Here is AB1381 as it came out of the California State Senate Education Committee.
BILL NUMBER: AB 1381 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2006
AMENDED IN ASSEMBLY JANUARY 24, 2006
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY MAY 2, 2005
INTRODUCED BY Assembly Member Nunez
( Principal coauthors:
Assembly Members Frommer and Wyland
)
( Principal coauthors:
Senators Perata and Romero )
FEBRUARY 22, 2005
An act to amend Sections 51795, 51796, 51797, and 51798
of, and to add Section 51796.5 to, the Education Code, and to amend
Section 40507 of the Public Resources Code, relating to school
gardens. An act to amend Section 35400 of, and to add
and repeal Chapter 5 (commencing with Section 35900) of Part 21 of,
the Education Code, relating to school district governance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1381, as amended, Nunez School instructional gardens:
pupil nutrition. School district governance: Los
Angeles Unified School District.
(1) Existing law authorizes the Inspector General of the Los
Angeles Unified School District to conduct specified audits,
investigations, and related activities.
This bill would require the inspector general be appointed by the Los Angeles Unified School District Board of Education and that all employment decisions related to the inspector general would be managed by the board in a manner consistent with any existing contracts under which the inspector general is employed.
(2) Existing law requires every school district to be under the
control of a board of school trustees or a board of education.
Existing law requires any unified school district which is
coterminous with or includes within its boundaries a chartered city
or city and county to be governed by the board of education provided for in the charter of the city or city and county. Existing law authorizes the governing board of any school district employing 8 or more teachers to employ a district superintendent for one or more schools and to define the duties of the superintendent.
Existing law authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the State Board of Education to waive all or part of any provision of the Education Code or any
regulation adopted by the state board that implements a provision of that code, except for specified provisions. Existing law requires that a properly submitted waiver request be deemed granted and approved for one year, commencing the first day of the following month, if the state board fails to take action on the request by its second regular meeting after the receipt of the request.
Existing law, the California Constitution, requires the state board to adopt instructional materials for grades 1 to 8, inclusive.
Existing statutory law requires the governing board of a school district to adopt instructional materials for use in the high schools under its control. Existing law requires the state board to adopt content standards in defined curricula, as specified.
Existing law requires the governing board of each school district to develop and cause to be implemented for each school in the school district a School Accountability Report Card.
This bill would permit the Superintendent of the Los Angeles Unified School District to request, after a public hearing, that the state board waive all or part of any section of the Education Code, except as specified, and would deem the waiver granted for two years,
commencing the first day of the following month, if the state board fails to take action on the request by its second regular meeting after, or 60 days after, receipt of the request, whichever is sooner.
The bill would require a request for a waiver to include specified written statements if the exclusive representative of employees responds with its position on the proposed waiver within 2 weeks of its receipt of the request from the district superintendent.
This bill would authorize the district superintendent to appoint and dismiss the personnel of his or her office, and to appoint and dismiss a principal of a school within the Los Angeles Unified School District (LAUSD) after consultation with parents of pupils enrolled at the school to which the principal is assigned, community leaders, and school site personnel, subject to ratification by the LAUSD Board of Education. The bill would limit the authority of the district superintendent by requiring that those employment decisions be in conformance with applicable collective bargaining agreements and contracts and in a manner that is consistent with other specified provisions.
This bill would grant the district superintendent authority over the fiscal operations of the LAUSD, including, but not limited to, the negotiation and execution of contracts, subject to all other requirements of law. The bill would limit the authority of the district superintendent to contract with private parties regarding the personal services that, as of January 1, 2007, are provided by represented employees of the LAUSD, as specified. The bill would authorize the district superintendent to make decisions regarding litigation involving the LAUSD, and, for purposes of this authority, would exempt the LAUSD from the provision regarding the electors of a school district being able to petition to vote on a settlement, as specified.
The bill would limit the authority of the district superintendent by requiring that any decisions impacting the employment rights of LAUSD employees not conflict with specified provisions regarding employment.
This bill would require the district superintendent to annually present a proposed budget for the LAUSD for the succeeding fiscal year to the council of mayors established by this bill at a public meeting in May of each year for its review and comment prior to the adoption of the budget by the LAUSD board. The bill would grant the LAUSD board the authority to provide the final approval of any revenue and expenditure allocations at the object level and to approve any budget revisions that would result in a change in revenue or object level expenditure allocations, but would limit the authority of the LAUSD board and the council of mayors to budgetary matters no more specific than the object level. The bill would require the district superintendent to be responsible for fiscal reporting requirements to the county board of education, the State Department of Education, and the Superintendent of Public Instruction.
This bill would require the administrative staff of the LAUSD to be employed by the district and not by individual LAUSD board members. The bill would grant the LAUSD board the power to make employment decisions related to the staff that are not inconsistent with any collective bargaining agreement or contract. The bill would require the district superintendent to manage all LAUSD personnel other than the staff of the LAUSD board, except the inspector general of the LAUSD.
This bill would require the district superintendent and board, when selecting curriculum and instructional materials, to ensure that teachers and certificated staff have an authentic and central role; a majority of curriculum committee participants are classroom teachers; basic instructional materials for kindergarten and grades 1 to 8, inclusive, are state board adopted materials; basic
instructional materials for grades 9 to 12, inclusive, are aligned to state content standards, if content standards exist for the applicable subjects; and there is a wide selection of supplemental instructional materials that are consistent with the needs of pupils and available for use at school sites.
This bill requires the district superintendent to develop and manage a facilities program for the LAUSD, as specified. The bill requires the council of mayors to advise the district superintendent regarding the facilities program pursuant to specified authority, but requires that the district superintendent retain all decision making power regarding the facilities program. The bill expresses the intent of the Legislature that the district superintendent take over and be responsible for all district-level, rather than school-level, requirements related to facilities, and that the LAUSD, through the district superintendent, remain subject to all laws regarding the review and approval of decisions of the district by state agencies regarding school facilities of the district. The bill provides that any eminent domain proceedings related to school facilities of the LAUSD require approval by the LAUSD board.
This bill would establish the council of mayors, composed of certain city mayors and county board of supervisors within the boundaries of the LAUSD. The bill would authorize the council of mayors to select a representative and have that representative participate in all aspects of the selection and evaluation by the LAUSD board of the district superintendent, as provided; would require the appointment, contract term, contract renewal, or involuntary removal of the district superintendent to be ratified by the council of mayors; and would require the district superintendent to provide, as specified, each School Accountability Report Card for each school of the district to the council of mayors on an annual basis for review and comment. The bill would also require the council of mayors to have certain roles, including, among others, oversight over the creation, coordination, support, and completion of joint-use projects involving the LAUSD and providing local governmental input in the development of school construction strategic plans and determining school site locations for the district.
This bill would require the Mayor of the City of Los Angeles, in partnership with the LAUSD, parent and community leaders and organizations, and school personnel and employee organizations, to, as part of a demonstration project, have oversight over three clusters of the lowest-performing schools in different geographic areas within the City of Los Angeles. The bill would require each cluster to include a high school that is ranked in decile 1 of the
Academic Performance Index and its feeder middle and elementary schools. The bill would require the high schools for each cluster to be selected by the Los Angeles Mayor and the district superintendent within specified timelines, and would require the Superintendent of Public Instruction to make that selection if the selection is not made within the deadline. The bill would specify the purposes of the
demonstration project. The bill would require all authority exercised by the LAUSD board and the district superintendent with respect to the schools in the demonstration project to be transferred to the partnership, except as specified. The bill would provide that the schools in the demonstration project continue to exist as district schools and continue to be funded with existing resources and private donations.
