Bill Text: CA SB1285 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-30 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RULES. [SB1285 Detail]
Download: California-2009-SB1285-Amended.html
Bill Title: Education employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-30 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RULES. [SB1285 Detail]
Download: California-2009-SB1285-Amended.html
BILL NUMBER: SB 1285 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN ASSEMBLY JUNE 14, 2010
AMENDED IN SENATE APRIL 29, 2010
INTRODUCED BY Senator Steinberg
FEBRUARY 19, 2010
An act to amend Sections 1240, 35035, 42605, 44955, and 44956 of
the Education Code, relating to education employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1285, as amended, Steinberg. Education employment.
(1) Existing law requires the county superintendent of schools to
visit and examine each school in his or her county at reasonable
intervals to observe its operation and learn of its problems.
Existing law requires that these visits be conducted for specified
purposes relating to school safety, pupil instruction, and the
accuracy of specified data.
This bill would additionally require that these visits determine
the extent to which the years of prior experience of
teachers employed in the schools reflect the average teacher
experience range within the school district during the previous
school year percentage of teachers in each school who
are in their first or 2nd year of teaching exceeds or falls below the
percentage of teachers in the district who are in their
first or 2nd year of teaching, as specified .
(2) Existing law requires the superintendent of each school
district to perform specified duties, including, subject to the
approval of the governing board, assigning certificated employees to
the positions in which they are to serve.
This bill would require the superintendent to assign teachers
on a basis that allows each school in the district to
reflect the average teacher experience, as defined in
such a manner that the percentage of teachers in each school who are
in their first or 2nd year of teaching not exceed the percentage of
teachers in the district who are in their first or 2nd year of
teaching by more than 10 percentage points, as
specified . Because the bill would increase the duties of the
school district superintendent, it would impose a state-mandated
local program.
(3) Existing law establishes various categorical education
programs and appropriates the funding for those programs in the
annual Budget Act. Existing law authorizes the recipients of certain
categorical funds, for the 2008-09 fiscal year to the 2012-13 fiscal
year, inclusive, to use these funds for any educational purpose,
except as specified.
This bill would eliminate this categorical flexibility for a
certain program relating to county oversight. The bill would make a
conforming change relating to this provision.
(4) Existing law requires that, when a reduction in the number of
certificated employees employed by a school district is authorized
for specified reasons, the layoffs occur in order of employee
seniority. Existing law provides certain exceptions to this
requirement, including an exception for purposes of maintaining or
achieving compliance with constitutional requirements related to
equal protection of the laws. Existing law requires, for 39 months
from the date of termination, that any employee who in the meantime
has not attained 65 years of age have the preferred right to
reappointment, in the order of original employment, as specified.
Existing law provides certain exceptions to this requirement,
including an exception for purposes of maintaining or achieving
compliance with constitutional requirements related to equal
protection of the laws.
This bill would provide that this exception relates to both pupils
and certificated employees. The bill would require that, when
teachers certificated employees who provide
instruction in a classroom are subject to layoffs pursuant to
these provisions, that the proportion of classroom teachers
certificated employees who provide instruction in a
classroom terminated at schools in deciles 1 to 3, inclusive,
of the Academic Performance Index, and persistently lowest-achieving
schools, as specified, be no greater than the proportion of
classroom teachers certificated employees who provide
instruction in a classroom terminated in the school district as
a whole. The bill would authorize school districts to deviate from
reappointing teachers certificated employees
who provide instruction in a classroom in order of seniority
for purposes of furthering improvements in pupil achievement at
schools in deciles 1 to 3, inclusive, of the Academic Performance
Index, and persistently lowest-achieving schools, as specified.
(5) 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and
declares that every California child has a constitutional right,
under the equal protection clause of the California Constitution, to
an equal opportunity to attend a school that affords a
balance of effective and experienced teachers that is comparable to
the balance of effective and experienced teachers at other schools
within the same school district. The equal educational
opportunity.
(b) The Legislature finds that
paragraph (2) of subdivision (d) of Section 44955 of the Education
Code provides that, for purposes of a reduction in force, school
districts may deviate from terminating a certificated employee in
order of seniority in order to maintain or achieve compliance with
the constitutional guarantee of equal protection of the laws.
Nonetheless, the Legislature takes notice that some school districts
have declined to use this authority and thereby have harmed
not protected pupils' rights to
education equal educational opportunity . It is
therefore the intent of the Legislature that school districts utilize
this authority to prevent disparate impacts of teacher layoffs on
pupils' rights to education.
