2020 SB 98 Authorization of the ELSB Grant

SEC. 113.

(a) The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund in the 2020–21 fiscal year to the State Department of Education on a one-time basis to administer the Early Literacy Support Block Grant. The State Department of Education may use three million dollars ($3,000,000) of this sum to offset its costs associated with activities required to administer the program, consistent with subdivision (f).

(b) (1) The State Department of Education shall award grants to local educational agencies with the 75 schools with the highest percentage of pupils in grade 3 scoring at the lowest achievement standard level, also referred to as the level 1 achievement level, on the consortium summative assessment in English language arts. A grant provided pursuant to this section shall be divided into three yearly allocations and awarded consistent with subdivision (f).

(2) For purposes of this subdivision, both of the following shall apply:

(A) Grant eligibility shall be determined based on the weighted average, as calculated by the State Department of Education, of the 2018 and 2019 results on the consortium summative assessment in English language arts specified in Section 60640 of the Education Code.

(B) A school, including a charter school, shall be eligible for a grant only if it meets both of the following conditions:

(i) The school reported results for at least 11 pupils in grade 3 for both the 2018 and 2019 results on the consortium summative assessment in English language arts.

(ii) The school was designated “Traditional” in the “Educational Option Type” field, as reported through the 2018–19 Source File for the California Longitudinal Pupil Achievement Data System established pursuant to Chapter 10 (commencing with Section 60900) of Part 33 of Division 4 of Title 2 of the Education Code.

(c) The State Department of Education shall establish the per-school grant amount for an eligible school based on the school’s grade 3 enrollment, with three tiers of funding based on the 2018–19 enrollment of grade 3 pupils at eligible schools.

(d) (1) As a condition of receiving a grant pursuant to this section, the local educational agency shall agree that it will use grant funds for an eligible school for only the purposes described in paragraphs (2) and (3).

(2) Except as provided in subparagraph (E), the local educational agency shall, for each of its eligible schools, conduct a root cause analysis and needs assessment, consistent with all of the following:

(A) The root cause analysis and needs assessment shall examine both school-level and local educational agency-level practices or unmet needs, including those relating to school climate, social-emotional learning, and the experience of pupils who are below grade-level standard on the English language arts content standards adopted by the State Board of Education and their families, that have contributed to low pupil outcomes for pupils in grade 3 on the consortium summative assessment in English language arts.

(B) The root cause analysis and needs assessment shall identify the strengths and weaknesses of both the eligible school and the local educational agency with regard to literacy instruction in kindergarten and grades 1 to 3, inclusive. The local educational agency shall review all relevant diagnostic measures, including, but not limited to, pupil performance data, data on effective and ineffective practices, and equity and performance gaps.

(C) The local educational agency shall consult with stakeholders, including school staff, school leaders, parents, and community members, at each eligible school about the root cause analysis and needs assessment and proposed expenditures of the grant funds. The local educational agency may use an existing schoolsite council established pursuant to Section 65000 of the Education Code for this purpose. If the schoolsite council is used for this purpose, the school shall provide public notice of meetings and shall conduct meetings in the manner required by Section 35147 of the Education Code.

(D) The local educational agency shall partner with staff with expertise in literacy from the county office of education for the county in which the local educational agency is located, a geographic lead agency established pursuant to Section 52073 of the Education Code, or the expert lead in literacy established pursuant to Section 114 of this act in the development of the root cause analysis and needs assessment and the literacy action plan described in paragraph (3). In addition, the local educational agency may partner with a member of an institution of higher education or nonprofit organization with expertise in literacy for this purpose, and may also involve experts in participatory design and meaningful community involvement.

(E) If a local educational agency or eligible school has completed a root cause analysis and needs assessment that complies with the requirements specified in subparagraphs (A) to (D), inclusive, within the last two years, it may use that root cause analysis and needs assessment for purposes of developing and adopting the literacy action plan pursuant to paragraph (3).