This bill would require the Legislative Analyst to contract for an evaluator to conduct an interim evaluation of the effectiveness of the specified LAUSD programs to be completed on or before January 1,2009; conduct a final evaluation to be completed by January 1, 2011; and report to the Legislature and the Governor on the final evaluation, including recommendations to continue, modify, or terminate the programs, by January 1, 2011, based upon the results in meeting specified measurements of the effectiveness of the programs based on a comparison of the LAUSD and its component schools and pupils in 2006 relative to the time of the evaluation of the LAUSD and its component schools and pupils. The bill would require the evaluation to include, but not be limited to, whether schools participating in the Los Angeles Mayor's Community Partnership for School Excellence, other schools in the LAUSD, and the LAUSD as a whole accomplished, and, in specified instances, to what degree they accomplished, specific goals.
This bill would repeal these provisions as of January 1, 2013.
To the extent this bill would impose additional duties on officials of local agencies and local educational agencies, this bill would impose a state-mandated local program.
(3) This bill would declare that, due to special circumstances applicable to the LAUSD, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution, and the enactment of a special statute is therefore necessary.
(4) 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.
(1) Existing law establishes the Instructional School Gardens
Program for the promotion, creation, and support of instructional
school gardens by eligible educational agencies, as defined. Existing
law requires that the program be administered by the State
Department of Education through the allocation of one-time grants and
technical assistance to applicant eligible education agencies.
Existing law authorizes the department to consult with the Integrated
Waste Management Board and public institutions of higher education,
regarding curriculum development and evaluation of any program
established pursuant to the Instructional School Gardens Program.
This bill instead would require the Integrated Waste Management
Board to administer the program, in consultation with the State
Department of Education, the Department of Food and Agriculture, and
the State Department of Health Services. This bill would align the
program with the statewide environmental education program and would
include an agricultural education component in the program. This bill
would provide that educational agencies interested in participating
in the Instructional School Gardens Program apply to the board for
funding. This bill authorizes the board to establish an advisory
group involving other agencies and groups with expertise in
instructional school gardens, to provide technical assistance,
resources, in-kind support, site visits, and other related forms of
support.
This bill would require educational agencies applying for funding
to provide the goals and objectives for their instructional school
garden and a plan detailing how they plan to meet the goals and
objectives. This bill would limit the use of funding for the program
to costs directly related to implementing the instructional school
garden and would prohibit the use of more than 5% of the funding
awarded for administrative costs.
(2) Existing law requires the Integrated Waste Management Board to
give preferential consideration during its annual discretionary
grant funding process to providing an appropriate level of funding to
the program.
This bill instead would establish the Instructional School Garden
Account within the State Treasury and would permit the board to
expend money from the account upon appropriation by the Legislature.
This bill would allow the board to accept and receive funding and
other contributions from federal, state, and local sources as well as
from public and private organizations and individuals. This bill
would permit proceeds from court judgments that have been designated
for instructional programs or instructional school gardens to be
included within the account. This bill also would authorize the board
to accept nonmonetary contributions. This bill would require the
transfer of $100,000 each year for 5 years from the Integrated Waste
Management Account into the Instructional School Garden Account.
(3) Existing law provides that the program will be implemented
only if funds are available for it.
This bill would specify that the funding necessary for
implementation is the funding received by the board and included
within the Instructional School Garden Account.
(4) Existing law requires the board to file annual progress
reports with the Legislature regarding specified programs that the
board undertakes, including, but not limited to, the public education
program.
This bill would add a report on the status and effectiveness of
the Instructional School Gardens Program to the required reports.
This bill would also delete an obsolete reference and would make
other, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35400 of the
Education Code is amended to read:
35400. (a) The Los Angeles Unified School District Board of Education shall appoint an inspector general and shall make any employment decisions related to the inspector general, except to the extent that a decision violates the terms of the employment contract under which the inspector general is employed as of January 1, 2007.
(a)
(b) The inspector general of the Los Angeles
Unified School District's Inspector General of the Office
of the Inspector General District is authorized
to conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to
the inquiry or investigation undertaken by the inspector general when he or she has a reasonable suspicion that a law, regulation, rule, or district policy has been violated or is being violated. For purposes of this section, "reasonable suspicion" means that the circumstances known or apparent to the inspector general include specific and articulable facts causing him or her to suspect that a
material violation of law, regulation, rule, or district policy hasoccurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or district bulletin policy has occurred or is occurring.
(b)
(c) Subpoenas shall be served in the manner provided by
law for service of summons. Any subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.
(c)
(d) For purposes of this section, Sections 11184,
11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior
Court for the County of Los Angeles.
(d)
(e) Notwithstanding any other provision of the law, any
person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent
violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
(e)
(f) The inspector general shall submit an interim
report to the Legislature by July 1, 2000, annual interim reports by July 1 of each succeeding year, and a final cumulative report by December 1, 2014, on all of the following:
(1) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector general's duties.
(2) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the court's order.
(3) Any referral to the local district attorney
or the Attorney General where if the
district attorney or Attorney General declined to investigate the
matter further or declined to prosecute.
(f)
(g) This article shall remain in effect only until
January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.
SEC. 2. Chapter 5 (commencing with Section 35900)
is added to Part 21 of the Education Code , to
read:
CHAPTER 5. LOS ANGELES UNIFIED SCHOOL DISTRICT
ADMINISTRATION
Article 1. General Provisions
35900. (a) The Legislature finds and declares both of the
following:
(1) As the largest school district in California and an urbanb district with high numbers of pupils from historically disadvantaged groups, the Los Angeles Unified School District has unique challenges and resources that require and deserve special attention to ensure that all pupils are given the opportunity to reach their full potential.
(2) The freedom to deviate from the strictures of generally applicable education statutes and regulations while maintaining the constant commitment to fairness and equity, and to increasing achievement among all pupils regardless of background, is central to the success of quality schools in California and is appropriate, as a
concept, for the unique circumstances of the Los Angeles Unified School District.
(b) It is the intent of the Legislature that the Los Angeles Unified School District achieve the following pupil learning expectations through the enactment of this chapter:
(1) Significantly improved pupil learning based on the academic standards of the state, graduation requirements, and other standards for assessing the achievement of pupils.
(2) Significantly improved graduation rates and significantly
reduced dropout rates.
(3) A reduction in the academic achievement gap between Latino, African-American, White, and Asian pupils so that all pupils are attaining similar, acceptable levels of academic achievement.
(4) Parent satisfaction with the schools that their children attend.
(5) English language learner success.
(c) It is the intent of the Legislature that the schools and administration of the Los Angeles Unified School District ensure that:
(1) All schools are clean and safe places for pupils and school staff.
(2) Each pupil has a qualified teacher who has had appropriate professional development for the one or more grades and subjects that he or she teaches.
(3) Each school has a principal who has had high quality
professional development to improve his or her ability as an educational leader to assist in improving teaching and learning at the school to which he or she is assigned, in building strong educational teams, and in promoting parental involvement and community relations.
(4) There is transparency in the fiscal affairs of the schools and the school district.