SEC. 2. Section 1240 of the Education Code is amended to read:
1240. The county superintendent of schools shall do all of the
following:
(a) Superintend the schools of his or her county.
(b) Maintain responsibility for the fiscal oversight of each
school district in his or her county pursuant to the authority
granted by this code.
(c) (1) Visit and examine each school in his or her county at
reasonable intervals to observe its operation and to learn of its
problems. He or she annually may present a report of the state of the
schools in his or her county, and of his or her office, including,
but not limited to, his or her observations while visiting the
schools, to the board of education and the board of supervisors of
his or her county.
(2) (A) For fiscal years 2004-05 to 2006-07, inclusive, to the
extent that funds are appropriated for purposes of this paragraph,
the county superintendent, or his or her designee, annually shall
submit a report, at a regularly scheduled November board meeting, to
the governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, and
shall include, among other things, his or her observations while
visiting the schools and his or her determinations for each school
regarding the status of all of the circumstances listed in
subparagraph (J) and teacher misassignments and teacher vacancies. As
a condition for receipt of funds, the county superintendent, or his
or her designee, shall use a standardized template to report the
circumstances listed in subparagraph (J) and teacher misassignments
and teacher vacancies, unless the current annual report being used by
the county superintendent, or his or her designee, already includes
those details for each school.
(B) Commencing with the 2007-08 fiscal year, to the extent that
funds are appropriated for purposes of this paragraph, the county
superintendent, or his or her designee, annually shall submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to
Section 52056. As a condition for the receipt of funds, the annual
report shall include the determinations for each school made by the
county superintendent, or his or her designee, regarding the status
of all of the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision. For
purposes of this section, schools ranked in deciles 1 to 3,
inclusive, on the 2006 base API shall include schools determined by
the department to meet either of the following:
(i) The school meets all of the following criteria:
(I) Does not have a valid base API score for 2006.
(II) Is operating in fiscal year 2007-08 and was operating in
fiscal year 2006-07 during the Standardized Testing and Reporting
(STAR) Program testing period.
(III) Has a valid base API score for 2005 that was ranked in
deciles 1 to 3, inclusive, in that year.
(ii) The school has an estimated base API score for 2006 that
would be in deciles 1 to 3, inclusive.
(C) The department shall estimate an API score for any school
meeting the criteria of subclauses (I) and (II) of clause (i) of
subparagraph (B) and not meeting the criteria of subclause (III) of
clause (i) of subparagraph (B), using available test scores and
weighting or corrective factors it deems appropriate. The department
shall post the API scores on its Internet Web site on or before May
1.
(D) For purposes of this section, references to schools ranked in
deciles 1 to 3, inclusive, on the 2006 base API shall exclude schools
operated by county offices of education pursuant to Section 56140,
as determined by the department.
(E) In addition to the requirements above, the county
superintendent, or his or her designee, annually shall verify both of
the following:
(i) That pupils who have not passed the high school exit
examination by the end of grade 12 are informed that they are
entitled to receive intensive instruction and services for up to two
consecutive academic years after completion of grade 12 or until the
pupil has passed both parts of the high school exit examination,
whichever comes first, pursuant to paragraphs (4) and (5) of
subdivision (d) of Section 37254.
(ii) That pupils who have elected to receive intensive instruction
and services, pursuant to paragraphs (4) and (5) of subdivision (d)
of Section 37254, are being served.
(F) (i) Commencing with the 2010-11 fiscal year and every third
year thereafter, the Superintendent shall identify a list of schools
ranked in deciles 1 to 3, inclusive, of the API for which the county
superintendent, or his or her designee, annually shall submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county that describes the
state of the schools in the county or of his or her office that are
ranked in deciles 1 to 3, inclusive, of the base API as defined in
clause (ii).
(ii) For the 2010-11 fiscal year, the list of schools ranked in
deciles 1 to 3, inclusive, of the base API shall be updated using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the 2009 base
API and thereafter shall be updated every third year using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the base API of
the year preceding the third year consistent with clause (i).
(iii) As a condition for the receipt of funds, the annual report
shall include the determinations for each school made by the county
superintendent, or his or her designee, regarding the status of all
of the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision.
(G) The county superintendent of the Counties of Alpine, Amador,
Del Norte, Mariposa, Plumas, and Sierra, and the City and County of
San Francisco shall contract with another county office of education
or an independent auditor to conduct the required visits and make all
reports required by this paragraph.
