Loading...
DAAS shall provide for the evaluation on a regular basis of all services funded through the Fund, and shall prepare on a regular basis an Evaluation and Data Report for the Oversight and Advisory Committee. Subject to the budgetary and fiscal provisions of the Charter, DAAS may contract with consultants and outside experts for such services as the Department may require to conduct such evaluations and to prepare the Evaluation and Data Report. This evaluation process is intended to be reasonable in scope and to build on and strengthen existing program evaluations.
(Added by Proposition I, Approved 11/8/2016)
The Oversight and Advisory Committee shall recommend standards and procedures for the selection of contractors to be funded from the Fund. It shall be the policy of the City to use competitive solicitation processes where appropriate and to give priority to the participation of non-profit agencies.
(Added by Proposition I, Approved 11/8/2016)
(Added by Proposition I, Approved 11/8/2016)
No appropriation, contract, or other action shall be held invalid or set aside by reason of any error, including without limitation any irregularity, informality, neglect, or omission, in carrying out procedures specified in Sections 16.128-1 through 16.128-12, unless a court finds that the party challenging the action suffered substantial injury from the error and that a different result would have been probable had the error not occurred.
(Added by Proposition I, Approved 11/8/2016)
(a) Creation. There shall be a Dignity Fund Oversight and Advisory Committee (“Oversight and Advisory Committee”) to monitor and participate in the administration of the Dignity Fund as provided in Charter Sections 16.128-1 et seq., and to take steps to ensure that the Fund is administered in a manner accountable to the community.
(b) Responsibilities.
(1) The Oversight and Advisory Committee shall develop recommendations for DAAS and the Fund regarding outcomes for services to Seniors and Adults with Disabilities, the evaluation of services, common data systems, a process for making funding decisions, program improvement and capacity-building of service providers, community engagement in planning and evaluating services, leveraging dollars of the Fund, and the use of the Fund as a catalyst for innovation. The Oversight and Advisory Committee shall promote and facilitate transparency and accountability in the administration of the Fund and in the planning and allocation process.
(2) As provided in Section 16.128-6, the Oversight and Advisory Committee shall provide input into the planning process for the Community Needs Assessment (“CNA”) and the final CNA, the Services and Allocation Plan, and the over-all spending plan for the Fund to be presented to the Disability and Aging Services Commission, and shall review the annual Data and Evaluation Report. Nothing in this Section 16.128-11 shall limit the authority of the Mayor and the Board of Supervisors to propose, amend, and adopt a budget under Article IX of the Charter.
(3) The Oversight and Advisory Committee shall establish and maintain a Service Provider Working Group as provided in subsection (e).
(4) The Oversight and Advisory Committee shall meet at least six times a year.
(c) Composition. The Oversight and Advisory Committee shall have 11 members. The Disability and Aging Services Commission shall appoint two of its members to the Oversight and Advisory Committee. The Advisory Council to the Department of Disability and Aging Services shall appoint three of its members to the Oversight and Advisory Committee. And the Long Term Care Council shall appoint three of its members to the Oversight and Advisory Committee. The Mayor shall appoint the remaining three at-large members of the Oversight and Advisory Committee, subject to rejection by the Board of Supervisors within 30 days following transmittal of the Notice of Appointment.
The appointing authorities shall appoint the initial members by February 1, 2017. The terms of the initial appointees to the Committee shall commence on the date of the first meeting of the Committee, which may occur when at least eight members have been appointed and are present.
(d) Implementation. The Board of Supervisors shall further provide by ordinance for the membership, structure, functions, appointment criteria, terms, and administrative and clerical support of the Oversight and Advisory Committee. The Board of Supervisors shall adopt such legislation to be effective by January 1, 2017.
(e) Service Provider Working Group. The Oversight and Advisory Committee shall create a Service Provider Working Group (“Working Group”) to advise the Oversight and Advisory Committee on funding priorities, policy development, the planning cycle, evaluation design and plans, and any other issues of concern to the Working Group related to the Fund or the responsibilities of DAAS or other departments receiving monies from the Fund. The Working Group shall engage a broad cross-section of service providers in providing information, education, and consultation to the Oversight and Advisory Committee. All members of the Working Group shall be actively providing services to Seniors, Adults with Disabilities, and their caregivers. DAAS staff shall provide administrative and clerical support to the Working Group. The Working Group shall meet at least four times a year. The Oversight and Advisory Committee shall appoint two initial co-chairs of the Working Group, who shall be responsible for developing the structure of the Working Group and facilitating the meetings. After the terms of the initial co-chairs expire, the Working Group shall select its own chairs. Working Group meetings shall be open to the public and encourage widespread participation.