(5) Teachers and parents are full partners in the decisions that affect schools.
(6) The district is decentralized to reduce bureaucracy and transfer resources to schools and classrooms.
(7) Class sizes are at or below statewide averages for the corresponding grade levels.
(8) The school community is held accountable for the achievement of the goals described in this section.
(d) It is further the intent of the Legislature that, in
performing the school-related duties set forth in this chapter, the council of mayors described in Section 35920 and the partnership described in Section 35931, which includes the Mayor of the City ofLos Angeles, function as local educational agencies authorized tomaintain public schools, similar to a school district or county office of education. The council of mayors and the partnership are, therefore, a part of the public school system of the state in performing the duties established in this chapter within the meaning of Section 6 of Article IX of the California Constitution.
35901. For purposes of this chapter, the following terms have the following meanings, unless the context in which they appear clearly requires otherwise:
(a) "Board" means the Los Angeles Unified School District Board of Education.
(b) "District superintendent" means the Superintendent of the Los Angeles Unified School District.
(c) "LAUSD" means the Los Angeles Unified School District.
Article 2. Operational Flexibility
35910. (a) Notwithstanding Section 33050, the district
superintendent, on a districtwide basis or on behalf of one or more of the schools or programs of the LAUSD, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code, except that a waiver of the provisions specified in subdivisions (a), (b), and (c) of Section 33050, or of any law that cannot constitutionally be waived, shall not be requested or granted.
(b) A request for a waiver made pursuant to this section shall include the written statement required pursuant to subdivision (d) of Section 33050 if the exclusive representative of employees specified in that section responds with its position on any proposed waiver within two weeks of its receipt of a request from the district superintendent.
(c) If the state board does not approve or deny a waiver request submitted by the district superintendent pursuant to this section by the completion of the second regular meeting of the state board after, or within 60 days of, receiving the request, whichever date is sooner, the request shall be deemed approved for two years, commencing the first day of the following month.
35911. (a) The district superintendent shall have the authority to appoint and dismiss the personnel of the Office of Superintendent of the LAUSD.
(b) The district superintendent shall have the authority to appoint and dismiss a principal of a school within the LAUSD after consultation with community leaders, schoolsite personnel, and parents of pupils enrolled at the school to which the principal is assigned. However, the appointment or dismissal of a principal pursuant to this subdivision is subject to ratification by the board.
(c) Employment actions made by the district superintendent pursuant to this section shall conform with any collective bargaining agreements or contracts under which an employee is employed.
(d) The intent of the Legislature in enacting this section is to transfer the responsibility for the applicable employment decisions from the board to the district superintendent, except as specified.
This section does not alter Part 25 (commencing with Section 44000)of the Education Code or Chapter 10.7 (commencing with Section 3540)of Division 4 of Title 1 of the Government Code, except to the extent that the authority over the applicable employment decisions is expressly transferred to the district superintendent.
35912. (a) (1) The district superintendent shall have the authority over the fiscal operations of the LAUSD, including, but not limited to, the negotiation and execution of contracts. For purposes of negotiating and executing contracts, the district superintendent is subject to the otherwise applicable requirements of law, including statutory or regulatory competitive bidding procedures and best contracting practices.
(2) A decision by the district superintendent to contract with aprivate individual or business entity for personal services that, as of January 1, 2007, are provided by represented employees of the LAUSD shall comply with Section 45103.1.
(b) The district superintendent shall have the authority to make decisions regarding litigation involving the LAUSD, including, but not limited to, nonmonetary settlements involving injunctive relief related to matters within the responsibility of the district superintendent. For purposes of this authority, Section 35190 does not apply to the LAUSD.
(c) The intent of the Legislature in enacting this section is to transfer the responsibility for fiscal operations from the board to the district superintendent. This section does not alter the requirements related to the employment rights of any district employees pursuant to Part 25 (commencing with Section 44000) of the Education Code or Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, or any applicable collective bargaining agreement or contract. This section does not alter any law regarding the procedures for school districts to
execute or amend contracts.
35913. (a) The district superintendent annually shall present a proposed budget for the LAUSD for the succeeding fiscal year at a public meeting of the council of mayors established pursuant to Article 3 (commencing with Section 35920) to be held in May of each year.
(b) The council of mayors shall have an opportunity to review and comment on the proposed budget prior to the consideration and adoption of the budget by the board.
(c) The board shall have the final approval of any revenue and expenditure allocations at the object-level, which includes categories of expenditures, but not the individual line item level of expenditures proposed within those categories. The board shall approve any revisions of the budget that would result in a change of revenue or proposed object-level expenditure. The board or the
council of mayors shall not revise proposed expenditures that are more specific than object-level expenditures, including, but not limited to, line-item level of expenditures.
(d) The district superintendent is responsible for performing fiscal reporting requirements to the county office of education, the department, and Superintendent.
35914. (a) The board shall employ administrative staff that serves the board. Individual members of the board shall not employ administrative staff. The board shall have the power to make the employment decisions related to the staff, except to the extent that it would violate the terms of any applicable collective bargaining agreement or contract under which the staff are employed.
(b) The district superintendent shall manage all personnel of the LAUSD other than the administrative staff of the board, except that the board shall retain the power to appoint and to make other employment decisions related to the inspector general of the LAUSD pursuant to Section 35400.
35915. (a) The district superintendent and board, when selecting curriculum and instructional materials, shall ensure that:
(1) Teachers and certificated staff have an authentic and central
role.
(2) A majority of curriculum committee participants are classroom teachers.
(3) Basic instructional materials for kindergarten and grades 1 to 8, inclusive, are state board adopted materials.
(4) Basic instructional materials for grades 9 to 12, inclusive, are aligned to state content standards, if content standards exist for the applicable subjects.
(5) There is a wide selection of supplemental instructional materials that are consistent with the needs of pupils and available for use at schoolsites.
(b) The board shall retain its authority to establish the requirements for graduation from high school pursuant to paragraph (2) of subdivision (a) of Section 51225.3.
35916. (a) (1) The district superintendent shall develop and manage a facilities program for the LAUSD. This program may include, but not be limited to, the development of a strategic plan regarding facilities for the LAUSD and the management of all phases of construction of school facilities of the district.
(2) The council of mayors established pursuant to Section 35920 shall advise the district superintendent regarding the facilities program pursuant to the authority granted to the council under subdivisions (a) and (b) of Section 35923. However, notwithstanding that authority, the district superintendent shall retain all decision making power regarding the facilities program.
(3) The LAUSD, through the district superintendent, is subject to all laws regarding the review and approval of decisions of the district by state agencies regarding school facilities of the district.
(b) Eminent domain proceedings related to school facilities of the district require the approval of the board.
Article 3. Council of Mayors
35920. (a) The council of mayors is hereby established and shall be comprised of the mayors of each city any part of which is located within the attendance boundaries of the LAUSD and each member of the Los Angeles County Board of Supervisors whose supervisorial district includes any unincorporated portion of the county that is located within the attendance boundaries of the LAUSD.
(b) In exercising any of the duties described in this chapter, the council of mayors shall act by a majority of the weighted vote of the total membership of the council. The weighted vote of each member of the council of mayors is equal to the proportion of the population of the LAUSD that are residents of the city of the individual member, or unincorporated area of the county for any member of the county board of supervisors, to the total population of residents of the LAUSD.