(H) On a quarterly basis, the county superintendent, or his or her
designee, shall report the results of the visits and reviews
conducted that quarter to the governing board of the school district
at a regularly scheduled meeting held in accordance with public
notification requirements. The results of the visits and reviews
shall include the determinations of the county superintendent, or his
or her designee, for each school regarding the status of all of the
circumstances listed in subparagraph (J) and teacher misassignments
and teacher vacancies. If the county superintendent, or his or her
designee, conducts no visits or reviews in a quarter, the quarterly
report shall report that fact.
(I) The visits made pursuant to this paragraph shall be conducted
at least annually and shall meet the following criteria:
(i) Minimize disruption to the operation of the school.
(ii) Be performed by individuals who meet the requirements of
Section 45125.1.
(iii) Consist of not less than 25 percent unannounced visits in
each county. During unannounced visits in each county, the county
superintendent shall not demand access to documents or specific
school personnel. Unannounced visits shall only be used to observe
the condition of school repair and maintenance, and the sufficiency
of instructional materials, as defined by Section 60119.
(J) The priority objective of the visits made pursuant to this
paragraph shall be to determine the status of all of the following
circumstances:
(i) Sufficient textbooks as defined in Section 60119 and as
specified in subdivision (i).
(ii) The condition of a facility that poses an emergency or urgent
threat to the health or safety of pupils or staff as defined in
district policy or paragraph (1) of subdivision (c) of Section
17592.72.
(iii) The accuracy of data reported on the school accountability
report card with respect to the availability of sufficient textbooks
and instructional materials, as defined by Section 60119, and the
safety, cleanliness, and adequacy of school facilities, including
good repair as required by Sections 17014, 17032.5, 17070.75, and
17089.
(iv) The extent to which pupils who have not passed the high
school exit examination by the end of grade 12 are informed that they
are entitled to receive intensive instruction and services for up to
two consecutive academic years after completion of grade 12 or until
the pupil has passed both parts of the high school exit examination,
whichever comes first, pursuant to paragraphs (4) and (5) of
subdivision (d) of Section 37254.
(v) The extent to which pupils who have elected to receive
intensive instruction and services, pursuant to paragraphs (4) and
(5) of subdivision (d) of Section 37254, are being served.
(vi) The extent to which the years of prior experience of teachers
employed in the schools reflects the average teacher experience
range within the school district during the previous school year.
(vii) For purposes of this section, prior experience shall include
time served in assignment as a temporary, probationary, or permanent
teacher.
(vi) The extent to which the percentage of teachers in each school
who are in their first or second year of teaching exceeds or falls
below the percentage of teachers in the district who are in their
first or second year of teaching. For purposes of this clause, the
first or second year of teaching shall include time served as a
temporary, probationary, or permanent teacher.
(K) The county superintendent may make the status determinations
described in subparagraph (J) during a single visit or multiple
visits. In determining whether to make a single visit or multiple
visits for this purpose, the county superintendent shall take into
consideration factors such as cost-effectiveness, disruption to the
schoolsite, deadlines, and the availability of qualified reviewers.
(L) If the county superintendent determines that the condition of
a facility poses an emergency or urgent threat to the health or
safety of pupils or staff as defined in district policy or paragraph
(1) of subdivision (c) of Section 17592.72, or is not in good repair,
as specified in subdivision (d) of Section 17002 and required by
Sections 17014, 17032.5, 17070.75, and 17089, the county
superintendent, among other things, may do any of the following:
(i) Return to the school to verify repairs.
(ii) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance if the district has not
provided evidence of successful repairs within 30 days of the visit
of the county superintendent or, for major projects, has not provided
evidence that the repairs will be conducted in a timely manner. The
report may be provided to the governing board of the school district.
If the report is provided to the school district, it shall be
presented at a regularly scheduled meeting held in accordance with
public notification requirements. The county superintendent shall
post the report on his or her Internet Web site. The report shall be
removed from the Internet Web site when the county superintendent
verifies the repairs have been completed.
(d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.
(e) Annually, on or before August 15, present a report to the
governing board of the school district and the Superintendent
regarding the fiscal solvency of a school district with a disapproved
budget, qualified interim certification, or a negative interim
certification, or that is determined to be in a position of fiscal
uncertainty pursuant to Section 42127.6.
(f) Keep in his or her office the reports of the Superintendent.
