BILL NUMBER: AB 1381	CHAPTERED
	BILL TEXT

	CHAPTER  299
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2006
	PASSED THE ASSEMBLY  AUGUST 29, 2006
	PASSED THE SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 23, 2006
	AMENDED IN SENATE  AUGUST 8, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	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 coauthor: Assembly Member Frommer)
   (Principal coauthors: Senators Perata and Romero)

                        FEBRUARY 22, 2005

   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, Nunez  School district governance: Los Angeles Unified
School District: Gloria Romero Educational Reform Act of 2006.
   (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 authorize the Los Angeles Unified School District
Board of Education to appoint the inspector general and to make all
employment decisions related to the inspector general in a manner
consistent with any existing contracts under which the inspector
general is employed. The bill would prohibit the dismissal of the
inspector general, except for good cause. The bill would require the
inspector general to be appointed for a term of 3 years.
   The bill would require the inspector general to have access to all
contracts and contracting processes conducted as specified to enable
review for violations of law or conflicts of interest. The bill
would require the inspector general to report quarterly to the Los
Angeles Unified School District Board of Education regarding any
findings arising from the review of contracts and contracting
processes and would require that the reports also be provided to the
council of mayors established as specified. The bill also would make
the reports public records subject to disclosure under the California
Public Records Act.
   (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 1st day of the following month,
if the state board fails to take action on the request by its 2nd
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 2 years,
commencing the 1st day of the following month, if the state board
fails to take action on the request by its 2nd 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 30 days of
its receipt of the request from the district superintendent.
   This bill would authorize the district superintendent to make
employment decisions related to all certificated and classified
management personnel of his or her office, and to assign and reassign
a principal of a school within the Los Angeles Unified School
District (LAUSD), and to consult with parents of pupils enrolled at
the school to which the principal is assigned, community leaders, and
schoolsite personnel regarding the appointment and dismissal of the
school principal. The bill would set forth certain requirements
regarding the assigning or reassigning of local district
superintendents by the district superintendent. The bill would
authorize the board of the LAUSD to employ a pool of administrative
staff to serve all members of the board, subject to budget approval;
would require the staff to report to the board as a whole; and would
prohibit an individual member of the board from employing individual
staff.  The bill would grant the LAUSD board the power to make
employment decisions related to the staff that do not violate any
applicable law, written agreement, or contract under which the staff
are employed. The bill would require the district superintendent to
make all employment decisions for all nonrepresented LAUSD personnel.
The bill would require the district superintendent to establish an
Office of Parent Communication, as provided, to assure the LAUSD
complies with specified matters.
   This bill would grant the district superintendent authority over
the contracting operations of the LAUSD, including, but not limited
to, the negotiation and execution of contracts, except as specified
and subject to all other requirements of law. The bill would require
the district superintendent to provide public notice, as provided, of
his or her intent to award any contract in excess of $250,000 at
least 45 days, or 30 days if there is urgency as provided, before the
execution of the contract. The bill would require the district
superintendent to report all executed contracts to the LAUSD board,
as provided. The bill would require the district superintendent to
have the approval of the LAUSD board and to comply with specified
provisions if he or she decides to contract with private parties
regarding the personal services that, as of January 1, 2007, are
provided by employees of the LAUSD, as specified. The bill would
require the district superintendent to provide not less than 30 days
of written notice of the intent to renew or rebid a personal services
contract entered into prior to January 1, 2003, to each exclusive
representative of district employees.
