Elementary and secondary education: omnibus bill.

(1) Existing law establishes a system of public elementary and secondary education in this state. Under that system, various persons have specified duties and powers relating to the operation of elementary and secondary schools, including, among others, the Superintendent of Public Instruction, county superintendents of schools, county auditors, and city, district, deputy, associate, or assistant superintendents of schools. This bill would replace gendered terms with nongendered terms and make various other nonsubstantive changes to provisions related to those persons. (2) Existing law requires the governing board of a school district to adopt a resolution that, among other things: (A) declares its intention to enter into a lease or agreement relating to school property, (B) includes specified information about the property, and (C) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified. Existing law, notwithstanding the provision described above, authorizes the governing board of a school district to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and requires the title to the building to vest in the school district at the end of the lease. Existing law, until July 1, 2022, requires the instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, as specified. Existing law authorizes a school district, for purposes of using preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services' Division of the State Architect under specified circumstances. Existing law authorizes a school district to identify specific types of subcontractors required to be included in a proposal, and imposes specified other procedural requirements on awarding construction subcontracts of a certain value. This bill would instead make the provisions described above inoperative on July 1, 2027, and would repeal them as of January 1, 2028. (3) Existing law establishes the California State Library as a division within the State Department of Education. Existing law requires the State Librarian to be in charge of the California State Library. Existing law authorizes the State Librarian, among other things, to appoint assistants as necessary and to keep in order and repair the books and property of the California State Library. Existing law authorizes the department to contract with local entities within the state, agencies of the state, and agencies of the United States government for the purpose of providing library services and to establish and operate library service centers. This bill would revise various provisions pertaining to the California State Library and the powers and duties of the State Librarian. Among other revisions, the bill would instead authorize the State Librarian to appoint or employ civil service personnel as necessary for the purposes of carrying out these provisions and to purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards. The bill would authorize the State Librarian to digitally preserve books and other physical materials and to provide a digital platform to expand access to the California State Library's collection. The bill would establish the California State Library as an agency in state government. The bill would transfer authorization from the department to the State Librarian to contract with local entities within the state, agencies of the state, and agencies of the United States government for the purpose of providing library services and to establish and operate library service centers. The bill would authorize the State Librarian to consider for rendering into embossed braille any print books and other materials excluding textbooks and to authorize these books and materials to be placed in the California State Library's circulation for use by all patrons with print disabilities. (4) Existing law requires the governing board of a school district to prescribe written rules and regulations governing the personnel management of the classified service, whereby classified service employees are designated as permanent employees after serving a prescribed period of probation not to exceed 6 months or 130 days of paid service, whichever is longer. In a school district that has adopted a merit system, existing law authorizes the personnel commission to establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes. This bill would require, in order to receive permanent classified service status, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to serve in a probationary status for not less than one year from their date of appointment to that full-time position. (5) Existing law requires the governing board of each school district to hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, existing law requires the annual organizational meeting to be held on a day within a 15-day period that commences with the date upon which a governing board member elected at that election takes office. Existing law requires the annual organizational meeting in years in which no such regular election for governing board members is conducted to be held during the same 15-day period on the calendar. Existing law requires the day and time of the annual meeting to be selected by the board at its regular meeting held immediately before the first day of such 15-day period. This bill would instead require, in a year in which a regular election for governing board members is conducted, the annual organizational meeting to be held on a day within a 15-day period that commences with the 2nd Friday in December following the regular election, require the annual organizational meeting in years in which no such regular election for governing board members is conducted to be held on any date in December before December 21, and require, in a year in which a regular election for governing board members is conducted, the day and time of the annual organizational meeting to be selected by the governing board at its regular meeting held immediately before the first day of such 15-day period or, in a year in which no regular election for governing board members is conducted, by the governing board at its last regular meeting held immediately before the annual organizational meeting. (6) Existing law requires the governing board of a school district to report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months, and describes the period from July 1 to December 31, inclusive, as the "first period" report for the first principal apportionment and the period from July 1 to April 15, inclusive, as the "2nd period" report for the 2nd principal apportionment. Existing law requires a county superintendent of schools to report the average daily attendance for the school and classes maintained by the county superintendent and the average daily attendance for the county school tuition fund. Existing law requires the days of attendance in classes for adults and regional occupational centers programs to be reported in the same manner as all other attendance under these provisions and prescribes a formula for calculating average daily attendance for those schools and classes. This bill would instead require the days of attendance in classes for adults in