Bill Text: CA AB2384 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Schoolsite councils.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-19 - Vetoed by Governor. [AB2384 Detail]
Download: California-2013-AB2384-Amended.html
Bill Title: Schoolsite councils.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-19 - Vetoed by Governor. [AB2384 Detail]
Download: California-2013-AB2384-Amended.html
BILL NUMBER: AB 2384 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Bradford
FEBRUARY 21, 2014
An act to amend Sections 52852 and 52853
add Chapter 11.5 (commencing with Section 52780) to Part 28 of
Division 4 of Title 2 of, and to repeal Chapter 12 (commencing with
Section 52800) of Part 28 of Division 4 of Title 2 of ,
the Education Code, relating to school plans.
schoolsite councils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2384, as amended, Bradford. School plans: schoolsite
Schoolsite councils.
Under existing law, the School-Based Program Coordination Act,
which is applicable only to school districts and schools that
participate in school-based coordinated categorical programs, is
established to provide flexibility to coordinate categorical funds.
The act requires a school that participates in school-based program
coordination to establish a schoolsite council, and requires the
schoolsite council to establish a school plan that includes, among
other things, curricula, instructional strategies, and materials
responsive to the individual needs and learning styles of each pupil,
and proposed expenditure of funds received through various
categorical programs.
Existing law, enacted in 2013, revised provisions of the public
school financing system, and requires state funding for schools to be
calculated pursuant to a local control funding formula, and
authorizes local educational agencies to expend for any local
educational purpose funds previously required to be spent for various
categorical education programs. Existing law requires the governing
board of each school district to adopt a local control and
accountability plan that includes, among other things, a description
of the annual goals to be achieved for each of the state priorities
identified pursuant to specified provisions.
This bill would repeal the School-Based Program Coordination Act,
and would instead authorize any school to establish a schoolsite
council. The bill would specify that schoolsite councils operating
pursuant to the School-Based Program Coordination Act may continue in
existence and operate pursuant to the bill's provisions. The bill
would enact provisions relating to the functions, composition, and
duties of a schoolsite council that are similar, but not identical,
to the provisions in the School-Based Program Coordination Act.
(1) Existing law requires a schoolsite council to be established
at a school that participates in school-based program coordination.
Existing law requires the council to be composed of the principal and
representatives of teachers, other school personnel, parents, and in
secondary schools, pupils, as specified.
This bill would add representatives of members of the community
focused on education and representatives of local service providers
working at the schoolsite, selected by the principal or the other
members the schoolsite council, to a schoolsite council. The bill
would authorize the schoolsite council or the governing board of the
school district to expand the composition of a schoolsite council
based on the operational structure of the school. The bill would
require the governing board of the school district to set term limits
for members of a schoolsite council, except for the principal.
(2) Existing law requires, at the elementary level, a schoolsite
council to be constituted to ensure parity between (A) the principal,
classroom teachers, and other school personnel and (B) parents or
other community members selected by parents, and, at the secondary
level, existing law requires a schoolsite council to be constituted
to ensure parity between (A) the principal, classroom teachers, and
other school personnel and (B) parents, or other community members
selected by parents, and pupils.
This bill would remove community members from the parity
calculations.
(3) Existing law provides that an employee of a school who is also
a parent or guardian of a pupil who attends a school other than the
school of the parent's or guardian's employment, is not disqualified
by virtue of this employment from serving as a parent representative
on the schoolsite council established for the school that his or her
child or ward attends.
This bill would prohibit an employee of a school who is also a
parent or guardian of a pupil who attends a school from serving as a
member of the schoolsite council at the school that the employee's
child or ward attends. The bill would authorize the employee to serve
on a schoolsite council at another school.
(4) Existing law requires a schoolsite council to develop a school
plan that includes, among other things, instructional and auxiliary
services to meet the special needs of non-English-speaking or
limited-English-speaking pupils, including instruction in a language
these pupils understand, educationally disadvantaged pupils, gifted
and talented pupils, and pupils with exceptional needs.
This bill would, among other things, add low-income pupils and
pupils in foster care to that list. The bill would require the school
plan to also include mechanisms to ensure that the objectives in the
school district's local control and accountability plan are being
adhered to. The bill would also require the governing board of a
school district to ensure that schoolsite council members receive
adequate training to implement the objectives contained in the school
district's local control and accountability plan and existing
provisions of law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 11.5 (commencing with Section
52780) is added to Part 28 of Division 4 of Title 2 of the
Education Code , to read:
CHAPTER 11.5. SCHOOLSITE COUNCILS
52780. Parent advisory committees and schoolsite councils
operating pursuant to Chapter 12 (commencing with Section 52800), as
that chapter existed on January 1, 2014, may continue in existence in
accordance with the provisions of this chapter.
