State Legislative Bill Update
October 1, 2016
Teacher Credentials, Evaluation & Employee Relations
AB 1918 (O’Donnell)
Teacher Credentialing: Temporary Certificates
1) Allows county offices of education to issue temporary certificates for out-of state credential holders whose credential applications are being processed by the CTC.
2) Provides that a school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the CTC.
3) Authorizes county offices of education to issue temporary certificates for certified employees of nonpublic schools whose credential applications are being processed by the CTC, under the same conditions as those issued for employees of school districts, as specified. Requires that, prior to issuing a temporary certificate, county offices of education obtain a certificate of clearance for the individual from the CTC.
4) Requires the CTC to honor requests from the CDE to expedite the processing of teacher credentialing applications o n behalf of employees at nonpublic schools to the same degree the CTC handles requests from another employing agency.
5) Requires the CDE to recognize the authority of all teacher permits, credentials, and certificates issued by the CTC or a county or city and county board of education.
Provides that the bill’s provisions shall become inoperative on July 1, 2024.
Status: Signed by the Governor.
AB 2197 (Garcia)
Unemployment Insurance: Classified Employees
This bill allows employees of a public school who are not teachers, researchers, or administrators to be eligible for UI benefits in the period between two academic years on the following schedule:
1) Two weeks of benefits during 2017, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
2) Four weeks of benefits during 2018, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
3) Six weeks of benefits during 2019, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
4) Eight weeks of benefits during 2020, and each year thereafter, beginning July 1, provided that funds are appropriated for that purpose in the annual Budget Act.
Status: Governor Brown vetoed AB 2197 with the following message, “This bill allows classified school employees to collect unemployment insurance benefits between school years. This bill creates several conformity issues with the federal Unemployment Insurance laws, which could result in sanctions from the federal government, including the loss of significant tax credits for California’s employers.”
AB 2248 (Holden)
Teacher Credentialing: English Learner Authorizations
This bill requires the CTC to issue authorizations to teach English learners in a primary language to out-of-state teachers who are applying for a preliminary or clear teaching credential, and who hold valid out-of-state credentials or certificates that authorizes the equivalent instruction of English learners.
Status: Signed by the Governor
AB 2393 (Campos)
School Employees: Sick Leave
This bill conforms the provisions of existing law that provide differential pay to certificated school employees to classified employees and community college faculty. Specifically, this bill:
1) Specifies that a classified employee or community college instructor may use his or her sick leave for up to 12 weeks of parental leave, during each school year,
2) Specifies when a classified employee or community college instructor has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave the amount deducted from the salary due him or her for any of the remaining portion of the 12 week period in which the absence occurs shall not exceed the sum that is actually paid a substitute or temporary employee employed to fill his or her position during his or her absence.
3) Specifies that in school or community college districts that use the differential pay system, as specified, an employee on parental leave who has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent shall be compensated at no less than 50% of his or her regular salary for the remaining portion of the 12 week period , as specified.
4) Specifies the 12- workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period parental leave.
5) Specifies an employee shall not be provided more than one 12- week period for parental leave during any 12-month period.
6) Requires that the parental leave taken pursuant to the bill’s provisions run concurrently with parental leave taken pursuant to the California Family Rights Act (CFRA) and that the aggregate amount of parental leave taken under either of these provisions cannot exceed 12 workweeks in a 12- month period.
7) Specifies that these provisions are applicable whether or not the absence from duty is for a leave of absence granted by the governing board of the school or community college district.
8) Specifies that notwithstanding the requirements of the CFRA, an employee is not required to have 1,250 hours of service with the employer during the previous 12 – month period in order to take parental leave pursuant to this bill’s provisions.
9) Specifies that nothing in these provisions shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement that provides greater parental leave rights to employees than the rights established by this bill.
10) Defines “parental leave” as leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee.
11) Conforms provisions of existing law that require certificated school employees on parental leave to receive differential pay to the above requirements.
Status: Signed by the Governor.
