BILL NUMBER: AB 45	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        DECEMBER 4, 2006

   An act to add Section 41329.4 to the Education Code, relating to
the Oakland Unified School District.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 45, as introduced, Swanson. Oakland Unified School District:
governance.
   (1) Existing law requires the Superintendent of Public Instruction
to assume all the rights, duties, and powers of the governing board
of the Oakland Unified School District and to appoint an
administrator to act on behalf of the Superintendent in exercising
the authority of the Superintendent over the school district.
Existing law continues the authority of the Superintendent and the
administrator over the school district until certain enumerated
conditions are met, including the completion of an improvement plan
for the district. Existing law requires the County Office Fiscal
Crisis and Management Assistance Team (FCMAT) to prepare the
improvement plan for the school district, as provided, by July 1,
2003, and requires the FCMAT to report on the implementation of the
plan, as specified.
   This bill would require the Superintendent to immediately return
the rights, duties, and powers regarding the operational areas of
community relations and governance, facilities management, personnel
management, and pupil achievement to the governing board of the
Oakland Unified School District. The bill would require the
Superintendent to continue through the state administrator to
exercise all of the rights, powers, and duties of the governing board
of the Oakland Unified School District with regard to the
operational area of financial management. The bill would require the
governing board of the school district to serve as an advisory body
to collaborate with the state administrator concerning the
operational area over which the Superintendent continues to exercise
authority for the time period in which that authority is exercised.
   Existing law requires the governing board of the Oakland Unified
School District to serve without compensation as an advisory body
during the period that the Superintendent is exercising authority
over the district.
   This bill would entitle the members of the governing board to
receive the same compensation they would have received prior to the
transfer of authority to operate the district to the Superintendent.
   (2) This bill would declare that due to the unique circumstances
regarding governance of the school district, a general statute cannot
be made applicable.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Providing a quality education that meets the unique needs of
Oakland public school pupils is a fundamental goal that should not be
jeopardized. On September 30, 2006, the County Office Fiscal Crisis
and Management Assistance Team (FCMAT) recommended, in its fourth
progress report on the improvement plan of the Oakland Unified School
District, that the operational area of community relations and
governance be returned to the district, and reported that the
district has made continued progress in the operational areas of
facilities management and pupil achievement.
   (b) The Oakland Unified School District has made demonstrable
academic improvements over the last few years, demonstrated by test
score improvements, an increased number of fully credentialed
teachers in Oakland classrooms, and increased parental and community
involvement. In 2006, the Oakland Unified School District made the
largest improvement in API test scores among the 33 largest unified
school districts in California.
   (c) The community of the Oakland Unified School District has the
will to continue the key educational reforms that have benefited
Oakland public school pupils in the last three years and to support
difficult decisions in order to immediately eliminate all further
overspending by the district.
  SEC. 2.  (a) It is the intent of the Legislature that the state
administrator appointed pursuant to subdivision (b) of Section 4 of
Chapter 14 of the Statutes of 2003 should continue to work with the
present administrators and governing board of the Oakland Unified
School District to identify the procedures and programs currently
implemented by the district that have proven to do one or more of the
following:
   (1) Significantly raise pupil achievement.
   (2) Improve pupil attendance.
   (3) Lower pupil dropout rate.
   (4) Increase parental involvement.
   (5) Attract, retain, and train a quality teaching staff.
   (b) It is the intent of the Legislature that the procedures and
programs identified pursuant to subdivision (a) be protected,
maintained, and expanded as the budget of the district allows.
  SEC. 3.  The Legislature finds and declares both of the following:
   (a) Due to the continued improvement and progress made by the
Oakland Unified School District in the operational areas of community
relations and governance, facilities management, and pupil
achievement, it is necessary that the rights, duties, and powers
regarding those areas to be returned to the governing board of the
district.
   (b) It is necessary that the Superintendent of Public Instruction
continue to maintain control of the operational areas of personnel
management and financial management in order to ensure the return of
the district to fiscal solvency.
  SEC. 4.  Section 41329.4 is added to the Education Code, to read:
   41329.4.  (a) Notwithstanding any provision of Chapter 14 of the
Statutes of 2003, the Superintendent shall immediately return the
rights, duties, and powers regarding the operational areas of
community relations and governance, facilities management, personnel
management, and pupil achievement to the governing board of the
Oakland Unified School District. The Superintendent shall continue,
through the state administrator appointed pursuant to subdivision (b)
of Section 4 of Chapter 14 of the Statutes of 2003, to exercise all
of the rights, powers, and duties of the governing board of the
Oakland Unified School District with regard to the operational area
of financial management.
   (b) For the period of time during which the Superintendent
continues to exercise the authority described in subdivision (a)
through the state administrator, the governing board of the Oakland
Unified School District shall serve as an advisory body to
collaborate with the administrator concerning that operational area.
   (c) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the members of the governing board shall be entitled to
receive the full compensation that would have been payable prior to
the transfer to the Superintendent of the rights, duties, and powers
to operate the Oakland Unified School District.
  SEC. 5.  The Legislature finds and declares that due to the unique
circumstances regarding governance of the Oakland Unified School
District, a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.