(Added by Proposition I, Approved 11/8/2016; Amended by Proposition B, Approved 11/5/2019)
(a) The City Attorney shall cause all references in the Municipal Code to the Aging and Adult Services Commission, the Department of Aging and Adult Services, and the Aging and Adult Services Community Living Fund to be amended to refer to the Disability and Aging Services Commission, the Department of Disability and Aging Services, and the Disability and Aging Services Community Living Fund, respectively.
(b) Upon completion of the amendments required by subsection (a), the City Attorney shall cause this Section 16.128-13 to be removed from the Charter.
(Added by Proposition B, Approved 11/5/2019)
(a) Definitions. For purposes of this Section 16.129:
“City” shall mean the City and County of San Francisco.
“Maintenance” (and its root “Maintain”) shall mean those actions necessary to promote the life, growth, health, or beauty of a Tree. Maintenance includes both routine maintenance and major maintenance. Routine maintenance includes adequate watering to ensure the Tree’s growth and sustainability; weed control; removal of Tree-well trash; staking; fertilizing; routine adjustment and timely removal of stakes, ties, Tree guards, and Tree grates; bracing; and Sidewalk repairs related to the Tree’s growth or root system. Major maintenance includes structural pruning as necessary to maintain public safety and to sustain the health, safety, and natural growth habit of the Tree; pest and disease-management procedures as needed and in a manner consistent with public health and ecological diversity; and replacement of dead or damaged Trees. Pruning practices shall be in compliance with International Society of Arboriculture Best Management Practices and ANSI Pruning Standards, whichever is more protective of Tree preservation, or any equivalent standard or standards selected by the Director of the Department of Public Works.
“Planting” shall mean putting or setting into the ground or into a container to grow, and irrigating until self-sufficient.
“Removal” shall mean any intentional or negligent moving, carrying away, elimination, or taking away of part or all of a Tree.
“Sidewalk” shall mean the area between the curbing and the abutting private property lot line, whether paved or unpaved, as legislated by the Board of Supervisors and as reflected in the official maps of the Department of Public Works.
“Street Tree” shall mean any Tree growing within the public right-of-way, including unimproved public streets and Sidewalks, and any Tree growing on land under the jurisdiction of the Department of Public Works. “Street Tree” does not include any other forms of landscaping.
“Tree” shall mean any perennial, woody or fibrous plant species or cultivar, which reaches a height exceeding 10 feet at maturity, and which supports a branched or un-branched leaf canopy.
(b) City Responsibility to Maintain Street Trees. Beginning on July 1, 2017, and except as otherwise required by supervening law, the City shall be responsible for Maintaining Street Trees, including Street Trees planted both before and after July 1, 2017. The City may not adopt any ordinance making it the duty of owners of lots or portions of lots immediately abutting on, fronting on, or adjacent to any Street Tree to Maintain such Street Tree on or after July 1, 2017. Any such ordinance in existence on July 1, 2017, shall, to the extent it conflicts with this Section 16.129, be void.
(c) Limitations of Transfer of Responsibility. Nothing in this Section 16.129 shall: (1) affect the rights or responsibilities of the City or property owners with respect to the Removal, establishment, or relocation of a Street Tree; (2) prevent the City from entering into voluntary agreements with third parties for them to assume responsibility for Street Tree Maintenance or continuing to abide by any such prior agreement; (3) prevent the City from imposing any legally permitted penalties or fees on persons who injure, damage, or destroy Trees; or (4) relieve abutting property owners from their responsibility for the care and Maintenance of the Sidewalk and Sidewalk areas adjacent to any Street Tree, other than the responsibility for Sidewalk repairs related to the Tree’s growth or root system, which shall be the responsibility of the City.
(d) Limitation of Liability. Beginning on July 1, 2017, any local law imposing liability on property owners that do not Maintain Street Trees for injury or property damage shall not apply to the extent that the injury or property damage occurred on or after July 1, 2017, and was proximately caused by the City’s failure to Maintain a Street Tree under this Section 16.129, but shall otherwise remain applicable. Nothing in this Section 16.129 shall be construed to impose liability on the City for injury or property damage that occurred as a result of the property owner’s responsibility to Maintain a Street Tree prior to July 1, 2017. To the extent that the Maintenance of a Street Tree requires that the City access private property, the City shall attempt in good faith to obtain permission from the owner of the private property. If the owner refuses to grant the City permission to access the private property for the purpose of Maintaining the Street Tree, the City shall have no liability for any damages related to the Maintenance of that Street Tree, and the property owner shall be subject to liability for such damages.