AB 2826 (Weber)
Teachers: Evaluation and Assessment
AB 2826 specifies additional measures of pupil progress, instructional techniques and strategies, and adherence to curricular objectives that school districts may use for purposes of teacher evaluation.
1) Provides that, for purposes of teacher evaluation, the following phrases may include, but not be limited to, the following:
a) “Progress of pupils,” in addition to local and state criterion-referenced evidence, as specified, may include the following multiple measures:
⎫ Formative or summative criterion-referenced assessments measuring progress of pupils towards local or state-adopted academic content standards;
⎫ School district, school, or department-developed assessments;
⎫ Curriculum-based and end-of-course assessments;
⎫ Pretest and posttest data;
⎫ Interim, periodic, benchmark, and formative assessments;
⎫ English language proficiency assessments;
⎫ Assessments measuring progress in an individualized education program;
⎫ Advanced placement, International Baccalaureate, and college preparedness examinations;
⎫ A-G coursework completion;
⎫ Industry-recognized career technical education assessments and program completion;
⎫ Portfolios of pupils’ work, projects, and performances redacted of personally identifiable pupil information;
⎫ Surveys from parents, if approved in advance by the certificated employee;
⎫ Surveys from pupils, if approved in advance by the certificated employee;
⎫ Written reports from classroom observations; and
⎫ Progress on outcomes described in the local control and accountability plan (LCAP).
b) “Instructional techniques and strategies” may include the following:
⎫ Engaging and supporting all pupils in learning;
⎫ Planning instruction and designing learning experiences for all pupils; and
⎫ Using pupil assessment information to inform instruction and improve learning.
c) “Adherence to curricular objectives” may include:
⎫ Understanding and organizing subject matter for pupil learning; and
⎫ Developing as a professional educator.
2) Provides that the Legislature encourages school districts to utilize these options for purposes of teacher evaluation.
3) Provides that these provisions shall not be construed as to require the State
Board of Education to revise the guidelines developed pursuant to existing law.
4) Provides that these provisions shall not be construed as in any way limiting the authority of school district governing boards to develop and adopt additional evaluation and assessment guidelines or criteria or to limit the rights of certificated employees or their exclusive representative to bargain procedures to be used for the evaluation of employees or other terms and conditions of employment pursuant.
Status: Governor Brown vetoed AB 2826 with the following message; “This bill sets forth 20 separate measures that school districts may voluntarily use for teacher evaluation. I don’t believe that this list of particular measures will materially change current teacher evaluations in California.”
School Accountability, Annual Budgets & Public Records
AB 2548 (Weber)
School Accountability: Control and Accountability
AB 2548 requires the SBE to adopt a statewide accountability system aligned to state and federal accountability requirements. Specifically, this bill:
1) Requires the accountability system to:
a) Be a single, integrated system that aligns local, state, and federal accountability requirements;
b) Satisfy the requirements of the federal Every Student Succeed Act (ESSA);
c) Align California’s local control framework with the need to identify, support, and improve California’s highest need schools; and
d) Rely upon data from key indicators adopted by the SBE pursuant to the SBE- adopted evaluation rubrics.
2) Requires the SBE, with regard to developing the statewide accountability system, to rely upon data from key indicators established pursuant to the evaluation rubrics adopted by the SBE. Requires, at a minimum, the key indicators to include all of the following:
a) For elementary and middle schools, a measure of: pupil achievement in at least English language arts, mathematics, and science; academic growth; progress toward English proficiency; chronic absenteeism; school climate.
b) For high schools, a measure of: pupil achievement in at least English language arts, mathematics, and science; graduation rates; progress toward English proficiency; college and career readiness; chronic absenteeism; and school climate.
c) Requires substantial weight and, in aggregate, much greater weight, to be given to the measure of: pupil achievement in English language arts (ELA), math and science; academic growth and progress towards English proficiency.
3) Requires, in identifying appropriate assistance for a school or local educational agency (LEA), the California Collaborative for Educational Excellence (CCEE) and the county superintendents of schools to analyze data aligned with all the state priorities in order to align the level of support, collaboration, and intervention to the needs of the LEA or individual school or schools.
