2005 California Education Code Sections 99230-99242 Development Program

99230.  This article shall be known and may be cited as the
Mathematics and Reading Professional Development Program.
99231.  For the purpose of this article, the following terms have
the following meanings:
   (a) "Instructional aide" means a person who is employed on either
a full-time or a part-time basis for the purpose of directly
assisting with classroom instruction in mathematics and reading in a
California public school in which kindergarten or any of grades 1 to
12, inclusive, are taught and who does not possess a valid teaching
credential, certificate, authorization, or permit issued by the
Commission on Teacher Credentialing and does not include a
paraprofessional, as defined in subdivision (b).
   (b) "Paraprofessional" means a teacher aide, a teacher assistant,
or a speech language pathology assistant who is employed on either a
full-time or a part-time basis for the purpose of directly assisting
with classroom instruction in mathematics and reading in a California
public school in which kindergarten or any of grades 1 to 12,
inclusive, are taught and who does not possess a valid teaching
credential, certificate, authorization, or permit issued by the
Commission on Teacher Credentialing.
   (c) "Instructional materials that are aligned to state standards"
means, for grades 1 to 8, inclusive, materials adopted by the State
Board of Education after January 1, 2001, unless otherwise authorized
by the State Board of Education.  For grades 9 to 12, inclusive,
"instructional materials that are aligned to state standards" means
materials that the governing board of the local education agency has,
after careful review, certified are aligned to both the state
reading or mathematics content standards and the curriculum
frameworks for these subjects.
   (d) "Local education agency" means a school district, county
office of education, or charter school.
   (e) "Teacher" means a person who holds a valid teaching
credential, certificate, authorization, or permit issued by the
California Commission on Teacher Credentialing and is employed on
either a full-time or a part-time basis in a California public school
in which kindergarten or any of grades 1 to 12, inclusive, are
taught.
99232.  (a) The Mathematics and Reading Professional Development
Program is hereby established and shall be administered by the
Superintendent of Public Instruction with the approval of the State
Board of Education.
   (b) A local education agency that maintains kindergarten or any of
grades 1 to 12, inclusive, is eligible to apply for and receive
incentive funding from funds appropriated for the purpose of this
article.
   (c) From funds appropriated for the purpose of this article, the
Superintendent of Public Instruction shall award funding to provide
teachers and instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics and reading with
instruction and training in the areas of mathematics and reading.
99233.  (a) This program is intended to serve the following
categories of staff:
   (1) Teachers employed in a public school for the purpose of
teaching in a self-contained classroom that serves pupils in
kindergarten or any of grades 1 to 8, inclusive.  Teachers described
in this paragraph are eligible to receive instruction in both
mathematics and reading.
   (2) Teachers employed in a public school for the purpose of
providing both mathematics and English instruction to pupils with
exceptional needs.  Teachers described in this paragraph are eligible
to receive instruction in both mathematics and reading.
   (3) Teachers who hold a single-subject teaching credential,
certificate, or authorization issued by the Commission on Teacher
Credentialing that authorizes them to teach English or social science
in a classroom that is not self-contained and who are employed in a
public school.  Teachers described in this paragraph are eligible to
receive instruction in reading.
   (4) Holders of one-year emergency teaching permits and emergency
career substitute teaching permits who are employed in a public
school and assigned to teach English or social science courses in a
classroom that is not self-contained.  Teachers described in this
paragraph are eligible to receive instruction in reading.
   (5) Teachers who hold a single-subject teaching credential,
certificate, or authorization issued by the Commission on Teacher
Credentialing that authorizes them to teach mathematics or science in
a classroom that is not self-contained and who are employed in a
public school.  Teachers described in this paragraph are eligible to
receive instruction in mathematics.
   (6) Holders of one-year emergency teaching permits and emergency
career substitute teaching permits who are employed in a public
school and assigned to teach mathematics or science courses in a
classroom that is not self-contained.  Teachers described in this
paragraph are eligible to receive instruction in mathematics.
   (7) Instructional aides and paraprofessionals who directly assist
with classroom instruction in mathematics and reading who are
employed in a public school for the purpose of assisting teachers in
the instruction of pupils in kindergarten or any of grades 1 to 12,
inclusive.  Instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics and reading
described in this paragraph are eligible to receive instruction in
both mathematics and reading.