   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 for its review
and comment and to the LAUSD board for final approval. The bill
would require any budget revisions during the fiscal year also be
presented to the council of mayors for review and comment and to the
LAUSD board for final approval. The bill would require the budget and
budget revisions be provided to the council of mayors at least 30
days before the consideration and adoption of the budget or budget
revision by the LAUSD board. The bill would limit the budgetary
information prepared and presented by the district superintendent to
information that is no more detailed than the fund, resource code,
and major object code level, as defined in the California School
Accounting Manual, as specified. The bill would authorize the council
of mayors to hold a public hearing and review and comment on the
proposed budget and any budgetary revision at least 15 days prior to
the consideration and adoption of the budget or budget revision by
the LAUSD board. The bill would require the district superintendent
to be responsible for fiscal reporting requirements to the county
superintendent of schools, the State Department of Education, and the
Superintendent of Public Instruction. The bill would also require
the district superintendent to annually provide, for review and
comment, the budget to a specified coalition of cities.
   This bill would require the LAUSD, when selecting curriculum and
instructional materials for the district, to ensure that parents,
teachers, and other staff have an authentic and central role; a
majority of the participants of each of the advisory curriculum and
textbook and instructional materials selection committees of the
district are classroom teachers selected by classroom teachers; basic
instructional materials for kindergarten and grades 1 to 8,
inclusive, purchased with state categorical funds for instructional
materials 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;
there is a wide selection of supplemental instructional materials
that are consistent with the needs of pupils and available for use;
and, consistent with those other requirements, each schoolsite, with
the participation of its principal, its classroom teachers, and
parents of its pupils, are authorized to develop a plan for
implementing curriculum that meets the individual needs of its
pupils. The bill would authorize principals and teachers at
individual schools, with the input of parents, to develop
professional development programs supportive of the individual needs
of pupils at their respective schoolsites.
   This bill requires the district superintendent to develop and
manage the facilities program for the LAUSD, as specified. The bill
requires the council of mayors to provide input to the district
superintendent regarding the facilities program, but requires that
the district superintendent retain all decisionmaking 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 city council members, unless the city elects
not to participate by adopting a resolution to that effect, and
county board of supervisors within the boundaries of the LAUSD,
unless the county supervisor elects not to participate, as specified,
that would act by 90% of the weighted vote of the membership of the
council, as specified. 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, except that the
representative would not have the right to vote with the board on any
matter; would require the appointment, contract term, contract
renewal, or involuntary removal of the district superintendent to be
ratified by the council of mayors, as provided; would require the
council of mayors to communicate through its representative in closed
session the reason for any refusal to ratify the appointment,
contract term, contract renewal, or removal of the district
superintendent; 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 and the district superintendent to negotiate and finalize
memoranda of understanding by March 1, 2007, to establish an
efficient and effective process to ensure that the LAUSD and each
county or city have every opportunity to consult and agree based on
good faith participation upon joint-use projects between the district
and each city or the county to permit youth, children, and families
to access and use school resources at times other than during the
regular schoolday; to ensure that each city or county supervisorial
district in which a new school is proposed to be constructed by the
LAUSD has the opportunity to provide feedback to the district
superintendent and to propose alternative sites or modified
construction options, and to follow whatever consultative process the
city or supervisorial district may devise in arriving at such
feedback, without unreasonably delaying the completion and opening of
a newly constructed school; and for the council of mayors and the
LAUSD to jointly conduct and complete, by January 1, 2008, the first
periodic comprehensive identification, mapping, and assessment of
available services, including public safety services, for children
and youth in each school community, and to jointly consult about
creating and maintaining new community services for children and
youth to fill gaps identified in the assessment, in order to support
the education and increased achievement of pupils in each school
community. The bill would require the LAUSD and council of mayors to
cooperate to identify private resources to fund the assessment to the
greatest extent possible. The bill would authorize the council of
mayors, in the course of conducting its duties, to create a committee
of parents of pupils in the LAUSD, to provide input on the selection
of a superintendent and other education related matters considered
by the council of mayors and on the effective delivery of services to
children and youth by the district and municipalities, and would
require the district to assist the council of mayors in conducting
outreach to parents in the creation of that committee.
