BILL NUMBER: AB 406 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Yamada
FEBRUARY 23, 2009
An act to add Article 5.3 (commencing with Section 44540) to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
relating to school personnel.
LEGISLATIVE COUNSEL'S DIGEST
AB 406, as amended, Yamada. School personnel: Classified School
Employee Training Program.
Existing law establishes the Administrator Training Program and
the Chief Business Officer Training Program under the administration
of the Superintendent of Public Instruction. Under these programs,
the Superintendent awards incentive funding for the prescribed
training to school districts and county offices of education meeting
specified program criteria.
This bill would establish the Classified School Employee Training
Program. The bill would provide for the program to be administered by
the Superintendent, with the approval of the State Board of
Education. Under the Classified School Employee Training Program, the
Superintendent would award incentive funding to eligible school
districts, county offices of education, charter schools, and
community college districts for prescribed instruction and training
for classified school employees. These provisions
would not become operative unless and until the Superintendent
certifies that the funding for this bill in the fiscal year in which
the program commences exceeds the amount appropriated for the
Administrator Training Program in the Budget Act of 2009. The
bill would require the State Department of Education, after the
program has been implemented operative
for 5 no more than 3 years, to develop,
subject to review and approval by the state board, a final
report for submission to the Legislature regarding the
program.
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. Article 5.3 (commencing with Section 44540) is added to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
to read:
Article 5.3. Classified School Employee Training Program
44540. (a) This article shall be known and may be cited as the
Classified School Employee Training Program.
(b) The Classified School Employee Training Program is hereby
established. The Superintendent, with the approval of the State Board
of Education, shall administer the program.
(c) For purposes of this article, the following terms have the
following meanings:
(1) "Classified school employee" means a person employed on a
full-time or a part-time basis as a classified school employee at a
community college, or a public school or a state special school in
which kindergarten or any of grades 1 to 12, inclusive, are taught.
(2) "Hard-to-staff school" means a school in which teachers
holding emergency permits or credential waivers make up 20 percent or
more of the teaching staff.
(3) "High-priority school" means a school in the bottom half of
all schools based on the Academic Performance Index rankings
established pursuant to subdivision (a) of Section 52056.
(4) "Local educational agency" means a school district, a county
office of education, a charter school, or a community college
district.
44541. (a) It is the intent of the Legislature that, from funds
appropriated for the purpose of this article, the Superintendent
shall award incentive funding to provide classified school employees
with instruction and training in areas that include, but are not
necessarily limited to, all of the following:
(1) Curriculum frameworks and instructional materials aligned to
the state academic standards.
(2) The management of state and local pupil data, assessment
instruments, and specific ways to use assessment data from the
Standardized Testing and Reporting (STAR) Program, including
analyzing achievement of specific subgroups, including English
language learners and individuals with exceptional needs.
(3) The management strategies and best practices regarding the use
of educational technology to improve pupil performance.
(4) Pupil and campus safety: training and staff development in the
latest and best practices for pupil safety and campus safety.
(5) School facilities and maintenance: training and staff
development in best practices and changing technology for school
facilities. School districts that receive grants for new facility
technology shall set aside a portion of the funding for staff
development and training to classified school employees to maintain
the equipment or system.
(6) Chemical safety: training and staff development on pesticides
and other possibly toxic substances to that they may safely be used
on campus.
(7) School transportation and bus safety: training and staff
development on the best practices and standards for pupil
transportation.
(8) Parent involvement: training and staff development to enhance
the ability of a school to increase parent involvement at
schoolsites.
(9) Food service: training and staff development in food
preparation to provide nutritional meals and food management.
(10) Health and nursing standards: training and staff development
on the latest and best practices for pupil health care needs.
(11) At-risk pupils: training and staff development in methods for
providing timely and appropriate interventions and assistance to
at-risk pupils and their parents.(12) Special education: training and
staff development to stay current with the latest and best practices
to meet the needs of special education pupils, and to comply with
any new state and federal mandates.
(13) Academic standards: training for paraprofessionals to assist
teachers and administrators to improve the academic achievement of
pupils that shall include, but not necessarily be limited to,
capacity building in all of the following areas:
(A) Pedagogies of learning.
(B) Motivating pupil learning.
(C) Instructional strategies for teaching essential content in
ways that address the varied learning needs of pupils, with special
emphasis on English language learners and individuals with
exceptional needs.
(D) Collaboration.
(E) Conflict resolution, including reduction of racial tensions.
(F) Respect for diversity.
(G) Parent involvement.
(H) Staff relations.
(I) Creation of an effective, safe, and inclusive learning
environment.
(J) A single plan for pupil achievement.
(b) All local educational agencies shall be eligible to apply for
funds appropriated for the purposes of this article.
(c) The Superintendent shall identify existing state, federal, or
local funds that can be used for classified school employees, and
make a recommendation to local educational agencies on the
appropriate set-aside of funds intended for staff development for
classified staff with appropriate guidelines that are consistent with
federal requirements.
(c) This article shall not become operative unless and until the
Superintendent certifies that the funding for this article in the
fiscal year in which the program commences exceeds the amount
appropriated for the Administrator Training Program established by
Article 4.6 (commencing with Section 44510) in the Budget Act of
2009.
44542. (a) To receive incentive funding for the purposes of this
article, a local educational agency, individually or in partnership
with one or more institutions of higher education or other
educational entities, shall submit a program proposal to the
Superintendent. The program proposal shall contain an expenditure
plan, and shall specify how the training program for which funding is
being requested addresses the program goals specified in paragraphs
(1) to (13), inclusive, of subdivision (a) of Section 44541 and how
the local educational agency plans to continue ongoing training to
classified school employees.
(b) The Superintendent shall approve or disapprove a local
educational agency's plan for training of classified school employees
serving kindergarten and grades 1 to 12, inclusive, with respect to
school districts and county offices of education.
(c) The Chancellor of the California Community Colleges shall
approve or disapprove a community college district plan for training
of classified school employees serving community colleges, and
transmit approved community college district plans to the
Superintendent for his or her consideration for funding.
(d) It is the intent of the Legislature that a local educational
agency give highest priority to training classified employees
assigned to, and practicing in, high-priority or hard-to-staff
schools.
44543. After five years of implementation
No later than three years after this article becomes operative
pursuant to subdivision (c) of Section 44541 , the department
shall develop, subject to review and approval by the state board, a
final report for submission to the Legislature
regarding the program established pursuant to this article. The
final report shall, at a minimum, detail all of
the following:
(a) The number of classified school employees 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 classified school
employees that each entity has trained.
(c) Information detailing the effectiveness of the program
established pursuant to this article. This information, at a minimum,
shall incorporate survey data concerning program effectiveness that
has been gathered from program participants.
(d) Information detailing the retention rate of classified school
employees who participated in training offered pursuant to this
article.
(e) A comparison of the Academic Performance Index scores for
elementary and secondary schools within participating local
educational agencies for the year before the school's classified
school employees receive training pursuant to this article and for
the second year after the classified school employees complete the
training provided pursuant to this article.
(f) Relevant data required to be included in the school
accountability report card pursuant to Section 33126.