(3) Based on the root cause analysis and needs assessment, the local educational agency shall develop a three-year local educational agency literacy action plan, consistent with all of the following:

(A) The local educational agency literacy action plan shall include goals and actions to improve literacy instruction based on the root cause analysis and needs assessment and shall include a section reflecting the input received from stakeholders at each eligible school as part of the root cause analysis and needs assessment.

(B) The local educational agency literacy action plan shall identify metrics to measure progress toward the goals and actions.

(C) The local educational agency literacy action plan shall identify planned expenditures for programs or services consistent with one or more of the categories described in subdivision (e).

(D) Grant funds may be used only to fund supplemental activities targeted for kindergarten and grades 1 to 3, inclusive, and shall not supplant already existing activities being provided by the local educational agency or at the eligible school. The activities shall be targeted for improvement strategies for pupils in kindergarten and grades 1 to 3, inclusive, at eligible schools.

(E) The local educational agency shall provide a copy of the draft local educational agency literacy action plan to each eligible school to share with the school community before it is finalized for presentation to the governing board or body of the local educational agency.

(F) The local educational agency literacy action plan shall be adopted at a regularly scheduled, publicly noticed meeting of the governing board or body of the local educational agency as a nonconsent agenda item.

(G) A local educational agency that includes more than one eligible school may develop one literacy action plan addressing all of its eligible schools, and the local educational agency may combine the grant funds to maximize results at the eligible schools only if the literacy action plan is specifically responsive to the root cause analysis and needs assessment specific to each of the eligible schools.

(e) A local educational agency shall expend grant funds only on programs or services within one or more of the following categories:

(1) Access to high-quality literacy teaching, which shall include any of the following:

(A) Hiring of literacy coaches or instructional aides to provide support to struggling pupils, including, among others, bilingual reading specialists to support English learner programs.

(B) Development of strategies to provide culturally responsive curriculum and instruction.

(C) Evidence-based professional development for teachers, instructional aides, and school leaders regarding literacy instruction and literacy achievement and the use of data to help identify and support struggling pupils.

(D) Professional development for teachers and school leaders regarding implementation of the curriculum framework for English language arts adopted by the State Board of Education pursuant to Section 60207 of the Education Code and the use of data to support effective instruction.

(2) Support for literacy learning, which shall include any of the following:

(A) Purchase of literacy curriculum resources and instructional materials aligned with the English language arts content standards and the curriculum framework for English language arts adopted by the State Board of Education, but only if the literacy action plan also includes professional development for staff on effective use of these materials.

(B) Purchase of diagnostic assessment instruments to help assess pupil needs and progress and training for school staff regarding the use of those assessment instruments.

(3) Pupil supports, which shall include any of the following:

(A) Expanded learning programs, such as before- and after-school programs or summer school, to improve pupils’ access to literacy instruction.

(B) Extended schoolday to enable implementation of breakfast in the classroom or library models to support expanded literacy instruction.

(C) Strategies to improve school climate, pupil connectedness, and attendance and to reduce exclusionary discipline practices, including in-school suspensions, that may limit a pupil’s time in school.

(D) Strategies to implement research-based social-emotional learning approaches, including restorative justice.

(E) Expanded access to the school library.

(4) Family and community supports, which shall include any of the following:

(A) Development of trauma-informed practices and supports for pupils and families.

(B) Provision of mental health resources to support pupil learning.

(C) Strategies to implement multitiered systems of support and the response to intervention approach.

(D) Development of literacy training and education for parents to help develop a supportive literacy environment in the home.

(E) Strategies to improve parent and community engagement and to improve communication with parents regarding how to address pupils’ literacy needs.

(f) The State Department of Education may establish conditions for the grant and otherwise administer the grant as necessary to advance the purposes of this section. In administering the grant, the State Department of Education shall ensure all of the following:

(1) The State Department of Education shall provide a local educational agency up to fifty thousand dollars ($50,000) for each eligible school for purposes of conducting the root cause analysis and needs assessment for each eligible school and preparing the local educational agency literacy action plan.

(2) A local educational agency that receives a grant shall submit its literacy action plan to the State Department of Education. The State Department of Education or its designee shall review each local educational agency’s literacy action plan to determine if all of the following conditions are met:

(A) The local educational agency consulted with each eligible school and stakeholders in the development of the root cause analysis and needs assessment.