(g) Keep a record of his or her official acts, and of all the
proceedings of the county board of education, including a record of
the standing, in each study, of all applicants for certificates who
have been examined, which shall be open to the inspection of an
applicant or his or her authorized agent.
(h) Enforce the course of study.
(i) (1) Enforce the use of state textbooks and instructional
materials and of high school textbooks and instructional materials
regularly adopted by the proper authority in accordance with Section
51050.
(2) For purposes of this subdivision, sufficient textbooks or
instructional materials has the same meaning as in subdivision (c) of
Section 60119.
(3) (A) Commencing with the 2005-06 school year, if a school is
ranked in any of deciles 1 to 3, inclusive, of the base API, as
specified in paragraph (2) of subdivision (c), and not currently
under review pursuant to a state or federal intervention program, the
county superintendent specifically shall review that school at least
annually as a priority school. A review conducted for purposes of
this paragraph shall be completed by the fourth week of the school
year. For the 2004-05 fiscal year only, the county superintendent
shall make a diligent effort to conduct a visit to each school
pursuant to this paragraph within 120 days of receipt of funds for
this purpose.
(B) In order to facilitate the review of instructional materials
before the fourth week of the school year, the county superintendent
in a county with 200 or more schools that are ranked in any of
deciles 1 to 3, inclusive, of the base API, as specified in paragraph
(2) of subdivision (c), may utilize a combination of visits and
written surveys of teachers for the purpose of determining
sufficiency of textbooks and instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined in subdivision (c) of Section 60119. If a county
superintendent elects to conduct written surveys of teachers, the
county superintendent shall visit the schools surveyed within the
same academic year to verify the accuracy of the information reported
on the surveys. If a county superintendent surveys teachers at a
school in which the county superintendent has found sufficient
textbooks and instructional materials for the previous two
consecutive years and determines that the school does not have
sufficient textbooks or instructional materials, the county
superintendent shall within 10 business days provide a copy of the
insufficiency report to the school district as set forth in paragraph
(4).
(C) For purposes of this paragraph, "written surveys" may include
paper and electronic or online surveys.
(4) If the county superintendent determines that a school does not
have sufficient textbooks or instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined by subdivision (c) of Section 60119, the county
superintendent shall do all of the following:
(A) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance.
(B) Provide within five business days of the review, a copy of the
report to the school district, as provided in subdivision (c), or,
if applicable, provide a copy of the report to the school district
within 10 business days pursuant to subparagraph (B) of paragraph
(3).
(C) Provide the school district with the opportunity to remedy the
deficiency. The county superintendent shall ensure remediation of
the deficiency no later than the second month of the school term.
(D) If the deficiency is not remedied as required pursuant to
subparagraph (C), the county superintendent shall request the
department to purchase the textbooks or instructional materials
necessary to comply with the sufficiency requirement of this
subdivision. If the department purchases textbooks or instructional
materials for the school district, the department shall issue a
public statement at the first regularly scheduled meeting of the
state board occurring immediately after the department receives the
request of the county superintendent and that meets the applicable
public notice requirements, indicating that the district
superintendent and the governing board of the school district failed
to provide pupils with sufficient textbooks or instructional
materials as required by this subdivision. Before purchasing the
textbooks or instructional materials, the department shall consult
with the district to determine which textbooks or instructional
materials to purchase. All purchases of textbooks or instructional
materials shall comply with Chapter 3.25 (commencing with Section
60420) of Part 33. The amount of funds necessary for the purchase of
the textbooks and materials is a loan to the school district
receiving the textbooks or instructional materials. Unless the school
district repays the amount owed based upon an agreed-upon repayment
schedule with the Superintendent, the Superintendent shall notify the
Controller and the Controller shall deduct an amount equal to the
total amount used to purchase the textbooks and materials from the
next principal apportionment of the district or from another
apportionment of state funds.
(j) Preserve carefully all reports of school officers and
teachers.
(k) Deliver to his or her successor, at the close of his or her
official term, all records, books, documents, and papers belonging to
the office, taking a receipt for them, which shall be filed with the
department.
(l) (1) Submit two reports during the fiscal year to the county
board of education in accordance with the following:
(A) The first report shall cover the financial and budgetary
status of the county office of education for the period ending
October 31. The second report shall cover the period ending January
31. Both reports shall be reviewed by the county board of education
and approved by the county superintendent no later than 45 days after
the close of the period being reported.