   (b) Holders of emergency 30-day substitute teaching permits issued
by the California Commission on Teacher Credentialing are not
eligible to receive training offered pursuant to this article.
99234.  (a) The Superintendent of Public Instruction shall notify
local educational agencies that they are eligible to receive an
incentive award based on the percentage of eligible teachers
calculated in accordance with provisions of an item of appropriation
in the annual Budget Act.  It is the intent of the Legislature that a
local educational agency give highest priority to training teachers
assigned to  high-priority  schools.  It is also the intent of the
Legislature that funding appropriated  in one fiscal year that is not
expended by a local educational agency be redirected to local
educational agencies that have trained more eligible teachers than
the percentage funded. If a redirection of funding occurs, funding in
subsequent fiscal years for the local educational agencies involved
shall be adjusted to reflect the redirection of funding.
   (b) A school district that cannot make the certification required
pursuant to paragraph (3) of subdivision (a) of Section 99237 for all
the grade levels it maintains in reading and mathematics may apply
for and receive incentive funding for the grade levels and subjects
for which it can make the certification required pursuant to
paragraph (3) of subdivision (a) of Section 99237, in which case the
certified assurance submitted pursuant to Section 99237 applies only
to the professional development provided to teachers and
instructional aides and paraprofessionals who directly assist with
classroom instruction in mathematics and reading in the grade levels
and subjects for which it can make the certification required
pursuant to paragraph (3) of subdivision (a) of Section 99237.
   (c) Of the incentive provided pursuant to subdivision  (a), a
local educational agency may use not more than one thousand dollars
($1,000) of the per teacher per subject amount to provide an
individual teacher stipend.
   (d) The Superintendent of Public Instruction shall notify local
educational agencies that the maximum funding for the purpose of this
article for which they are eligible each year is equal to the
percentage calculated in accordance with provisions of an item of
appropriation in the annual Budget Act, multiplied by the sum of the
following two factors multiplied by two thousand five hundred dollars
($2,500):
   (1) Twice the number of multiple subjects teachers teaching in a
self-contained classroom and special education teachers, as specified
in paragraphs (1) and (2) of Section 99233, that provide direct
instruction in reading and mathematics as reported in the most recent
available CBEDS data, who have not received training pursuant to
either this article or Article 2 (commencing with Section 99220).
   (2) The number of mathematics, English, science, and social
science teachers as specified in paragraphs (3) to (6), inclusive, of
Section 99233 that were reported in the most recent available CBEDS
data, who have not received training pursuant to either this article
or Article 2 (commencing with Section 99220).
   (e) The Superintendent of Public Instruction shall allocate
funding appropriated for the purposes of this article in the
following order of priority:
   (1) Two thousand five hundred dollars ($2,500) for each qualifying
teacher who was provided training pursuant to subdivision (a) in the
prior year for whom the local educational agency did not receive
funding due to insufficient availability of funds in the prior fiscal
year.
   (2) Two thousand five hundred dollars ($2,500) for each qualifying
teacher who was provided training pursuant to this article, subject
to the limitations in subdivision (d).
   (3) Five hundred dollars ($500) for each qualifying teacher for
each qualifying program as specified in Article 2 (commencing with
Section 99220) who successfully completes mathematics or reading
standards training, or both, at a California Professional Development
Institute authorized pursuant to Article 2 (commencing with Section
99220) in the 2001-02 fiscal year to the 2004-05 fiscal year,
inclusive, using funds received pursuant to Article 2 (commencing
with Section 99220), and has had specific approved training on the
mathematics or reading instructional materials selected for use in
the school.
   (4) Five hundred dollars ($500) for each qualifying teacher in
each qualifying program pursuant to Article 2 (commencing with
Section 99220) who successfully completed mathematics or reading
standards training, or both, at a California Professional Development
Institute authorized pursuant to Article 2 (commencing with Section
99220) in the 1999-2000 or 2000-01 fiscal year, using funds received
pursuant to Article 2 (commencing with Section 99220), and has had
specific approved training on the mathematics or English-language
arts instructional materials selected for use in the school.
   (5) Two thousand five hundred dollars ($2,500) for each qualifying
teacher who was provided training pursuant to this article in excess
of limitations in subdivision (d).
