(1) Existing law requires local educational agencies, as defined, to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires each special education local plan area to ensure that a continuum of program options is available to meet the needs of individuals with exceptional needs for special education and related services, as required by federal law. Existing law requires the continuum of program options to include, among other options, a resource specialist program, designated instruction and services, and special classes, as provided. Existing law requires the resource specialist program to provide, among other things, monitoring of pupil progress on a regular basis, participation in the review and revision of individualized education programs, as appropriate, and referral of pupils who do not demonstrate appropriate progress to the individualized education program team. Existing law requires caseloads for resource specialists to be stated in specified local policies and in accordance with regulations established by the State Board of Education, and prohibits a resource specialist from having a caseload that exceeds 28 pupils. This bill would require local educational agencies to take all reasonable steps to distribute the workload associated with initial assessments across all resource specialists employed by the local educational agency in an equal manner, unless otherwise collectively bargained. By imposing additional duties on local officials, the bill would impose a state-mandated local program. (2) Existing law requires special classes that serve pupils with similar and more intensive educational needs to be available, and authorizes special classes to enroll pupils only when the nature or severity of the disability of the individual with exceptional needs is such that education in the regular classes with the use of supplementary aids and services, including curriculum modification and behavioral support, cannot be achieved satisfactorily. This bill would require the Superintendent of Public Instruction, on or before July 1, 2027, to recommend a maximum adult-to-pupil staffing ratio for those special classes, as provided, and to post the recommendation on the department's internet website. The bill would require the Superintendent to report their recommendations to the appropriate policy and fiscal committees of the Legislature and the state board on or before April 1, 2027, as specified. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Under the act, families that meet specified requirements are eligible for federal and state subsidized childcare and development services, and a family that establishes initial eligibility or ongoing eligibility for these services is considered to meet all eligibility and need requirements for those services for not less than 24 months, except as specified. Existing federal regulations require a minimum of 12 months of eligibility for these services before a redetermination of eligibility is made. This bill would, if a family already receiving childcare services adds an additional child and requests services for that child during the current eligibility period, extend the family's eligibility period, as necessary, to ensure that the additional child receives at least 12 months of eligibility for services before a redetermination of eligibility, as specified. (2) Existing law requires the State Department of Social Services to annually report to the Department of Finance and the Legislature a statewide summary identifying the estimated funding used in general childcare and development programs for infants and toddlers, and the number of preschool age children receiving part-day preschool and wraparound childcare services. This bill would delete the requirement for that report to identify the number of preschool age children receiving part-day preschool and wraparound childcare services. (3) Existing law requires the State Department of Social Services to contract with local contracting agencies for alternative payment programs for childcare services to be provided throughout the state. Existing law requires an alternative payment program to reimburse a licensed childcare provider in accordance with a biennial market rate survey, as specified, at a rate not to exceed the regional market rate ceiling, as prescribed. Under existing law, reimbursements to childcare providers based upon a daily rate may only be allowed under certain circumstances, including that a family has an unscheduled but documented need of 6 hours or more per occurrence that exceeds the certified need for childcare or a family has a documented need of 6 hours or more per day that exceeds no more than 14 days per month. This bill would reduce the documented need for reimbursements to childcare providers based upon a daily rate from 6 hours or more to 5 hours or more, as described. (4) Existing law allocates certain appropriated funds to the State Department of Social Services and State Department of Education to provide specified family childcare providers and childcare centers with a monthly cost of care plus rate commencing January 1, 2024, and through June 30, 2026. The monthly cost of care plus rate is a supplemental monthly payment to those providers and centers. This bill would extend the payment of the monthly cost of care plus rate to June 30, 2026, and would allocate additional funds to the State Department of Social Services and State Department of Education from the Budget Act of 2025 to provide a once-per-month cost of care plus rate for each child served who is enrolled in subsidized childcare, therefore making an appropriation. From July 1, 2025, to June 30, 2026, inclusive, the bill would require that monthly rate to be equal to the existing rate increased by a percentage calculated