52781. (a) A schoolsite council may be established at any school
in accordance with this chapter. A schoolsite council shall include,
but is not limited to, representatives from the following groups:
(1) Teachers, to be selected by teachers at the school.
(2) School employees other than teachers, to be selected by
nonteaching school employees at the school.
(3) Parents of pupils attending the school, to be selected by
parents of pupils at the school.
(4) Community organizations that have a preexisting working
relationship with the schoolsite, that participate at the schoolsite,
and that are focused on the educational outcomes of the school, to
be selected by the principal and other schoolsite council members
selected pursuant to this section.
(5) In secondary schools, pupils, to be selected by pupils
attending the school.
(b) The schoolsite council or the governing board of the school
district may expand the composition of a schoolsite council based on
the operational structure of the school, in accordance with the
following:
(1) For an elementary school, the schoolsite council shall be
composed to ensure parity between the following two groups:
(A) The principal, classroom teachers, and other school employees.
Classroom teachers shall comprise the majority of persons from this
group. To the extent possible, the school shall ensure that at least
one classified employee is part of this group.
(B) Parents.
(2) For a secondary school, the schoolsite council shall be
composed to ensure parity between the following two groups:
(A) The principal, classroom teachers, and other school employees.
Classroom teachers shall comprise the majority of persons from this
group. To the extent possible, the school shall ensure that at least
one classified employee is part of this group.
(B) An equal number of parents and pupils. To the extent possible,
the school shall ensure that socioeconomically disadvantaged pupils,
foster youth, and English learners are represented on the schoolsite
council.
(c) Members selected pursuant to paragraph (4) of subdivision (a)
shall not be included for purposes of ensuring parity pursuant to
paragraphs (1) and (2) of subdivision (b).
52782. A schoolwide advisory group or a school support group may
also be used as a schoolsite council, in accordance with the
provisions of this chapter.
52783. The Superintendent shall provide several examples of
selection and replacement procedures that may be considered by
schoolsite councils.
52784. The governing board of a school district shall set term
limits for schoolsite council members other than the principal.
52785. A schoolsite council shall maximize public input and other
means of advancing a democratic process.
52786. A school employee who is also a parent or guardian of a
pupil who attends another school in the school district may serve on
the schoolsite council of the school of his or her employment as a
teacher or other school employee representative. The school employee
may also serve on the schoolsite council of the school that his or
her child or ward attends as a parent representative.
52787. (a) A school district operating a schoolsite council shall
provide training to members of the schoolsite council on both of the
following:
(1) Budget and funding.
(2) Implementing the objectives contained in the school district's
local control and accountability plan and other laws.
(b) The school district shall also provide information on the
schoolsite council selection process to the general public.
52788. (a) A schoolsite council shall develop a school plan that
includes, but is not limited to, all of the following:
(1) Curricula, instructional strategies, and materials that
address the individual needs and learning styles of each pupil.
(2) Instructional and auxiliary services to meet the special needs
of the following pupils:
(A) Pupils of limited English proficiency, including instruction
in a language these pupils understand.
(B) Educationally disadvantaged pupils.
(C) Pupils eligible for free or reduced-price meals.
(D) Foster youth.
(E) Gifted and talented pupils.
(F) Pupils with exceptional needs.
(3) (A) A staff development program for teachers, other school
employees, paraprofessionals, and volunteers, including those
participating in special programs. Staff development programs may
include the use of program guidelines that have been developed by the
Superintendent for specific learning disabilities, including
dyslexia, and other related disorders.
(B) The strategies included in the guidelines and instructional
materials that focus on successful approaches for working with pupils
who have been exposed to drugs or alcohol prenatally, suffered
trauma, as well as other at-risk pupils, may also be provided to
teachers.
(4) Ongoing evaluation of the educational program of the school.
(5) Other activities and objectives, as established by the
schoolsite council.
(6) The proposed expenditure of funds available to the school,
including, but not limited to, salary and staff benefits, and funds
available to the school through federal programs, including, but not
limited to, the federal Improving America's Schools Act of 1994 (20
U.S.C. Sec. 6301 et seq.).
(7) Mechanisms to ensure that the objectives in the school
district's local control and accountability plan are being met.
(b) The schoolsite council shall annually review the school plan,
establish a new budget, and, if necessary, make other modifications
in the school plan to reflect changing needs and priorities.
52789. The governing board of the school district shall review
and approve or disapprove school plans. A school plan shall not be
approved unless it was developed and recommended by the schoolsite
council. If a plan is not approved by the governing board of the
school district, specific reasons for that action shall be
communicated to the schoolsite council. Modifications to any school
plan shall be developed, recommended, and approved or disapproved in
the same manner.