   (f) For purposes of this article, qualifying teachers who, in the
2000-01 fiscal year, received training at a California Professional
Development Institute authorized pursuant to Article 2 (commencing
with Section 99220) that was paid for by a local educational agency
using funds that were not received pursuant to Article 2 (commencing
with Section 99220) shall be deemed to have received training in the
2001-02 fiscal year.  A local educational agency shall receive
funding for these qualifying teachers in accordance with paragraph
(2) of subdivision (e).
   (g) Except as provided in subdivision (f) of Section 99237,
funding may not be provided to a local educational agency until the
State Board of Education approves the agency's certified assurance
submitted pursuant to Section 99237.
   (h) Of the funding a local educational agency is eligible to
receive pursuant to this section for each eligible teacher, 50
percent shall be awarded following the provision of 40 hours of
professional development as specified in subdivision (b) of Section
99237, with the remaining funding to be awarded following
certification of the provision of the 80 hours of followup
instruction as specified in subdivision (b) of Section 99237.
   (i) Except as provided in paragraphs (3) and (4) of subdivision
(e), a local educational agency may not receive funds pursuant to
this article for teachers who receive training pursuant to Article 2
(commencing with Section 99220) using funding provided pursuant to
Article 2 (commencing with Section 99220).
99234.5.  Prioritization for participation in the program
established pursuant to this article shall be determined in the
following manner:
   (a) Teachers who have not participated in a professional
development institute in reading or mathematics that is authorized
pursuant to Article 2 (commencing with Section 99220) shall be
accorded first priority for training pursuant to this article.
   (b) Teachers who have participated in a professional development
institute in reading or mathematics that is authorized pursuant to
Article 2 (commencing with Section 99220), but who have not yet
received supplemental training in the areas specified in paragraph
(2) of subdivision (a) of Section 99237 shall be accorded second
priority for training pursuant to this article.
99235.  (a) The Superintendent of Public Instruction shall notify
local educational agencies that they are eligible to receive funding
to provide instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics and reading with
professional development training in mathematics and reading, in an
amount equal to one thousand dollars ($1,000) per qualifying
instructional aide. Funding will be provided to local educational
agencies on a first-come, first-served basis. A local educational
agency that chooses to participate in the program is eligible to
receive funding for no greater than the percentage calculated in
accordance with provisions of an item of appropriation in the annual
Budget Act for its instructional aides and paraprofessionals.
However, the statewide total number of instructional aides and
paraprofessionals who directly assist with classroom instruction in
mathematics and reading served under this program may not exceed
9,600 over the two fiscal years.
   (b) Of the incentive provided pursuant to subdivision (a), a local
educational agency may not use more than five hundred dollars ($500)
of the amount per instructional aide and paraprofessional who
directly assists with classroom instruction in mathematics and
reading to provide an individual instructional aide stipend.
99236.  The State Board of Education shall authorize the
Superintendent of Public Instruction to design, and the board shall
approve, regulations for the implementation and monitoring of the
program.  The Superintendent of Public Instruction shall provide
funding to a local education agency in accordance with the funding
methodology specified in Sections 99234 and 99235 and with
regulations adopted by the State Board of Education.
99237.  (a) Except as provided in subdivision (f), as a condition of
receipt of funds for purposes of Section 99234 or 99235, a local
education agency shall submit a certified assurance signed by the
appropriate agency official and approved in a public session by the
governing body of the agency to the State Board of Education that
contains its proposal to satisfy the following:
   (1) It contracted with a provider whose training curriculum was
approved by the State Board of Education or the local education
agency's training curriculum was approved by the State Board of
Education.  Approval by the State Board of Education of the training
curriculum shall be based on the criteria contained in paragraph (4)
and in subdivision (b).
   (2) It or the provider with whom it contracted provided
professional development training focused primarily on the following:
   (A) The use of instructional materials that will be used by pupils
and are aligned to the English-language arts and mathematics content
standards adopted by the State Board of Education pursuant to
Section 60605.
   (B) The English-language arts and mathematics content standards
adopted by the State Board of Education pursuant to Section 60605.
   (C) The curriculum frameworks adopted by the State Board of
Education for these subjects.
   (3) (A) It provides each pupil with instructional materials that
are aligned to the state content standards in reading and mathematics
no later than the first day of the first school term that commences
12 months or less after those materials are adopted by the State
Board of Education in the case of instructional materials for grades
1 to 8, inclusive, or by the governing board of the school district
in the case of instructional materials for grades 9 to 12, inclusive.