(B) As part of each report, the county superintendent shall
certify in writing whether or not the county office of education is
able to meet its financial obligations for the remainder of the
fiscal year and, based on current forecasts, for two subsequent
fiscal years. The certifications shall be classified as positive,
qualified, or negative, pursuant to standards prescribed by the
Superintendent, for the purposes of determining subsequent state
agency actions pursuant to Section 1240.1. For purposes of this
subdivision, a negative certification shall be assigned to a county
office of education that, based upon current projections, will not
meet its financial obligations for the remainder of the fiscal year
or for the subsequent fiscal year. A qualified certification shall be
assigned to a county office of education that may not meet its
financial obligations for the current fiscal year or two subsequent
fiscal years. A positive certification shall be assigned to a county
office of education that will meet its financial obligations for the
current fiscal year and subsequent two fiscal years. In accordance
with those standards, the Superintendent may reclassify a
certification. If a county office of education receives a negative
certification, the Superintendent, or his or her designee, may
exercise the authority set forth in subdivision (c) of Section 1630.
Copies of each certification, and of the report containing that
certification, shall be sent to the Superintendent at the time the
certification is submitted to the county board of education. Copies
of each qualified or negative certification and the report containing
that certification shall be sent to the Controller at the time the
certification is submitted to the county board of education.
(2) All reports and certifications required under this subdivision
shall be in a format or on forms prescribed by the Superintendent,
and shall be based on standards and criteria for fiscal stability
adopted by the state board pursuant to Section 33127. The reports and
supporting data shall be made available by the county superintendent
to an interested party upon request.
(3) This subdivision does not preclude the submission of
additional budgetary or financial reports by the county
superintendent to the county board of education or to the
Superintendent.
(4) The county superintendent is not responsible for the fiscal
oversight of the community colleges in the county, however, he or she
may perform financial services on behalf of those community
colleges.
(m) If requested, act as agent for the purchase of supplies for
the city and high school districts of his or her county.
(n) For purposes of Section 44421.5, report to the Commission on
Teacher Credentialing the identity of a certificated person who
knowingly and willingly reports false fiscal expenditure data
relative to the conduct of an educational program. This requirement
applies only if, in the course of his or her normal duties, the
county superintendent discovers information that gives him or her
reasonable cause to believe that false fiscal expenditure data
relative to the conduct of an educational program has been reported.
SEC. 3. Section 35035 of the Education Code is amended to read:
35035. The superintendent of each school district shall, in
addition to other powers and duties granted to or imposed upon him or
her:
(a) Be the chief executive officer of the governing board of the
district.
(b) Except in a district where the governing board has appointed
or designated an employee other than the superintendent, or a deputy,
or assistant superintendent, to prepare and submit a budget, prepare
and submit to the governing board of the district, at the time it
may direct, the budget of the district for the next ensuing school
year, and revise and take other action in connection with the budget
as the board may desire.
(c) (1) Subject to the approval of the governing board, assign all
employees of the district employed in positions requiring
certification qualifications, to the positions in which they are to
serve. This power to assign includes the power to transfer a teacher
from one school to another school at which the teacher is
certificated to serve within the district when the superintendent
concludes that the transfer is in the best interest of the district.
(2) When making initial teacher assignments pursuant to paragraph
(1), the superintendent shall assign teachers on a basis
that allows each school in the district to reflect the average
teacher experience, which shall include time served as a temporary,
probationary, or permanent teacher. in such a manner
that the percentage of teachers in each school who are in their first
or second year of teaching shall not exceed the percentage of
teachers in the district who are in their first or second year of
teaching by more than 10 percentage points. For purposes of this
paragraph, the first or second year of teaching shall include time
served as a temporary, probationary, or permanent teacher.
(3) It is the intent of the Legislature to identify federal funds
to support teachers in schools ranked in deciles 1 to 3, inclusive,
of the Academic Performance Index. It is the intent of the
Legislature that these funds support programs designed to enhance
professional development and retention, including, but not limited
to, the Beginning Teacher Support and Assessment Program, Peer
Assistance and Review, mentoring, coaching in the use of data to
improve instruction, and common planning time for teams of teachers.
(d) Upon adoption, by the district board, of a district policy
concerning transfers of teachers from one school to another school
within the district, have authority to transfer teachers consistent
with that policy.
(e) Determine that each employee of the district in a position
requiring certification qualifications has a valid certificated
document registered as
required by law authorizing him or her to serve in the position to
which he or she is assigned.
