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Each year during the term of this measure, the City shall appropriate one-third of the money in the Public Education Enrichment Fund to the San Francisco Unified School District for arts, music, sports, and library programs in the schools.
(Added March 2004)
(a) Universal Access to Early Education. It shall be the goal of the City and County of San Francisco to provide all children between the ages of three and five years who are City residents the opportunity to attend quality early education programs, giving priority to four year old children. It is the goal of the people in adopting this measure to expand such access beginning no later than September 1, 2015, building upon the work of the City's existing Preschool for All program. This portion of the Fund may also be used to support the development of services for children from birth to three years old.
(b) Planning Process. No later than January 1, 2016, DEC, in consultation with the San Francisco Child Care Planning and Advisory Council, the First Five Commission, the San Francisco Unified School District, the San Francisco Human Services Agency, the San Francisco Department of Children, Youth and Their Families, and community stakeholders, shall submit to the Board of Supervisors a proposal for expanding quality universal early education for San Francisco. The Board of Supervisors shall approve the plan by resolution; if the Board does not approve the plan, it may refer the plan back to DEC for revision.
In preparing the plan, DEC may consult with the First Five Commission to develop universal early education funding guidelines consistent with the findings of the 2012-2013 Child Care Planning and Advisory Council’s San Francisco Child Care Needs Assessment, the 2012 San Francisco Citywide Plan for Early Education, First 5 San Francisco’s 2013 Evaluations of the Preschool for All program, the San Francisco Unified School District’s 2014 Kindergarten Readiness Data, and the Office of Early Care and Education’s 2014 Financing Study.
The plan shall include goals for the quality of early care and education programs, shall align with emerging developments in state and/or federal early care and education policy, and
shall address the professional development needs of center-based and family child care providers. “Professional development” as used in this Section 16.123-4 includes education, technical assistance and coaching, training, and supports, and shall be aligned with the City’s goals for early care and education program quality. Additionally, in preparing the plan, DEC shall develop guidelines designed to meet neighborhood-specific needs, including school readiness, subsidy availability, children’s dual language development, facility development, parent engagement and education, inclusion of children with special needs, and provider support for both family child care homes and child care centers. Such funding guidelines also shall address the unmet need for universal early education and child care slots in specific City neighborhoods.
The plan shall also include an equity analysis of services and resources for children and families. The Early Childhood Community Oversight and Advisory Committee, or any successor entity, shall develop a set of equity metrics to be used to compare existing services and resources in low-income and disadvantaged communities with services and resources available in the City as a whole.
Following the Board of Supervisors’ approval of the plan, DEC, in collaboration with the San Francisco Unified School District and First Five Commission, shall develop an evaluation plan for tracking the results of the City’s investments in early care and education.
(c) Annual Disbursements. For Fiscal Year 2014-2015, the City shall appropriate one-third of the money in the Public Education Enrichment Fund to the First Five Commission for universal preschool programs administered by the Commission. Beginning July 1, 2015, the City each year shall appropriate one-third of the money in the Public Education Enrichment Fund to DEC for early education programs to be administered by that office or entity or its successor.
(d) Citizens Advisory Committee. No later than March 1, 2015, the Board of Supervisors shall establish, by ordinance, a Citizens Advisory Committee to provide recommendations to DEC on universal access to early education and the funds appropriated under this Section 16.123-4
.
(Added March 2004; amended November 2014; Proposition J, Approved 11/5/2024)
(a) Annual Disbursements. Each year through and including Fiscal Year 2040-2041, the City shall appropriate one-third of the money in the Public Education Enrichment Fund to the San Francisco Unified School District as direct financial support.
(b) Permissible Uses. The San Francisco Unified School District may expend funds provided as direct financial support under this Section for any educational or support purpose provided under law, including, but not limited to, gifted and talented programs, magnet programs, literacy programs, dual-language immersion programs, special education, employee compensation, career and college centers at high schools, teacher mentoring or master teacher programs, or other instructional purposes. The City recognizes that in providing such programs and services, a well-run school district requires both certificated and classified staff, and urges the San Francisco Unified School District to hire both certificated and classified staff to carry out the purposes of this measure.