   (B) For local education agencies that are piloting or evaluating
instructional materials that are aligned to the state content
standards in English-language arts or mathematics, those materials
shall be provided to each pupil no later than the first day of the
first school term that commences 24 months or less after those
materials were adopted by the State Board of Education in the case of
instructional materials for grades 1 to 8, inclusive, or by the
governing board of the school district in the case of instructional
materials for grades 9 to 12, inclusive.
   (C) If a local education agency has not adopted instructional
materials as required by subparagraph (A) for one or more grade
levels because it is piloting or evaluating those instructional
materials, the local education agency may only claim funding pursuant
to Section 99234 for grade levels and subjects where the local
education agency is in compliance with subparagraphs (A) and (B).
   (D) For each teacher, in each core area for which funding is
claimed pursuant to this article and for which there are not
standards aligned textbooks for each pupil, as determined through an
audit, the Superintendent of Public Instruction, on a one-time basis,
shall withhold from the local education agency's next monthly
principal apportionment payment an amount equal to one hundred
dollars ($100) for each of those pupils.  The funds withheld are
deemed to be an offset against the training funds provided pursuant
to this article.
   (4) It provides in-house professional development that focuses
primarily on the following:
   (A) The use of instructional materials that will be used by pupils
and are aligned to the English-language arts and mathematics content
standards adopted by the State Board of Education pursuant to
Section 60605.
   (B) The English-language arts and mathematics content standards
adopted by the State Board of Education pursuant to Section 60605.
   (C) The curriculum frameworks adopted by the State Board of
Education for these subjects.
   (5) It provides the data elements required pursuant to Section
99240.
   (b) As an additional condition of receipt of funds for purposes of
Section 99234, a local education agency shall certify that:
   (1) Forty hours of professional development and 80 hours of
followup instruction, coaching, or additional schoolsite assistance,
in mathematics or reading, as appropriate, was provided to teachers
who meet the criteria specified in paragraphs (1) and (2) of Section
99233.
   (2) Forty hours of professional development in reading and an
average of 80 hours of followup instruction, coaching, or additional
schoolsite assistance was provided to teachers who meet the criteria
specified in paragraphs (3) and (4) of Section 99233, and 40 hours of
professional development in mathematics and an average of 80 hours
of followup instruction, coaching, or additional schoolsite
assistance was provided to teachers who meet the criteria specified
in paragraphs (5) and (6) of Section 99233.
   (c) If, as the result of a program audit, it is found that the
participating local education agency served less participants than it
was funded to serve, the Superintendent of Public Instruction shall
withhold from the local education agency's next monthly principal
apportionment payment an amount proportional to the amount of funding
associated with the number of teachers that were not served.
   (d) If, as the result of a program audit, it is found that the
training provided by the local education agency or the provider with
whom it contracted did not meet the requirements of paragraph (4) of
subdivision (a), the Superintendent of Public Instruction shall
withhold from the local education agency's next monthly principal
apportionment payment an amount equal to the amount of funding
associated with the training that was not aligned to state standards
and curriculum frameworks.
   (e) In addition to receiving funding pursuant to this article, a
school district, charter school, or county office of education may
also claim funding under the Instructional Time and Staff Development
Reform Program established pursuant to Article 7.5 (commencing with
Section 44579) of Chapter 3 of Part 25 for the 80 hours of follow-up
instruction, coaching, or additional schoolsite assistance required
pursuant to subdivision (b) if the training meets the requirements of
Section 44579.5.
   (f) A local education agency may contract with one or more of the
California Professional Development Institutes authorized pursuant to
Article 2 (commencing with Section 99220) if the training provided
by the institute meets the criteria of paragraph (2) of subdivision
(a) and subdivision (b), and has been approved by the University of
California.  These local educational agencies shall receive funds as
specified in paragraph (2) or (3) of subdivision (e) of Section
99234, as appropriate.
   (g) The State Board of Education shall establish a procedure and
criteria for local educational agencies to appeal to the board the
findings of an audit conducted pursuant to this article.  The board
may reduce or eliminate the amount to be withheld pursuant to
subdivision (d) if the board determines that the local educational
agency was in substantial compliance with this section.
   (h) It is the intent of the Legislature that audits referenced in
subdivisions (c) and (d) be conducted as part of a compliance audit
performed in accordance with Sections 14503, 14508, and 41020.