35921. (a) Notwithstanding any other provision of law, the council of mayors may select a representative to participate in all aspects of the selection and evaluation by board of the district superintendent, including, but not limited to, the search for potential candidates and the setting of compensation. This right includes access, by the representative of the council of mayors, to closed session meetings of the board in which any of these matters
regarding the selection and evaluation of the district superintendent are to be discussed.
(b) The appointment, contract term, contract renewal, or removal of the district superintendent shall be ratified by the council of mayors. If the council of mayors fails to act within 30 days of the submission of one of these actions by the board, the action shall be deemed ratified.
(c) The council of mayors and its representative shall comply with all legal requirements applicable to the board and its members concerning the matters set forth in this subdivision, including, but not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code) and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
35922. The district superintendent shall provide each School Accountability Report Card required by Section 35256 for each school of the LAUSD to the council of mayors on an annual basis for review and comment. Each School Accountability Report Card shall be provided to the council of mayors at least two weeks before the report cardis released to the public.
35923. The council of mayors shall have all of the following roles:
(a) Oversight over an expanded and transparent process for creating, coordinating, supporting, and completing joint-use projects that involve the LAUSD.
(b) Providing local governmental input in the development of school construction strategic plans and determining the location of school sites for the LAUSD.
(c) In cooperation with the LAUSD, conducting and reviewing an asset management audit to ensure greater coordination in the delivery of local governmental services for children and families within the LAUSD and between local governmental and LAUSD public safety departments.
Article 4. The Los Angeles Mayor's Community Partnership for
School Excellence
35930. This article shall be known, and may be cited, as "The Los Angeles Mayor's Community Partnership for School Excellence."
35931. (a) The Mayor of the City of Los Angeles, in partnership with the LAUSD, parent and community leaders and organizations, and school personnel and employee organizations, shall, as part of a demonstration project, have oversight over three clusters of the lowest-performing schools in different geographic areas within the LAUSD. Each cluster shall include a high school that is ranked in
decile 1 on the Academic Performance Index, pursuant to Section 52056, and its feeder middle and elementary schools.
(b) The high schools for each cluster shall be selected by the mayor and the district superintendent, and shall take into account the academic status of each school and the interests of the school community. If the mayor and the district superintendent do not agree on the high school for the first cluster on or before February 1,2007, for the second cluster on or before March 1, 2007, and for the
third cluster on or before April 1, 2007, the Superintendent shall select the high school for the cluster within 30 days of the applicable deadline. These deadlines are maximum time periods, but all parties shall act with diligence to permit achievement of the objective of each cluster joining the demonstration project in the 2007-08 school year.
(c) The purpose of the demonstration project is as follows:
(1) To achieve all of the following pupil learning expectations:
(A) Significantly improved pupil learning based on the academic standards of the state, graduation requirements, and other standards that may be developed by the partnership described in subdivision(a).
(B) Significantly improved graduation rates and significantly reduced dropout rates.
(C) A reduction in the academic achievement gap between Latino, African-American, White, and Asian pupils, so that all pupils are attaining similar, acceptable levels of academic achievement.
(D) Parent satisfaction with the schools that their children attend.
(E) English language learner success.
(2) To achieve all of the following school expectations:
(A) All schools are clean and safe places for pupils and school staff.
(B) Each pupil has a qualified teacher who has had appropriate professional development for the grade or grades and subject or subjects that he or she teaches.
(C) Each school has a principal who has had high quality
professional development to improve his or her ability as an educational leader to assist in improving teaching and learning, in building strong educational teams, and in promoting parental involvement and community relations.
(D) Transparency in the fiscal affairs of the operations of each school.
(E) Teachers and parents are full partners in the decisions that affect the schools.
(F) The school community is held accountable for the achievement of the goals described in this section.
35932. (a) Notwithstanding any other provisions of law, and except for the authority to negotiate collective bargaining agreements, all authority exercised by the board and the district superintendent with respect to the schools in the demonstration project shall be transferred to the partnership described in subdivision (a) of Section 35931, which is directed by the mayor. In a manner consistent with districtwide collective bargaining agreements, the partnership shall seek waivers from the state board
and authority to operate the schools in the demonstration project with maximum flexibility and efficiency.
(b) The schools in the demonstration project shall continue to exist as district schools and shall not be deemed to be charter schools.
(c) The schools in the demonstration project shall continue to be funded with existing resources, including appropriate average daily attendance revenue and categorical funding generated by, or granted based on, the pupils in the schools in each cluster, and private donations.
Article 5. Program Evaluation
35940. (a) The Legislative Analyst shall contract for an evaluator to perform all of the following:
(1) Conduct an interim evaluation of the effectiveness of the programs authorized under this chapter to be completed on or before January 1, 2009.
(2) Conduct a final evaluation to be completed by January 1, 2011.
(3) Report to the Legislature and the Governor on the final evaluation completed pursuant to paragraph (2) and, in that report, make recommendations to continue, modify, or terminate the programs by January 1, 2011, based upon the results in meeting the measurements described in subdivision (b).
(b) The evaluation of the effectiveness of the programs shall be based on a comparison of the LAUSD and its component schools and pupils in 2006 relative to the time of the evaluation of the LAUSD and its component schools and pupils. The evaluation shall include, but not be limited to, all of the following:
(1) Whether schools participating in the Los Angeles Mayor's Community Partnership for School Excellence, other schools in the LAUSD, and the LAUSD as a whole accomplished the following:
(A) Significantly improved pupil learning based on the academic standards of the state, graduation requirements, and other standards for assessing the achievement of pupils.
(B) Significantly improved graduation rates and significantly reduced dropout rates.
(C) Reduced the academic achievement gap between Latino,
African-American, White, and Asian pupils, so that all pupils are attaining similar, acceptable levels of academic achievement.
(D) Provided parent satisfaction with the schools that their children attend.
(E) Ensured English language learner success.
(2) Whether schools participating in the Los Angeles Mayor's Community Partnership for School Excellence, other schools in the LAUSD, and the LAUSD as a whole accomplished, and to what degree they accomplished, the following:
(A) Made all schools clean and safe places for pupils and school staff.
(B) Ensured that each pupil has a qualified teacher who has had appropriate professional development for the one or more grades and subjects that he or she teaches.
(C) Ensured that each school has a principal who has had high quality professional development to improve his or her ability as an educational leader to assist in improving teaching and learning at the school to which he or she is assigned, in building strong educational teams, and in promoting parental involvement and community relations.
(D) Ensured transparency in the fiscal affairs of the schools and district.
(E) Made teachers and parents full partners in the decisions that affect schools.
(F) Decentralized the district to reduce bureaucracy and to transfer resources to schools and classrooms.
(G) Ensured that class sizes are at or below statewide averages for the corresponding grade levels.
(H) Ensured that the district and schools are able to attract and retain quality teachers.
(I) Held the school community segments accountable for the achievement of the above-described goals.
Article 6. Repeal
35950. This chapter shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that have resulted in the Los Angeles Unified School District facing more serious challenges to the achievement of pupils and schools than most other school districts.
