BILL NUMBER: AB 68 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Dymally DECEMBER 4, 2006 An act to add Sections 18123, 35125, 45331, 49426.5, and 49605 to the Education Code, relating to schools. LEGISLATIVE COUNSEL'S DIGEST AB 68, as introduced, Dymally. Schools. (1) Existing law requires the governing board of a school district to provide school library services for the pupils and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency. Existing law authorizes the governing board of a school district maintaining its own library or libraries to appoint a librarian or librarians to staff the libraries. This bill would require the governing board of a school district to employ a full-time certificated librarian for each library under its jurisdiction. (2) Existing law provides for the compensation of members of the governing board of a school district. In a school district with an average daily attendance for the prior school year that exceeded 400,000, a member who actually attends all meetings held may receive as compensation for his or her services $2,000 per month. Existing law provides for annual maximum 5% increases upon approval by the governing board after January 1, 2002. This bill would, in a school district with an average daily attendance for the prior school year that exceeded 500,000 and as an alternative to the $2,000 per month compensation, authorize the governing board to elect to have its members serve full time and receive a salary that is no less than the lowest salary received by the elected full-time members of the governing bodies of the cities that they represent. (3) Existing law requires that a local educational agency that receives funding from Title 1 of the federal No Child Left Behind Act of 2001 ensure that every paraprofessional, as defined, hired on or after January 8, 2002, who is supported by those Title 1 funds and who assists in instruction to demonstrate compliance with certain criteria. Existing law, the Instructional Aide Act of 1968 authorizes school districts to employ instructional aides to assist classroom teachers. Existing law states the intent of the Legislature that teacher aides be employed in elementary schools to assist classroom teachers. This bill would require the governing board of a school district to employ a full-time paraprofessional for each kindergarten and grade 1 to 6, inclusive, classroom under its jurisdiction. (4) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board to employ properly certified persons for this work. Existing law authorizes school nurses, if authorized by the governing board, to conduct immunization programs, assess and evaluate the health and developmental status of pupils to identify specific physical disorders and other factors relating to the learning process, design and implement a health maintenance plan to meet the individual health needs of the students, refer pupils and their parents or guardians to community resources for necessary services, and perform other duties. This bill would require the governing board of a school district to employ a full-time certificated school nurse for each schoolsite under its jurisdiction. (5) Existing law allows the governing board of any school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district. Existing law requires that educational counseling include, but not be limited to, academic counseling, career and vocational counseling, and personal and social counseling. This bill would require the governing board of a school district to employ a full-time certificated counselor for every 300 pupils enrolled in any of grades 7 to 12, inclusive. (6) The bill would state the intent of the Legislature to add, to the reforms set forth above, provisions that will provide incentives to parents in an effort to decrease the numbers of pupils who drop out of school, provide supplemental financial assistance to schools based on the number of pupils enrolled in those schools who live in poverty, and increase teacher salaries. (7) Because this bill may require schools to employ additional librarians, school counselors, school nurses, and paraprofessionals, it would impose a state-mandated local program. (8) 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 18123 is added to the Education Code, to read: 18123. The governing board of a school district shall employ a full-time librarian for each library under its jurisdiction and shall make the assignments necessary to implement this requirement. SEC. 2. Section 35125 is added to the Education Code, to read: 35125. As an alternative to the compensation specified in Section 35120, the governing board of a school district with an average daily attendance for the prior school year that exceeded 500,000 may elect to have its members serve full time and receive a salary that is no less than the lowest salary received by the elected full-time members of the governing bodies of the cities that they represent. SEC. 3. Section 45331 is added to the Education Code, to read: 45331. The governing board of a school district shall employ a full-time paraprofessional for each kindergarten and grade 1 to 6, inclusive, classroom under its jurisdiction and shall make the assignments necessary to implement this requirement. SEC. 4. Section 49426.5 is added to the Education Code, to read: 49426.5. The governing board of a school district shall employ a full-time certificated school nurse for each schoolsite under its jurisdiction and shall make the assignments necessary to implement this requirement. SEC. 5. Section 49605 is added to the Education Code, to read: 49605. The governing board of a school district shall employ a full-time certificated school counselor for every 300 pupils enrolled in any of grades 7 to 12, inclusive, at the schools under its jurisdiction and shall make the assignments necessary to implement this requirement. SEC. 6. It is the intent of the Legislature to add to the reforms set forth in Sections 1 to 5, inclusive, of this act by enacting provisions that will accomplish the following: (a) Provide incentives to parents in an effort to decrease the numbers of pupils who drop out of school. (b) Provide supplemental financial assistance to schools based on the number of pupils enrolled in those schools who live in poverty. (c) Increase teacher salaries. SEC. 7. 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.