at individual school sites. In the development of its
allocation plan, an eligible district may employ, other factors
unique to the district which further identify numbers or
concentrations of pupils in need of impact aid at individual school
sites.
(b) A method for determining the minimum and maximum levels of
service expressed as an average amount per pupil, for schools
scheduled to receive impact aid.

54004.7. The intradistrict allocation plan shall assure adequate
support to any school to provide programs appropriate to the
educational needs of limited- and non-English-speaking pupils as
required by Section 52165 except that programs funded under Article 3
(commencing with Section 52160) of Chapter 7 of Part 28 in fiscal
year 1978-79 in grades 7 to 12, inclusive, shall continue to receive
appropriate funding if the governing board determines that the
program is of sufficient quality to warrant the funding.

54005. The State Board of Education shall adopt regulations setting
forth the standards and criteria to be used in the administration,
monitoring, evaluation, and dissemination of programs submitted for
consideration.

54006. The Superintendent of Public Instruction shall submit
annually to the Governor and to each house of the Legislature a
report evaluating the programs established pursuant to this chapter,
together with his recommendations concerning whether the same should
be continued in operation.
The evaluation submitted to the Legislature pursuant to this
section shall contain information concerning: (a) the total number of
students at each grade level participating in the programs funded
under this chapter, and (b) the effectiveness of the programs funded
under this chapter based to the maximum extent possible on objective
measurements.

54007. In approving projects pursuant to this chapter, the
Superintendent of Public Instruction, with the concurrence of the
Director of Finance, may, upon the request of the applicant district,
designate a portion of the district's entitlement which may be
expended for noninstructional costs, including, but not limited to,
costs for vandalism, security, and insurance. In no event, shall the
total amount of funds designated for such purposes for all districts
in the state exceed two million dollars ($2,000,000).

54008. Expenditures pursuant to this chapter shall be considered to
be categorical program expenditures within the meaning of Section
52165 and therefore subject to the requirements of the Chacon-Moscone
Bilingual-Bicultura l Education Act of 1976 (Article 3 (commencing
with Section 52160) of Chapter 7 of Part 28 of Division 4 of this
title).