   This bill would require, upon authorization by the county
superintendent of schools, 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, exercise specified powers
regarding 3 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 or 2 of the Academic Performance Index and its feeder middle
and elementary schools and other programs, including, but not
limited to, early childhood programs and centers, continuation
schools, and adult education programs. The bill would require
participation by the LAUSD in the partnership through a full-time
district employee appointed by the district superintendent for each
of the 3 clusters.  The bill would require the Los Angeles Mayor to
ensure that each cluster is represented in the partnership from at
least 2 representatives from parent organizations, at least 2
community leaders, one classroom teacher, one classified employee,
and one school administrator, as specified. The bill would require
the high schools for each cluster to be selected by the Los Angeles
Mayor and the district superintendent, in consultation with the other
members of the partnership, within specified timelines, and would
require the county superintendent of schools 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, that the employees at the
schools in the demonstration project be deemed to be district
employees, and that the schools in the demonstration project continue
to be funded with existing resources and private donations. The bill
would require that the partnership schools receive the same benefit
from increased funding that they would receive if not participating
in the partnership and would prohibit the LAUSD from taking actions
that have negative fiscal consequences for partnership schools due to
their participation in the partnership. The bill would require the
partnership schools and the LAUSD to develop a budget and cost
system, as specified.
   The bill would permit the community partnership to request that
the Los Angeles County Superintendent of Schools authorize the
demonstration project and would prohibit the project from proceeding
without that authorization. The bill would require the county
superintendent to act upon the request within 20 days of his or her
receipt of the request.  The bill would require the county
superintendent to grant the request unless the county superintendent
determines that any of the specified conditions exist. The bill would
permit the county superintendent to withdraw authorization of the
demonstration project, after the specified progress report is
completed, by concluding and certifying that the progress report
demonstrates that any of the specified conditions exist.
   This bill would require the State Department of Education to
contract, from funds appropriated for this purpose, for an evaluator
to develop a progress report on the implementation of the specified
LAUSD programs to be completed on or before January 1, 2008; 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known, and may be cited, as the
Gloria Romero Educational Reform Act of 2006.
  SEC. 2.  Section 35400 of the Education Code is amended to read:
   35400.  (a) The Los Angeles Unified School District Board of
Education may appoint an inspector general and shall make 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. The
inspector general may not be dismissed by the Los Angeles Unified
School District Board of Education, except for good cause. The
inspector general shall be appointed to serve for a term of three
years.
   (b) The Inspector General of the Los Angeles Unified School
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 has occurred 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 policy
has occurred or is occurring.
   (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.
   (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.
   (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.
   (f) The inspector general shall have access to all contracts and
contracting processes conducted pursuant to Section 35912 to enable
review for violations of law or conflicts of interest. The inspector
general shall report quarterly to the Los Angeles Unified School
District Board of Education regarding any findings arising from the
review of contracts and contracting processes. These reports shall
also be provided to the council of mayors established pursuant to
Section 35920 and are public records subject to disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
   (g) 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 district attorney or the Attorney General
if the district attorney or Attorney General declined to investigate
the matter further or declined to prosecute.
   (h) 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. 3.  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 urban
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
academic 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 and
academic achievement expectations through the enactment of this
chapter:
   (1) Significantly improved pupil learning and academic achievement
based on the academic standards of the state, graduation
requirements, and other standards for assessing the achievement of
pupils, as measured by the California Standards Tests administered
pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33 and other valid and reliable assessments of academic
achievement.
   (2) Significantly improved graduation rates and significantly
reduced dropout rates.
   (3) A significant reduction in the academic achievement gap among
racial and ethnic groups, between pupils with exceptional needs and
pupils without those needs, and between English language learners and
pupils who are fluent in English, so that all pupils are attaining
similar, acceptable levels of academic achievement.
   (4) Parent involvement and satisfaction with the schools that
their children attend.
   (5) The success of English language learner pupils in developing
English language proficiency and increased redesignation as measured
by the California English Language Development Test.