4) Requires the accountability system to ensure the creation of a data and reporting system that provides meaningful and accessible information on school and school district performance that is displayed through an electronic platform. Parents and the public must have the ability to easily access, compare, analyze, and summarize school reports, pupil performance results, and the progress made by schools and school districts in reaching all of the state’s priority areas for purposes of local control and accountability plans and the local control funding formula.
5) Requires notifications of stakeholder engagement, school support, and improvement activities to be translated in the top five languages as identified by the CDE.
6) States the intent of the Legislature that, to the extent required by state and federal law, the information on school, school district, and subgroup performance be made available in the top five languages as identified by the CDE.
Status: AB 2548 was vetoed by the Governor with the following message, “This bill would impose new requirements for the public school accountability system that the State Board of Education has already developed. The Board has spent more than two years listening to parents, students, teachers, school leaders and the public in order to create a thoughtful and integrated federal, state and local accountability system based on the Local Control Funding Formula. On September 8, 2016, the Board adopted the Local Control Funding Formula indicators which serve as the foundation of the new accountability system. The Board is committed to continuously improving the system and has an annual review process in place for just that reason. It is unnecessary and premature to impose additional requirements at this time.”
AB 2853 (Gatto)
School Districts: Public Records
AB 2853 authorizes a public agency that posts a public record on its Internet Web site to refer a member of the public that requests to inspect the public record to the public agency’s Internet Web site where the public record is posted. This bill requires, if a member of the public requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified.
Status: Signed by the Governor.
Curriculum & Testing
AB 575 (O’Donnell)
Instructional Materials: Follow Up Adoptions
AB 575 would re-establish a fee supported process for the follow up adoption of instructional materials.
Specifically, this bill:
1) Provides that a follow up adoption is any adoption other than the primary adoption that occurs within the existing eight-year cycle.
2) Requires the California Department of Education (CDE), before conducting a follow up adoption in a given subject area, to post an appropriate notice on its Web site and notify all publishers or manufacturers known to produce basic instructional materials in that subject area.
3) Requires the notice to specify that each publisher or manufacturer choosing to participate in the follow up adoption be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program.
4) Requires the fee to offset the cost of conducting the follow up adoption process and reflect the CDE’s best estimate of the cost. This bill requires the CDE to take reasonable steps to limit costs of the follow up adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated.
5) Requires the CDE, before incurring substantial costs for the follow up adoption, to require that a publisher or manufacturer who wishes to participate in the follow up adoption first declare the intent to submit one or more specific programs for the follow up adoption and specify the specific grade levels to be covered by each program.
6) Requires the CDE, after a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, to assess a fee.
7) Requires the CDE, if it determines that there is little or no interest by publishers and manufacturers in participating in a follow up adoption, to recommend to the SBE that the follow up adoption not be conducted and authorizes the SBE to choose not to conduct the follow up adoption.
8) Requires the fee to be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered.
9) Prohibits a submission from being reviewed for purposes of adoption, either in a follow up adoption or in any other primary or follow up adoption conducted thereafter, until the fee assessed has been paid in full.
10) States legislative intent that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a follow up adoption.
11) Authorizes the SBE, upon the request of a small publisher or manufacturer, to reduce the fee for participation in the follow up adoption.
12) Defines “small publisher” and “small manufacturer” as an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of $10 million or less over the previous three years.
13) Requires revenue derived from fees to be budgeted as reimbursements and subject to review through the annual budget process and authorizes the fees to be used to pay costs associated with any adoption and any costs associated with the review of instructional materials.
14) Modifies existing provisions regarding the submission of instructional materials from every eight years to at least once but not more than twice every eight years.
15) Sunsets the provisions of this bill on January 1, 2024.
Status: Signed by the Governor.