(e) No later than April 1, 2017, the Department of Public Works shall submit to the Board of Supervisors recommended amendments to Public Works Code Article 16, including but not limited to Section 805, to conform to this Section 16.129.
(f) Creating the Street Tree Maintenance Fund; Annual City Contributions. There shall be a Street Tree Maintenance Fund (the “Fund”). Each fiscal year, beginning in fiscal year 2017-2018, the City shall contribute $19 million to the Fund. The Fund shall also include any other monies appropriated or allocated to the Fund. Beginning in fiscal year 2018-2019, the Controller shall adjust the amount of the City’s annual $19 million contribution to the Fund under this subsection (f) by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In determining aggregate City discretionary revenues, the Controller shall only include revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose. Additionally, in determining aggregate City discretionary revenues, the Controller shall not include revenues received by the City under the increased rates in Business and Tax Regulations Code Sections 953.1(g), 953.2(h), 953.3(h), 953.4(e), 953.5(d), 953.6(f), 953.7(d), and 953.8(i) adopted by the voters at the general municipal election on November 3, 2020, and shall not include revenues received by the City under Article 36 of the Business and Tax Regulations Code adopted by the voters at the general municipal election on November 3, 2020. The change in aggregate discretionary revenues will be adjusted following the end of the fiscal year when final revenues are known. The Controller is authorized to increase or reduce budgetary appropriations as required under this subsection (f) to reflect changes in aggregate discretionary revenues following the end of the fiscal year when final revenues are known. The Controller shall set aside and maintain the above amounts, together with any interest earned thereon, in the Fund, which shall be subject to appropriation. Any amount unspent or uncommitted at the end of the fiscal year shall be deemed to have been devoted exclusively to a specified purpose within the meaning of Charter Section 9.113(a), shall be carried forward to the next fiscal year, and, subject to the budgetary and fiscal limitations of this Charter, shall be appropriated then or thereafter for the purposes set forth in this Section 16.129.
(g) Beginning in fiscal year 2018-2019, the City may suspend growth in the City’s $19 million contribution to the Fund under subsection (f) of this Section 16.129 if the City’s projected budget deficit for the upcoming fiscal year at the time of the Joint Report or Update to the five-year financial plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst exceeds $200 million adjusted annually by changes in aggregate discretionary revenues as defined in subsection (f) of this Section 16.129.
(h) Administration and Use of the Fund. The Department of Public Works shall administer the Fund. Monies in the Fund shall only be used for the following purposes:
(1) Maintenance and Removal of Street Trees;
(2) Necessary costs of administering the Fund; and
(3) Making grants totaling up to $500,000 annually to the San Francisco Unified School District exclusively to fund Maintenance and Removal of Trees on School District property.
Monies in the Fund shall not be used for Planting new Street Trees, or for grants to the San Francisco Unified School District for the Planting of new Trees on School District property, but may be used to pay the costs of Maintaining and Removing Street Trees that were planted before or after July 1, 2017, and to make grants to the School District to Maintain and Remove Trees that were planted before or after July 1, 2017.
(i) Annual Reports. Commencing with a report filed no later than January 1, 2019, covering the fiscal year ending June 30, 2018, the Department of Public Works shall file annually with the Board of Supervisors, by January 1 of each year, a report containing the amount of monies collected in and expended from the Fund during the prior fiscal year, and such other information as the Director of the Department of Public Works, in the Director’s sole discretion, shall deem relevant to the operation of this Section 16.129
.
(j) Early Termination. At any time before January 1, 2017, the Mayor, after consulting with his or her Budget Director and the Controller, and after taking into account the City’s projected revenues and expenditures in the City’s financial plans, may terminate implementation of this Section 16.129 by issuing a written notice to the Board of Supervisors and the Controller. The termination shall be irrevocable and apply to this entire Section. Upon the Mayor’s submittal of the notice to the Controller and the Board of Supervisors, this Section 16.129 shall, by operation of law, become inoperative, and the City Attorney shall cause this Section to be removed from the Charter.
