Compensatory Education Programs for Disadvantaged ChildrenMigrant Children
Section § 54440
Many children in California have parents who are migratory agricultural workers or fishermen. These children face unique challenges such as frequent moves, irregular school attendance, health issues, and language barriers, which can lead to dropping out of school early and struggling in the job market.
The state recognizes that these issues are too big for local school districts to handle alone. Therefore, California is committed to assisting by setting up regional offices and providing special educational programs and services to support these children.
Section § 54441
This section explains key terms related to migrant education in California. A "currently migratory child" is one who has moved with family for temporary or seasonal work in agriculture or fishing within the past year. A "former migratory child" is one who was eligible for migrant education in the last five years but no longer moves for work. "Agricultural activity" includes farming-related work, while "fishing activity" involves catching or processing fish. An "operating agency" administers migrant education programs, and a "migrant region" is the area these programs cover. "Quality control" ensures high program standards, and "supplementary services" are extra support provided to migratory children. "Average monthly enrollments" track pupil numbers in these programs. "Department" refers to the State Department of Education, and "Superintendent" means the Superintendent of Public Instruction.
Section § 54441.5
This section allows a child recognized as a "migrant child" to keep that status for up to three years while living in an area with migrant education programs, as long as the child's parent agrees. The services provided must follow federal rules and guidelines for migrant education.
Section § 54442
This law requires the state board to create a comprehensive plan for educating migrant children, ensuring they receive the same opportunities as others. The plan includes several key components:
(a) Providing supplemental instructional activities focused on communication, reading, and math, using methods like small group and individual tutoring to help them catch up academically.
(b) Offering health and welfare services to address issues that hinder learning, using available community resources.
(c) Training school staff to cater to the unique needs of migrant children.
(d) Supplying supportive services such as transportation and family liaison assistance.
(e) Conducting child development activities for younger children not old enough for regular school programs.
(f) Involving parents, educators, and community members in implementing these education programs locally.
Section § 54443
This law outlines how services should be prioritized for migratory children. First, school-aged currently migratory children receive services, followed by school-aged former migratory children, preschool currently migratory children, and preschool former migratory children.
Former migratory children can only get services if it doesn't prevent current migratory children from receiving help, or weaken the state's migrant education program. Additionally, eligibility must align with federal laws and rules.
Section § 54443.1
This law mandates that migrant education programs in California must assess each enrolled student's educational and health needs within 30 days and develop a program to address these needs. This includes academic, remedial, and bilingual instruction, career technical education, and counseling. Preschool and other essential services must also be included if they aren't already adequately provided. Instructional materials and coordination with existing resources should be part of the plan. An annual individual learning plan must be given to parents, and staff development must be prioritized. The program must also involve parents and the community and evaluate its effectiveness regularly.
School districts can apply for funding to run these programs, provided they coordinate with other educational programs and meet state and federal guidelines.
Section § 54444
The Superintendent of Public Instruction has the authority to carry out the State Board of Education's plan by partnering with county superintendents or local schools to provide services for migrant children in certain areas.
They can also collaborate with other states or government agencies to deliver or manage services for these children, including programs like the Mini-Corps and using systems for transferring student records.
Section § 54444.1
This law outlines how California should deliver services to migrant children by setting up regional service systems. The Superintendent is responsible for establishing regions, especially in areas with many migrant workers, and approving plans based on specific criteria like geographic boundaries and minimizing commuting. Regions should support at least 1,500 migratory children, and counties cannot be split between regions. A waiver can be requested if these requirements can't be met.
Agencies can apply to become these regions, needing approval from parent advisory councils and demonstrating ability to provide the necessary services. Regions must involve local districts in activities and meetings.
Additionally, the state can directly fund local education agencies if it’s cost-effective and if they meet participant and compliance criteria. All activities should involve migrant parent advisory committees to ensure their engagement and agreement.
The Superintendent will also create an annual schedule for applications and handling changes. The program is to remain distinct from other funding processes unless approved by parent councils.
Section § 54444.2
This law requires the California Superintendent to ensure that parents are actively involved in the state's migrant education program. Each agency receiving migrant education funds must create a parent advisory council consisting primarily of parents of migrant children, who help plan and evaluate programs. The state also has its own parent advisory council for similar purposes. The statute mandates regular meetings and provides for conferences to be held for these councils. Additionally, it requires that training programs and necessary materials be provided to council members, with costs covered by federal and state funds where possible. Agencies providing statewide services consult the statewide advisory council instead of creating their own. Special provisions allowed for reduced meeting and election requirements in 2020 due to extraordinary circumstances.
Section § 54444.3
This law requires schools receiving federal funds for migrant education to conduct summer programs for eligible migrant children from kindergarten to 12th grade. The programs must address individual student needs and complement regular school-year instruction. The minimum daily instructional time varies by grade level, but there are exceptions for holiday and special conditions based on permission from the Superintendent.
The program must have prior written approval, be of standard difficulty, involve culturally trained staff, and supplement other summer programs. Facilities should be made available at cost, but exceptions were made during the COVID-19 pandemic. For 2020, schools could use distance learning and time requirements were waived.
Section § 54444.4
This law outlines the responsibilities of parent advisory councils, school districts, regional agencies, and the State Board of Education in relation to the migrant education program in California. Parent advisory councils help set goals, review needs, and advise on staff for migrant education programs. School districts must provide compliant services and support to staff and inform parents. Regional responsibilities include funding, technical assistance, and training for staff and parents. The State Board of Education follows the State Master Plan for Migrant Education.
Section § 54444.5
This law ensures that employees in non-certification positions retain their salary, leave, and benefits when there is a reorganization of service regions for migratory children programs. If a service region is reorganized or divided, employees can move to new regions if there is an equivalent open position. If no positions are available, employees go on a priority list for future opportunities. Job assignments during reorganization prioritize seniority.
Section § 54445
This law section states that the State Board of Education is responsible for creating the rules and regulations needed to put this article into action.