2005 California Education Code Sections 51700-51702 Article 1. Reading First Plan

EDUCATION CODE
SECTION 51700-51702

51700.  (a) There is hereby established the Reading First Plan to
provide reading instruction to pupils in kindergarten and grades 1 to
3, inclusive, and to special education pupils in kindergarten and
grades 1 to 12, inclusive.
   (b) The plan shall be administered by the State Department of
Education and shall be funded from moneys allocated pursuant to Title
I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.).
   (c) The Reading First Plan submitted to the Secretary of Education
pursuant to Title I of the federal No Child Left Behind Act of 2001
(20 U.S.C.  Sec. 6301 et seq.) shall do all of the following:
   (1) (A) Authorize a local educational agency that meets all the
requirements of Section 6362(c)(6) of Title 20 of the United States
Code to be eligible for Reading First funding if pupils enrolled in
kindergarten or any of grades 1 to 3, inclusive, and special
education pupils enrolled in kindergarten or any of grades 1 to 12,
inclusive, are provided with standards-aligned textbooks or basic
instructional materials aligned with the reading/language arts
content standards pursuant to Section 60605 by the beginning of the
first school term that commences no later than 24 months after those
materials are adopted by the State Board of Education.
   (B) Notwithstanding subparagraph (A), a class operating pursuant
to Section 310 may use primary language materials in alternate
formats adopted by the State Board of Education for purposes of
participating in a program funded pursuant to this article.
   (2) Authorize a local educational agency to use scientifically
based reading research supplemental instructional materials for
pupils enrolled in kindergarten or any of grades 1 to 3, inclusive,
and special education pupils enrolled in kindergarten or any of
grades 1 to 12, inclusive, that are aligned with the reading/language
arts content standards adopted pursuant to Section 60605.  The local
educational agency shall provide an explanation in its application
of how its use of these supplemental instructional materials support
the reading/language arts instructional materials adopted by the
State Board of Education for pupils enrolled in kindergarten or any
of grades 1 to 3, inclusive, and special education pupils enrolled in
kindergarten or any of grades 1 to 12, inclusive.
   (3) Authorize an eligible local educational agency to receive a
grant in the amount of up to six thousand five hundred dollars
($6,500) per teacher in kindergarten or in any of grades 1 to 3,
inclusive, unless otherwise required pursuant to Section 6362(c)(2)
(A) of Title 20 of the United States Code.  In addition, to the
extent that a local educational agency needs additional funding
consistent with the maximum amount allowable under the federal No
Child Left Behind Act (20 U.S.C. Sec. 6301 et. seq.), authorize the
local educational agency to submit a plan justifying that need to the
State Department of Education and the Department of Finance for
their joint approval.  A grant awarded pursuant to this paragraph
shall be used to enhance reading instruction, including, but not
limited to, the following purposes:
   (A) Purchasing and implementing scientifically based reading
research instructional and supplemental materials in reading language
arts, pursuant to requirements specified in the Reading First Plan
and paragraph (2).
   (B) Participating in professional development in reading and
language arts, pursuant to requirements specified in the Reading
First Plan.  A Reading First funded agency may not claim funding for
teachers of kindergarten or any of grades 1 to 3, inclusive, or
teachers of special education pupils for the Mathematics and Reading
Professional Development Program established pursuant to Article 3
(commencing with Section 99230) of Chapter 5 of Part 65.
   (C) Hiring reading coaches or reading content experts, or both.
   (D) Purchasing reading and language arts assessments.
   (E) Other purposes, as specified in Section 6362(c)(7) of Title 20
of the United States Code.
   (d) The State Department of Education and the State Board of
Education may not develop or implement requirements or criteria that
make a local educational agency ineligible for funding pursuant to
this section because the local educational agency provides primary
language instruction and comprehensive English language development
instruction to English learners in alternative classrooms, as
authorized pursuant to Sections 310 and 311.
   (e) A local educational agency shall submit an expenditure plan as
part of its Reading First application that includes details about
how it is going to use its funding.
51701.  The State Board of Education shall amend California's
Reading First Plan to do all of the following:
   (a) Authorize a local educational agency operating a program
pursuant to Section 310 to apply for funding under Title 1 of the
federal No Child Left Behind Act of 2001 (U.S.C. Sec. 6301 et seq.).
   (b) Specify that first priority for the allocation of increased
Reading First funds available during the 2003-04 fiscal year be given
to classrooms that meet all of the following criteria:
   (1) Have not received funding under the Reading First Plan.
   (2) Operate programs pursuant to Section 310.
   (3) Are located in previously approved Reading First local
educational agencies.
   (c) Specify that second priority for the allocation of increased
Reading First funds available during the 2003-04 fiscal year be given
to local educational agencies that operate programs pursuant to
Section 310 and that meet other program requirements, as detailed in
the revised Reading First Plan.
   (d) Provide a process whereby professional development providers
that have expertise in addressing the needs of classrooms operating
pursuant to Section 310 and using alternate formats adopted by the
State Board of Education will be approved as Reading First providers.
51701.5.  The State Board of Education shall determine if a demand
exists for scientifically based instructional materials that are
aligned with the reading/language arts content standards pursuant to
Section 60605 for languages other than Spanish and English in
classrooms operating pursuant to Section 310 that apply for Reading
First funds.  If a demand exists, the State Board of Education shall
explore ways to meet that demand, including, but not limited to,
alternate format adoptions.
51702.  Of the federal funds appropriated in Item 6110-126-0890 of
Section 2.00 of the annual Budget Act for the Reading First Plan, up
to six million six hundred thousand dollars ($6,600,000) may be
allocated annually in the following manner:
   (a) The sum of five million dollars ($5,000,000) to the reading
implementation centers, as identified in the Reading First Plan, to
provide technical assistance to local educational agencies for the
purpose of enhancing reading instruction.  The amount of funding that
each reading implementation center receives shall be contingent upon
an expenditure plan being submitted to, and reviewed by, the State
Department of Education, and being approved by the State Board of
Education.
   (b) The sum of one million three hundred fifty thousand dollars
($1,350,000) to the six regional lead agencies established pursuant
to Section 51871 for startup costs and to increase capacity in order
to become a reading implementation center.  The six regional lead
agencies need not be identified in the Reading First Plan.
   (c) The sum of two hundred fifty thousand dollars ($250,000) to be
used for all of the following in accordance with the Reading First
Plan:
   (1) Developing materials and assessments for training teachers.
   (2) Ensuring that professional development for teachers and
instruction for pupils is consistent in quality and delivery.
   (3) Providing assistance to local educational agencies to startup
reading implementation centers.


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