AB 2546 (Calderon)
History‑Social Science Curriculum: Financial Literacy
1) Requires the IQC, when the history-social science framework is revised after
January 1, 2017, to consider including age-appropriate information on financial literacy that includes, but is not limited to, all of the following:
a) Fundamentals of banking for personal use, including savings and checking.
b) Principles of budgeting and personal finance.
c) Employment and understanding factors that affect net income.
d) Uses and costs of credit, including the relation of debt and interest to credit.
e) Uses and costs of loans, including student loans.
f) Types and costs of insurance.
g) Forms of governmental taxation.
h) Principles of investing and building wealth.
i) Identity theft and security.
j) Planning and paying for postsecondary education.
k) Charitable giving.
2) Requires the IQC to consider including information on financial literacy at least twice in each of the following grade spans:
a) Kindergarten to grade 5.
b) Grades 6 to 8.
c) Grades 9 to 12.
Status: Signed by the Governor.
AB 2862 (O’Donnell)
Visual and Performing Arts: Revision of Content
AB 2682 requires the SPI, in consultation with the IQC, to recommend to the SBE revisions to the world language content standards that were adopted by the SBE in the subjects of dance, theater, music, and visual arts.
More specifically, the bill requires:
1) The SPI, by November 30, 2018, to present to the SBE the revised visual and performing arts standards, based on the work of the group of experts, conducted in consultation with the IQC.
2) The SBE, by January 31, 2019, to adopt, reject, or modify and revisions recommended by the SPI.
3) The SPI, in consultation with the IQC and the SBE, to select a group of experts in visual and performing arts for purposes of assisting the SPI in developing recommendations for revisions to the standards. This bill requires a majority of this group of experts to be current public school elementary or secondary classroom teachers who have a valid California professional teaching credential.
4) The National Core Arts Standards in the subjects of dance, theater, music, and visual arts, developed by the National Coalition for Core Arts Standards, to serve as the basis for deliberations regarding revisions to the visual and performing arts content standards.
5) The SPI, in consultation with the IQC, to hold a minimum of two public hearings in order for the public to provide input on the recommended revisions, and requires the SBE to adopt, reject, or modify those recommendations at a subsequent public meeting.
6) The SBE, if it modifies any revisions recommended to these content standards, to explain in writing to the Governor and the Legislature the reasons for modifying the recommended revised content standards. If the SBE modifies the visual and performing arts standards recommended by the SPI, in a meeting conducted pursuant to the Bagley-Keene Open Meeting Act, provide written reasons for its revisions. This bill prohibits the SBE from adopting revised standards at the same meeting it provides its written reasons, but must adopt the revisions at a subsequent meeting conducted no later than March 31, 2019. If the SBE rejects the visual and performing arts standards recommended by the SPI, to transmit to the SPI, the Governor, and the appropriate policy and fiscal committees of the Legislature a specific written explanation of the reasons for the rejection of the standards presented by the SPI.
Status: Signed by the Governor.
AB 2246 (O’Donnell)
Pupil Suicide Prevention Policies
Requires the governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12. The policy shall be developed in consultation with school and community stakeholders, school-employed mental health professionals, and suicide prevention experts, and shall, at a minimum, address procedures relating to suicide prevention, intervention, and post-vention.
The policy shall specifically address the needs of high-risk groups, including, but not limited to, all of the following:
1) Youth bereaved by suicide.
2) Youth with disabilities, mental illness, or substance use disorders.
3) Youth experiencing homelessness or in out-of-home settings, such as foster care.
4) Lesbian, gay, bisexual, transgender, or questioning youth.
The policy shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on suicide awareness and prevention. Materials approved by a LEA for training shall include how to identify appropriate mental health services, both within the schoolsite and also within the larger community, and when and how to refer youth and their families to those services. Materials approved for training may also include programs that can be completed through self-review of suitable suicide prevention materials.
The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee’s credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so.
To assist LEAs in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies.
Status: Signed by the Governor.
AB 2536 (Chau)
Pupil Discipline and Safety: Cyber Sexual Bullying
1) Adds an act of cyber sexual bullying to the definition of “electronic act” in reference to bullying, thereby authorizing schools to suspend or recommend for expulsion a student who commits an act of cyber sexual bullying.