by the Department of Finance based on a specified formula. (5) Existing law provides for a specified annual funding increase for special education and childcare and development programs if an inflation or cost-of-living adjustment is not otherwise provided for those programs. Existing law suspends the annual cost-of-living adjustment for childcare and development programs for the 2012–13, 2013–14, 2014–15, and 2020–21 fiscal years. This bill would additionally suspend the annual cost-of-living adjustment for childcare and development programs for the 2025–26 fiscal year. (6) Existing law requires the State Department of Social Services, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates for state-subsidized childcare and development services. Existing law also requires the department, in collaboration with the State Department of Education, to develop and conduct an alternative methodology, as specified, to set reimbursement rates for state-subsidized childcare and development services. Existing law requires the department, from October 1, 2024, to January 1, 2026, inclusive, to provide the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the Legislative Analyst's Office with quarterly updates on the implementation of the new reimbursement rates set under the alternative methodology. If a market rate survey is used to set reimbursement rates, existing law requires the department to contract to conduct a regional market rate survey no more than once every 2 years, as specified. This bill would extend the timeframe during which the above-described quarterly update is required to July 1, 2027, and require the department to include additional specified information commencing with the quarterly update due October 1, 2025. The bill would, commencing July 1, 2026, increase rates for specified programs by the cost-of-living adjustment granted by the Legislature annually, as specified. This bill would express the intent of the Legislature to cease using a regional market rate survey and to instead use an alternative methodology to inform the setting of future childcare rates, and to set reimbursement rates that are informed by the alternative methodology by statute. The bill would further express the intent of the Legislature that specified programs be reimbursed under a unified structure that takes into account a common set of rate elements, that base rates be administered as a per-child amount, and that rate levels be informed by, and rates vary based on, specified criteria. (7) Existing law also requires, for California state preschool programs and childcare and development programs, the State Department of Education and the State Department of Social Services to collaborate to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates. Existing law requires the reimbursement rate to be increased by the above-described cost-of-living adjustment, except for specified fiscal years, including the 2024–25 fiscal year. This bill would, commencing July 1, 2026, require the cost-of-living adjustment for state preschool programs to be consistent with the adjustment granted by the Legislature annually, as specified. The bill would additionally suspend the annual cost-of-living adjustment for the 2025–26 fiscal year. (8) Existing law requires, commencing January 1, 2022, those California state preschool program contractors and childcare and development program contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the 2018 regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment. This bill would instead require, commencing July 1, 2025, and through June 30, 2026, if the program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract and the net reimbursable program costs. The bill would also require, commencing July 1, 2026, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions. (9) Existing law also requires the State Department of Social Services, in the administration of childcare and development programs, to contract with local contracting agencies for a variety of alternative payment programs for childcare services to be provided throughout the state. Existing law requires alternative payment programs to reimburse childcare providers based upon actual days and hours of attendance. This bill would, beginning July 1, 2025, and through June 30, 2026, instead require those programs to reimburse childcare providers based on families' certified need, as specified, and would appropriate $88,550,000 from the General Fund for this purpose. (10) Existing law authorizes family childcare providers to form, join, and participate in the activities of provider organizations and to seek the certification of a provider organization to act as the representative for family childcare providers on matters related to childcare subsidy programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral third party designated by the board. Existing law requires the Governor and a certified provider organization to jointly prepare a memorandum of understanding if an agreement is reached, which is required to be presented to the Legislature for determination, and which would be binding on all state departments and agencies, and their contractors and subcontractors, and any political subdivision of the state, that are involved in the administration of state-funded early care and education programs. If the above-described reimbursement rate provisions are in conflict with a memorandum of understanding between the Governor and a certified provider organization, the bill would require the memorandum of understanding to be controlling without further legislative action, except as specified. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Under the act, families that meet specified requirements are eligible for federal and state subsidized childcare and development services, and a family that establishes initial eligibility or ongoing eligibility for these services is considered to meet all eligibility and need requirements for those services for not less than 24 months, except as specified. Existing federal regulations require a minimum of 12 months of eligibility for these services before a redetermination of eligibility is made. This bill would, if a family already receiving childcare services adds an additional child and requests services for that child during the current eligibility period, extend the family's eligibility period, as necessary, to ensure that the additional child receives at least 12 months of eligibility for services before a redetermination of eligibility, as specified. (2) Existing law requires the State Department of Social Services to annually report to the Department of Finance and the Legislature a statewide summary identifying the estimated funding used in general childcare and development programs for infants and toddlers, and the number of preschool age children receiving part-day preschool and wraparound childcare services. This bill would delete the requirement for that report to identify the number of preschool age children receiving part-day preschool and wraparound childcare services. (3) Existing law requires the State Department of Social Services to contract with local contracting agencies for alternative payment programs for childcare services to be provided throughout the state. Existing law requires an alternative payment program to reimburse a licensed childcare provider in accordance with a biennial market rate survey, as specified, at a rate not to exceed the regional market rate ceiling, as prescribed. Under existing law, reimbursements to childcare providers based upon a daily rate may only be allowed under certain circumstances, including that a family has an unscheduled but documented need of 6 hours or more per occurrence that exceeds the certified need for childcare or a family has a documented need of 6 hours or more per day that exceeds no more than 14 days per month. This bill would reduce the documented need for reimbursements to childcare providers based upon a daily rate from 6 hours or more to 5 hours or more, as described. (4) Existing law allocates certain appropriated funds to the State Department of Social Services and State Department of Education to provide specified family childcare providers and childcare centers with a monthly cost of care plus rate commencing January 1, 2024, and through June 30, 2026. The monthly cost of care plus rate is a supplemental monthly payment to those providers and centers. This bill would extend the payment of the monthly cost of care plus rate to June 30, 2026, and would allocate additional funds to the State Department of Social Services and State Department of Education from the Budget Act of 2025 to provide a once-per-month cost of care plus rate for each child served who is enrolled in subsidized childcare, therefore making an appropriation. From July 1, 2025, to June 30, 2026, inclusive, the bill would require that monthly rate to be equal to the existing rate increased by a percentage calculated by the Department of Finance based on a specified formula. (5) Existing law provides for a specified annual funding increase for special education and childcare and development programs if an inflation or cost-of-living adjustment is not otherwise provided for those programs. Existing law suspends the annual cost-of-living adjustment for childcare and development programs for the 2012–13, 2013–14, 2014–15, and 2020–21 fiscal years. This bill would additionally suspend the annual cost-of-living adjustment for childcare and development programs for the 2025–26 fiscal year. (6) Existing law requires the State Department of Social Services, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates for state-subsidized childcare and development services. Existing law also requires the department, in collaboration with the State Department of Education, to develop and conduct an alternative methodology, as specified, to set reimbursement rates for state-subsidized childcare and development services. Existing law requires the department, from October 1, 2024, to January 1, 2026, inclusive, to provide the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and the Legislative Analyst's Office with quarterly updates on the implementation of the new reimbursement rates set under the alternative methodology. If a market rate survey is used to set reimbursement rates, existing law requires the department to contract to conduct a regional market rate survey no more than once every 2 years, as specified. This bill would extend the timeframe during which the above-described quarterly update is required to July 1, 2027, and require the department to include additional specified information commencing with the quarterly update due October 1, 2025. The bill would, commencing July 1, 2026, increase rates for specified programs by the cost-of-living adjustment granted by the Legislature annually, as specified. This bill would express the intent of the Legislature to cease using a regional market rate survey and to instead use an alternative methodology to inform the setting of future childcare rates, and to set reimbursement rates that are informed by the alternative methodology by statute. The bill would further express the intent of the Legislature that specified programs be reimbursed under a unified structure that takes into account a common set of rate elements, that base rates be administered as a per-child amount, and that rate levels be informed by, and rates vary based on, specified criteria. (7) Existing law also requires, for California state