(f) Enter into contracts for and on behalf of the district
pursuant to Section 17604.
(g) Submit financial and budgetary reports to the governing board
as required by Section 42130.
SEC. 4. Section 42605 of the Education Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, recipients of funds from the
items listed in paragraph (2) may use funding received, pursuant to
subdivision (b), from any of these items listed in paragraph (2) that
are contained in an annual Budget Act, for any educational purpose:
(2) 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001,
6110-123-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
6110-268-0001, and 6360-101-0001.
(b) (1) For the 2009-10 fiscal year to the 2012-13 fiscal year,
inclusive, the Superintendent or other administering state agency, as
appropriate, shall apportion from the amounts provided in the annual
Budget Act for the items enumerated in paragraph (2) of subdivision
(a), an amount to recipients based on the same relative proportion
that the recipient received in the 2008-09 fiscal year for the
programs funded through the items enumerated in paragraph (2) of
subdivision (a).
(2) This section and Section 42 of Chapter 12 of the Statutes of
2009 do not authorize a school district that receives funding on
behalf of a charter school pursuant to Sections 47634.1 and 47651 to
redirect this funding for another purpose unless otherwise authorized
in law or pursuant to an agreement between a charter school and its
chartering authority. Notwithstanding paragraph (1), for the 2008-09
fiscal year to the 2012-13 fiscal year, inclusive, a school district
that receives funding on behalf of a charter school pursuant to
Sections 47634.1 and 47651 shall continue to distribute the funds to
those charter schools based on the relative proportion that the
school district distributed in the 2007-08 fiscal year, and shall
adjust those amounts to reflect changes in charter school attendance
in the district. The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a). For a charter school that began
operation in the 2008-09 fiscal year, if a school district received
funding on behalf of that charter school pursuant to Sections 47634.1
and 47651, the school district shall continue to distribute the
funds to that charter school based on the relative proportion that
the school district distributed in the 2008-09 fiscal year and shall
adjust the amount of those funds to reflect changes in charter school
attendance in the district. The amounts allocated shall be adjusted
for any greater or lesser amount appropriated for the items
enumerated in paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001 of the
annual Budget Act, an amount to a charter school in accordance with
the per pupil methodology prescribed in subdivision (c) of Section
47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act, an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in the annual
Budget Act: 6110-104-0001, 6110-105-0001, 6110-156-0001,
6110-190-0001, schedule (3) of 6110-193-0001, 6110-198-0001,
6110-232-0001, and schedule (2) of 6110-240-0001.
(5) For purposes of paragraph (4) of this subdivision, if a
direct-funded charter school began operation in the 2008-09 fiscal
year, the amount that the charter school was entitled to receive from
the items enumerated in paragraph (4) for the 2008-09 fiscal year,
as certified by the Superintendent in March 2009, is deemed to have
been received in the 2007-08 fiscal year.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds, the governing board of the
school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall take
testimony from the public, discuss, approve or disapprove the
proposed use of funding, and make explicit for each of the budget
items in paragraph (2) of subdivision (a) the purposes for which the
funds will be used.
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15, 2014.
(d) For the 2008-09 fiscal year to the 2012-13 fiscal year,
inclusive, local education agencies that use the flexibility
provision of the section shall be deemed to be in compliance with the
program and funding requirements contained in statutory, regulatory,
and provisional language, associated with the items enumerated in
subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001, the amount
authorized for flexibility shall exclude the funding provided for
instruction of CalWORKs eligible students pursuant to schedules (2)
and (3), and provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local education
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119, and that all pupils
within the local education agency who are enrolled in the same course
shall have identical textbooks and instructional materials, as
specified in Section 1240.3.
(3) For Item 6110-195-0001, the item shall exclude moneys that are
required to fund awards for teachers that have previously met the
requirements necessary to obtain these awards, until the award is
paid in full.
(4) For Item 6110-198-0001, a school district or county office of
education that operates the child care component of the Cal-SAFE
program shall comply with paragraphs (5) and (6) of subdivision (c)
of Section 54746.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.
SEC. 5. Section 44955 of the Education Code is amended to read:
44955. (a) A permanent employee shall not be deprived of his or
her position for causes other than those specified in Sections 44907
and 44923, and Sections 44932 to 44947, inclusive, and a probationary
employee shall not be deprived of his or her position for cause
other than as specified in Sections 44948 to 44949, inclusive.