(B) The local educational agency identified the county office of education, geographic lead agency authorized pursuant to Section 52073 of the Education Code, or expert lead in literacy established pursuant to Section 114 of this act with which the local educational agency partnered in the development of the root cause analysis and needs assessment and literacy action plan.

(C) The literacy action plan was approved by the governing board or body of the local educational agency at a publicly noticed meeting.

(D) The planned expenditures are for programs or services consistent with subdivision (e).

(E) The literacy action plan clearly articulates that the grant funds will be used for supplemental activities.

(3) Upon approval of the literacy action plan by the State Department of Education or its designee, the local educational agency shall receive the balance of its first-year allocation to begin implementing the literacy action plan at eligible schools.

(4) Each local educational agency with an eligible school shall provide the State Department of Education, the schoolsite council at each eligible school, and the governing board or body of the local educational agency with quarterly reports demonstrating that it has made expenditures consistent with the applicable literacy action plan. These reports shall also be publicly posted on the local educational agency’s internet website.

(5) On an annual basis, each local educational agency with an eligible school shall submit to the State Department of Education, the schoolsite council at each eligible school, and the governing board or body of the local educational agency a report on achievement towards the actions and goals described, and an assessment of progress made on the metrics identified, in its literacy action plan. These reports shall also be publicly posted on the local educational agency’s internet website.

(6) At the end of the second year of grant eligibility, a local educational agency with an eligible school shall, as a nonconsent agenda item at a regularly scheduled, publicly noticed meeting of its governing board or body, provide an update on progress implementing the literacy action plan. The local educational agency may modify the literacy action plan based on this update, consistent with the authorized uses of the grant funds.

(7) Upon submission of the reports required in paragraphs (4) and (5), the local educational agency shall receive its second- and third-year allocations, as applicable.

(g) Notwithstanding any other law, this section shall not be subject to waiver by the State Board of Education pursuant to Section 33050 of the Education Code or by the Superintendent of Public Instruction.

(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2018–19 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 of the Education Code, for the 2018–19 fiscal year.

SEC. 114.

 (a) The sum of three million dollars ($3,000,000) is hereby appropriated from the General Fund in the 2020–21 fiscal year to the State Department of Education to establish an expert lead in literacy within the statewide system of support established pursuant to Section 52059.5 of the Education Code. The State Department of Education and the California Collaborative for Educational Excellence shall select a county office of education to serve as the expert lead in literacy, consistent with Section 52073.1 of the Education Code, no later than December 1, 2020. The funds appropriated in this subdivision shall be available for expenditure over three years.

(b) In addition to the abilities and expertise specified in Section 52073.1 of the Education Code, the expert lead in literacy shall demonstrate expertise in all of the following:

(1) Developing and implementing literacy instruction and support programs, particularly focused on literacy in early grades.

(2) Supporting other local educational agencies and their schools in implementing literacy instruction and support programs, particularly focused on literacy in early grades.

(3) The four categories of programs and services specified in subdivision (e) of Section 113 of this act.

(c) The expert lead in literacy shall have all of the following responsibilities:

(1) Assist local educational agencies with schools eligible for grants authorized by the Early Literacy Support Block Grant established pursuant to Section 113 of this act and the relevant county offices of education that work with those local educational agencies to build capacity around literacy instruction and support programs.

(2) Assist in the development of the root cause analysis and needs assessment and literacy action plans required as part of the Early Literacy Support Block Grant established pursuant to Section 113 of this act, as appropriate.

(3) As part of the statewide system of support, and in coordination with the State Department of Education and the California Collaborative for Educational Excellence, create professional learning networks to help build statewide capacity among local educational agencies in implementing effective literacy instruction and support programs at their schools.

(d) A county office of education may partner as a consortium with other local educational agencies, institutions of higher education, or nonprofit educational services providers to submit a proposal to serve as the expert lead in literacy.

(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2018–19 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 of the Education Code, for the 2018–19 fiscal year.