preschool programs and childcare and development programs, the State Department of Education and the State Department of Social Services to collaborate to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates. Existing law requires the reimbursement rate to be increased by the above-described cost-of-living adjustment, except for specified fiscal years, including the 2024–25 fiscal year. This bill would, commencing July 1, 2026, require the cost-of-living adjustment for state preschool programs to be consistent with the adjustment granted by the Legislature annually, as specified. The bill would additionally suspend the annual cost-of-living adjustment for the 2025–26 fiscal year. (8) Existing law requires, commencing January 1, 2022, those California state preschool program contractors and childcare and development program contractors who, as of December 31, 2021, received the established standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the 2018 regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment. This bill would instead require, commencing July 1, 2025, and through June 30, 2026, if the program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract and the net reimbursable program costs. The bill would also require, commencing July 1, 2026, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions. (9) Existing law also requires the State Department of Social Services, in the administration of childcare and development programs, to contract with local contracting agencies for a variety of alternative payment programs for childcare services to be provided throughout the state. Existing law requires alternative payment programs to reimburse childcare providers based upon actual days and hours of attendance. This bill would, beginning July 1, 2025, and through June 30, 2026, instead require those programs to reimburse childcare providers based on families' certified need, as specified, and would appropriate $88,550,000 from the General Fund for this purpose. (10) Existing law authorizes family childcare providers to form, join, and participate in the activities of provider organizations and to seek the certification of a provider organization to act as the representative for family childcare providers on matters related to childcare subsidy programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral third party designated by the board. Existing law requires the Governor and a certified provider organization to jointly prepare a memorandum of understanding if an agreement is reached, which is required to be presented to the Legislature for determination, and which would be binding on all state departments and agencies, and their contractors and subcontractors, and any political subdivision of the state, that are involved in the administration of state-funded early care and education programs. If the above-described reimbursement rate provisions are in conflict with a memorandum of understanding between the Governor and a certified provider organization, the bill would require the memorandum of understanding to be controlling without further legislative action, except as specified. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law defines "special education" as specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs. Existing law includes in that definition speech-language pathology services and certain other services if the service is considered special education rather than a designated instruction and service or related service under state standards. This bill would prohibit those provisions from being construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services.
(1) Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires, in accordance with specified federal laws, parents to be given a copy of their rights and procedural safeguards, as specified. This bill would require pupils to also be given a copy of their rights and procedural safeguards. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by nonpublic, nonsectarian schools or agencies, as defined. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified by the Superintendent of Public Instruction as meeting specified standards relating to special education and related services and facilities for individuals with exceptional needs. Existing law requires, before certification, the Superintendent to conduct an onsite review of the facility and program for which the applicant seeks certification, as specified. This bill, commencing with the 2026–27 school year, would require the Superintendent, before certifying a nonpublic, nonsectarian school located outside of California, to take additional actions, including, among other things, to review policies on restraint and seclusion to evaluate consistency with California laws. The bill would require, during an onsite review of a nonpublic, nonsectarian school located outside of California, the Superintendent to interview all pupils with individualized education programs to discuss progress and address any concerns respecting any limitations due to the pupils' disabilities, as specified. The bill would require the Superintendent, by July 1, 2026, to develop a tool for purposes of the interviews, as provided, and would require the tool to be made available to local educational agencies for their own use, which the bill would authorize. Existing law requires a nonpublic, nonsectarian school or agency that seeks certification to file an application with the Superintendent on forms provided by the State Department of Education, and to include specified information on the application. This bill would add assurances of compliance with specified laws relating to behavioral interventions to be included in that required information on the application. Existing law requires, commencing