   (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 appropriate
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) Parents, teachers, and other school staff are full partners in
the decisions that affect schools.
   (6) The district is decentralized to reduce management
bureaucracies and increase resources to schools and classrooms.
   (7) Class sizes are at or below statewide averages for the
corresponding grade levels.
   (8) Every segment of the school community is held accountable for
the achievement of the goals described in this section.
   (d) Except as expressly and specifically stated in this chapter,
it is the intent of the Legislature that the application of Part 25
(commencing with Section 44000) of this code and Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code to the Los Angeles Unified School District not be
changed or altered.
   (e) 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 of
Los Angeles, function as agencies authorized to maintain 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.
   (f) Consistent with the council of mayors' status as part of the
public school system, nothing in this chapter shall be construed to
require any city to expend city resources on services to the school
district or its pupils unless the expenditure is the result of a city'
s legislative act taken pursuant to the city's ordinary legislative
decisionmaking process. Similarly, any liability incurred by any
member of the council of mayors or mayor's community partnership for
education excellence in undertaking any of the functions described in
this chapter shall be borne by the school district and not by the
County of Los Angeles, or any of the cities within its boundaries.
   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 that the state board 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, Section 38103, 45103.1, or 45103.5, 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 30 days 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 make employment decisions related to all certificated and
classified management personnel in the Office of the Superintendent
of the LAUSD. These personnel serve at the pleasure of the district
superintendent.
   (b) The district superintendent shall have the authority to assign
and reassign a principal of a school within the LAUSD and may
consult with community leaders, schoolsite personnel, and parents of
pupils enrolled at the school to which the principal is assigned. The
consultation shall include the elected mayors and city council
members representing territory within the attendance boundaries of
the school.
   (c) In assigning or reassigning a local district superintendent,
the district superintendent shall consult the elected mayors and city
council members representing territory within the boundaries of the
local district, unless exigent circumstances exist. In addition, the
Southeast Cities Schools Coalition, which is comprised of the cities
of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon,
shall have the right to ratify the selection of the local district
superintendent serving the cities in the Southeast Cities Schools
Coalition. If the Southeast Cities Schools Coalition fails to act
within 30 days of the submission of the district superintendent of a
choice for local district superintendent, the choice shall be deemed
ratified. The council of mayors described in Section 35920 may
recognize other coalitions of multiple cities and provide the same
ratification authority with respect to the local district
superintendent serving the cities in any coalition recognized in the
future.
   (d) The board, subject to Section 45112, may employ a pool of
administrative staff to serve all members of the board, subject to
budget approval. All of this staff shall report to the board as a
whole, and no individual member of the board shall employ individual
staff. The board shall have the authority to make employment
decisions related to this staff, except to the extent that any
decision would violate any applicable law, written agreement, or
contract under which the staff are employed.
   (e) 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, and related to staff directly reporting to
the inspector general.
   (f) The district superintendent shall make all employment
decisions for all nonrepresented personnel of the LAUSD, subject to
the applicable protections of the personnel commission.
   (g) Except as expressly provided above, this section does not
change or alter the application of Part 25 (commencing with Section
44000) of this code or Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code to the LAUSD.
   (h) The authority of the district superintendent to assign and
reassign principals, as set forth in subdivision (b), shall not
supersede the process by which existing site-based agreements that
provide for an alternative method of selecting a principal are
extended or modified.
   (i) As used in subdivisions (b) and (c), "consult" includes, at a
minimum, the right to suggest qualifications to look for in the
individual to receive the position, the right to recommend
individuals for the position, and the right to provide opinion and
feedback regarding finalists being considered for the position.
   (j) The district superintendent shall establish an Office of
Parent Communication that may be staffed by an ombudsperson or
similar employee. The office shall assure that the LAUSD complies
with the processes for receiving and addressing parent complaints set
forth in Section 35186 and shall assure that the LAUSD complies with
the requirements regarding parent information and the rights of
parents to participate in the education of their children set forth
in Section 51101. The office shall report regularly on the compliance
of the LAUSD with those sections.