(Added March 2004; amended November 2014)
(a) No later than April 1 of each year, the San Francisco Unified School District and DEC shall each submit an expenditure plan (“Annual Expenditure Plan”) for funding to be received by the School District from the Public Education Enrichment Fund for the upcoming fiscal year to the Initiative, the Controller, the Mayor, and the Board of Supervisors, in response to the Controller’s March fund estimate for the coming fiscal year. The School District’s Annual Expenditure Plan shall also describe the School District’s plans to ensure oversight and transparency of the spending through regular review by the Board of Education. The Initiative shall review the School District’s Annual Expenditure Plan and may provide any recommendations regarding the plan to the Board of Supervisors.
(b) The plans shall include a budget for the expenditures, descriptions of programs and services, performance goals, student impact goals, target populations, hiring and recruitment plans for personnel, plans for matching or other additional funding, operating reserves, the estimated carryover funds in the current fiscal year and the planned allocations for those estimated funds during the upcoming fiscal year, and any other matters that the School District and DEC deem appropriate or the Initiative, the Controller, the Mayor, or the Board requests.
(c) By no later than April 1 of each year, beginning in 2026, the School District shall submit to the Initiative, the Controller, the Mayor, and the Board of Supervisors an annual report describing how the School District plans to expend funds for arts, music, sports, and library programs for schools consistent with the School District’s internal guidelines regarding student educational outcomes in the subsequent fiscal year.
(d) In addition to the Annual Expenditure Plan referenced in subsection (a), by no later than January 31 of each year, beginning in 2026, the School District shall submit to the Initiative, the Controller, the Mayor, and the Board of Supervisors an annual report detailing the School District’s budgeted expenditures compared to its actual expenditures for the prior fiscal year, and describing: (1) how the School District expended arts, music, sports, and library and other funding it received from the Annual City Contribution for the prior fiscal year, including, if applicable, a comprehensive summary of courses and programs funded in each school by the Annual City Contribution, with information about participation rates in each course or program; (2) how the expended funding is consistent with the Citywide Community Needs Assessment described in Section 16.127-9, the Outcomes Framework described in Section 16.127-5, and internal guidelines regarding student educational outcomes; and (3) how the School District plans to use the Annual City Contribution consistent with the Citywide Community Needs Assessment, Outcomes Framework, and internal guidelines regarding student educational outcomes in the subsequent fiscal year; and (4) identification of any carryover funds from the Annual City Contribution and how the School District plans to reallocate those carryover funds during the fiscal year.
(e) By no later than January 31 of each year, the School District shall submit to the Initiative, the Controller, the Mayor, and the Board of Supervisors a report describing, to the extent available, its fiscal year-to-date expenditures and activities as described in subsection (b) for the current fiscal year, including but not limited to the School District’s progress in the design and delivery of programs and in meeting student impact goals identified in the Annual Expenditure Plan and expenditures regarding arts, music, sports, and library programs.
(f) The Mayor and the Board of Supervisors may request further explanation of items included in the plans, and the District and DEC shall respond in a timely manner to such inquiries. The Board may place appropriations provided for under this measure on reserve until it has received adequate responses to its inquiries.
(g) The Board of Supervisors by ordinance may modify the deadlines in this Section 16.123-6.
(Added March 2004; amended November 2014; Proposition J, Approved 11/5/2024)
(a) Audit Recommendations. The Mayor and the Board of Supervisors may suspend the City's disbursements from the baseline appropriations or the Public Education Enrichment Fund under Sections 16.123-3, 16.123-4, or 16.123-5 in whole or in part for any year where the Controller certifies that the San Francisco Unified School District or DEC has failed to adopt audit recommendations made by the Controller.
As part of the audit function, the Controller shall periodically review performance and cost benchmarks developed by the School District and DEC, including:
(1) Fund dollars spent for services, materials, and supplies permitted under the Charter;
(2) Fund dollars spent as reported to the City;
(3) Supporting documentation of Fund expenditures; and
(4) Progress towards established workload, efficiency, and effectiveness measures.
(b) Reserve Policies. The Mayor and the Board of Supervisors may suspend the City's disbursements from the baseline appropriations or the Public Education Enrichment Fund under Sections 16.123-2, 16.123-4, or 16.123-5 in whole or in part for any year where the Controller certifies that the San Francisco Unified School District or the DEC has failed to adopt reserve policies recommended by the Controller.
