BILL NUMBER: SB 352 CHAPTERED
BILL TEXT
CHAPTER 356
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2005
APPROVED BY GOVERNOR SEPTEMBER 28, 2005
PASSED THE SENATE SEPTEMBER 7, 2005
PASSED THE ASSEMBLY AUGUST 31, 2005
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN ASSEMBLY JUNE 30, 2005
AMENDED IN SENATE MAY 27, 2005
INTRODUCED BY Senator Scott
FEBRUARY 16, 2005
An act to add and repeal Article 4.8 (commencing with Section
44518) of Chapter 3 of Part 25 of the Education Code, relating to
employee training programs, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 352, Scott Chief Business Officer Training Program.
Existing law establishes various training programs for employees
of school districts.
This bill would establish, within the State Department of
Education, the Chief Business Officer Training Program, to be
administered by the Superintendent of Public Instruction, with the
approval of the State Board of Education.
The bill would authorize the Superintendent to award funding to
school districts and to county offices of education, to provide
eligible candidates, as defined, with instruction and training in the
areas of school finance, school operations, and leadership. The bill
would authorize the Superintendent to award funding to a school
district or to a county office of education that has submitted an
application, as specified, to the department.
The bill would require the state board, by September 15, 2005, to
commence the process of developing rigorous criteria for the approval
of state-qualified training providers, and to establish an
application process for training providers, with certain
requirements.
The bill would require the department, by July 1, 2007, to
develop, subject to the review and approval of the state board, an
interim report for submission to the Legislature regarding the status
of the program established pursuant to this measure, as specified,
and would require the state board to submit the report to the
Legislature no later than September 30, 2007. The bill would require
the department, by June 30, 2008, to develop, subject to the review
and approval of the state board, a final report for submission to the
Legislature regarding the status of the program established pursuant
to the bill, as specified, and would require the state board to
submit the report to the Legislature no later than August 31, 2008.
The bill would provide that its provisions are to become
inoperative on July 1, 2009, and are repealed as of January 1, 2010.
This bill would declare that it is to take effect immediately as an
urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.8 (commencing with Section 44518) is added to
Chapter 3 of Part 25 of the Education Code, to read:
Article 4.8. Chief Business Officer Training Program
44518. (a) This article shall be known and may be cited as the
Chief Business Officer Training Program.
(b) For purposes of this article, "eligible training candidate"
means a person who is employed on a full-time basis as a chief
business or financial officer by a school district or county office
of education, or who is nominated as a candidate for training by a
district or a county office of education.
44518.1. The Chief Business Officer Training Program is hereby
created within the department and shall be administered by the
Superintendent, with the approval of the State Board of Education.
44518.2. The Superintendent shall award incentive funding to
school districts and to county offices of education, upon the
appropriation of funds by the Legislature for purposes of this
article, to provide eligible training candidates with instruction and
training in areas including, but not limited to, all of the
following:
(a) School finance, including revenue projection, cashflow
management, budget development, financial reporting, monitoring
controls, and average daily attendance projections and accounting.
(b) School operations, including matters relating to facilities,
maintenance, transportation, food services, collective bargaining,
risk management, and purchasing.
(c) Leadership, including organizational dynamics, communication,
facilitation, and presentation.
44518.3. (a) In order to qualify for and to receive incentive
funding for purposes of this article, a school district or county
office of education shall submit to the department an application to
participate in the Chief Business Officer Training Program.
(b) The application shall include a provision of assurance by the
school district or county office of education that any eligible
training candidate who participates in the program has committed to
provide no less than two years of continuous service to a state
public school following completion of the training.
(c) The application shall identify the state-qualified training
provider approved pursuant to Section 44518.5 that will provide the
training.
(d) The State Board of Education shall approve or disapprove
applications submitted pursuant to subdivision (a).
44518.4. A school district or county office of education that
receives funding pursuant to this article shall use a state-qualified
training provider that has been approved by the State Board of
Education.
44518.5. (a) By September 15, 2005, the State Board of Education
shall commence the process of developing rigorous criteria for the
approval of state-qualified training providers. The state board shall
develop the criteria in consultation with the Fiscal Crisis and
Management Assistance Team, the department, and, at the discretion of
the state board, any other individual or group with expertise in the
areas set forth in subdivisions (a) to (c), inclusive, of Section
44518.2.