(Added by Proposition E, Approved 11/8/2016; amended by Proposition B, Approved 11/3/2020; Proposition F, Approved 11/3/2020; Proposition B, Approved 11/8/2022)
(a) The principles stated in subsection (e) of this Section 16.130 constitute the Privacy First Policy of the City and County of San Francisco (“City”) and are intended to provide guidance to the City when considering the adoption of privacy-protective laws, regulations, policies, and practices for the City; the City’s contractors, lessees, and grantees; third parties receiving permits, licenses, or other entitlements from the City; and persons (including businesses and other entities) within the regulatory authority of the City.
(b) All parts of City government, including but not limited to boards, commissions, departments, other bodies, and officials, are authorized to implement any or all of these principles consistent with other provisions of the Charter, including this Section 16.130, and City law.
(c) Notwithstanding subsection (b), and notwithstanding any other provision of the Charter, the Board of Supervisors shall have authority by ordinance to implement these principles as it deems appropriate. This authority includes imposing requirements that implement any or all of these principles on any or all City boards, commissions, departments, other entities, and officials, and on any or all contractors, lessees, grantees, third parties receiving permits, licenses, or other entitlements, or others, within the jurisdiction of said boards, commissions, departments, other entities, and officials.
(d) For purposes of the Privacy First Policy, “Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual. Personal Information includes, but is not limited to, an individual’s name, signature, social security number, physical characteristics or description, address, geolocation data, IP address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, genetic and biometric data, or health insurance information.
(e) When considering the adoption of privacy-protective laws, regulations, policies, and practices, the City shall:
(1) Engage with and inform individuals and communities likely to be impacted by the collection, storage, sharing, or use of their Personal Information prior to authorizing and prior to any change regarding the collection, storage, sharing, or use of their Personal Information.
(2) Ensure that Personal Information is only collected, stored, shared, or used pursuant to a lawful and authorized purpose.
(3) Allow individuals to access Personal Information about themselves that has been collected, and provide access and tools to correct any inaccurate Personal Information.
(4) Solicit informed consent to the collection, storage, sharing, or use of Personal Information, and provide alternative and equal access to goods and services for those who deny or revoke consent.
(5) Discourage the collection, storage, sharing, or use of Personal Information, including Personal Information that may identify an individual’s race, religion or creed, national origin, gender, sexual orientation, age, physical or mental disability, or other potentially sensitive demographic information, unless necessary to accomplish a lawful and authorized purpose.
(6) De-identify data sets, when collected for research, statistical, or other analytical purposes, thereby removing the ability to connect personal characteristics with specific individuals, and implement technical safeguards to prevent re-identification of information.
(7) Adopt and make public, or cause to be made public, policies and practices for responding to requests or demands for Personal Information from governmental entities.
(8) Allow individuals to move and organize throughout the City without being tracked or located in a manner that subjects them to collection of Personal Information without their consent.
(9) Evaluate and mitigate bias or inaccuracy in the collection, storage, sharing, or use of Personal Information, and anticipate potential bias in secondary uses of and algorithms used in connection with Personal Information.
(10) Retain Personal Information for only as long as necessary to accomplish a lawful and authorized purpose.
(11) Secure Personal Information against unauthorized or unlawful processing or disclosure; unwarranted access, manipulation, or misuse; and accidental loss, destruction, or damage.
(f) In furtherance of the Privacy First Policy, the City Administrator, by May 31, 2019, shall propose for consideration by the Board of Supervisors an ordinance establishing criteria and rules that the City shall adhere to (1) in the City’s own practices for the collection, storage, sharing, and use of Personal Information; (2) when entering into contracts, grants, or leases with third parties that are, or may in the future be, in a position to collect, store, share, or use Personal Information in connection with or generated by the contract, grant, or lease; and (3) when issuing permits, licenses, or other entitlements that involve, or may in the future involve, collection, storage, sharing, or use of Personal Information in connection with or generated by the permit, license, or other entitlement. The proposed ordinance may also address criteria and rules regarding collection, storage, sharing, and use of Personal Information by persons (including businesses and other entities) within the City’s regulatory authority. This subsection (f) shall not be construed to restrict the authority of the Board of Supervisors at any time to adopt an ordinance concerning the subjects that are or could be addressed by the City Administrator in the proposed ordinance.