with the 2020–21 school year, a local educational agency that enters into a master contract with a nonpublic, nonsectarian school to conduct at least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency has a pupil attending and with which it maintains a master contract. Existing law requires the monitoring visit to include, among other things, an observation of the pupil during instruction and a walkthrough of the facility. Existing law requires the local educational agency to report the findings resulting from the monitoring visit to the department within 60 calendar days of the onsite visit. Existing law requires, before June 30, 2020, the department to, with input from special education local plan area administrators, create and publish criteria for reporting this information to the department. This bill would require the monitoring visit to include, for a pupil placed in a nonpublic, nonsectarian school located outside of California, an in-person interview with the pupil, in a manner consistent with the pupil's individualized education program, to evaluate the pupil's health and safety. The bill would require the local educational agency to report the findings resulting from the monitoring visit to the department using a specified form developed and published by the department on its internet website. The bill would require, on or before July 1, 2026, the department to update the form to require, for nonpublic, nonsectarian schools located outside of California, additional findings to be reported to the department. The bill would also require the local educational agency to conduct a quarterly check-in with a pupil attending the nonpublic, nonsectarian school located outside of California through an unmonitored telephone call in a manner consistent with the pupil's individualized education program. Existing law requires the Superintendent to make a determination on an application for certification within 120 days of receipt of the application and to certify, conditionally certify, or deny certification to the applicant. If certification is denied, existing law requires the Superintendent to provide reasons for the denial. This bill, commencing with the 2026–27 school year, would require, for a nonpublic, nonsectarian school located outside of California, the Superintendent to make available, upon request from a local educational agency or special education local plan area, specified information and documentation relating to certification, if available. The bill would require a local educational agency to disclose the information received, if available, to the parent or guardian at the time the individualized education program team considers placement of the pupil in a nonpublic, nonsectarian school or agency, as specified. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law requires a nonpublic, nonsectarian school to ensure private and confidential communication between a pupil of the nonpublic, nonsectarian school and members of the pupil's individualized education program team, at the pupil's discretion. This bill would explicitly require a nonpublic, nonsectarian school to ensure privacy and confidentiality of telecommunication in this circumstance and would require a nonpublic, nonsectarian school to also ensure private and confidential communication between a pupil and the department's Constituent Services Office. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) The California Constitution requires the Legislature to encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The California Constitution also requires the Legislature to provide for a system of common schools by which a free school is kept up and supported in each district at least 6 months in every year. The California Constitution prohibits public money from being appropriated for the support of any sectarian or denominational school or any school not under the exclusive control of the officers of the public schools. This measure, notwithstanding the constitutional provisions referenced above or any other provision of the California Constitution, would authorize the state, and every agency or political subdivision of the state, to disburse funds pursuant to an agreement between the state and a parent or legal guardian of an eligible child for tuition and education-related expenses associated with attending a private school serving students in kindergarten or any of grades 1 to 12, inclusive, irrespective of religious affiliation, as provided by statute, and provide tax or other public benefits to private schools serving students in kindergarten or any of grades 1 to 12, inclusive, irrespective of religious affiliation, to further the promotion of intellectual, scientific, moral, and agricultural improvement. (2) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts based on one of 3 tests in any given fiscal year, one of which is based on the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87, and 2 of which are based on, among other things, changes in enrollment. The California Constitution measures changes in enrollment by the percentage change in average daily attendance. The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines the change in population of a school district or community college district as the percentage change in the average daily attendance of the school district or community college district from the preceding fiscal year, as determined by a method prescribed by the Legislature. For purposes of measuring changes in enrollment as they relate to computing the minimum amount of revenues the state is required to appropriate for the support of school districts and community college districts, and for purposes of measuring the change in population of a school district or community college