   35912.  (a) (1) The district superintendent shall have the
authority over the contracting operations of the LAUSD, including,
but not limited to, the negotiation and execution of contracts,
except those contracts governed by Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code. 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. The district
superintendent shall provide public notice of his or her intent to
award any contract in excess of two hundred fifty thousand dollars
($250,000) at least 45 days before the execution of the contract,
unless the district superintendent, in his or her discretion,
determines and certifies that there is an urgency, in which case
public notice shall occur at least 30 days before the execution of
the contract. In addition, the district superintendent shall report
to the board on all contracts at the next regularly scheduled public
meeting of the board following the execution of the contract.  The
public notice shall, at a minimum, include electronic posting on the
LAUSD Internet Web site, and physical posting at 10 geographically
dispersed district offices or schools in an area that is accessible
to the public for at least 12 hours each day.
   (2) A decision by the district superintendent to contract with a
private individual, other governmental agency, or business entity for
personal services that, as of January 1, 2007, are currently or
customarily performed by classified school employees or other
district employees shall, notwithstanding paragraph (1), require
approval of the board and be subject to, and comply in all respects
with, Sections 38103, 45103.1, and 45103.5. With respect to the
rebidding or renewal of any personal services contract entered into
prior to January 1, 2003, and covered by subdivision (d) of Section
45103.1, and in addition to any other notice that may be required by
law, the district superintendent shall give no less than 30 days
written notice of the intent to renew or rebid to each exclusive
representative of district employees.
   (b) Except as indicated in this subdivision, nothing in this
chapter removes or alters the obligation of the LAUSD to comply with
all requirements for the expenditure of bond proceeds, including, but
not limited to, those required by Section 15278, by subparagraphs
(C) and (D) of paragraph (3) of subdivision (b) of Section 1 of
Article XIII A of the California Constitution, and by the terms of
bond measures approved by the district electorate. To the extent the
district superintendent, in the course of exercising his or her
authority under this chapter, acts to expend any bond proceeds, the
district superintendent shall abide by all restrictions and fulfill
all obligations that otherwise would have devolved upon the board in
conjunction with the expenditure of those bond proceeds.
   (c) The intent of the Legislature in enacting this section is to
transfer the responsibility for contracting operations, including
appropriation and payment, from the board to the district
superintendent. This section does not alter the rights or
requirements related to the employment of district employees pursuant
to Part 25 (commencing with Section 44000) of this 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 other law regarding the
procedures for school districts to execute or amend contracts.
   35913.  (a) The district superintendent shall annually prepare a
proposed budget for the LAUSD for the succeeding fiscal year. The
proposed budget shall be presented to the council of mayors
established pursuant to Article 3 (commencing with Section 35920) for
review and comment, and to the board for final approval. Any budget
revisions during the fiscal year shall also be presented to the
council of mayors for review and comment and to the board for final
approval. The proposed budget and any budget revision shall be
provided to the council of mayors at least 30 days before the
consideration and adoption of the budget or budget revision by the
board.
   (b) The budget and any budget revisions prepared and presented by
the district superintendent shall include budgetary information that
is no more detailed than the fund, resource code, and major object
code level, as defined in the California School Accounting Manual in
effect as of January 1, 2007.
   (c) The board shall approve the annual budget of the office of the
inspector general, and the amount approved shall not be reduced
during the year without the approval of the board.
   (d) The council of mayors may hold a public hearing and review and
comment on the proposed budget and any budget revision at least 15
days prior to the consideration and adoption of the budget or budget
revision by the board. After the opportunity for public comment, the
board shall have final approval of the budget and any budget
revisions.
   (e) The district superintendent is responsible for compliance with
fiscal reporting requirements to the county superintendent of
schools, the department, and the Superintendent.