SEC. 4. 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 costsshall be made pursuant to Part 7 (commencing with Section 17500) ofDivision 4 of Title 2 of the Government Code. All matteromitted in this version of the bill appears in the bill as amended in Assembly, January 24, 2006 (JR11)
BILL NUMBER: AB 1381 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2006
AMENDED IN ASSEMBLY JANUARY 24, 2006
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY MAY 2, 2005
INTRODUCED BY Assembly Member Nunez
( Principal coauthors:
Assembly Members Frommer and Wyland
)
( Principal coauthors:
Senators Perata and Romero )
FEBRUARY 22, 2005
An act to amend Sections 51795, 51796, 51797, and 51798
of, and to add Section 51796.5 to, the Education Code, and to amend
Section 40507 of the Public Resources Code, relating to school
gardens. An act to amend Section 35400 of, and to add
and repeal Chapter 5 (commencing with Section 35900) of Part 21 of,
the Education Code, relating to school district governance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1381, as amended, Nunez School instructional gardens:
pupil nutrition. School district governance: Los
Angeles Unified School District.
(1) Existing law authorizes the Inspector General of the Los
Angeles Unified School District to conduct specified audits,
investigations, and related activities.
This bill would require the inspector general be appointed by the Los Angeles Unified School District Board of Education and that all employment decisions related to the inspector general would be managed by the board in a manner consistent with any existing contracts under which the inspector general is employed.
(2) Existing law requires every school district to be under the
control of a board of school trustees or a board of education.
Existing law requires any unified school district which is
coterminous with or includes within its boundaries a chartered city
or city and county to be governed by the board of education provided for in the charter of the city or city and county. Existing law authorizes the governing board of any school district employing 8 or more teachers to employ a district superintendent for one or more schools and to define the duties of the superintendent.
Existing law authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the State Board of Education to waive all or part of any provision of the Education Code or any
regulation adopted by the state board that implements a provision of that code, except for specified provisions. Existing law requires that a properly submitted waiver request be deemed granted and approved for one year, commencing the first day of the following month, if the state board fails to take action on the request by its second regular meeting after the receipt of the request.
Existing law, the California Constitution, requires the state board to adopt instructional materials for grades 1 to 8, inclusive.
Existing statutory law requires the governing board of a school district to adopt instructional materials for use in the high schools under its control. Existing law requires the state board to adopt content standards in defined curricula, as specified.
Existing law requires the governing board of each school district to develop and cause to be implemented for each school in the school district a School Accountability Report Card.
This bill would permit the Superintendent of the Los Angeles Unified School District to request, after a public hearing, that the state board waive all or part of any section of the Education Code, except as specified, and would deem the waiver granted for two years,
commencing the first day of the following month, if the state board fails to take action on the request by its second regular meeting after, or 60 days after, receipt of the request, whichever is sooner.
The bill would require a request for a waiver to include specified written statements if the exclusive representative of employees responds with its position on the proposed waiver within 2 weeks of its receipt of the request from the district superintendent.
This bill would authorize the district superintendent to appoint and dismiss the personnel of his or her office, and to appoint and dismiss a principal of a school within the Los Angeles Unified School District (LAUSD) after consultation with parents of pupils enrolled at the school to which the principal is assigned, community leaders, and school site personnel, subject to ratification by the LAUSD Board of Education. The bill would limit the authority of the district superintendent by requiring that those employment decisions be in conformance with applicable collective bargaining agreements and contracts and in a manner that is consistent with other specified provisions.
This bill would grant the district superintendent authority over the fiscal operations of the LAUSD, including, but not limited to, the negotiation and execution of contracts, subject to all other requirements of law. The bill would limit the authority of the district superintendent to contract with private parties regarding the personal services that, as of January 1, 2007, are provided by represented employees of the LAUSD, as specified. The bill would authorize the district superintendent to make decisions regarding litigation involving the LAUSD, and, for purposes of this authority, would exempt the LAUSD from the provision regarding the electors of a school district being able to petition to vote on a settlement, as specified.
The bill would limit the authority of the district superintendent by requiring that any decisions impacting the employment rights of LAUSD employees not conflict with specified provisions regarding employment.
This bill would require the district superintendent to annually present a proposed budget for the LAUSD for the succeeding fiscal year to the council of mayors established by this bill at a public meeting in May of each year for its review and comment prior to the adoption of the budget by the LAUSD board. The bill would grant the LAUSD board the authority to provide the final approval of any revenue and expenditure allocations at the object level and to approve any budget revisions that would result in a change in revenue or object level expenditure allocations, but would limit the authority of the LAUSD board and the council of mayors to budgetary matters no more specific than the object level. The bill would require the district superintendent to be responsible for fiscal reporting requirements to the county board of education, the State Department of Education, and the Superintendent of Public Instruction.
This bill would require the administrative staff of the LAUSD to be employed by the district and not by individual LAUSD board members. The bill would grant the LAUSD board the power to make employment decisions related to the staff that are not inconsistent with any collective bargaining agreement or contract. The bill would require the district superintendent to manage all LAUSD personnel other than the staff of the LAUSD board, except the inspector general of the LAUSD.
This bill would require the district superintendent and board, when selecting curriculum and instructional materials, to ensure that teachers and certificated staff have an authentic and central role; a majority of curriculum committee participants are classroom teachers; basic instructional materials for kindergarten and grades 1 to 8, inclusive, are state board adopted materials; basic
instructional materials for grades 9 to 12, inclusive, are aligned to state content standards, if content standards exist for the applicable subjects; and there is a wide selection of supplemental instructional materials that are consistent with the needs of pupils and available for use at school sites.
This bill requires the district superintendent to develop and manage a facilities program for the LAUSD, as specified. The bill requires the council of mayors to advise the district superintendent regarding the facilities program pursuant to specified authority, but requires that the district superintendent retain all decision making power regarding the facilities program. The bill expresses the intent of the Legislature that the district superintendent take over and be responsible for all district-level, rather than school-level, requirements related to facilities, and that the LAUSD, through the district superintendent, remain subject to all laws regarding the review and approval of decisions of the district by state agencies regarding school facilities of the district. The bill provides that any eminent domain proceedings related to school facilities of the LAUSD require approval by the LAUSD board.
This bill would establish the council of mayors, composed of certain city mayors and county board of supervisors within the boundaries of the LAUSD. The bill would authorize the council of mayors to select a representative and have that representative participate in all aspects of the selection and evaluation by the LAUSD board of the district superintendent, as provided; would require the appointment, contract term, contract renewal, or involuntary removal of the district superintendent to be ratified by the council of mayors; and would require the district superintendent to provide, as specified, each School Accountability Report Card for each school of the district to the council of mayors on an annual basis for review and comment. The bill would also require the council of mayors to have certain roles, including, among others, oversight over the creation, coordination, support, and completion of joint-use projects involving the LAUSD and providing local governmental input in the development of school construction strategic plans and determining school site locations for the district.
This bill would require the Mayor of the City of Los Angeles, in partnership with the LAUSD, parent and community leaders and organizations, and school personnel and employee organizations, to, as part of a demonstration project, have oversight over three clusters of the lowest-performing schools in different geographic areas within the City of Los Angeles. The bill would require each cluster to include a high school that is ranked in decile 1 of the
Academic Performance Index and its feeder middle and elementary schools. The bill would require the high schools for each cluster to be selected by the Los Angeles Mayor and the district superintendent within specified timelines, and would require the Superintendent of Public Instruction to make that selection if the selection is not made within the deadline. The bill would specify the purposes of the
demonstration project. The bill would require all authority exercised by the LAUSD board and the district superintendent with respect to the schools in the demonstration project to be transferred to the partnership, except as specified. The bill would provide that the schools in the demonstration project continue to exist as district schools and continue to be funded with existing resources and private donations.