correctional facilities to be reported in the same manner as all other attendance under those provisions and under that prescribed formula. The bill would make other changes and repeal several laws relating to the calculation of average daily attendance in classes, courses, and programs for adults. (7) As a condition of receipt of reimbursement for free and reduced-price meals, existing law requires a local educational agency to comply with specified nutrition-related prohibitions and requirements. This bill would update a cross-reference to require, as a condition of receipt of certain reimbursement for free and reduced-price meals, a local educational agency to comply with those nutrition-related prohibitions and requirements. (8) Existing law requires the department to formulate the basic elements of nutrition education programs for child nutrition entities participating in nutrition education programs. Existing law requires these programs to coordinate classroom instruction with the food service program and to be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education. Existing law requires nutrition education programs to be maintained on a project approval basis, requires the State Board of Education to establish rules and regulations for nutrition education projects, and requires the state board to approve projects upon recommendation of the department. The bill would instead authorize the department to formulate the basic elements of those nutrition education programs for child nutrition entities participating in nutrition education programs. The bill would instead authorize nutrition education programs to coordinate classroom instruction with the food service program and to be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education. The bill would instead authorize nutrition education programs to be maintained on a project approval basis. The bill would instead authorize the state board to establish rules and regulations for nutrition education projects. The bill would no longer require the state board to approve nutrition education projects upon recommendation of the department. (9) Existing law requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, as provided. Existing law requires the Superintendent to supervise the implementation of these and other provisions relating to meals for needy pupils and to investigate acts of alleged noncompliance. If the Superintendent finds noncompliance, existing law requires the Superintendent to certify the noncompliance to the Attorney General. Existing law requires the Attorney General to conduct an investigation as may be necessary to document the noncompliance. Existing law requires the Attorney General to seek injunctive relief to secure compliance when the action is requested by the Superintendent. If the Superintendent finds that a school district or county superintendent of schools is noncompliant with those provisions relating to meals for needy pupils, this bill would instead require the Superintendent to certify the noncompliance and conduct an investigation as may be necessary to document the noncompliance. The bill would instead require the Superintendent, in the Superintendent's discretion, to seek injunctive relief to secure compliance. (10) Existing law establishes the Instructional School Gardens Program for the promotion, creation, and support of instructional school gardens. Under existing law, a school district, charter school, or county office of education may apply to the Superintendent for funding for a 3-year grant to develop and maintain an instructional school garden. Existing law requires the Superintendent to convene an interagency working group on instructional school gardens, as specified, and requires the working group to advise the Superintendent, as provided. Existing law requires the California Integrated Waste Management Board to give preferential consideration to providing an appropriate level of funding to the Instructional School Gardens Program. This bill would instead make these requirements of the Superintendent, the working group, and the California Integrated Waste Management Board under the Instructional School Gardens Program optional. (11) Existing law establishes, within the department, the California Fresh Start Pilot Program to encourage public schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide fruits and vegetables to pupils, and to promote the consumption of nutritious fruits and vegetables by schoolage children, as provided. This bill would repeal the California Fresh Start Pilot Program. (12) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund. These classes and courses include, among others: (A) adult programs in parenting and classes in child growth and development, parent child relationships, and parenting, (B) adult programs in elementary and secondary basic skills and other courses and classes required for a high school diploma, (C) adult education programs in English as a 2nd language, (D) adult education programs for immigrants who are eligible for educational services in citizenship, English as a 2nd language, and workforce preparation classes in certain basic skills and other classes required for preparation to participate in job specific technical training, (E) adult education programs for older adults, (F) adult programs in home economics, and (G) adult programs in health and safety education. Existing law prohibits state apportionment from the adult education fund from being made for any other courses or classes. This bill would instead authorize, for purposes of apportionments from the adult education fund, (A) programs for adults in elementary and secondary basic skills, including programs leading to a high school diploma or a high school equivalency certificate, (B) programs for adult immigrants who are eligible for educational services in citizenship, English as a 2nd language, immigrant integration, and workforce preparation, and (C) programs for adults, including, but not limited to, older adults that are primarily related to entry or reentry into the workforce or primarily designed to develop knowledge and skills to assist and support elementary and secondary school children to succeed academically in school. This bill would make other changes to, and repeal several laws governing, adult education programs, courses, and classes. (13) Existing law requires a pupil to be assessed as having a language or speech disorder that makes the pupil eligible for special education and related services. To be eligible for special education and related services, existing law requires a language, speech, and hearing specialist to assess and determine that a pupil's difficulty in understanding or using spoken language results from articulation disorders, abnormal voice, fluency difficulties, inappropriate or inadequate acquisition, comprehension, or expression of spoken language, or hearing loss. This bill would instead require a speech-language pathologist to determine that a pupil's difficulty in understanding or using language results from speech sound disorder, voice disorder, fluency disorder, language disorder, or hearing impairment or deafness.