   (f) The district superintendent annually shall provide, for review
and comment, the budget to the member cities of the Southeast Cities
Schools Coalition, which is described in subdivision (c) of Section
35911.
   35914.  (a) (1) The LAUSD, when selecting curriculum and
instructional materials for the district, shall ensure that:
   (A) Parents, teachers, and other certificated staff have an
authentic and central role.
   (B) A majority of the participants of each of the advisory
curriculum and textbook and instructional materials selection
committees of the district are classroom teachers selected by
classroom teachers.
   (C) Basic instructional materials for kindergarten and grades 1 to
8, inclusive, purchased with state categorical funds for
instructional materials are state board-adopted materials.
   (D) Basic instructional materials for grades 9 to 12, inclusive,
are aligned to state content standards, if content standards exist
for the applicable subjects.
   (E) There is a wide selection of supplemental instructional
materials that are consistent with the needs of pupils and available
for use.
   (F) Consistent with subparagraphs (A) to (E), inclusive, each
schoolsite, with the participation of its principal, its classroom
teachers, and parents of its pupils, are authorized to develop a plan
for implementing curriculum that meets the individual needs of its
pupils.
   (2) This subdivision does not prevent the board from requiring
that the same basic instructional materials be used in all schools of
the LAUSD.
   (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.
   (c) In addition to the districtwide staff development, principals
and teachers at individual schools, with the input of parents, are
authorized to develop professional development programs supportive of
the individual needs of pupils at their respective schoolsites.
   35915.  (a) (1) The district superintendent shall develop and
manage the facilities program for the LAUSD.  This program may
include, but not be limited to, the development, management, and
implementation of a strategic plan regarding facilities for the LAUSD
and the management of all phases of construction, repair, upgrade,
renovation, and maintenance of school facilities of the district.
   (2) The council of mayors established pursuant to Section 35920
shall provide input to the district superintendent regarding the
facilities program. However, notwithstanding that authority, and
except as provided pursuant to subdivision (b), the district
superintendent shall retain all decisionmaking power regarding any
facilities program of the district.
   (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.  The board shall also
retain decisionmaking power related to the placement of school
facilities bond measures on the ballot and related to levying
development fees for school facilities purposes pursuant to law.
   (c) This chapter does not deprive the board of the power or
authority to adopt or enter into project stabilization agreements or
project labor agreements for district construction or facilities
projects or affect the validity of existing project stabilization
agreements and project labor agreements. The decision to adopt or
enter into project stabilization agreements or project labor
agreements for district construction or facilities projects is within
the sole discretion of the board.

      Article 3.  Council of Mayors

   35920.  (a) The council of mayors is hereby established and shall
be comprised of the directly elected mayor, or a city council member
selected by the city council if there is no directly elected mayor,
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.
   (1) The mayor, or his or her designee, of each eligible city shall
participate as a member of the council of mayors, unless the city
elects not to participate by adopting a resolution to that effect.
   (2) A member of the county board of supervisors who is eligible to
participate as a member of the council of mayors may elect not to
participate by providing written notification of that election to the
council.
   (b) In exercising any of the duties described in this chapter, the
council of mayors shall act by 90 percent 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, excluding those residents of a city council
or supervisorial district whose representative has elected not to
participate in the council of mayors under paragraph (1) or (2) of
subdivision (a).
   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 the 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. The representative does not have the right to
vote with the board on any matter.
   (b) The appointment, contract term, contract renewal, refusal to
renew a contract, 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. If the council of mayors
refuses to ratify the appointment, contract term, contract renewal,
or removal of the district superintendent, the council of mayors
shall communicate through its representative in closed session the
reasons for their refusal to the board.
   (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 California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), 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 card
is released to the public.