district to determine the total annual appropriations limit for school districts and community college districts, this measure would define average daily attendance to include all children enrolled in public kindergarten schools, elementary schools, and secondary schools and all children who are eligible to enroll in public kindergarten schools, elementary schools, and secondary schools but have chosen to fund their kindergarten, elementary, or secondary education with a School Choice Flex Account or Special Education Flex Account, as provided. (3) The California Constitution generally prohibits the Legislature from enacting a statute to modify or change the manner in which ad valorem property tax revenues are allocated to local agencies, except as provided. This measure would authorize the Legislature, by statute, to require the allocation of ad valorem property tax revenues in the manner described in the School Choice Flex Account Act of 2025. (4) This measure would provide that its provisions are severable and would require the Attorney General to defend against any action challenging the validity of the measure, as provided.
(1) Existing law establishes a system of elementary and secondary education in this state. This system consists of the public and private schools that provide instruction in kindergarten and in grades 1 to 12, inclusive. This bill would enact the School Choice Flex Account Act of 2025 and establish the School Choice Flex Account (SCFA) Trust, to be known as the SCFA Trust, as a fund within the State Treasury to be administered by the SCFA Trust Board. For the 2027–28 to 2030–31, inclusive, school years, the bill would authorize certain children eligible to be enrolled in kindergarten or any of grades 1 to 12, inclusive, to establish an SCFA or Special Education Flex Account (SEFA) , based on parent or guardian income. The bill would, beginning with the 2031–32 school year, authorize every child eligible to be enrolled in kindergarten or any of grades 1 to 12, inclusive, to establish an SCFA or SEFA. The bill would credit a deposit amount to the account of every eligible student enrolled in an eligible school for tuition and certain school expenses. The bill would specify the deposit amounts for the 2027–28 school year, and require the Department of Finance, beginning on July 1, 2028, to determine the SCFA and SEFA deposit amounts annually for the upcoming school year, as provided. The bill would require the Controller to transfer an amount of money from the General Fund to the SCFA Trust in those amounts. The bill would require any unused funds remaining in an SCFA or SEFA account on June 30 of each school year to be returned to the state for the benefit of elementary and secondary education, upon appropriation by the Legislature. The bill would specify the membership of the SCFA Trust Board and would vest the SCFA Trust Board with certain powers and duties. The bill would establish 2 accounts within the SCFA Trust, the SCFA Trust Program Account and the SCFA Trust Administrative Account, and would continuously appropriate the moneys in the program account to the SCFA Trust Board for purposes of the bill, thereby making an appropriation. The bill would require the Superintendent of Public Instruction to establish a procedure for the parents and legal guardians of eligible students to apply to establish an SCFA or SEFA and submit an executed participation agreement. The bill would authorize the SCFA Trust Board to disburse funds from SCFAs or SEFAs to eligible schools, defined as private full-time day schools accredited by, or, except as provided, awaiting accreditation from, a regional accrediting agency recognized by the state or the United States Department of Education. The bill would specify the procedures for participating eligible schools to receive funds disbursed by the SCFA Trust Board. (2) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts based on one of 3 tests in any given fiscal year, one of which is based on the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in the 1986–87 fiscal year, and 2 of which are based on, among other things, changes in enrollment. This bill would require the Legislature to recalculate that minimum education funding guarantee by including eligible students not enrolled in a public elementary or secondary school before the operative date of the act in those minimum funding guarantee calculations based on average daily attendance, as provided. The bill would also require the costs of providing SCFA and SEFA deposit amounts for eligible students to be apportioned between the General Fund and the public school district in which those eligible students reside in the same ratio of General Fund and local property tax revenue that would have been used to educate those eligible students in their public school district. (3) The Personal Income Tax Law, in modified conformity with federal law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. This bill would, for taxable years beginning on or after January 1, 2027, exclude from gross income any amounts received as distribution from an SCFA or SEFA, as defined, as part of a participation agreement. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. (4) These provisions would become operative on January 1, 2027, and only if Senate Constitutional Amendment ____ of the 2025–26 Regular Session is approved by the voters at the statewide general election on November 4, 2026.
This measure would call on members of the United States Congress to oppose reductions to funding that negatively impact educational services for students with disabilities and would call on the President of the United States and Congress to ensure that services and funding for students with disabilities are uninterrupted.
