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Letter Head: Jack O'Connell, State Superintendent of Public Instruction, Phone number 916-319-0800

Date:January 10, 2007

Dear County and District Superintendents, Charter Schools, and Governing Board Presidents:

PARTICIPATION IN THE ONE-TIME APPROPRIATION TO PURCHASE SUPPLEMENTAL INSTRUCTIONAL MATERIALS FOR ENGLISH LEARNERS

Assembly Bill (AB) 1802 (Chapter 79, Statutes of 2006) appropriates $30 million on a one-time basis for local educational agencies (LEAs) to purchase supplemental instructional materials for English learners (ELs) in kindergarten through twelfth grade. The purpose of the materials is to “accelerate pupils as rapidly as possible towards grade level proficiency.” The funds are required to be used to purchase supplemental materials that are designed to help ELs become proficient in reading, writing, and speaking English. These materials may only be used in addition to the standards-aligned programs adopted by the State Board of Education (SBE) pursuant to California Education Code Section 60605. The full text of the provisional language from AB 1802 is available on the California Department of Education (CDE) Web site at AB 1802 Supplemental Materials for English Learners .

Eligibility for Funding

LEAs shall be eligible for apportionment funding of up to twenty-five dollars ($25) per pupil, based on the most recently certified language census number of ELs in kindergarten through twelfth grade. LEAs may purchase any materials that the CDE verifies and the SBE approves that are substantially correlated to the identified state English Language Arts (ELA) and English Language Development (ELD) content standards. LEAs may expend no more than thirty dollars ($30) per pupil for these materials. The CDE will determine the per pupil allocation once the LEAs submit the forms discussed below. The SBE will act at their July and September meetings in 2007, to release the funds to the participating LEAs. The School Fiscal Services Division will apportion the funds to LEAs in the fall of 2007. LEAs will have until June 30, 2009, to encumber the funds. Any unencumbered funds shall be returned to the state. Further fiscal directions will be sent to participating LEAs along with the apportionment.

Participation Process

Once LEAs elect to participate in AB 1802 they shall do one or both of the following:

Form 1 - Intent to Purchase Certified Instructional Materials (DOC; 38KB; 1p.)

No later than April 5, 2007, LEAs need to submit an Intent to Purchase form for materials identified from the existing list of AB 1802 supplemental materials and specify the publisher and contact information, title of components, International Standard Book Number (ISBN) numbers, grade level, and the number of pupils for which the materials are being purchased. The certified AB 1802 list is posted on the CDE Web site at AB 1802 Supplemental Materials for English Learners.

Form 2 - Request to Review New Materials (DOC; 37KB; 1p.)

No later than April 5, 2007, LEAs may also submit a Request to Review New Materials form and specify the publisher and contact information, title of components, ISBN numbers, grade level, and the number of pupils for which the materials are being purchased.

Although the provisional language specified March 30, 2007, as the due date to submit the forms, the due date has been extended because of a state holiday.

Some LEAs may wish to purchase supplemental materials from the AB 1802 certified list, and request the review of new materials; this is allowable under the provisions of AB 1802. However, these LEAs will need to fill out both forms. In addition, only forms from county offices of education (COEs) and districts will be accepted; forms will not be accepted from individual school sites. COEs and districts will have to aggregate their school site requests.

Charter Schools

Direct funded charter schools can apply for AB 1802 funding per Education Code Section 47634.4. A charter school that elects to receive its funding directly may apply individually for state categorical programs. 

Charter schools that are locally funded can participate via their local school district and/or COE.  Students enrolled in these charter schools need to be included in the LEA application form.

Review of LEA Requests

After receipt of the forms from the LEAs, the CDE will conduct reviews in May and June of 2007 for the new materials at selected COEs. The findings of the reviews will then be forwarded to the SBE for action at their July and September 2007 meetings for release of funds to participating LEAs.

If you have any questions regarding this letter, please contact Thomas Adams, Director, Curriculum Frameworks and Instructional Resources Division, at 916-319-0881 or by e-mail at tadams@cde.ca.gov, or Suzanne C. Rios, Administrator, Instructional Resources Unit, at 916-319-0665 or by e-mail at srios@cde.ca.gov.

Sincerely,

 

Gavin Payne
Chief Deputy Superintendent of Public Instruction

GP:sr

Enclosures

cc: Kenneth Noonan, President, State Board of Education
  Roger Magyar, Executive Director, State Board of Education
  Thomas Adams, Director, Curriculum Frameworks and Instructional Resources Division
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