2005 California Education Code Sections 8810-8819.5 CHAPTER 5. ARTS EDUCATION

8810.  The Legislature finds and declares that there is a need to
include the arts in the school curriculum as a means of improving the
quality of education offered in California's public schools and
reinforcing basic skills, knowledge, and understanding.
   The Legislature further finds and declares that the use of
community arts resources, including professional artists, is one of
several means of expanding teacher skills and knowledge in the uses
of art, and contributes to the development of a comprehensive
curriculum.
   The Legislature further finds that the Exemplary Arts Education
Program, as previously operated pursuant to Chapter 1258 of the
Statutes of 1980, was a proven means of strengthening instruction in
arts education in the public schools, and should, therefore, be
replicated in other school districts and counties of the state.
   The objective of the Local Arts Education Partnership Program is
to develop a locally based approach to the improvement of arts
education by using existing community arts resources in a planned and
coordinated way to strengthen basic arts skills and knowledge in the
public schools.
   The "Local Arts Education Partnership Program" is a collaboration
among arts educators, parents, artists, and arts organizations based
on a unifying set of concepts and principles contained in the
California Compact for Arts Education.
8811.  As used in this chapter:
   (a) "Arts" includes the four disciplines of dance, drama and
theatre, music, and visual arts as set forth in the state's adopted
curriculum framework for visual and performing arts as published by
the State Department of Education in the Visual and Performing Arts
Framework for California Public Schools:  Kindergarten through Grade
Twelve, and may also include community support for the various other
art forms, including folk art, film, video, the writing of plays,
poetry, and scripts.
   (b) "Arts specialist" means a trained and certificated teacher
retained by a school district to administer, coordinate, or deliver
arts instruction, develop curriculum, or assist in staff development
of other teachers at the primary and secondary levels.
   (c) "Local arts agency" means (1) any agency that is a participant
in the state-local partnership program operated by the California
Arts Council; or (2) any organization that is based in this state, is
defined by the National Association of Local Arts Agencies as a
local arts agency, and meets both of the following criteria:
   (1) Is a nonprofit community organization or an agency of city or
county government.
   (2) Has, as its primary function, the provision of financial
support, services, or other programs for arts organizations or
individual artists, and for the community as a whole.
   (d) "Local education agency" means any school district or county
office of education that elects to participate in the Local Arts
Education Partnership Program on an individual basis or in consortia.
8812.  Any local arts agency is eligible to participate in the Local
Arts Education Partnership Program if the agency agrees to provide
local matching funds for the proposed arts education program as
specified in Section 8813.  In addition, while the agency may apply
for funding for the proposed arts education program for any fiscal
year for which state funding is available for the program, the agency
agrees, as a condition to receiving any state funds for the program
for the 1994-95 fiscal year, to additionally provide local funding
for the program in the  1995-96 fiscal year, or the 1996-97 fiscal
year, or both, at the levels of funding specified in Section 8814.
8813.  (a) Each eligible local arts agency may apply for a grant of
up to one hundred thousand dollars ($100,000) per year for the
development, implementation, and review of an arts education program.
  Each grant application shall be preceded by a letter of intent to
file that application submitted by the local arts agency on or before
the January 1 immediately preceding the fiscal year for which grant
funding is requested.  Each eligible local arts agency shall include
in its letter of intent an authorization to make application to this
program from the county board of supervisors if the agency is a
county agency or designated by the county board of supervisors, or
from the city council if the agency is an agency of the city or is
designated by the city.  If the local arts agency is neither
designated by, nor a department of, either city or county government,
it shall include authorization by its board of trustees authorizing
the agency to make application under this program.
   (b) Each grant application shall include, but not be limited to,
all of the following:
   (1) A plan for the proposed arts education program that meets all
of the following criteria:
   (A) The plan has been approved by resolution of the governing
board of each participating school district or by the county board of
education.
   (B) The plan includes an assessment of the needs of public schools
included in the partnership located within the jurisdiction of the
local arts agency that is consistent with the guidelines for those
assessments developed by the department in consultation with the
California Arts Council.  The plan shall evidence appropriate
participation by local citizens who are representative of the ethnic
and cultural composition of the county.
   (C) The plan shall describe a comprehensive arts education program
that conforms to the tenets of the state's adopted curriculum
framework for visual and performing arts as published by the
department in Visual and Performing Arts Framework for California
Public Schools:  Kindergarten through Grade 12, and shall include
instruction in the four disciplines of dance, drama and theatre,
music, and the visual arts for all pupils.  The plan may also include
other arts disciplines, including folk arts, film, video, and the
writing of plays, scripts, and poetry.
   (D) The plan proposes the use of community arts resources,
including, but not limited to, professional artists, arts
specialists, performing artists and companies, museums, nonprofit art
galleries, institutions of higher education, resident artists
organizations, and any program of the local arts agency or general
community resources that provide arts education services,
instruction, workshops, performances, or demonstrations.