2) Defines “cyber sexual bullying” as the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a student to another student or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in the existing definition of “bullying” (acts that have the effect of placing a student in fear of harm, causing a detrimental effect on health, and causing interference with academics or the ability to participate in or benefit from school activities). This definition requires a photograph or other visual recording to include the depiction of a nude, semi nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
3) Excludes from cyber sexual bullying a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic event athletic events or school -sanctioned activities.
4) Expands the information that the California Department of Education (CDE) is currently required to post on the California Healthy Kids Resource Center Website and other appropriate CDE Web sites to include information on cyber sexual bullying.
5) Requires the CDE to annually inform school districts of the information on the
California Health Kids Resource Center Web site and other appropriate CDE
Web sites where information about cyber sexual bullying is posted. This bill authorizes the CDE to use electronic mail to inform districts.
6) Encourages school districts to inform students regarding the available information and resources on the CDE’s Web site regarding the dangers and consequences of cyber sexual bullying to help reduce the instances of cyber sexual bullying.
7) Includes double-jointing language to avoid chaptering issues with AB 2212
Status: Signed by the Governor.
School Attendance & Residency Requirements
AB 2537 (O’Donnell)
Pupils: School Attendance: Residency Requirements
AB 2537 extends indefinitely the operation of the provision of existing law that authorizes the school district within the boundaries of which a parent or legal guardian of a pupil is physically employed for a minimum of 10 hours during the school week to allow that pupil to attend a school in that school district.
Status: Signed by the Governor.
Special Education & Related Services
AB 2785 (O’Donnell)
Special Education: English Learners: Manual
AB 2785 requires the CDE to develop a manual providing guidance to local educational agencies (LEAs) on identifying and supporting English learners (ELs) with disabilities. Specifically, this bill:
1) Requires, on or before July 1, 2018, the CDE to develop a manual providing guidance to LEAs on identifying, assessing, supporting and reclassifying ELs who may qualify for special education services and pupils with disabilities who may be classified as English learners.
2) Specifies that the goal is to provide guidance for voluntary use by LEAs on evidence-based and promising practices for the identification, assessment, support and reclassification of these students and to promote collaboration as specified, in determining the most appropriate academic placements and services for these students.
3) Requires CDE, in developing the manual, to review manuals produced on this topic by other states, and consult with a stakeholder group comprised of experts and practitioners who have expertise or experience in special education, English learner education, or both.
4) Requires the manual to include all of the following topics:
a) guidance for accurately identifying English learners with disabilities, including guidance on avoiding the over-identification and under-identification of these students
b) information on second language acquisition and progress
c) a sample pre-referral or intervention program
d) guidance on referral processes
e) guidance on the use of assessments, including the use of multiple measures as well as assessment accommodations f or both language and disability
f) guidance on the development of individualized education programs for English learners
g) guidance on how to support the language and content learning needs of English learners with disabilities, including how to do so in inclusive settings
h) information on the role of culture and acculturation
i) guidance for working with families, including guidance on meeting the needs of nonnative English speakers i n special education proceedings
j) a sample plan for continuous evaluation and systemic review, including guidance on tracking effectiveness and sharing information between special education and English learner programs within LEAs, to the extent permitted under state and federal law
k) laws and regulations related to the rights of English learners and pupils with disabilities.
5) Requires that the manual be written for ease of use by educators and that it include graphic organizers and other helpful features such as flowcharts, checklists, sample forms, and case examples.
6) Requires the CDE, with input from the stakeholder group, to develop a plan for dissemination of the manual and providing professional development on the content of the manual. Requires that the plan address how LEAs can collaborate with the CDE in meeting both of these objectives.
7) Requires that the plan be submitted to the State Board of Education (SBE), the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2018.
Status: Signed by the Governor.
