Bill Text: CA AB2384 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2384	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 12, 2014
	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 21, 2014

   An act to  amend Sections 32281, 52852, and 64001 of, and to
 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 schoolsite councils.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2384, as amended, Bradford. Schoolsite councils. 
   Under existing 
    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,  composed of the
school principal, teachers, and other prescribed members,  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   the  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.   add provisions separate from
the School-Based Program Coordination Act that would authorize the
establishment of schoolsite councils by any school, composed as
specified, and subject to prescribed conditions and requirements. The
bill would specify that if any provision of the School-Based Program
Coordination Act conflicts with the provisions that would be added
by the bill, the provisions being added by the bill shall prevail.
The bill would make conforming changes by updating cross-references
and making various nonsubstantive changes. 
   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.    Section 32281 of the  
Education Code   is amended to read: 
   32281.  (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive.
   (b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
former Section 52012, as it existed before July 1, 2005, or Section
 52781 or  52852 shall write and develop a comprehensive
school safety plan relevant to the needs and resources of that
particular school.
   (2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
   (A) The principal or the principal's designee.
   (B) One teacher who is a representative of the recognized
certificated employee organization.
   (C) One parent whose child attends the school.
   (D) One classified employee who is a representative of the
recognized classified employee organization.
   (E) Other members, if desired.
   (3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
   (4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.

   (c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
   (d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
   (2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
   (e) (1) When a principal or his or her designee verifies through
local law enforcement officials that a report has been filed of the
occurrence of a violent crime on the schoolsite of an elementary or
secondary school at which he or she is the principal, the principal
or the principal's designee may send to each pupil's parent or legal
guardian and each school employee a written notice of the occurrence
and general nature of the crime. If the principal or his or her
designee chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular work day after the verification. If, at the time
of verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, an act that is considered a "violent crime" shall meet
the definition of Section 67381 and be an act for which a pupil
could or would be expelled pursuant to Section 48915.
   (2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
   (f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law enforcement
officials, elect to not have its schoolsite council develop and write
those portions of its comprehensive school safety plan that include
tactical responses to criminal incidents that may result in death or
serious bodily injury at the schoolsite. The portions of a school
safety plan that include tactical responses to criminal incidents may
be developed by administrators of the school district or county
office of education in consultation with law enforcement officials
and with a representative of an exclusive bargaining unit of
employees of that school district or county office of education, if
he or she chooses to participate. The school district or county
office of education may elect not to disclose those portions of the
comprehensive school safety plan that include tactical responses to
criminal incidents.
   (2) As used in this article, "tactical responses to criminal
incidents" means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.
   (3) Nothing in this subdivision precludes the governing board of a
school district or county office of education from conferring in a
closed session with law enforcement officials pursuant to Section
54957 of the Government Code to approve a tactical response plan
developed in consultation with those officials pursuant to this
subdivision. Any vote to approve the tactical response plan shall be
announced in open session following the closed session.
   (4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.
   SECTION 1.   SEC. 2.   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.  
   52780.  If any provision in Chapter 12 (commencing with Section
52800) conflicts with the provisions of this chapter, the provisions
of this chapter shall prevail. 
   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 attending the school.
   (4) 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) A schoolsite council is encouraged to include participation
from community organizations that participate at the schoolsite and
that are focused on the educational outcomes of the school. Members
of this group shall not be included for purposes of ensuring parity
pursuant to subdivision (b).  A schoolsite council that elects to
include participation from community organizations is not required
to have the community organization members be official voting members
of the council. 
   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 the purpose
and role of the schoolsite council.
   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) Ongoing evaluation of the educational program of the school.
   (4) Other activities and objectives, as established by the
schoolsite council.
   (5) The proposed expenditure of funds available to the school,
including funds available to the school through federal programs.
   (6) Mechanisms to ensure that the objectives in the school
district's local control and accountability plan are being 
met.   met, with specific focus on the local control and
accountability plan goals around school climate, parent engagement,
and pupil engagement. 
   (b) A schoolsite council is encouraged to  develop a
  support  professional development 
program   programs  for teachers, other school
employees, and volunteers.
   (c) 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. 
   SEC. 3.    Section 52852 of the   Education
Code   is amended to read: 
   52852.   A   (a)    
Notwithstanding any other law, a  schoolsite council shall be
established at each school  which   that 
participates in school-based program coordination. The 
schoolsite  council shall be composed of the principal and
representatives of: 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 such
parents; and, in secondary schools, pupils selected by pupils
attending the school. 
   At 
    (b)     (1)     At the
 elementary level the  schoolsite  council shall be
constituted to ensure parity between  (a)   (A)
 the principal, classroom teachers  ,  and other school
personnel; and  (b)   (B)  parents or
other community members selected by parents. 
   At 
    (2)     At the  secondary level the
 schoolsite  council shall be constituted to ensure parity
between  (a)   (A)  the principal,
classroom teachers  ,  and other school personnel; and
 (b)   (B)  equal numbers of parents, or
other community members selected by parents, and pupils. 
   At 
    (3)     At both  the elementary and
secondary levels, classroom teachers shall comprise the majority of
persons represented under  category (a).  
subparagraph (A) of paragraphs (1) and (2).  
   Existing 
    (c)     Existing  schoolwide advisory
groups or school support groups may be utilized as the schoolsite
council if those groups conform to this section. 
   The 
    (d)     The Superintendent  
of Public Instruction  shall provide several examples of
selection and replacement procedures that may be considered by
schoolsite councils. 
   An 
    (e)     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.
   SEC. 4.    Section 64001 of the   Education
Code   is amended to read: 
   64001.  (a)  (1)    Notwithstanding any other
 provision of  law, school districts shall not be
required to submit to the department, as part of the consolidated
application, school plans for categorical programs subject to this
part. School districts shall assure, in the consolidated application,
that the Single Plan for Pupil Achievement established pursuant to
subdivision (d) has been prepared in accordance with law, that
schoolsite councils have developed and approved a plan, to be known
as the Single Plan for Pupil Achievement for schools participating in
programs funded through the consolidated application process, and
any other school program they choose to include, and that school
plans were developed with the review, certification, and advice of
any applicable school advisory committees. The Single Plan for Pupil
Achievement may also be referred to as the Single Plan for Student
Achievement. The consolidated application shall also include
certifications by appropriate district advisory committees that the
application was developed with review and advice of those committees.