(g) No less frequently than every three years following the submission under subsection (f) of the City Administrator’s proposed ordinance, the City Administrator shall provide to the Board of Supervisors and the Mayor a written report describing the City’s implementation of the Privacy First Policy; describing new dimensions of collecting, storing, sharing, and using Personal Information that may present a threat to privacy; and making such recommendations as the City Administrator deems appropriate, including but not limited to recommendations to adopt or amend ordinances regarding the collection, storage, sharing, or use of Personal Information.
(h) The principles in subsection (e) underlying the Privacy First Policy are not binding or self-executing but rather are intended as a guide to City boards, commissions, departments, other bodies, and officials, and to the Board of Supervisors, when considering the adoption of privacy-protective laws, regulations, policies, and practices.
(i) The Privacy First Policy may not be implemented in a manner that is inconsistent with voter-approved ordinances regarding privacy, open meetings, or public records. Notwithstanding any other provision of the Charter, the Board of Supervisors is authorized by ordinance to amend voter-approved ordinances regarding privacy, open meetings, or public records, provided that any such amendment is not inconsistent with the purpose or intent of the voter-approved ordinance.
(j) The Privacy First Policy is not intended in any manner to limit the power of the City to protect privacy by adopting laws, regulations, policies, and practices within the City’s power, whether specified or not specified in this Section 16.130.
(k) This Section 16.130 shall not apply to the extent, if any, its application is preempted by federal or state law.
(Added by Proposition B, Approved 11/6/2018)
(a) Establishment of Fund. There is hereby established the Student Success Fund (“the Fund”) to be administered by the Department of Children, Youth, and Their Families (the “Department”), or any successor agency. Monies therein shall be expended or used solely by the Department, subject to the budgetary and fiscal provisions of the Charter, for the purposes set forth in this Section 16.131.
(b) Purposes of Fund. The purpose of the Fund is to provide additional resources to the San Francisco Unified School District (the “District”) to accomplish grade-level success in core academic subjects and improve social/emotional wellness for all District students. The Fund will encourage the District to be innovative and creative in improving student outcomes in both areas, so that successful programs may be scaled up. One model to achieve the purposes of this Fund is the community school framework that has been implemented across the country with proven outcomes in academic achievement and student success.
Using this framework, students, families, educators, and connected community partners work together with school administrators in determining strategies to serve students who are struggling at their schools, and integrate partners inside and outside of the schools, such as City departments and community-based organizations, to meet student and family needs in order to increase student success and equity in and among schools. To help students succeed in the classroom, this framework bolsters current resources available in schools, and may include academic support, social/emotional interventions, strategies to address persistent poverty and trauma, or support for families to secure stability. Many of these needs can be met within the school by District educators and support staff including but not limited to school nurses, in-classroom tutors, literacy and math specialists, academic coaches, social workers, specialized curriculum, and school psychologists. Other interventions can be achieved with the assistance of community-based organizations and/or City departments including but not limited to programs and assistance to alleviate the impacts of poverty and/or trauma, after-school programming, therapeutic arts and culture programing, and summer school.
The Fund is born of a belief that students, parents, educators, and staff of community-based organizations at individual schools are the best situated to determine, within the District’s instructional and community schools framework, the direct interventions and programming that are necessary to help all students achieve academic success and social/emotional wellbeing at their school. The community schools framework continuously monitors programs and practices in each school community to ensure that strategies support student progress and outcomes, and that the entire school community is part of that work. The Fund is also born of a belief that it takes a village to successfully educate students, and the involvement of more caring adults to help students overcome challenges is a building block to their ultimate success.
(c) Definitions.
“Core Staffing” shall mean the minimum classroom teacher staffing levels required by the District’s collective bargaining agreement with the labor organization representing teachers in the District. For the purposes of this definition, Core Staffing also means the school principal.
“Department” shall mean the Department of Children, Youth, and Their Families, or any successor agency.
“District” shall mean the San Francisco Unified School District.
“Eligible School” shall mean a school in the District serving students at one or more grade levels from pre-kindergarten through 12th grade. The Board of Supervisors may, by ordinance, or the Department may, by regulation, establish criteria or prerequisites for Eligible Schools to receive grants from the Fund. If there is any conflict between an ordinance and a regulation as described in the preceding sentence, the ordinance shall prevail.
“Excess ERAF” shall mean the amount of remaining Educational Revenue Augmentation Fund monies allocated to the General Fund in a fiscal year under California Revenue and Taxation Code Section 97.2(d) (4)(B)(i)(III), as that provision may be amended from time to time.