(b) Whenever in any school year the average daily attendance in
all of the schools of a district for the first six months in which
school is in session shall have declined below the corresponding
period of either of the previous two school years, whenever the
governing board determines that attendance in a district will decline
in the following year as a result of the termination of an
interdistrict tuition agreement as defined in Section 46304, whenever
a particular kind of service is to be reduced or discontinued not
later than the beginning of the following school year, or whenever
the amendment of state law requires the modification of curriculum,
and if in the opinion of the governing board of the district it shall
have become necessary by reason of any of these conditions to
decrease the number of permanent employees in the district, the
governing board may terminate the services of not more than a
corresponding percentage of the certificated employees of the
district, permanent as well as probationary, at the close of the
school year. Except as otherwise provided by statute, the services of
a permanent employee shall not be terminated under the provisions of
this section while any probationary employee, or any other employee
with less seniority, is retained to render a service that the
permanent employee is certificated and competent to render.
In computing a decline in average daily attendance for purposes of
this section for a newly formed or reorganized school district, each
school of the district shall be deemed to have been a school of the
newly formed or reorganized district for both of the two previous
school years.
As between employees who first rendered paid service to the
district on the same date, the governing board shall determine the
order of termination solely on the basis of needs of the district and
the pupils of the district. Upon the request of any employee whose
order of termination is so determined, the governing board shall
furnish in writing no later than five days prior to the commencement
of the hearing held in accordance with Section 44949, a statement of
the specific criteria used in determining the order of termination
and the application of the criteria in ranking each employee relative
to the other employees in the group. This requirement that the
governing board provide, on request, a written statement of reasons
for determining the order of termination shall not be interpreted to
give affected employees any legal right or interest that would not
exist without such a requirement.
(c) Notice of the termination of services shall be given before
the 15th of May in the manner prescribed in Section 44949, and
services of these employees shall be terminated in the inverse of the
order in which they were employed, as determined by the board in
accordance with the provisions of Sections 44844 and 44845. In the
event that a permanent or probationary employee is not given the
notices and a right to a hearing as provided for in Section 44949, he
or she shall be deemed reemployed for the ensuing school year.
The governing board shall make assignments and reassignments in
such a manner that employees shall be retained to render any service
that their seniority and qualifications entitle them to render.
However, prior to assigning or reassigning any certificated employee
to teach a subject that he or she has not previously taught, and for
which he or she does not have a teaching credential or that is not
within the employee's major area of postsecondary study or the
equivalent thereof, the governing board shall require the employee to
pass a subject matter competency test in the appropriate subject.
(d) (1) Notwithstanding subdivision (b), for purposes of
maintaining stability of classroom teachers
certificated employees who provide instruction in a classroom
at schools in deciles 1 to 3, inclusive, of the Academic Performance
Index, the proportion of classroom teachers
certificated employees who provide instruction in a classroom
terminated at those schools in any given year as part of a reduction
in the number of employees pursuant to this section shall be no
greater than the proportion of classroom teachers
certificated employees who provide instruction in a classroom
terminated in the school district as a whole. This limit shall
also apply to classroom teacher reductions
reductions of certificated employees who provide instruction in a
classroom at schools on the list of the persistently
lowest-achieving schools approved by the state board, provided those
schools have put in place classroom teachers
certificated employees who provide instruction in a classroom
as part of a school reform plan approved by the governing board.
(2) The Superintendent shall institute fiscal penalties for
noncompliance with paragraph (1), which may include, but not be
limited to, withholding a percentage of the school district's
apportionment.
(2) The Superintendent shall require local governing boards that
do not comply with paragraph (1) to reinstate the certificated
employee or certificated employees terminated in violation of the
limit. Certificated employees reinstated shall be returned to
employment at the school or schools from which they were terminated.
Local governing boards shall not make further reductions in force in
certificated employees at those schools for the school year in which
the terminations in violation of the limit would have been in effect,
and shall not make reductions in certificated employees at other
schoolsites in the district in order to compensate for the
reinstatements.
(3) In addition to the requirements prescribed in paragraph (1), a
school district may deviate from terminating a certificated employee
in order of seniority for either of the following reasons:
(A) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services,
which others with more seniority do not possess.
(B) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws
as it applies to pupils and to certificated employees.