This bill would require the Legislative Analyst to contract for an evaluator to conduct an interim evaluation of the effectiveness of the specified LAUSD programs to be completed on or before January 1,2009; conduct a final evaluation to be completed by January 1, 2011; and report to the Legislature and the Governor on the final evaluation, including recommendations to continue, modify, or terminate the programs, by January 1, 2011, based upon the results in meeting specified measurements of the effectiveness of the programs based on a comparison of the LAUSD and its component schools and pupils in 2006 relative to the time of the evaluation of the LAUSD and its component schools and pupils. The bill would require the evaluation to include, but not be limited to, whether schools participating in the Los Angeles Mayor's Community Partnership for School Excellence, other schools in the LAUSD, and the LAUSD as a whole accomplished, and, in specified instances, to what degree they accomplished, specific goals.
This bill would repeal these provisions as of January 1, 2013.
To the extent this bill would impose additional duties on officials of local agencies and local educational agencies, this bill would impose a state-mandated local program.
(3) This bill would declare that, due to special circumstances applicable to the LAUSD, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution, and the enactment of a special statute is therefore necessary.
(4) 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.
(1) Existing law establishes the Instructional School Gardens
Program for the promotion, creation, and support of instructional
school gardens by eligible educational agencies, as defined. Existing
law requires that the program be administered by the State
Department of Education through the allocation of one-time grants and
technical assistance to applicant eligible education agencies.
Existing law authorizes the department to consult with the Integrated
Waste Management Board and public institutions of higher education,
regarding curriculum development and evaluation of any program
established pursuant to the Instructional School Gardens Program.
This bill instead would require the Integrated Waste Management
Board to administer the program, in consultation with the State
Department of Education, the Department of Food and Agriculture, and
the State Department of Health Services. This bill would align the
program with the statewide environmental education program and would
include an agricultural education component in the program. This bill
would provide that educational agencies interested in participating
in the Instructional School Gardens Program apply to the board for
funding. This bill authorizes the board to establish an advisory
group involving other agencies and groups with expertise in
instructional school gardens, to provide technical assistance,
resources, in-kind support, site visits, and other related forms of
support.
This bill would require educational agencies applying for funding
to provide the goals and objectives for their instructional school
garden and a plan detailing how they plan to meet the goals and
objectives. This bill would limit the use of funding for the program
to costs directly related to implementing the instructional school
garden and would prohibit the use of more than 5% of the funding
awarded for administrative costs.
(2) Existing law requires the Integrated Waste Management Board to
give preferential consideration during its annual discretionary
grant funding process to providing an appropriate level of funding to
the program.
This bill instead would establish the Instructional School Garden
Account within the State Treasury and would permit the board to
expend money from the account upon appropriation by the Legislature.
This bill would allow the board to accept and receive funding and
other contributions from federal, state, and local sources as well as
from public and private organizations and individuals. This bill
would permit proceeds from court judgments that have been designated
for instructional programs or instructional school gardens to be
included within the account. This bill also would authorize the board
to accept nonmonetary contributions. This bill would require the
transfer of $100,000 each year for 5 years from the Integrated Waste
Management Account into the Instructional School Garden Account.
(3) Existing law provides that the program will be implemented
only if funds are available for it.
This bill would specify that the funding necessary for
implementation is the funding received by the board and included
within the Instructional School Garden Account.
(4) Existing law requires the board to file annual progress
reports with the Legislature regarding specified programs that the
board undertakes, including, but not limited to, the public education
program.
This bill would add a report on the status and effectiveness of
the Instructional School Gardens Program to the required reports.
This bill would also delete an obsolete reference and would make
other, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35400 of the
Education Code is amended to read:
35400. (a) The Los Angeles Unified School District Board of Education shall appoint an inspector general and shall make any employment decisions related to the inspector general, except to the extent that a decision violates the terms of the employment contract under which the inspector general is employed as of January 1, 2007.
(a)
(b) The inspector general of the Los Angeles
Unified School District's Inspector General of the Office
of the Inspector General District is authorized
to conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to
the inquiry or investigation undertaken by the inspector general when he or she has a reasonable suspicion that a law, regulation, rule, or district policy has been violated or is being violated. For purposes of this section, "reasonable suspicion" means that the circumstances known or apparent to the inspector general include specific and articulable facts causing him or her to suspect that a
material violation of law, regulation, rule, or district policy hasoccurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or district bulletin policy has occurred or is occurring.
(b)
(c) Subpoenas shall be served in the manner provided by
law for service of summons. Any subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.
(c)
(d) For purposes of this section, Sections 11184,
11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior
Court for the County of Los Angeles.
(d)
(e) Notwithstanding any other provision of the law, any
person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent
violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
(e)
(f) The inspector general shall submit an interim
report to the Legislature by July 1, 2000, annual interim reports by July 1 of each succeeding year, and a final cumulative report by December 1, 2014, on all of the following:
(1) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector general's duties.
(2) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the court's order.
(3) Any referral to the local district attorney
or the Attorney General where if the
district attorney or Attorney General declined to investigate the
matter further or declined to prosecute.
(f)
(g) This article shall remain in effect only until
January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.
SEC. 2. Chapter 5 (commencing with Section 35900)
is added to Part 21 of the Education Code , to
read:
CHAPTER 5. LOS ANGELES UNIFIED SCHOOL DISTRICT
ADMINISTRATION
Article 1. General Provisions
35900. (a) The Legislature finds and declares both of the
following:
(1) As the largest school district in California and an urbanb district with high numbers of pupils from historically disadvantaged groups, the Los Angeles Unified School District has unique challenges and resources that require and deserve special attention to ensure that all pupils are given the opportunity to reach their full potential.
(2) The freedom to deviate from the strictures of generally applicable education statutes and regulations while maintaining the constant commitment to fairness and equity, and to increasing achievement among all pupils regardless of background, is central to the success of quality schools in California and is appropriate, as a
concept, for the unique circumstances of the Los Angeles Unified School District.
(b) It is the intent of the Legislature that the Los Angeles Unified School District achieve the following pupil learning expectations through the enactment of this chapter:
(1) Significantly improved pupil learning based on the academic standards of the state, graduation requirements, and other standards for assessing the achievement of pupils.
(2) Significantly improved graduation rates and significantly
reduced dropout rates.
(3) A reduction in the academic achievement gap between Latino, African-American, White, and Asian pupils so that all pupils are attaining similar, acceptable levels of academic achievement.
(4) Parent satisfaction with the schools that their children attend.
(5) English language learner success.
(c) It is the intent of the Legislature that the schools and administration of the Los Angeles Unified School District ensure that:
(1) All schools are clean and safe places for pupils and school staff.
(2) Each pupil has a qualified teacher who has had appropriate professional development for the one or more grades and subjects that he or she teaches.
(3) Each school has a principal who has had high quality
professional development to improve his or her ability as an educational leader to assist in improving teaching and learning at the school to which he or she is assigned, in building strong educational teams, and in promoting parental involvement and community relations.
(4) There is transparency in the fiscal affairs of the schools and the school district.
(5) Teachers and parents are full partners in the decisions that affect schools.