“Fund” shall mean the Student Success Fund established by this Section 16.131.
“School Site Council” shall mean a council established under California Education Code Section 52852, as that provision may be amended from time to time. The Board of Supervisors may by ordinance modify the meaning of the term “School Site Council” for the purpose of this Section 16.131, provided that the ordinance must require participation by parents, students, community members, and school staff.
“Significant Reduction” shall mean a decrease in the amount of Excess ERAF from previous fiscal years such that the amount of anticipated Excess ERAF, as determined by the Controller, in a fiscal year is either (1) 50% less than the amount of Excess ERAF in the immediately preceding fiscal year or (2) 50% less than the amount of Excess ERAF in the fiscal year three years prior.
(d) Annual Appropriations to the Fund.
(1) In Fiscal Year 2023-2024, the City shall appropriate $11 million to the Fund (an amount that is equivalent to approximately 3.1% of the anticipated value of Excess ERAF for Fiscal Year 2023-24, as projected by the Controller on June 1, 2022). In Fiscal Year 2024-2025, the City shall appropriate $35 million to the Fund (an amount that is equivalent to approximately 9.4% of the anticipated value of Excess ERAF for Fiscal Year 2024-25, as projected by the Controller on June 1, 2022). In Fiscal Year 2025-2026, the City shall appropriate $45 million to the Fund (an amount that is equivalent to approximately 11.5% of the anticipated value of Excess ERAF for Fiscal Year 2025-26, as projected by the Controller on June 1, 2022). In Fiscal Year 2026-2027, the City shall appropriate $60 million to the Fund (an amount that is equivalent to approximately 14.6% of the anticipated value of Excess ERAF for Fiscal Year 2026-27, as projected by the Controller on June 1, 2022).
(2) In each year from Fiscal Year 2027-2028 through Fiscal Year 2037-2038, the City shall appropriate to the Fund an amount equal to the prior year’s appropriation, adjusted by the percentage increase or decrease in aggregate discretionary revenues, as determined by the Controller, based on calculations consistent from year to year, provided that the City may not increase appropriations to the Fund under this subsection (d)(2) by more than 3% in any fiscal year. In determining aggregate City discretionary revenues, the Controller shall only include revenues received by the City that are unrestricted and may be used at the option of the Mayor and the Board of Supervisors for any lawful City purpose.
(3) Notwithstanding subsections (d)(1) and (d)(2), the City may freeze appropriations to the Fund for any fiscal year after Fiscal Year 2023-2024 at the prior year amounts when the City’s projected budget deficit for the upcoming fiscal year at the time of the March Joint Report or March Update to the Five Year Financial Plan as prepared jointly by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst exceeds $200 million, adjusted annually beginning with Fiscal Year 2023-2024 by the percentage increase or decrease in aggregate City discretionary revenues, as determined by the Controller, based on calculations consistent from year to year. In any such fiscal year, the City also may in its discretion appropriate to the Fund an amount less than the amount required by subsection (d)(1) or (d)(2), as applicable, provided that the City must appropriate at least $35 million to the Fund in each such fiscal year.
(4) Notwithstanding subsections (d)(1), (d)(2), or (d)(3), if the Controller determines that there will be a Significant Reduction in Excess ERAF in any fiscal year after Fiscal Year 2023-2024, then the City shall not be required to appropriate the full amount set forth in subsection (d)(1) or (d)(2) for that fiscal year, but the City shall appropriate at least $35 million to the Fund in that fiscal year, in the following manner and sequence: In any such fiscal year, the City shall appropriate monies withdrawn from the separate reserve account under subsection (d)(6) until that account has no remaining funds. If there are no remaining funds in that reserve account, the City shall appropriate monies withdrawn from the City’s Budget Stabilization Reserve established under Charter Section 9.120. If there are no remaining funds in the Budget Stabilization Reserve, the City shall appropriate monies withdrawn from other budget reserve accounts established under Charter Section 9.120.
(5) If, at any election after November 8, 2022, the voters of the City enact a special tax measure that dedicates funds for the purposes described in this Section 16.131, the City may reduce the amount of appropriations in subsections (d)(1) and (d)(2) in any subsequent fiscal year by the amount of special tax revenues that the City appropriates for those purposes in that fiscal year.
(6) Reserve Account.