SB 123 (Liu)
Report: School‑Based Medi‑Cal Administrative Activities
SB 123 alters the Administrative Claiming process for local educational agencies that conduct school‑based Medi‑Cal program administrative activities. The bill enhances the state-level role by creating an oversight role for the California Department of Education and allows local LEAs to file claims directly with the state Department of Health Care Services rather than file their claim through a regional Local Educational Consortium (LEC) – although the current LEC process would remain in place. The bill also sets up a withholding process that would divert a portion of each LEA’s claim to support the additional costs of the added program responsibilities of the two state agencies that are now managing the program. Requires an annual report on the program and a related interagency agreement or memorandum of understanding. The bill also establishes an advisory workgroup of stakeholders to provide advice on Medi‑Cal services to the two state agencies about the program could be operated more efficiently.
Status: SB 123 was vetoed by the Governor with the following message, “This bill establishes a work group jointly administered by the Departments of Health Care Services and Education to recommend changes to school-based Medi-Cal programs. There is an advisory committee within the Department of Health Care Services whose very purpose is to continuously review and recommend improvements to these programs. Collaboration among the health and education departments and local education groups is very important, but the existing advisory committee is working well and certainly up to the task. Codification in this case is not needed.”
SB 884 (Beall)
Special Education: Mental Health Services
SB 884 would have added a series of new state mandates and reporting requirements regarding student mental health services. The bill was “substantially amended” and has been narrowed to look at how schools are spending their mental health funding through the annual state audit process and the outcome data of students with a mental health service component in their IEP. More specifically, SB 884:
1) Requires funding for mental health services for students with an IEP to be subject to existing state and federal audit requirements, and requires audit procedures be included in the audit guide to review whether this funding was used for its intended purposes in the 2016–17 fiscal year.
2) Requires these audit procedures to be included in future fiscal years if the addition of these procedures is recommended by the State Controller.
3) Requires that if any audit findings are generated through this process, the SPI will ensure that the LEA has either corrected them or has developed a plan of correction.
4) Require the CDE to create a report on its compliance findings and corrective action plans related to the provision of mental health services for pupils with individualized education programs using data the department collects through its verification and comprehensive reviews, including those targeted and any randomly chosen for review. The department shall send this report to the appropriate fiscal and policy committees of the Legislature by June 30, 2017.
5) Require the CDE to create a report on pupil outcomes for pupils receiving mental health services through an individualized education program. The data used to create this report shall already be maintained by the department and shall be reported to the extent permitted under state and federal laws regarding the privacy of pupil information. These outcomes shall include all of the following:
⎫ Graduation rate.
⎫ Dropout rate.
⎫ Statewide assessment results.
⎫ Suspension and expulsion rates.
⎫ Participation in general education classes.
⎫ Postschool outcomes.
The department shall send this report to the appropriate fiscal and policy committees of the Legislature by June 30, 2017.
6) Require the CDE to include a link on the sample procedural safeguards maintained on its Internet Web site to the page on its Internet Web site that lists family empowerment centers. The department shall include this link on all sample procedural safeguard forms for which it maintains translations.
Status: Signed by the Governor.
SB 1113 (Beall)
Pupil Health: Mental Health
SB 1113 would establish a pilot program authorizing local educational agencies (LEAs) to enter into partnerships with county mental health plans for the provision of Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) mental health services. The bill would create the County and Local Educational Agency Partnership Fund in the State Treasury, which would be available, upon appropriation by the Legislature, to the California Department of Education (CDE) for the purpose of funding these partnerships. The bill would require the CDE to fund these partnerships through a competitive grant program.
Status: Governor Brown vetoed SB 1113 stating, “Despite significant funding increases for local educational agencies over the past few years, the Local Control Funding Formula (LCFF) remains only 96 percent funded. Given the precarious balance of the state budget, establishing new programs with the expectation of funding in the future is counterproductive to the Administration’s efforts to sustain a balanced budget and to fully fund the LCFF.
Additional spending to support new programs must be considered in the annual budget process.”
School Facilities, Bonds & Employee Housing
AB 2116 (Gallagher)
School Bonds: Projections of Assessed Property Values
This bill requires a school district or community college district
governing board to consider the county assessor’s projections for property
valuations prior to ordering an election to authorize bonds for school facilities construction related purposes.