   For 
    (2)     For  any consolidated
application that does not include the necessary certifications or
assurances, the department shall initiate an investigation to
determine whether the consolidated application and Single Plan for
Pupil Achievement were developed in accordance with law and with the
involvement of applicable advisory committees and schoolsite
councils.
   (b) Onsite school and district compliance reviews of categorical
programs shall continue, and school plans shall be required and
reviewed as part of these onsite visits and compliance reviews. The
Superintendent shall establish the process and frequency for
conducting reviews of district achievement and compliance with state
and federal categorical program requirements. In addition, the
Superintendent  of Public Instruction  shall
establish the content of these instruments, including any criteria
for differentiating these reviews based on the achievement of pupils,
as demonstrated by the Academic Performance Index developed pursuant
to Section 52052, and evidence of district compliance with state and
federal law. The state board shall review the content of these
instruments for consistency with state board policy.
   (c)  (1)    A school district shall submit
school plans whenever the department requires the plans in order to
effectively administer any categorical program subject to this part.
The department may require submission of the school plan for any
school that is the specific subject of a complaint involving any
categorical program or service subject to this part. 
   The 
    (2)     The  department may require a
school district to submit other data or information as may be
necessary for the department to effectively administer any
categorical program subject to this part.
   (d) Notwithstanding any other  provision of  law,
as a condition of receiving state funding for a categorical program
pursuant to Section 64000, and in lieu of the information submission
requirements that were previously required by this section prior to
the amendments that added this subdivision and subdivisions (e) to
(i), inclusive, school districts shall ensure that each school in a
district that operates any categorical programs subject to this part
consolidates any plans that are required by those programs into a
single plan. Schools may consolidate any plans that are required by
federal programs subject to this part into this plan, unless
otherwise prohibited by federal law. That plan shall be known as the
Single Plan for Pupil Achievement or may be referred to as the Single
Plan for Student Achievement.
   (e) Plans developed pursuant to subdivision (d) of  former
 Section 52054,  as it existed before July 1, 2013, 
and Section 6314 and following of Title 20 of the United States Code,
shall satisfy this requirement.
   (f) Notwithstanding any other  provision of  law,
the content of a Single Plan for Pupil Achievement shall be aligned
with school goals for improving pupil achievement. School goals shall
be based upon an analysis of verifiable state data, including the
Academic Performance Index developed pursuant to Section 52052 and
the English Language Development test developed pursuant to Section
60810, and may include any data voluntarily developed by  school
 districts to measure pupil achievement. The Single Plan for
Pupil Achievement shall, at a minimum, address how funds provided to
the school through any of the sources identified in Section 64000
will be used to improve the academic performance of all pupils to the
level of the performance goals, as established by the Academic
Performance Index developed pursuant to Section 52052. The plan shall
also identify the schools' means of evaluating progress toward
accomplishing those goals and how state and federal law governing
these programs will be implemented.
   (g) The plan required by this section shall be reviewed annually
and updated, including proposed expenditure of funds allocated to the
school through the consolidated application, by the schoolsite
council, or, if the school does not have a schoolsite council, by
schoolwide advisory groups or school support groups that conform to
the requirements of Section  52781 or  52852. The plans
shall be reviewed and approved by the governing board of the local
education agency at a regularly scheduled meeting whenever there are
material changes that affect the academic programs for 
students   pupils  covered by programs identified
in Section 64000.
   (h) The school plan and subsequent revisions shall be reviewed and
approved by the governing board of the school district. School
district governing boards shall certify that, to the extent allowable
under federal law, plans developed for purposes of this section are
consistent with district local improvement plans that are required as
a condition of receiving federal funding.
   (i) Nothing in this  act   part  may be
construed to prevent a school district, at its discretion, from
conducting an independent review pursuant to subdivision (c) of
Section 64001 as that section read on January 1, 2001.