SEC. 2. Chapter 12 (commencing with Section 52800)
of Part 28 of Division 4 of Title 2 of the Education Code
is repealed.
SECTION 1. Section 52852 of the Education Code
is amended to read:
52852. (a) A schoolsite council shall be established at each
school that participates in school-based program coordination. The
council shall, at a minimum, be composed of the principal and
representatives of the following:
(1) Teachers selected by teachers at the school, other school
personnel selected by other school personnel at the school, parents
of pupils attending the school selected by the parents, and, in
secondary schools, pupils selected by pupils attending the school.
(2) Community members focused on education and local service
providers working at the schoolsite selected by the principal or the
schoolsite council members selected pursuant to paragraph (1).
(b) The schoolsite council or the governing board of the school
district may expand the composition of a schoolsite council based on
the operational structure of the school.
(c) (1) At the elementary level the schoolsite council shall be
constituted to ensure parity between: (A) the principal, classroom
teachers, and other school personnel; and (B) parents. Members
selected pursuant to paragraph (2) of subdivision (a) shall not be
included in the parity calculation.
(2) At the secondary level the schoolsite council shall be
constituted to ensure parity between: (A) the principal, classroom
teachers, and other school personnel; and (B) equal numbers of
parents and pupils. Members selected pursuant to paragraph (2) of
subdivision (a) shall not be included in the parity calculation.
(3) At both the elementary and secondary levels, classroom
teachers shall comprise the majority of persons represented under
category (A).
(d) Existing schoolwide advisory groups or school support groups
may be utilized as the schoolsite council if those groups conform to
this section.
(e) The Superintendent shall provide several examples of selection
and replacement procedures that may be considered by schoolsite
councils.
(f) (1) An employee of a school who is also a parent or guardian
of a pupil who attends a school other than the school of the parent's
or guardian's employment, is not disqualified by virtue of this
employment from serving as a parent representative on the schoolsite
council established for the school that the employee's child or ward
attends.
(2) An employee of a school who is also a parent or guardian of a
pupil who attends a school shall not serve as a member of the
schoolsite council at the school that the employee's child or ward
attends. The employee may serve as a schoolsite council member at a
school other than the one that his or her child attends.
(g) Except for the principal, the governing board of the school
district shall set term limits for schoolsite council members.
SEC. 2. Section 52853 of the Education Code is
amended to read:
52853. (a) A schoolsite council shall develop a school plan that
shall include all of the following:
(1) Curricula, instructional strategies, and materials responsive
to the individual needs and learning styles of each pupil.
(2) Instructional and auxiliary services to meet the special needs
of non-English-speaking or limited-English-speaking pupils,
including instruction in a language these pupils understand,
educationally disadvantaged pupils, low-income pupils, pupils in
foster care, gifted and talented pupils, and pupils with exceptional
needs.
(3) A staff development program for teachers, other school
personnel, paraprofessionals, and volunteers, including those
participating in special programs. Staff development programs may
include the use of program guidelines that have been developed by the
Superintendent for specific learning disabilities, including
dyslexia, and other related disorders. The strategies included in the
guidelines and instructional materials that focus on successful
approaches for working with pupils who have been prenatally substance
exposed, suffered trauma, as well as other at-risk pupils, may also
be provided to teachers.
(4) Ongoing evaluation of the educational program of the school.
(5) Other activities and objectives as established by the
schoolsite council.
(6) The proposed expenditures of funds available to the school
through the programs described in Section 52851. For purposes of this
subdivision, proposed expenditures of funds available to the school
through the programs described in Section 52851 shall include, but
not be limited to, salaries and staff benefits for persons providing
services for those programs.
(7) The proposed expenditure of funds available to the school
through the federal Improving America's Schools Act of 1994 (IASA)
(20 U.S.C. Sec. 6301 et seq.) and its amendments. If the school
operates a state-approved schoolwide program pursuant to Section 6314
of Title 20 of the United States Code in a manner consistent with
the expenditure of funds available to the school pursuant to Section
52851, employees of the schoolwide program may be deemed funded by a
single cost objective.
(8) (A) Mechanisms to ensure that the objectives in the school
district's local control and accountability plan are being adhered
to.
(B) The governing board of a school district shall ensure that
schoolsite council members receive adequate training to implement the
objectives contained in the school district's local control and
accountability plan and existing provisions of law.
(b) The schoolsite council shall annually review the school plan,
establish a new budget, and if necessary, make other modifications in
the plan to reflect changing needs and priorities.
