33320-33328

EDUCATION CODE
SECTION 33320-33328




33320.  (a) The purpose of this article is to identify, develop,
validate, and disseminate effective educational programs and
practices operated by state and local educational entities, in order
to improve the educational services provided through public
elementary and secondary schools to persons between 3 and 21 years of
age.
   (b) It is the intent of the Legislature that any state funding
under this article not supplant any educational program funding that
would otherwise be allocated to any school district, county office of
education, or public postsecondary education institution.



33321.  The Superintendent of Public Instruction shall establish
procedures within the State Department of Education to accomplish all
of the following:
   (a) Annually identify the critical needs for which effective
educational programs and practices are to be identified, developed,
and disseminated to public schools.
   (b) Coordinate the identification and development of effective
programs and practices with appropriate offices in the State
Department of Education, schools, school districts, county offices of
education, institutions of higher education, the Legislature,
business and industry, and the community.
   (c) Ensure that all programs developed under this article are
objectively evaluated for impact on pupil learning, cost
effectiveness, and the overall instructional program.
   (d) Develop and implement procedures to ensure that educators
throughout the state are made aware of the effective programs and
practices identified under this article.
   (e) Periodically prepare and report information about project
results to the Legislative Analyst.
   (f) Identify and coordinate appropriate federal and private
funding to support the development and dissemination of projects and
programs identified under this article.
   (g) Establish, where appropriate, project partnerships with other
public and private agencies, including business and industry, for the
purposes of this article.



33321.5.  In performing the responsibilities set forth in Section
33321, the Superintendent of Public Instruction shall consult with
high school and elementary school teachers, high school and junior
high school principals, school district administrators, members of
school district governing boards, county superintendents of schools
and other county office of education administrators, and
representatives of public postsecondary educational institutions, the
California State Facilitator Project of the National Diffusion
Network, and business and industry.



33322.  The State Board of Education may authorize the funding of
any proposal of a school district, county office of education, public
postsecondary educational institution, or other public educational
agency for the development of an educational program, where the board
determines that the proposal does all of the following:
   (a) Provides an effective, cost-effective solution to a current or
anticipated statewide educational need in public elementary or
secondary schools.
   (b) Demonstrates that teachers, and experts in the subject matter
of the proposal, collaborated in the development of the proposal.
   (c) Contains a professional development component that maximizes
teacher commitment and integration of the program into the existing
instructional program.
   (d) Contains a method of evaluating resulting changes in teaching,
pupil performance, and the instructional program, as appropriate.
   (e) Provides for development and evaluation of the proposal in
collaboration with postsecondary educational institutions and other
educational agency resources.



33323.  The State Board of Education, upon review of the
recommendation of the Superintendent of Public Instruction, shall
validate, as an exemplary educational project, each project developed
by the State Department of Education, a school district, county
office of education, or public postsecondary educational institution
that it determines to meet the following criteria, whether or not the
project was developed pursuant to state funding provided under
Section 33322:
   (a) The project accomplishes the objectives set forth in Section
33322.
   (b) The project contains a plan for the statewide dissemination of
the program, to be coordinated with state, regional, and school
district staff and program service providers, including, but not
limited to, postsecondary educational institutions.
   (c) Without any increase in state costs, the project may be
adopted by other school districts or county offices of education, as
appropriate, with a reasonable probability of accomplishing the
objectives realized in the original educational setting.




33324.  (a) The State Department of Education shall annually
disseminate to each school district, county office of education,
resource agency or consortium as described in Article 2 (commencing
with Section 44680) of Chapter 3.1 of Part 25, and other public
educational entity, as appropriate, information regarding effective
educational projects and programs developed and validated pursuant to
this article, in addition to projects included in the National
Diffusion Network.
   (b) The California State Facilitator Project, county offices of
education, and other regional educational agencies are encouraged to
assist in the dissemination of information regarding effective
educational programs.
   (c) The State Board of Education, upon review of the
recommendation of the Superintendent of Public Instruction, may
authorize funds for any proposal of a school district or county
office of education for the adoption of an effective educational
project, in an amount not exceeding the initial start-up costs of the
project, where the board determines that the proposal does all of
the following:
   (1) Establishes a local need for the adoption or adaptation of the
project.
   (2) Contains a plan that evidences the commitment of resources
necessary to implement the adoption of the project and that
coordinates the project with existing educational programs. In the
case of a school, that plan should be articulated with the school
district plan.
   (3) Contains a method of evaluating resulting changes in teaching,
pupil performance, and the instructional program.
   (4) Has been validated pursuant to Section 33323.
   (d) The Superintendent of Public Instruction may assist in the
implementation of projects adopted pursuant to subdivision (b),
either by the department or pursuant to Section 33326.