   (E) The plan provides for a local steering committee comprised of
not less than 10, nor more than 13, members selected from
professional artists, arts educators, administrators, teachers, arts
organizations, school board members, and other citizens, to include
the following members reflecting a balance between the education and
the arts communities:
   (i) One representative of the local arts agency.
   (ii) Two professional artists.
   (iii) One representative of a local educational agency.
   (iv) Two teachers, including one from the local educational
agency.
   (v) Two arts specialists.
   (vi) One community representative at large.
   (vii) One representative of an institution of higher education,
who shall be either a faculty member in the visual and performing
arts or arts education or have had prior experience in these two
areas.
   (F) The plan describes school needs, program goals, and a process
for screening community arts resources.  The fiscal procedures and
pay rates shall be in accordance with standards established by the
California Arts Council. Any of the community arts resources
described in subparagraph (D) are eligible for a program grant if
they demonstrate high-quality arts performance, production, or
instruction.
   (G) The plan shall include an appropriate orientation for artists
and teachers in participating schools.
   (H) The plan shall include a staff development program which
accounts for at least 10 percent of the overall budget for the plan,
but not more than 20 percent of the overall budget for all public
school teachers participating in the program under the California
Arts Project, as established pursuant to Chapter 5 (commencing with
Section 99200) of Part 65.  For the purposes of this paragraph, a
teacher is participating in the program if he or she instructs a
class that will have more than 10 hours of direct contact with a
community arts representative.
   (I) The plan shall include a description of the manner in which
funding for the staff development programs described in subparagraph
(H) shall be used in providing services to teachers.  The local
educational agency shall use the services of the California Arts
Project established pursuant to Chapter 5 (commencing with Section
99200) of Part 65 and shall consult with at least one of the
following entities in developing the staff development plans:  a
county office of education, an arts agency, an arts provider, a
professional arts association, or an institution of higher education.
   (J) The plan shall assess the arts education of homeless children,
children with special needs, children at risk, school dropouts, and
the children of migrant workers who may not be attending class
regularly.  It is the intent of the Legislature that special
supplementary funds, not to exceed 10 percent of the total state
dollars, shall be appropriated for purposes of this subparagraph.
Arts education delivered pursuant to this paragraph is exempt from
the local matching funds requirement described in Section 8814.
   (2) A proposed budget for expenditure of the grant, which shall be
submitted on a form developed by the California Arts Council for
that purpose.
   (3) A section demonstrating the manner in which the proposal
furthers the implementation of the model curriculum standards set
forth in Section 51226, the Visual and Performing Arts Framework for
California Public Schools:  Kindergarten through Grade Twelve
published by the department, or the implementation or operation of
specialized secondary programs pursuant to Chapter 6 (commencing with
Section 58800) of Part 31.
   (4) A section designating the source of all local matching funds,
as described in Section 8814.
8813.5.  In the event that no local arts agency within the
jurisdiction of a local education agency submits, on or before the
January 1 immediately preceding the fiscal year for which grant
funding is requested, a letter of intent to file an application for
grant funding, an application for grant funding for that fiscal year
may be filed instead by that local education agency in conjunction
either with a nonprofit arts organization having a history of
delivering arts services to the local education agency, including,
for example, the Music Center of Los Angeles County/education
division, the Performing Tree of Los Angeles, the Getty Center for
Education in the Arts, or LEAP of San Francisco, the San Diego
Institute for Arts Education, or with any campus of the California
State University or the University of California.  Any local
education agency filing a grant application pursuant to this section
shall be required to comply with any applicable provision of this
chapter governing grant applications.
8814.  (a) Local matching funds are funds provided to match grant
moneys received pursuant to this chapter on a one-to-one dollar basis
for the 1994-95 fiscal year, a three-to-two dollar basis in the
1995-96 fiscal year, and a two-to-one dollar basis in the 1996-97
fiscal year and in any subsequent year of the program, from any of
the following sources:
   (1) Any funds under the control of the local arts agency,
regardless of the source.
   (2) Any funds under the budgetary authority of the local
educational agency, regardless of the source.  Up to 25 percent of
these local educational agency funds may be in the form of in-kind
goods and services.
   (3) Any money donated to the local arts agency for program
purposes by any foundation, corporation, business, individual, or
nonprofit group.
   (b) No more than 50 percent of local matching funds may be
received, as a total, from paragraphs (1) and (3) of subdivision (a)
for the 1994-95 fiscal year, no more than 33 percent for the 1995-96
fiscal year, and no more than 25 percent for the 1996-97 fiscal year
and for any subsequent year of the program.
8815.  The State Department of Education shall do all of the
following:
   (a) Develop plan guidelines in consultation with the California
Arts Council.