(c) Transfer and Use of Suspended Distributions. If the Mayor and the Board of Supervisors suspend City distributions from the baseline appropriations or the Public Education Enrichment Fund under subsections (a) or (b), the City shall transfer the amount that would otherwise be distributed from the baseline appropriations or the Public Education Enrichment Fund for that year to the Children and Youth Fund established in Charter Section 16.108, or any successor legislation, for the provision of substantially equivalent services and programs.
(d) New Local Revenues. The Board of Supervisors may, by ordinance, proportionally reduce the contribution to the Public Education Enrichment Fund and the disbursements to the San Francisco Unified School District and the DEC required by Sections 16.123-1 through 16.123-10 if the voters of San Francisco adopt new, dedicated revenue sources for the School District or the DEC, and the offsetting reduction in disbursements is specifically authorized by the local revenue measure.
(e) New State Revenues. Following full implementation of the per-student funding targets outlined for SFUSD in the State’s Local Control Funding Formula (“LCFF”), as adopted in 2013, the Board of Supervisors may, by ordinance, proportionally reduce the contribution to the Public Education Enrichment Fund and the disbursements to the San Francisco Unified School District required by Section 16.125 if the percentage increase in per-pupil LCFF funding provided by the State of California to the San Francisco Unified School District in any subsequent fiscal year exceeds the percentage increase in the City’s cost of living during the previous fiscal year.
The Board of Supervisors may, by ordinance, proportionally reduce the contribution to the Public Education Enrichment Fund and the disbursements to DEC if the State of California provides funding to the City for universal preschool, provided that such disbursements are not required to match state and/or other funding.
(Added March 2004; amended November 2014; Proposition J, Approved 11/5/2024)
(a) The people of the City and County of San Francisco find and declare that major urban school districts, such as San Francisco, serve an ethnically and economically diverse student population that requires more resources than currently provided under state guidelines. In adopting this measure, the people of San Francisco choose to provide additional City resources to complement, and not supplant, state funding for the San Francisco Unified School District.
(b) Consistent with subsection (a), the people of the City and County of San Francisco specifically find that their contributions to and disbursements from the baseline appropriations and the Public Education Enrichment Fund are discretionary expenditures by the City for the direct benefit of the children of San Francisco, their families, and the community at large. In the event that the State attempts, directly or indirectly, to redistribute these expenditures to other jurisdictions or to offset or reduce State funding to the School District because of these expenditures, the City shall transfer said monies that would otherwise be distributed to the School District each year to the City's Children's Fund established in Charter Section 16.108, for the provision of substantially equivalent services and programs.
(Added March 2004)
(a) The Board of Supervisors may, by resolution, designate as a "watch law" any state or federal law or regulation that calls for, authorizes, or requires the production by any City officer, employee, agency, department or office of information, records, or other tangible things held by the City, the disclosure of which could violate the rights of any individuals under the State or Federal Constitutions.
(b) The Board of Supervisors may provide, by ordinance, that it shall respond on behalf of the City and County of San Francisco to all orders or requests for the production of information, records or other tangible things served on the City and County under any law designated as a watch law.
(c) The Board may adopt procedures for expedited consideration of orders or requests for production where necessary to comply with legal deadlines for responding. Prior to acting by resolution of the full Board of Supervisors, the Board may refer the order or request to a committee of its members for a recommendation to the full Board, after consultation with the City Attorney, on an appropriate course of action. To the extent federal or state law would prohibit public disclosure of information that the Board of Supervisors needs to discuss in order to discharge its powers under this Section, the Board may meet in closed session for the limited purpose of discussing that information.
(Added March 2004)
The Board of Supervisors may, by a vote of three-fourths of its members, amend or repeal the voter approved Domestic Partnership Ordinance, as codified in Chapter 62 of the San Francisco Administrative Code, as it deems necessary (1) to eliminate any residency requirement for establishing a Domestic Partnership by filing with the County Clerk, (2) to recognize domestic partnerships formed in other jurisdictions to the same extent as marriages formed in other jurisdictions, and (3) to afford domestic partners, to the fullest extent legally possible, the same rights, benefits, responsibilities, obligations and duties as spouses.
(Added March 2004)
[OUR CHILDREN, OUR FAMILIES COUNCIL]
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