Status: Signed by the Governor
AB 2316 (O’Donnell)
School Facilities: Leasing Property
AB 2316 modifies lease-leaseback provisions applicable to school construction projects. The bill:
a) Deletes the authority to let such a contract without advertising for bids.
b) Requires that such a contract be awarded through a competitive process generally based upon existing design build and best value processes with certain exceptions. It:
i) Authorizes a school district request for proposal to include “preconstruction services” defined as advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project.
ii) Authorizes a school district to enter into a lease-leaseback agreement prior to written approval by the Division of the State Architect (DSA) if the instrument provides that no work that requires that a contractor be licensed will be initiated before receipt of statutorily required DSA approvals.
c) Establishes provisions to be retroactively applied to lease-leaseback school construction projects. It:
i) Entitles a contractor to be paid reasonable costs, as specified, if a court invalidates a lease-leaseback instrument entered into prior to July 1, 2015 for a school construction project, if specified conditions (mirroring those outlined in Public Contract Code § 5110) are met.
ii) Prohibits these provisions from affecting any protesting and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affecting any rights to bring a civil action regarding a deficiency or injury related to deficiency in the development or improvement of real property, per specified provisions of the Code of Civil Procedure.
d) Extends prequalification requirements applicable to lease-leaseback under current law from 2019 to 2022.
e) Sunsets all of these provisions on July 1, 2022.
Status: Signed by the Governor.
SB 1029 (Hertzberg)
California Debt and Investment Advisory Commission: accountability reports.
SB 1029 requires state and local government debt issuers to report to the California Debt and Investment Advisory Commission (CDIAC) specified information about proposed and outstanding debt. More specifically, the bill:
1) Requires that a report of proposed debt issuance submitted to CDIAC must include a certification by the issuer that it has adopted local debt policies concerning the use of debt and that the contemplated debt issuance is consistent with those local debt policies. Specifically, this bill requires that a local debt policy must include:
a) The purposes for which the debt proceeds may be used.
b) The types of debt that may be issued.
c) The relationship of the debt to, and integration with, the issuer’s capital improvement program or budget, if applicable.
d) Policy goals related to the issuer are planning goals and objectives.
e) Internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use.
2) Directs that a bond issuer that issues bonds on behalf of another governmental entity may rely upon a certification by that other governmental entity that it has adopted specified debt policies.
3) Requires any state or local government debt issuer to provide an annual report to CDIAC for any issue of debt for which the issuer has submitted a report of final sale on or after January 21, 2017.
4) Requires that the annual report must cover a reporting period from July 1 to
June 30 and must be submitted no later than seven months after the end of the reporting period by any method approved by CDIAC. CDIAC must consult with appropriate state and local debt issuers and organizations representing debt issuers for purposes that include making a proposed reporting method more efficient and less burdensome for issuers.
5) Requires that the annual report must consist of the following information:
a) Debt authorized during the reporting period, which must include:
- Debt authorized at the beginning of the reporting period.
- Debt authorized and issued during the reporting period.
- Debt authorized but not issued at the end of the reporting period.
- Debt authority that has lapsed during the reporting period.
- b) Debt outstanding during the reporting period, which must include:
- Principal balance at the beginning of the reporting period.
- Principal paid during the reporting period.
- Principal outstanding at the end of the reporting period.
c) The use of proceeds of issued debt during the reporting period, which must include:
- Debt proceeds available at the beginning of the reporting period.
- Proceeds spent during the reporting period and the purposes for which it was spent.
- Debt proceeds remaining at the end of the reporting period.
6) Directs that compliance with the annual reporting requirement is required for each issue of debt with outstanding debt, debt that has been authorized but not issued, or both during the reporting period.
7) Expands the statutory list of CDIAC’s responsibilities to include tracking and reporting on all state and local outstanding debt that is not fully repaid or redeemed.
8) Replaces a current statutory requirement that specified information from
CDIAC must be readily available upon request by any public official or any member of the public with a requirement that the information must be “available to the public.”
Status: Signed by the Governor.