SEC. 6. Section 44956 of the Education Code is amended to read:
44956. (a) Any permanent
employee whose services have been terminated as provided in Section
44955 shall have the following rights:
(1)
(a) For the period of 39 months from the date of such
termination, any employee who in the meantime has not attained the
age of 65 years shall have the preferred right to reappointment, in
the order of original employment as determined by the board in
accordance with the provisions of Sections 44831 to 44855, inclusive,
if the number of employees is increased or the discontinued service
is reestablished, with no requirements that were not imposed upon
other employees who continued in service; provided, that no
probationary or other employee with less seniority shall be employed
to render a service which said employee is certificated and competent
to render. However, prior to reappointing any employee to teach a
subject which he or she has not previously taught, and for which he
or she does not have a teaching credential or which is not within the
employee's major area of postsecondary study or the equivalent
thereof, the governing board shall require the employee to pass a
subject matter competency test in the appropriate subject.
(2)
(b) The aforesaid right to reappointment may be waived
by the employee, without prejudice, for not more than one school
year, unless the board extends this right, but such waiver shall not
deprive the employee of his right to subsequent offers of
reappointment.
(3) Notwithstanding paragraph (1)
(c) Notwithstanding subdivision (a)
, a school district may deviate from reappointing a
certificated employee in order of seniority for any of the following
reasons:
(A)
(1) The district demonstrates a specific need for
personnel to teach a specific course or course of study, or to
provide services authorized by a services credential with a
specialization in either pupil personnel services or health for a
school nurse, and that the employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which others with more seniority do not
possess.
(B)
(2) For purposes of maintaining or achieving compliance
with constitutional requirements related to equal protection of the
laws, as it applies to pupils and to certificated employees.
(C)
(3) For purposes of furthering improvements in pupil
achievement at schools in deciles 1 to 3, inclusive, of the Academic
Performance Index that have put in place teaching staff
certificated employees who provide instruction in a
classroom as part of a school reform plan approved by the
governing board of the school district. Governing boards may
reappoint teaching staff certificated
employees who provide instruction in a classroom , regardless
of seniority, at the schools described in this subparagraph in a
manner that supports the school reform plan. Governing boards may
also use this authority to reappoint teaching staff
certificated employees who provide instruction in a
classroom at schools on the list of the persistently
lowest-achieving schools approved by the state board.
(4)
(d) As to any such employee who is reappointed, the
period of his or her absence shall be treated as a leave of absence
and shall not be considered as a break in the continuity of his or
her service, he or she shall retain the classification and order of
employment he or she had when his or her services were terminated,
and credit for prior service under any state or district retirement
system shall not be affected by such termination, but the period of
his or her absence shall not count as a part of the service required
for retirement.
(5)
(e) During the period of his or her preferred right to
reappointment, any such employee shall, in the order of original
employment, be offered prior opportunity for substitute service
during the absence of any other employee who has been granted a leave
of absence or who is temporarily absent from duty; provided, that
his or her services may be terminated upon the return to duty of said
other employee and that said substitute service shall not affect the
retention of his or her previous classification and rights. If, in
any school year the employee serves as a substitute in any position
requiring certification for any 21 days or more within a period of 60
schooldays, the compensation the employee receives for substitute
service in that 60-day period, including his or her first 20 days of
substitute service, shall be not less than the amount the employee
would receive if he or she were being reappointed.
(6)
(f) During the period of the employee's preferred right
to reappointment, the governing board of the district, if it is also
the governing board of one or more other districts, may assign him
or her to service, which he or she is certificated and competent to
render, in said other district or districts; provided, that the
compensation he or she receives therefor may in the discretion of the
governing board be the same as he or she would have received had he
or she been serving in the district from which his or her services
were terminated, that his or her service in the said other district
or districts shall be counted toward the period required for both
state and local retirement, as defined by Section 22102, as though
rendered in the district from which his or her services were
terminated, and that no permanent employee in said other district or
districts shall be displaced by him or her.
It is the intent of this subdivision
section that the employees of a school district, the governing
board of which is also the governing board of one or more other
school districts, shall not be at a disadvantage as compared with
employees of a unified school district.
(7)
(g) At any time prior to the completion of one year
after his or her return to service, he or she may continue or make
up, with interest, his or her own contributions to any state or
district retirement system, for the period of his or her absence, but
it shall not be obligatory on state or district to match such
contributions.
(8)
(h) Should he or she become disabled or reach
retirement age at any time before his or her return to service, he or
she shall receive, in any state or district retirement system of
which he or she was a member, all benefits to which he or she would
have been entitled had such event occurred at the time of his or her
termination of service, plus any benefits he or she may have
qualified for thereafter, as though still employed.
SEC. 7. 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.