(6) The district is decentralized to reduce bureaucracy and transfer resources to schools and classrooms.
(7) Class sizes are at or below statewide averages for the corresponding grade levels.
(8) The school community is held accountable for the achievement of the goals described in this section.
(d) It is further the intent of the Legislature that, in
performing the school-related duties set forth in this chapter, the council of mayors described in Section 35920 and the partnership described in Section 35931, which includes the Mayor of the City ofLos Angeles, function as local educational agencies authorized tomaintain public schools, similar to a school district or county office of education. The council of mayors and the partnership are, therefore, a part of the public school system of the state in performing the duties established in this chapter within the meaning of Section 6 of Article IX of the California Constitution.
35901. For purposes of this chapter, the following terms have the following meanings, unless the context in which they appear clearly requires otherwise:
(a) "Board" means the Los Angeles Unified School District Board of Education.
(b) "District superintendent" means the Superintendent of the Los Angeles Unified School District.
(c) "LAUSD" means the Los Angeles Unified School District.
Article 2. Operational Flexibility
35910. (a) Notwithstanding Section 33050, the district
superintendent, on a districtwide basis or on behalf of one or more of the schools or programs of the LAUSD, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code, except that a waiver of the provisions specified in subdivisions (a), (b), and (c) of Section 33050, or of any law that cannot constitutionally be waived, shall not be requested or granted.
(b) A request for a waiver made pursuant to this section shall include the written statement required pursuant to subdivision (d) of Section 33050 if the exclusive representative of employees specified in that section responds with its position on any proposed waiver within two weeks of its receipt of a request from the district superintendent.
(c) If the state board does not approve or deny a waiver request submitted by the district superintendent pursuant to this section by the completion of the second regular meeting of the state board after, or within 60 days of, receiving the request, whichever date is sooner, the request shall be deemed approved for two years, commencing the first day of the following month.
35911. (a) The district superintendent shall have the authority to appoint and dismiss the personnel of the Office of Superintendent of the LAUSD.
(b) The district superintendent shall have the authority to appoint and dismiss a principal of a school within the LAUSD after consultation with community leaders, schoolsite personnel, and parents of pupils enrolled at the school to which the principal is assigned. However, the appointment or dismissal of a principal pursuant to this subdivision is subject to ratification by the board.
(c) Employment actions made by the district superintendent pursuant to this section shall conform with any collective bargaining agreements or contracts under which an employee is employed.
(d) The intent of the Legislature in enacting this section is to transfer the responsibility for the applicable employment decisions from the board to the district superintendent, except as specified.
This section does not alter Part 25 (commencing with Section 44000)of the Education Code or Chapter 10.7 (commencing with Section 3540)of Division 4 of Title 1 of the Government Code, except to the extent that the authority over the applicable employment decisions is expressly transferred to the district superintendent.
35912. (a) (1) The district superintendent shall have the authority over the fiscal operations of the LAUSD, including, but not limited to, the negotiation and execution of contracts. For purposes of negotiating and executing contracts, the district superintendent is subject to the otherwise applicable requirements of law, including statutory or regulatory competitive bidding procedures and best contracting practices.
(2) A decision by the district superintendent to contract with aprivate individual or business entity for personal services that, as of January 1, 2007, are provided by represented employees of the LAUSD shall comply with Section 45103.1.
(b) The district superintendent shall have the authority to make decisions regarding litigation involving the LAUSD, including, but not limited to, nonmonetary settlements involving injunctive relief related to matters within the responsibility of the district superintendent. For purposes of this authority, Section 35190 does not apply to the LAUSD.
(c) The intent of the Legislature in enacting this section is to transfer the responsibility for fiscal operations from the board to the district superintendent. This section does not alter the requirements related to the employment rights of any district employees pursuant to Part 25 (commencing with Section 44000) of the Education Code or Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, or any applicable collective bargaining agreement or contract. This section does not alter any law regarding the procedures for school districts to
execute or amend contracts.
35913. (a) The district superintendent annually shall present a proposed budget for the LAUSD for the succeeding fiscal year at a public meeting of the council of mayors established pursuant to Article 3 (commencing with Section 35920) to be held in May of each year.
(b) The council of mayors shall have an opportunity to review and comment on the proposed budget prior to the consideration and adoption of the budget by the board.
(c) The board shall have the final approval of any revenue and expenditure allocations at the object-level, which includes categories of expenditures, but not the individual line item level of expenditures proposed within those categories. The board shall approve any revisions of the budget that would result in a change of revenue or proposed object-level expenditure. The board or the
council of mayors shall not revise proposed expenditures that are more specific than object-level expenditures, including, but not limited to, line-item level of expenditures.
(d) The district superintendent is responsible for performing fiscal reporting requirements to the county office of education, the department, and Superintendent.
35914. (a) The board shall employ administrative staff that serves the board. Individual members of the board shall not employ administrative staff. The board shall have the power to make the employment decisions related to the staff, except to the extent that it would violate the terms of any applicable collective bargaining agreement or contract under which the staff are employed.
(b) The district superintendent shall manage all personnel of the LAUSD other than the administrative staff of the board, except that the board shall retain the power to appoint and to make other employment decisions related to the inspector general of the LAUSD pursuant to Section 35400.
35915. (a) The district superintendent and board, when selecting curriculum and instructional materials, shall ensure that:
(1) Teachers and certificated staff have an authentic and central
role.
(2) A majority of curriculum committee participants are classroom teachers.
(3) Basic instructional materials for kindergarten and grades 1 to 8, inclusive, are state board adopted materials.
(4) Basic instructional materials for grades 9 to 12, inclusive, are aligned to state content standards, if content standards exist for the applicable subjects.
(5) There is a wide selection of supplemental instructional materials that are consistent with the needs of pupils and available for use at schoolsites.
(b) The board shall retain its authority to establish the requirements for graduation from high school pursuant to paragraph (2) of subdivision (a) of Section 51225.3.
35916. (a) (1) The district superintendent shall develop and manage a facilities program for the LAUSD. This program may include, but not be limited to, the development of a strategic plan regarding facilities for the LAUSD and the management of all phases of construction of school facilities of the district.
(2) The council of mayors established pursuant to Section 35920 shall advise the district superintendent regarding the facilities program pursuant to the authority granted to the council under subdivisions (a) and (b) of Section 35923. However, notwithstanding that authority, the district superintendent shall retain all decision making power regarding the facilities program.
(3) The LAUSD, through the district superintendent, is subject to all laws regarding the review and approval of decisions of the district by state agencies regarding school facilities of the district.
(b) Eminent domain proceedings related to school facilities of the district require the approval of the board.
Article 3. Council of Mayors
35920. (a) The council of mayors is hereby established and shall be comprised of the mayors of each city any part of which is located within the attendance boundaries of the LAUSD and each member of the Los Angeles County Board of Supervisors whose supervisorial district includes any unincorporated portion of the county that is located within the attendance boundaries of the LAUSD.
(b) In exercising any of the duties described in this chapter, the council of mayors shall act by a majority of the weighted vote of the total membership of the council. The weighted vote of each member of the council of mayors is equal to the proportion of the population of the LAUSD that are residents of the city of the individual member, or unincorporated area of the county for any member of the county board of supervisors, to the total population of residents of the LAUSD.