99238.  (a) For the purpose of this article, the State Board of
Education shall determine whether professional development programs
that are not operated pursuant to Sections 99220 to 99226, inclusive,
meet minimum criteria for quality specified in paragraph (4) of
subdivision (a) of Section 99237 and subdivision (b) of Section
99237.
   (b) The State Board of Education may contract for the review of
certified assurances submitted pursuant to Section 99237.
99239.  A local education agency or postsecondary institution that
offers an accredited program of professional preparation may consider
providing partial and proportional credit toward satisfaction of the
course requirements to an enrolled candidate who satisfactorily
completes a mathematics or reading professional development program
as described in this article if the program has been certified by the
Commission on Teacher Credentialing as meeting preparation
standards.
99240.  (a) By July 1, 2003, the State Department of Education, in
cooperation with the University of California and the California
Professional Development Institutes authorized pursuant to Article 2
(commencing with Section 99220), shall develop, and the State Board
of Education shall review and approve, an interim report regarding
the program established pursuant to this article for submission to
the Legislature.  The interim report shall, at a minimum, detail the
following:
   (1) The number of teachers, by credential type, who have received
training offered pursuant to this article.
   (2) The number of instructional aides and paraprofessionals who
directly assist with classroom instruction in mathematics and reading
who have received training offered pursuant to this article.
   (3) The entities that have received funds for the purpose of
offering training pursuant to this article and the number of teachers
and instructional aides and paraprofessionals who directly assist
with classroom instruction in mathematics and reading, respectively,
that each has trained.
   (b) By June 30,  2005, the State Department of Education shall
submit, subject to review and approval by the State Board of
Education, a final report to the Legislature regarding the program
established pursuant to this article.  The final report shall, at a
minimum, detail the following:
   (1) The number of teachers, by credential type, who received
training offered pursuant to this article.
   (2) The number of instructional aides and paraprofessionals who
directly assist with classroom instruction in mathematics and reading
who received training offered pursuant to this article.
   (3) The entities that received funds for the purpose of offering
training pursuant to this article and the number of teachers and
instructional aides and paraprofessionals who directly assist with
classroom instruction in mathematics and reading, respectively, that
each has trained.
   (4) Information detailing the effectiveness of the program
established pursuant to this article.  This information shall, at a
minimum, incorporate survey data concerning program effectiveness
that has been gathered from program participants and school
principals.
   (5) To the extent information is available, information detailing
the retention rate, by credential type, of teachers who participated
in training offered pursuant to this article.  The information shall,
at a minimum, incorporate sample data concerning teachers who are no
longer in the profession.
   (6) To the extent information is available, information detailing
the retention rate of instructional aides and paraprofessionals who
directly assist with classroom instruction in mathematics and reading
who participated in training offered pursuant to this article.  The
information shall, at a minimum, incorporate sample data concerning
aides who are no longer in the profession, as well as aides who have
obtained a teacher credential subsequent to training.
99241.  (a) Notwithstanding any other provision of law, if a local
education agency elects to offer professional development pursuant to
this article using the California Professional Development
Institutes authorized pursuant to Article 2 (commencing with Section
99220), training may be provided to any teacher of kindergarten or
any of grades 1 to 12, inclusive, if the University of California
agrees to operate a combined schoolwide and districtwide program that
meets the criteria specified in Section 99237.
   (b) Notwithstanding any other provision of law, local education
agencies that contract with the California Professional Development
Institute authorized pursuant to Article 2 (commencing with Section
99220) may, pursuant to an agreement with the University of
California, receive from the University of California funds
appropriated pursuant to Article 2 (commencing with Section 99220)
for the provision of stipends to participating teachers.
   (c) Notwithstanding subdivision (e) of Section 99220, subdivision
(d) of Section 99221, subdivision (d) of Section 99222, subdivision
(e) of Section 99223, subdivision (d) of Section 99224, and
subdivision (d) of Section 99225, the Professional Development
Institutes authorized pursuant to Article 2 (commencing with Section
99220) may offer training at sites that are not located on a college
or university campus.
99242.  This article shall become inoperative on July 1,  2006, and,
as of January 1,  2007, is repealed, unless a later enacted statute,
that becomes operative on or before January 1,  2007, deletes or
extends the dates on which it becomes inoperative and is repealed.