33325.  All proposals submitted to the State Board of Education for
funding pursuant to Section 33322 or 33324, or for validation
pursuant to Section 33323, shall be evaluated by the State Department
of Education, in consultation with school districts, county offices
of education, and other appropriate public and private nonprofit
educational agencies. Based on those evaluations, the department
shall submit its recommendations to the board concerning the funding
or, as appropriate, the validation of each proposal.



33326.  The State Board of Education, upon review of the
recommendation of the Superintendent of Public Instruction, may
authorize funding for any proposal of a county office of education,
postsecondary educational institution, consortium of local
educational agencies, the National Diffusion Network State
Facilitator, the State Department of Education, or other appropriate
educational entity to provide assistance, pursuant to this article,
in the development, implementation, evaluation, dissemination, or
adoption of an exemplary educational project. This assistance may
include, but is not limited to, the implementation of professional
development activities and the coordination of services with other
educational agencies, programs, resources, and professional
development providers.


33327.  (a) The State Department of Education, in performing the
identification, development, evaluation, dissemination, or adoption
of projects and practices under any state or federal categorical
education program, shall perform those functions in accordance with
the procedure set forth in this article, as feasible and to the
extent authorized by law.
   (b) To the extent authorized by law, the department shall apply
the funding made available under each of those categorical education
programs for the functions described in subdivision (a) to the costs
of performing those functions in the manner directed by that
subdivision.


33328.  (a) It is the intent of the Legislature to evaluate the
effectiveness of programs developed for English learners subsequent
to Proposition 227 in order to ensure that only programs successful
in teaching pupils English and allowing them to meet content
standards are adopted by districts. After the results of the
evaluation and the dissemination of accurate information on effective
programs, a foundation will exist upon which to hold school
districts accountable for the program choices made and the subsequent
results. It is also the intent of the Legislature that the
evaluation identify any necessary changes in law to promote programs
that can document success and to allow those programs to continue or
expand.
   (b) The Superintendent of Public Instruction, in consultation with
the State Board of Education, shall convene a working group for the
purpose of selecting a contractor, on a competitive basis, to conduct
an independent evaluation of the effects of the implementation of
Chapter 3 (commencing with Section 300) of Part 1 (Proposition 227)
on the education of pupils attending kindergarten and grades 1 to 12,
inclusive, in California public schools. The working group shall be
comprised of representatives of the Governor, the Superintendent of
Public Instruction, the State Board of Education, the Assembly
Committee on Education, the Senate Committee on Education, the
Assembly Committee on Appropriations, the Senate Committee on
Appropriations, and other interested parties selected by the working
group. The evaluation shall be rigorous and shall consider the
long-term effects of programs upon pupils. The evaluation shall
consider supplemental instruction programs for English learners in
grades 4 to 8, inclusive, established pursuant to the English
Language Acquisition Program (Ch. 4 (commencing with Sec. 400) Pt. 1)
enacted pursuant to Chapter 71 of the Statutes of 1999. The contract
shall provide for two interim reports and one final report.
   (c) (1) The first interim report shall set benchmarks, survey
program methods, and select samples for long-term study. The first
interim report shall include, but shall not be limited to, samples
regarding rural, suburban, and urban, school districts and programs
in which any of the following conditions exist:
   (A) Pupils have obtained waivers and are receiving a portion of
their instruction in their primary language.
   (B) Pupils are in structured or sheltered English immersion.
   (C) Pupils who are English learners are placed in an English
language mainstream classroom and are receiving no special services.
   (2) The second interim report shall present comparisons of student
performance, shall analyze the preliminary effects of Proposition
227 and shall make preliminary findings and recommendations regarding
how a school district may modify its implementation of Proposition
227 to improve pupils' academic achievement and acquisition of the
English language.
   (3) The interim reports shall also contain preliminary findings
and recommendations, if any, regarding modifications and revisions to
Proposition 227 that are necessary to facilitate implementation in a
way that will maximize academic achievement and the acquisition of
the English language.
   (4) The first interim report shall be delivered to the Governor
and the Legislature on or before October 1, 2000. The second interim
report shall be delivered to the Governor and the Legislature on or
before May 17, 2002.
   (d) The final report shall present results from sample programs
that detail achievement data and do all of the following:
   (1) Identify programs that are effective in teaching pupils the
English language.
   (2) Identify curriculums for limited-English-speaking pupils that
are effective in enabling these pupils to meet state and district
standards.
   (3) Compare program benefits, and detail any unintended
consequences.
   (4) Identify programs, if any, that are not effective in teaching
pupils the English language.
   (5) Identify curriculums, if any, for limited-English-speaking
pupils that are not effective in enabling these pupils to meet state
and district standards.
   (e) The final report shall be delivered to the Governor and the
Legislature on or before October 1, 2005.
   (f) This section shall be implemented only if funds are
appropriated for the purposes of this section.