(A) The Controller shall establish a separate reserve account in the Fund to facilitate additional appropriations and expenditures during fiscal years described in subsections (d)(3) and (d)(4). In any fiscal year described in subsection (d)(3) or (d)(4), the City may appropriate and expend funds from this separate reserve account for the purposes permitted by this Section 16.131, provided that the total amount expended from the Fund in any fiscal year shall not exceed the amount set forth for that fiscal year in subsection (d)(1) or (d)(2).
(B) At the end of each fiscal year, the Controller shall deposit in the separate reserve account any monies that were appropriated to the Fund under subsection (d)(1) or (d)(2) but that remain uncommitted, provided that the amount in the separate reserve account shall not exceed $40 million. The Controller shall return to the General Fund any additional monies in the Fund that remain uncommitted.
(7) In Fiscal Year 2025-2026 and thereafter, monies from the Fund shall not replace, supplant, count as, or substitute for funding that is included or partially included in the Children and Youth baseline requirements under Section 16.108, the Public Education Enrichment Fund baseline requirements under Section 16.123-2, or any other provision of this Charter that requires the City to provide funding to the District or to services for children and youth.
(e) Uses of the Fund to Support School Site Initiatives for Academic Achievement and Social Emotional Wellness of Students. On a funding cycle determined by the Department, the Department shall invite Eligible Schools and the District to apply for grant funding to support academic achievement and social/emotional wellness of students. The Department shall establish after making reasonable efforts to consult with and reach mutual agreement with the District, or the Board of Supervisors may establish by ordinance after requesting input from the District, a simple and accessible grant funding process. If there is any conflict between any ordinance and a regulation described in the preceding sentence or in any other provision in this subsection (e), the ordinance shall prevail.
(1) Criteria: The Department, after consultation with the District, shall adopt criteria, and the Board of Supervisors may by ordinance adopt criteria, establishing the qualifications for Eligible Schools to receive a Student Success Grant or a Technical Assistance Grant, or for the District to receive a District Innovation Grant in coordination with one or more Eligible Schools. At minimum, to receive a Student Success Grant under subsection (e)(2), each Eligible School, including Eligible Schools covered by a District Innovation Grant, must meet the following criteria:
(A) The Eligible School must have a School Site Council that has endorsed the Eligible School’s grant funding proposal and has committed to supporting the implementation of the programs and/or staffing funded by the grant either before the award of the grant or within the first year of the grant being awarded.
(B) The Eligible School must have a full-time Community School Coordinator, or must plan to hire and in fact hire a Community School Coordinator, who will serve in a leadership role working alongside the Eligible School’s principal in implementing the grant and ensuring that the programs funded by the grant integrate with and enhance the Eligible School’s academic programs, social/emotional supports, and other programming. If there is a program or a community-based organization integrally connected to the Eligible School that provides on-site services and support for students and their families, including without limitation an after-school, Beacon, or other program, the Community School Coordinator must fully integrate these programs or organizations so they work together to enhance the academic learning and social/emotional support that occurs during the regular school day. The Community School Coordinator must participate in the School Site Council to help it gain and maintain the skills and capacity to meaningfully reflect the values of the school community and support the implementation of programs funded by each Student Success Fund Grant. The District or the Eligible School may pay for the Community School Coordinator with monies allocated through Student Success Grants or Technical Assistance Grants.
(C) The Eligible School must agree to coordinate with City departments and with the District’s administration to ensure that all resources, strategies, and programs at the Eligible School best serve students and their families. If the Eligible School implements initiatives that advance innovative student support models and strategies but are not funded by a grant under the Fund (for example, but without limitation, Beacon, ExCEL, or Promised Neighborhoods programs, or other partnerships with community-based organizations), then the Eligible School must demonstrate to the Department how programs supported by the grant will coordinate with, align with, and share leadership with those other initiatives. Eligible Schools’ initiatives should utilize the state-mandated school plan to ensure a coherent approach and align resources allocation with student outcomes in both academic achievement and social/emotional wellness.