35921. (a) Notwithstanding any other provision of law, the council of mayors may select a representative to participate in all aspects of the selection and evaluation by board of the district superintendent, including, but not limited to, the search for potential candidates and the setting of compensation. This right includes access, by the representative of the council of mayors, to closed session meetings of the board in which any of these matters
regarding the selection and evaluation of the district superintendent are to be discussed.
(b) The appointment, contract term, contract renewal, or removal of the district superintendent shall be ratified by the council of mayors. If the council of mayors fails to act within 30 days of the submission of one of these actions by the board, the action shall be deemed ratified.
(c) The council of mayors and its representative shall comply with all legal requirements applicable to the board and its members concerning the matters set forth in this subdivision, including, but not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code) and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
35922. The district superintendent shall provide each School Accountability Report Card required by Section 35256 for each school of the LAUSD to the council of mayors on an annual basis for review and comment. Each School Accountability Report Card shall be provided to the council of mayors at least two weeks before the report cardis released to the public.
35923. The council of mayors shall have all of the following roles:
(a) Oversight over an expanded and transparent process for creating, coordinating, supporting, and completing joint-use projects that involve the LAUSD.
(b) Providing local governmental input in the development of school construction strategic plans and determining the location of school sites for the LAUSD.
(c) In cooperation with the LAUSD, conducting and reviewing an asset management audit to ensure greater coordination in the delivery of local governmental services for children and families within the LAUSD and between local governmental and LAUSD public safety departments.
Article 4. The Los Angeles Mayor's Community Partnership for
School Excellence
35930. This article shall be known, and may be cited, as "The Los Angeles Mayor's Community Partnership for School Excellence."
35931. (a) The Mayor of the City of Los Angeles, in partnership with the LAUSD, parent and community leaders and organizations, and school personnel and employee organizations, shall, as part of a demonstration project, have oversight over three clusters of the lowest-performing schools in different geographic areas within the LAUSD. Each cluster shall include a high school that is ranked in
decile 1 on the Academic Performance Index, pursuant to Section 52056, and its feeder middle and elementary schools.
(b) The high schools for each cluster shall be selected by the mayor and the district superintendent, and shall take into account the academic status of each school and the interests of the school community. If the mayor and the district superintendent do not agree on the high school for the first cluster on or before February 1,2007, for the second cluster on or before March 1, 2007, and for the
third cluster on or before April 1, 2007, the Superintendent shall select the high school for the cluster within 30 days of the applicable deadline. These deadlines are maximum time periods, but all parties shall act with diligence to permit achievement of the objective of each cluster joining the demonstration project in the 2007-08 school year.
(c) The purpose of the demonstration project is as follows:
(1) To achieve all of the following pupil learning expectations:
(A) Significantly improved pupil learning based on the academic standards of the state, graduation requirements, and other standards that may be developed by the partnership described in subdivision(a).
(B) Significantly improved graduation rates and significantly reduced dropout rates.
(C) A reduction in the academic achievement gap between Latino, African-American, White, and Asian pupils, so that all pupils are attaining similar, acceptable levels of academic achievement.
(D) Parent satisfaction with the schools that their children attend.
(E) English language learner success.
(2) To achieve all of the following school expectations:
(A) All schools are clean and safe places for pupils and school staff.
(B) Each pupil has a qualified teacher who has had appropriate professional development for the grade or grades and subject or subjects that he or she teaches.
(C) Each school has a principal who has had high quality
professional development to improve his or her ability as an educational leader to assist in improving teaching and learning, in building strong educational teams, and in promoting parental involvement and community relations.
(D) Transparency in the fiscal affairs of the operations of each school.
(E) Teachers and parents are full partners in the decisions that affect the schools.
(F) The school community is held accountable for the achievement of the goals described in this section.
35932. (a) Notwithstanding any other provisions of law, and except for the authority to negotiate collective bargaining agreements, all authority exercised by the board and the district superintendent with respect to the schools in the demonstration project shall be transferred to the partnership described in subdivision (a) of Section 35931, which is directed by the mayor. In a manner consistent with districtwide collective bargaining agreements, the partnership shall seek waivers from the state board
and authority to operate the schools in the demonstration project with maximum flexibility and efficiency.
(b) The schools in the demonstration project shall continue to exist as district schools and shall not be deemed to be charter schools.
(c) The schools in the demonstration project shall continue to be funded with existing resources, including appropriate average daily attendance revenue and categorical funding generated by, or granted based on, the pupils in the schools in each cluster, and private donations.
Article 5. Program Evaluation
35940. (a) The Legislative Analyst shall contract for an evaluator to perform all of the following:
(1) Conduct an interim evaluation of the effectiveness of the programs authorized under this chapter to be completed on or before January 1, 2009.
(2) Conduct a final evaluation to be completed by January 1, 2011.
(3) Report to the Legislature and the Governor on the final evaluation completed pursuant to paragraph (2) and, in that report, make recommendations to continue, modify, or terminate the programs by January 1, 2011, based upon the results in meeting the measurements described in subdivision (b).
(b) The evaluation of the effectiveness of the programs shall be based on a comparison of the LAUSD and its component schools and pupils in 2006 relative to the time of the evaluation of the LAUSD and its component schools and pupils. The evaluation shall include, but not be limited to, all of the following:
(1) Whether schools participating in the Los Angeles Mayor's Community Partnership for School Excellence, other schools in the LAUSD, and the LAUSD as a whole accomplished the following:
(A) Significantly improved pupil learning based on the academic standards of the state, graduation requirements, and other standards for assessing the achievement of pupils.
(B) Significantly improved graduation rates and significantly reduced dropout rates.
(C) Reduced the academic achievement gap between Latino,
African-American, White, and Asian pupils, so that all pupils are attaining similar, acceptable levels of academic achievement.
(D) Provided parent satisfaction with the schools that their children attend.
(E) Ensured English language learner success.
(2) Whether schools participating in the Los Angeles Mayor's Community Partnership for School Excellence, other schools in the LAUSD, and the LAUSD as a whole accomplished, and to what degree they accomplished, the following:
(A) Made all schools clean and safe places for pupils and school staff.
(B) Ensured that each pupil has a qualified teacher who has had appropriate professional development for the one or more grades and subjects that he or she teaches.
(C) Ensured that each school has a principal who has had high quality professional development to improve his or her ability as an educational leader to assist in improving teaching and learning at the school to which he or she is assigned, in building strong educational teams, and in promoting parental involvement and community relations.
(D) Ensured transparency in the fiscal affairs of the schools and district.
(E) Made teachers and parents full partners in the decisions that affect schools.
(F) Decentralized the district to reduce bureaucracy and to transfer resources to schools and classrooms.
(G) Ensured that class sizes are at or below statewide averages for the corresponding grade levels.
(H) Ensured that the district and schools are able to attract and retain quality teachers.
(I) Held the school community segments accountable for the achievement of the above-described goals.
Article 6. Repeal
35950. This chapter shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.
SEC. 3. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances that have resulted in the Los Angeles Unified School District facing more serious challenges to the achievement of pupils and schools than most other school districts.
SEC. 4. 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 costsshall be made pursuant to Part 7 (commencing with Section 17500) ofDivision 4 of Title 2 of the Government Code. All matteromitted in this version of the bill appears in the bill as amended in Assembly, January 24, 2006 (JR11)
posted by David Hernandez @ 2:30 PM
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