(b) The State Board of Education shall establish an application
process by which public agencies and private organizations may submit
proposals to become state-qualified training providers. The process
that shall include, but not be limited to, a demonstration that the
agency or organization is able to deliver a training program that
meets the criteria developed pursuant to subdivision (a).
(c) The State Board of Education shall approve or disapprove
applications submitted pursuant to subdivision (b).
44518.6. A training program offered pursuant to this article
shall be conducted for no fewer than 200 hours, a minimum of 40 hours
of which shall involve intensive individualized support and
professional development in the areas specified in subdivisions (a)
to (c), inclusive, of Section 44518.2. The 40 hours of intensive
individualized support and professional development shall be
completed within a period of up to two years after the date the
training commences.
44518.7. Funding provided pursuant to this article is intended to
serve 350 eligible training candidates per fiscal year. Priority for
enrollment shall be given to eligible training candidates from
districts that are currently operating with a state-appointed
administrator or trustee, or from districts that have received a
negative or qualified budget certification within the past five
fiscal years.
44518.8. (a) Funding allocated for purposes of this article shall
equal three thousand dollars ($3,000) per eligible training
candidate. This funding shall be allocated to a qualified school
district or county office of education as follows:
(1) Fifty percent of the authorized funding shall be provided no
later than 45 days after the approval of the application.
(2) Fifty percent of the authorized funding shall be provided upon
verification of the successful completion of training by the
approved candidates.
(b) If it is determined pursuant to an audit that a participating
school district or county office of education did not provide
training as described in Sections 44518.2 and 44518.7 to an eligible
training candidate for whom it received funding, the Superintendent
shall withhold from the next principal apportionment to the school
district or county office of education the sum of three thousand
dollars ($3,000) or the amount actually received, whichever is less,
for each eligible training candidate who did not receive the
training.
(c) The State Board of Education shall establish a procedure and
criteria for school districts and county offices of education to
appeal to the board the finding of an audit pursuant to this article.
The state board may reduce or eliminate the amount to be withheld
pursuant to subdivision (b) based on that appeal.
44519. By July 1, 2007, the department shall develop, subject to
review and approval by the State Board of Education, an interim
report for submission to the Legislature regarding the status of the
program established pursuant to this article. The state board shall
submit the interim report to the Legislature no later than September
30, 2007. The interim report shall, at a minimum, include detailed
information as to all of the following:
(a) The number of eligible training candidates who received
training offered pursuant to this article.
(b) The entities that received funds for the purpose of offering
training pursuant to this article, and the number of eligible
training candidates that each entity trained.
(c) The number of eligible training candidates that participated
in training pursuant to this article who were employed as a chief
business or financial officer in a school district or county office
of education and the number of those candidates who were not employed
as a chief business or financial officer in a school district or
county office of education.
(d) Data regarding the budget certification status of each school
district and county office of education participating in the program,
and identification of each school district and county office of
education with negative or qualified budget certifications that did
not receive training.
(e) Information detailing the employment and retention status of
eligible training candidates who participated in training pursuant to
this article.
(f) Identification of the core competencies that should, at a
minimum, be included as part of a state-administered chief business
officer certification.
44519.1. By June 30, 2008, the department shall develop, subject
to review and approval by the State Board of Education, a final
report for submission to the Legislature regarding the program
established pursuant to this article. The state board shall submit
the final report to the Legislature no later than August 31, 2008.
The final report shall, at a minimum, include detailed information as
to all of the following:
(a) The number of eligible training candidates who received
training offered pursuant to this article.
(b) The entities that received funds for the purpose of offering
training pursuant to this article and the number of eligible training
candidates that each trained.
(c) Data regarding the budget certification status for each school
district and county office of education whose eligible training
candidate attended the training, and identification of each school
district and county office of education with negative or qualified
budget certifications whose eligible training candidate did not
receive the training.
(d) Survey data concerning program effectiveness that has been
gathered from program participants.
(e) Information detailing the employment and retention status of
eligible training candidates who participated in training offered
pursuant to this article.
44519.2. This article shall become inoperative on July 1, 2009,
and, as of January 1, 2010, is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2010, deletes
or extends the dates on which it becomes inoperative and is repealed.
SEC. 2. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure that those responsible for the business and
financial matters of school districts or county offices of education
are properly trained and qualified at the earliest possible time, and
that rigorous criteria for the approval of state-qualified training
providers are established at the earliest possible time, it is
necessary that this act take effect immediately.