   (b) Utilize not more than seven percent of total program funds for
the administrative costs of implementing this chapter.
   (c) Send one copy of plan guidelines and necessary application
forms, including the budget form developed pursuant to subdivision
(b) of Section 8813 to each school district and county office of
education, together with a list of appropriate local arts agencies.
   (d) Contract with local education agencies to implement programs
pursuant to this chapter.
8816.  The California Arts Council shall do all of the following:
   (a) Develop and distribute the necessary application forms to each
local arts agency.  The distribution shall include, but not be
limited to, the budget form developed pursuant to paragraph (2) of
subdivision (b) of Section 8813, and at least two copies of the plan
guidelines to each local arts agency.  One copy shall be addressed to
the local arts agency, and one copy shall be addressed to the chief
executive officer of the county board of supervisors or city council,
as appropriate.
   (b) Receive and disburse funds pursuant to this chapter.
   (c) Provide information or assistance to any local arts agency as
necessary to implement the purposes of this chapter.
   (d) Establish a peer review panel, in consultation with the State
Department of Education, to review and rank plans submitted under
Section 8813, from most deserving to least deserving.  Plans of equal
merit shall be ranked according to criteria established by the
California Arts Council to ensure an appropriate balance of urban and
rural representation.  The peer review panel shall be representative
of professional artists, arts organizations, arts educators,
teachers, school administrators, and school board members, and shall
include the following members:
   (1) One representative of the California Arts Council.
   (2) One representative of the State Department of Education.
   (3) One representative of a local arts agency.
   (4) One representative from an institution of higher education.
   (e) Utilize not more than 7 percent of the total program funds for
administrative costs of implementing this chapter.
8817.  The California Arts Council and the State Department of
Education shall enter into an interagency agreement to administer
this program, which shall implement the duties outlined in Sections
8815 and 8816 and which shall include criteria for the plan
guidelines developed pursuant to subdivision (a) of Section 8815, to
include, but not be limited to, the following items:
   (a) The quality of the arts program proposed in the plan,
including the quality and excellence of the artists and community
arts resources.
   (b) The experience of the teachers selected to participate in the
program, including their arts background and familiarity with arts
curriculum and successful implementation of the arts curriculum.
   (c) The maximum use of the staff development resources of both the
California Arts Project and the community resources described in the
plan.  If the California Arts Project cannot provide any resources
to participating districts or schools pursuant to subparagraph (I) of
paragraph (1) of Section 8813, no plan shall be penalized for
failing to include the Arts Project in their staff development plan.
   (d) The degree of sponsor support for schools or local arts
agencies in meeting the required match in either cash or in-kind
contributions.
   (e) The degree to which the plan involves members of the cultural
and ethnic composition of participating school populations.
   (f) The degree to which existing site or district personnel are
utilized in this program, including arts specialists.
   (g) The degree to which the plan addresses how the program can be
assessed pursuant to Article 1 (commencing with Section 60600) of
Chapter 5 of Part 33 and Section 60700.
8818.  The local education agency shall do all of the following:
   (a) Provide for the scheduling of the arts education program in
the schools, primarily during the regular schoolday.
   (b) Provide necessary facilities and materials.
   (c) Designate an appropriate person to serve as art project
coordinator.
   (d) Provide one day of orientation and a minimum of two hours per
month of in-service training for each participating teacher.
   (e) Provide the local matching funds as required in Section 8814.
   (f) Agree not to supplant existing personnel employed by the local
education agency, and provide that no grant funds received shall be
used to pay salaries of personnel or other costs of arts education
programs being provided by the district or county office at the time
of the receipt of the grant funds or to otherwise supplant federal,
state, or local funds being expended on arts education programs by
the district or county office.
   (g) Provide assistance in any orientation of artists prior to
their assignment to classrooms, as may be deemed appropriate by the
project coordinator and the local arts agency.
   (h) Contract with local arts agencies to implement programs
pursuant to this chapter.
8819.  (a) It is the intent of the Legislature that this chapter and
the Local Arts Education Partnership Program not be financed through
an appropriation from the General Fund.  This chapter shall be
funded with funds made available under Article 8.4 (commencing with
Section 5060) of Chapter 1 of Division 3 of the Vehicle Code, as
added by Assembly Bill 3632 of the 1991-92 Regular Session, in an
amount proposed annually by the California Arts Council for inclusion
in the state Budget Act.  That appropriation of funds shall be made
in the first fiscal year that three hundred thousand dollars
($300,000) accrues to the Graphic Design License Plate Account of the
General Fund established pursuant to that article.
   (b) This chapter shall only become operative if Assembly Bill 3632
of the 1991-92 Regular Session is enacted.
8819.5.  This chapter shall remain in effect only until January 1,
2008, and, as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2008, deletes or extends
that date.