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Two-Year Education Bills Held Over at Capitol

Staff Report from Association of California School Administrators (ACSA) - October 30, 2009

Although 2008-09 legislative session bills that were vetoed by the governor will have to start over, there are many two-year bills that are continuing through the legislative system.  The following education bills did not make it to the governor’s desk, but may be taken up in the 2009-10 session:

Assembly Bill 164, Mendoza (D-Artesia).  School districts: compensation of district superintendents.  This bill would require the governing board of a school district to include specified provisions in any contract for the services of a district superintendent, including the authority to terminate the superintendent at any time during the term of the contract, with the district retaining an option, if the amount remaining in the contract is less than $50,000, to either release the superintendent from any further responsibilities or to provide a full-time position with the district for which the former district superintendent is qualified.  This bill contains other related provisions.

AB 272, Solorio (D-Santa Ana).  Leadership for English Learner Success Program.  This bill would authorize an institution of higher education, a nonprofit organization specializing in English learner research or professional development, or a county office of education with demonstrated success in establishing and implementing English learner professional development programs to offer a Leadership for English Learner Success Program for school administrators or counselors under contract or other cooperative arrangement with a school district.  The program would be required to include specified components.  Necessary facilities and equipment would be provided by the school district and the necessary instructional materials would be provided by the contractor.  The program would be implemented with funds from the school improvement grants component of the American Recovery and Reinvestment Act.  The bill would require the California Department of Education to submit to the Legislature, by Nov. 1, 2013, a report that evaluates the program and would require school districts that offer the program to provide the department with the information necessary to complete that report.

AB 351, Salas (D-Chula Vista).  Physical education. This bill would authorize the governing board of a school district to exempt any high school pupil from courses in physical education if the pupil participates in California Cadet Corps, cheer team or dance team, color guard or drill team, Junior Reserve Officer Training Corps, or marching band as part of the regular course of study or regular school-sponsored extracurricular activities.  The bill would specify minimum standards for the physical education substitute courses, require that a certificated employee teach the course of study or sponsor the activity, and make other technical and clarifying changes. ACSA position: support.

AB 364, Torlakson (D-Martinez).  California After School Teacher Pipeline Program. This bill would establish the California After School Teacher Pipeline Program, a pilot program, for the purpose of recruiting qualified after school instructors to participate on a pilot basis in the California School Paraprofessional Teacher Training Program.  The bill would require the Commission on Teacher Credentialing (CTC) to select up to four school districts or county offices of education receiving program funds under the California School Paraprofessional Teacher Training Program to apply for pilot program funds.  The bill would require the CTC to use the $150,000 annually transferred by the CDE to award a grant to each selected applicant, not to exceed $3,500 per pilot participant per year.  The bill would require the commission, before Jan. 1, 2015, to report to the Legislature regarding the pilot program.  The bill would make these provisions inoperative on July 1, 2016, and repeal them on Jan. 1, 2017.

AB 661, Torlakson. Special education: behavioral intervention plans: mandate claim: funding. This bill would require the Superintendent of Public Instruction (SPI) to perform various calculations to increase the amount of funding per unit of average daily attendance for each Special Education Local Plan Area (SELPA), as specified.  The bill would appropriate $65 million from the General Fund to the SPI in augmentation of a specified item of the Budget Act of 2009 for purposes of providing that increased funding.  The bill also would appropriate $10 million from the General Fund to the SPI for allocation on a one-time basis to county offices of education and SELPAs, as specified.  The bill would direct that $85 million be appropriated from the General Fund on a one-time basis in each of the 2011-12 to 2016-17 fiscal years, except as provided, to the SPI for allocation to districts on a per-pupil basis.  The SPI would be required to use specified calculations to compute the allocation for each district.  The bill would deem the funding as payments in full satisfaction of, and in lieu of, any reimbursable mandate claims resulting from the statement of decision of the Commission on State Mandates regarding the Behavioral Intervention Plans Mandated Cost Test Claim.

AB 826, Buchanan (D-San Ramon).  Special education: local plan areas: funding.  This bill would also require the Superintendent of Public Instruction to make different computations to determine the amount of funding per unit of average daily attendance for each SELPA for the 2009-10 fiscal year and each fiscal year thereafter.

AB 837, Torlakson.  School attendance: online education.  This bill would require that school districts, county offices of education and charter schools that offer online education courses may claim one day of attendance toward average daily attendance on the basis of the attendance at a class or classes in a classroom-based setting of a pupil taking at least one high-quality online course that satisfies prescribed criteria.

AB 844, Villines (R-Clovis). State-mandated local programs: school districts.  This bill would prohibit school districts from using the test claims provisions on and after Jan. 1, 2010 for specified costs mandated by the state, and would instead require the Commission on State Mandates to determine a reasonable reimbursement methodology and to develop claiming instructions.  The commission would be required to examine each act by the Legislature effective on and after Jan. 1, 2010, and determine whether it would enact a statute that imposes costs mandated by the state on a school district.  The commission would be required to make this determination within six months of the statute.  Based on the reimbursement methodology, the commission would be required to forward to the director of finance the amount of the appropriation needed to fund the statewide cost estimate of a claim.  The commission would be required to develop this methodology, the claiming instructions, and a statewide cost estimate within one year from the date when the commission determines that a statute imposes costs mandated by the state on school districts.

AB 972, Strickland (R-Camarillo).  School district administrative costs.  This bill would, commencing with the 2010-11 fiscal year, require a school district with an annual enrollment greater than 300,000 pupils to limit its expenditures for administrative costs, as defined, to no more than 5 percent of its total budget during each fiscal year, including moneys received from all state, federal, and local sources during the fiscal year.

More information can be found at www.leginfo.ca.gov.

Source:  Association of California School Administrators