   35923.  The council of mayors and the district superintendent
shall negotiate and finalize memoranda of understanding by March 1,
2007, to establish each of the following:
   (a) An efficient and effective process to ensure that the LAUSD
and each city or the county have every opportunity to consult and
agree upon joint-use projects between the district and each city or
the county to permit youth, children, and families to access and use
school resources at times other than during the regular schoolday.
The memorandum of understanding should establish a process that
secures good faith participation by both sides in an effort to
establish joint-use municipal and school district projects and
programs.
   (b) An efficient and effective process to ensure that each city or
county supervisorial district in which a new school is proposed to
be constructed by the LAUSD has the opportunity to provide feedback
to the district superintendent and to propose alternative sites or
modified construction options, and to follow whatever consultative
process the city or supervisorial district may devise in arriving at
that feedback, without unreasonably delaying the completion and
opening of a newly constructed school.
   (c) An efficient and effective process for the council of mayors
and the LAUSD to jointly conduct and complete, by January 1, 2008,
the first periodic comprehensive identification, mapping, and
assessment of available services, including public safety services,
for children and youth in each school community, and to jointly
consult about creating and maintaining new community services for
children and youth to fill gaps identified in the assessment, in
order to support the education and increased achievement of pupils in
each school community. The LAUSD and council of mayors shall
cooperate to identify private resources to fund the assessment to the
greatest extent possible.
   (d) The Chief of the Los Angeles School Police Department and the
chief or sheriff of a law enforcement agency serving each city and
unincorporated county area within the LAUSD shall develop and
coordinate efficient and effective protocols for mutual cooperation,
timely sharing of information, ongoing communication, and memorandums
of agreement related to the responsibility of each agency.
   35924.  The council of mayors, in the course of conducting its
duties, may create a committee of parents of pupils in the LAUSD, to
provide input on the selection of a superintendent and other
education related matters considered by the council of mayors and on
the effective delivery of services to children and youth by the
district and municipalities, including, but not limited to, review of
the budget, review of school accountability report cards, and
consideration of joint use and school siting. The LAUSD shall assist
the council of mayors in conducting outreach to parents in the
creation of that committee.

      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."
   35930.5.  (a) The community partnership, directed by the Mayor of
the City of Los Angeles and described in Section 35931, may request
that the Los Angeles County Superintendent of Schools authorize the
demonstration project described in this article. The demonstration
project shall not proceed without that authorization.
   (b) The county superintendent shall act upon a request received
pursuant to subdivision (a) within 20 days of his or her receipt of
the request. The county superintendent shall grant a request for
authorization unless the county superintendent determines that one or
more of the following conditions exist:
   (1) The mayor and the partnership are demonstrably incapable, and
not likely to gain the capability before the project begins, of
implementing a sound educational program at the schools in the
demonstration project.
   (2) The mayor and the partnership have an irremediable and
significant conflict of interest in undertaking the demonstration
project involving the partners.
   (3) The mayor and the partnership are demonstrably incapable, and
not likely to gain the capability before the project begins, of
providing sufficient financial oversight to ensure that the schools
in the project are financially capable of sustaining a sound
educational program and other operational services.
   (c) After the completion of the progress report described in
Section 35940, the county superintendent may withdraw authorization
of the demonstration project by concluding and certifying that the
progress report demonstrates that one or more of the following
conditions exist:
   (1) The mayor and the partnership are demonstrably incapable of
implementing a sound educational program at the schools in the
demonstration project.
   (2) The mayor and the partnership have an irremediable and
significant conflict of interest in undertaking the demonstration
project involving the partners.
   (3) The mayor and the partnership are demonstrably incapable of
providing sufficient financial oversight to ensure that the schools
in the project are financially capable of sustaining a sound
educational program and other operational services.
   35931.  (a) (1) Upon authorization by the county superintendent of
schools pursuant to Section 35930.5, 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, exercise the powers set
forth in Section 35932 regarding three clusters of the lowest
performing schools in different geographic areas within the LAUSD
that are located within the City of Los Angeles. Each cluster shall
include a high school that is ranked in decile 1 or 2 on the Academic
Performance Index, pursuant to Section 52056, and its feeder middle
and elementary schools and other programs, including, but not limited
to, early childhood programs and centers, continuation schools, and
adult education programs.
