Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1489

Introduced by Assembly Member Rodriguez

February 19, 2021

An act to amend Section 52062 of the Education Code, relating to school accountability.


LEGISLATIVE COUNSEL'S DIGEST


AB 1489, as amended, Rodriguez. Local control and accountability plans: schoolsite councils.
Existing law requires the governing board of each school district and county board of education to adopt a local control and accountability plan and to update its respective local control and accountability plan before July 1 of each year. Existing law requires the governing board of a school district, before considering to adopt the the adoption of a plan or an annual update to the plan in a public meeting, to consult with specified persons in developing the plan, present the plan or annual update to the plan to specified committees, and hold a public hearing, as specified.
This bill would state the intent of the Legislature to enact subsequent legislation that would require a school district to present the plan or annual update to the plan to a schoolsite council, councils, as described, for the schoolsite council to provide feedback and conduct a formal vote and would require a majority of schoolsite councils to vote to approve the plan or annual update to the plan before it is considered for adoption by the governing board of the school district. By imposing new duties on school districts, the bill would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 52062 of the Education Code is amended to read:

52062.
 (a) Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the parent advisory committee established pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3) The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4) The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5) The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6) The superintendent of the school district shall present the local control and accountability plan or the annual update to the local control and accountability plan to the schoolsite councils, as described in Sections 65000 and 65001, within the school district, and a majority of the schoolsite councils shall vote to approve the plan or annual update to the plan.
(b) (1) A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2) A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c) A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact subsequent legislation that would require a school district to present a local control and accountability plan or annual update to a local control and accountability plan to a schoolsite council, as described in Sections 65000 and 65001 of the Education Code, for the schoolsite council to provide feedback and conduct a formal vote to approve the plan or annual update to the plan before it is considered for adoption by the governing board of the school district.