(2) Student Success Grants: The Department shall provide a Student Success Grant to each Eligible School that the Department, after consultation with the District, determines is capable of successfully implementing the District’s instructional and community schools frameworks or other evidence-based school improvement strategies, based on the school’s application. The Department shall establish criteria, or the Board of Supervisors may establish criteria by ordinance, to prioritize grants to schools demonstrating low academic achievement and/or with a high number of vulnerable students, including but not limited to English language learners, foster youth, students eligible for free or reduced-price meals, homeless students, and students who are otherwise vulnerable or underserved. To determine whether an Eligible School has demonstrated low academic achievement, the Department shall rely on ratings prepared by the State and/or the District. The Department may determine the amount of each Student Success Grant, up to a maximum amount of $1 million per fiscal year. In addition to other uses consistent with this Section 16.131, a Student Success Grant may fund the Eligible School’s staffing costs associated with administering the programs funded by the grant, including the Eligible School’s Community School Coordinator. The Department may develop a process for working with Eligible Schools to determine alternative programs for the use of grant funds where the Department finds that the Eligible School’s initial proposal does not align with the Department’s criteria.
(3) Technical Assistance Grants: If the Department determines that an Eligible School does not have the organizational capacity to implement a community school model in the next fiscal year, the Department may award that Eligible School a Technical Assistance Grant, which shall be a grant to provide technical assistance to prepare and assist a school community and its School Site Council to gain the skills and capacity to apply for additional grants in future fiscal years.
(4) District Innovation Grants: The Department may also provide grants to the District if the District applies for funding to plan or implement innovative programs designed to enhance student achievement or social/emotional wellness at an Eligible School or group of Eligible Schools. Such programs may but need not be pilot programs. The Department may determine the amount of each District Innovation Grant based on criteria adopted by the Department, or by the Board of Supervisors by ordinance. Any such criteria shall prioritize programs in Eligible Schools demonstrating low academic achievement and/or with a high number of vulnerable students, including but not limited to English language learners, foster youth, students eligible for free or reduced-price meals, homeless students, and students who are otherwise vulnerable or underserved.
(5) Restrictions on Uses of Student Success Grants and Technical Assistance Grants: Eligible Schools may not use Student Success Grants or Technical Assistance Grants to pay for the Eligible School’s or the District’s costs to provide Core Staffing.
(6) School District Coordinator: Notwithstanding any other provisions in this subsection (e), the Department shall not issue any grants to Eligible Schools or the District unless the District has at least one full-time employee or full-time employee equivalent dedicated to managing and coordinating the community school framework District-wide, and providing training and support for each Eligible School’s Community School Coordinator; or unless the District is in the process of selecting and hiring a full-time employee to perform those functions.
(7) Outcomes and Goal Measurement: The Department, in consultation with the District, shall establish clearly defined goals and measurable outcomes for each grant and for the interventions and programs supported by the Fund overall. The Department, in consultation with the District, also shall establish a report structure and template for Eligible Schools, the District, and the Department to evaluate the effectiveness of those interventions and programs. The Department’s compliance standards and evaluations for Eligible Schools shall complement and align with those of existing evaluation structures, such as, but not limited to, quality practices of the San Francisco Beacon Initiative, 21st Century Community Learning Centers Program, and ExCel After School Programs, and any new similar out-of-school programs that the District may implement over time.
(8) Ordinances: The Board of Supervisors may enact ordinances setting forth additional criteria, restrictions, procedures, or guidelines, including but not limited to additional permissible or prohibited uses of grant funds.
(f) Uses of the Fund for Administration by City Departments and the District. The City may appropriate up to 3.5% of the monies appropriated from the Fund each fiscal year to City departments to implement this Section 16.131
and administer the grant programs. Additionally, the District may retain up to 3.5% of each Student Success Grant or Technical Assistance Grant to cover the District’s expenses to comply with the administrative, implementation, and reporting requirements in this Section 16.131
.
(g) Reports. As a condition of each grant provided under this Section 16.131
, the Department shall require the District and Eligible School to provide the Department with data documenting the student outcomes, both academic and social/emotional, of the programs funded by the grants, to the extent permitted by State and federal law. Based on this data and other information available to the Department, the Department shall regularly assess the outcomes of the grant programs to evaluate how they are serving students, communities, and schools to meet the goals of improving student academic and social/emotional wellness outcomes. Each year by no later than May 1, the Department shall submit to the Mayor and the Board of Supervisors a report covering the prior calendar year and providing information about the uses of grants awarded under the Fund and data regarding outcomes from the grant funding.
(h) Expiration. This Section 16.131 shall expire by operation of law on December 31, 2038, following which the City Attorney may cause it to be removed from the Charter unless the Section is extended by the voters.
(Added by Proposition G, Approved 11/8/2022; amended by Proposition J, Approved 11/5/2024)
Loading...