   (2) LAUSD participation in the partnership shall be through a
full-time district employee appointed by the district superintendent
for each of the three clusters. The mayor shall ensure that each of
the clusters is represented in the partnership by at least two
representatives from parent organizations who are not also employees
of the district, at least two community leaders who are not from a
parent or employee organization, and one classroom teacher, one
classified employee, and one school administrator selected from those
nominated by employee organizations of classroom teachers,
classified employees, and school administrators, respectively, who
are employed at a school within the cluster.
   (3) The full-time district employee specified in paragraph (2)
shall perform the functions of the Office of Parent Communication set
forth in subdivision (j) of Section 35911 for the cluster of schools
to which he or she is assigned.
   (b) The high schools for each cluster shall be selected by the
mayor and the district superintendent, in consultation with the other
members of the partnership described in subdivision (a), 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 September 1,
2007, the county superintendent of schools 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 and academic
achievement expectations:
   (A) Significantly improved pupil learning and academic achievement
based on the academic standards of the state, graduation
requirements, and other standards that may be developed by the
partnership described in subdivision (a), as measured by the
California Standards Tests administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 and other
valid and reliable assessments of academic achievement.
   (B) Significantly improved graduation rates and significantly
reduced dropout rates.
   (C) A significant reduction in the academic achievement gap among
racial and ethnic groups, between pupils with exceptional needs and
pupils without those needs, and between English language learners and
pupils who are fluent in English, so that all pupils are attaining
similar, acceptable levels of academic achievement.
   (D) Parent involvement and satisfaction with the schools that
their children attend.
   (E) The success of English language learner pupils in developing
English language proficiency and increased redesignation as measured
by the California English Language Development Test.
   (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 appropriate
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) Parents, teachers, and other school staff are full partners in
the decisions that affect the schools.
   (F) Every segment of 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 and enforce 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 may seek waivers, pursuant to
Section 35910, 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 employees at the schools shall be
deemed to be district employees with all the rights of district
employees.
   (c) Schools in the demonstration project shall continue to be
funded with district resources, including average daily attendance
revenue and state or federal categorical or other targeted funding
generated by, or granted based on, the pupils in the schools in each
cluster. That funding may also be supplemented by private funds,
recorded, and accounted for by the partnership. The LAUSD shall
provide funds and may assess costs to partnership schools, provided
that these schools shall receive the same benefit from any new or
increased local, state, or federal funding that these schools would
receive if they were not partnership schools.
   (d) The partnership schools and the LAUSD shall develop a budget
and cost system that carries out the provisions of this section.
   (e) The LAUSD shall not take actions that have negative fiscal
consequences for partnership schools due to their participation in
the partnership.
   35933.  For purposes of Section 8 of Article XVI of the California
Constitution, the schools included in the demonstration project
pursuant to this article remain public schools and remain part of a
school district. The establishment of the demonstration project
pursuant to this article does not create an obligation of the state
to provide additional funds to the LAUSD or to the schools in the
demonstration project.

      Article 5.  Program Evaluation

   35940.  (a) From funds appropriated for this purpose, the
department shall contract for an evaluator to perform all of the
following:
   (1) Compose a progress report on the implementation of the
programs authorized under this chapter to be completed on or before
January 1, 2008.
   (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 and academic achievement
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) Significantly reduced the academic achievement gap among
racial and ethnic groups, between pupils with exceptional needs and
pupils without those needs, and between English language learners and
pupils who are fluent in English, 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
appropriate 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 parents, teachers, and other school staff full partners
in the decisions that affect schools.
   (F) Decentralized the district to reduce management bureaucracies
and to increase 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. 4.  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. 5.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.