13265. (Amended by Stats. 2022, Ch. 52, Sec. 101.)

(a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall administer, in collaboration with the State Department of Education, the California Newcomer Education and Well-Being Program (CalNEW) to provide services for newcomer pupils, English learners, and immigrant families. The department shall allocate funding to school districts and county offices of education with significant numbers of newcomer pupils, or a significant population of English learner pupils. Funds allocated under this section shall be used to plan, design, and implement academic and social support services for the purpose of improving pupils’ academic engagement and social and emotional well-being. The department shall have sole discretion to determine which school districts, county offices of education, and services to fund.

(c) For purposes of this section, the following definitions apply:

(1) “English learner” has the same meaning as defined in Section 306 of the Education Code.

(2) “Immigrant families” means families with household members and immediate relatives of pupils in which one or more of the members or relatives are not United States citizens.

(3) “Newcomer pupil” has the same meaning as “immigrant children and youth” as defined in Section 7011(5) of Title 20 of the United States Code.

(d) In accordance with Section 1621(d) of Title 8 of the United States Code, this section provides services for undocumented persons.

(e) The State Department of Education shall, for the duration of the program described in this section, cooperate with the department to provide all data, data systems, and source code requested to the department for the purpose of effectively operating this program.

(f) Notwithstanding any other law:

(1) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.

(2) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.

(g) Funds appropriated for this purpose in the annual Budget Act shall be available for encumbrance or expenditure for two fiscal years and liquidation for another three fiscal years.