SB 1413 (Leno)
School Districts: employee housing
1) Establishes the Teacher Housing Act of 2016 to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and school district employees to allow teachers or school district employees to access and maintain housing stability.
2) Defines “affordable rental housing” as a rental housing development with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, but neither definition is restrictive to only projects with five or more units as required under existing law.
3) Defines “teacher or school district employee” as any person employed by:
a) A unified school district maintaining pre-kindergarten, transitional kindergarten, and grades 1 to 12
b) An elementary school district maintaining pre-kindergarten, transitional kindergarten, and grades 1 to 8
c) A high school district maintaining grades 9 to 12, inclusive of, but not limited to, certificated and classified staff
4) Provides that a school district may establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing. To the extent feasible, the school district may establish and implement programs that, among other things, do the following:
a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources.
b) Promote public and private partnerships.
c) Foster innovative financing opportunities.
d) Dedicate school district-owned land to the development of affordable rental housing and restrict occupancy to teachers and school district employees.
5) Creates, specifically, a state policy supporting housing for teachers and school district employees, pursuant to the IRS code, and permits school districts and developers in receipt of local or state funds designated for affordable rental housing to restrict occupancy to teachers and school district employees on land owned by school districts, so long as that housing does not violate any other applicable laws.
Status: Signed by the Governor.
AB 709 (Gipson)
AB 709 subjects charter schools to a variety of the same open meeting, conflict-of-interest and disclosure laws as traditional school districts, including the Ralph M. Brown Act (Brown Act), the California Public Records Act (CPRA), the Political Reform Act of 1974, and the state’s primary conflict-of-interest provisions—Government Code Section 1090. More specifically, this bill:
1) Provides that a charter school is subject to all of the following:
a) The Brown Act, except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act is subject to that Act regardless of the authorizing entity.
c) Provisions of the Government Code that prohibit government officers or employees from being financially interested in contracts or purchases made by them in their official capacity.
d) The Political Reform Act of 1974. For purposes of Government Code Section 1000, a charter school shall be considered an agency.
2) Provides that an employee of a charter school is not disqualified because of that employment status from also serving as a member of the governing body of the charter school and that such a member shall abstain from voting on, or influencing or attempting to influence another member of the governing body concerning, all matters uniquely affecting his or her own employment.
3) Provides that a public records request made to a charter school that is located on a federally recognized California Indian reservation or Rancheria and the nonprofit public benefit corporation that operates the charter school was formed on or before May 31, 2002, and is currently operated by a federally recognized California Indian Tribe, shall be executed by the chartering authority. In order for the chartering authority to meet the public records request, the charter school shall provide all relevant documentation to the chartering authority for the purpose of meeting the public records request.
4) Specifies the intent of the Legislature to do both of the following:
a) Ensure that charter school governance is transparent.
b) Ensure that monitoring and oversight of charter schools is conducted to protect the public interest.
Status: AB 709 was vetoed with the following message, “This bill requires charter schools to be subject to the Brown Act, Public Records Act, Political Reform Act and Government Code section 1090. In 2014, I vetoed AB 913, a virtually identical bill. My reasons then were: Starting a charter school requires the strong commitment of dedicated individuals willing to serve on a governing board. While I support transparency, this bill goes further than simply addressing issues of potential conflicts of interest and goes too far in prescribing how these boards must operate. That’s still my view.”
SB 739 (Pavley)
Charter Schools: sited outside boundaries: prohibitions
Existing law allows a charter school to locate a facility in a school district other than the one it is authorized by under a very limited number of circumstances.
SB 739 prohibits the governing board of a school district from authorizing a new charter school to locate outside the boundaries of the school district if the school district is assigned a negative certification.
Status: Governor Brown vetoed SB 739 with the following message, “This bill would prohibit a school district that has a negative budget certification from authorizing a charter school to operate outside of their attendance boundaries. This bill attempts to address an issue, currently being reviewed by the State Auditor, whereby school districts authorize multiple charter schools outside of district boundaries to collect oversite fees. Let’s review the audit when it’s released next spring to better determine the scope of the issue and what, if any, policy changes are necessary.”