BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 406
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          Date of Hearing:   April 1, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                 AB 406 (Yamada) - As Introduced:  February 23, 2009
           
          SUBJECT  :   School personnel: Classified School Employee Training  
          Program.

           SUMMARY  :   Establishes the Classified School Employee Training  
          Program for classified employees at the community colleges and  
          K-12 public schools.  Specifically,  this bill  :  

          1)Establishes the Classified School Employee Training Program  
            and requires the Superintendent, with the approval of the  
            State Board of Education, to administer the program.

          2)Defines "Classified school employee" as 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 are  
            taught.

          3)Defines "Hard-to-staff school" as a school in which teachers  
            holding emergency permits or credential waivers make up 20% or  
            more of the teaching staff. 

          4)Defines "High-priority school" as a school in the bottom half  
            of all schools based on the Academic Performance Index  
            rankings. 

          5)Defines "Local educational agency" as a school district, a  
            county office of education, a charter school, or a community  
            college district.

          6)Declares Legislative intent that, from funds appropriated for  
            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:
             a)   Curriculum frameworks and instructional materials  
               aligned to the state academic standards.
             b)   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,  








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               including analyzing achievement of specific subgroups,  
               including English language learners and individuals with  
               exceptional needs.
             c)   The management strategies and best practices regarding  
               the use of educational technology to improve pupil  
               performance.
             d)   Pupil and campus safety.
             e)   School facilities and maintenance.  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.
             f)   Chemical safety.
             g)   School transportation and bus safety.
             h)   Parent involvement.
             i)   Food service.
             j)   Health and nursing standards.
             aa)  At-risk pupils.
             bb)  Special education.
             cc)  Academic standards: training for paraprofessionals to  
               assist teachers and administrators to improve the academic  
               achievement of pupils to include, but not necessarily be  
               limited to, capacity building in all of the following  
               areas:
               i)     Pedagogies of learning.
               ii)    Motivating pupil learning.
               iii)   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.
               iv)    Collaboration.
               v)     Conflict resolution, including reduction of racial  
                 tensions.
               vi)    Respect for diversity.
               vii)   Parent involvement.
               viii)  Staff relations.
               ix)    Creation of an effective, safe, and inclusive  
                 learning environment.
               x)     A single plan for pupil achievement.

          7)Requires the Superintendent to 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  








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            guidelines that are consistent with federal requirements.

          8)Specifies that 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 including an  
            expenditure plan; how the training program for which funding  
            is being requested addresses the program goals; and, how the  
            local educational agency plans to continue ongoing training to  
            classified school employees.

          9)Directs the Superintendent to approve or disapprove a local  
            educational agency's plan for training of classified school  
            employees serving kindergarten and grades 1 to 12, with  
            respect to school districts and county offices of education.

          10)Directs the Chancellor of the California Community Colleges  
            to 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.

          11)Requires, after five years of implementation, the department  
            to develop, subject to review and approval by the state board,  
            a final report for submission to the Legislature. 

          12)Requires the report to include, at a minimum, all of the  
            following: 
             a)   The number of classified school employees who received  
               training.
             b)   The entities that received funds for the purpose of  
               offering training and the number of classified school  
               employees that each entity has trained.
             c)   Information detailing the effectiveness of the program;  
               and, at a minimum, to 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.
             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 and for the  








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               second year after the classified school employees complete  
               the training provided.
             f)   Relevant data required to be included in the school  
               accountability report card.

           EXISTING LAW  :

          1)Establishes the Administrator Training Program to provide  
            training for principals and vice principals at K-12 public  
            schools which requires incentive grants not to exceed $3,000  
            per schoolsite administrator; requires the SPI to report to  
            the Legislature; and, establishes a sunset date of July 1,  
            2012. (Education Code Section 44510)

          2)Establishes the Chief Business Officer Training Program to  
            provide training for chief business or financial officers at  
            school districts or county offices of education (COE), or  
            people nominated by school districts or COE's, which requires  
            incentive grants not to exceed $3,000 per candidate; requires  
            the SPI to report to the Legislature; and, establishes a  
            sunset date of July 1, 2009. (Education Code Section 44518)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill creates the Classified School Employee  
          Training Program for K-12 and community college employees.   
          Existing law provides training for administrators and chief  
          business officers, and it is also important to provide training  
          for classified school employees.   Classified employees are  
          often the most impacted by budget cuts, and are most likely to  
          take on new work responsibilities due to budget cuts.  It is  
          important to provide training to classified employees who take  
          on significant new responsibilities, to ensure the safety of  
          employees and students.

          Currently, there is not a statewide training program for  
          classified employees.  If fact, paraeducators are currently the  
          only classified employees that have access to training programs  
          within existing state categorical programs.  This measure will  
          create a statewide training program for all classified employees  
          and their various areas of expertise, modeled after the existing  
          Administrator Training Program.

          Classified school employees include paraeducators, healthcare  
          professionals, office and clerical staff, bus drivers,  








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          groundskeepers, custodians, information technology assistants,  
          instructional assistants, food service workers, and school  
          safety personnel.  In these capacities, they frequently interact  
          with parents and students, and are important partners in  
          educational success.  They are employed in public K-12 school  
          settings or at public community colleges and have major  
          responsibilities for reinforcing classroom instruction and the  
          health and safety of students.  Classified school employees  
          include part time as well as full time staff. 

          As a result of the most recent Budget Act, the Administrator  
          Training Program and the Chief Business Officer (CBO) Training  
          Program were placed in Tier 3, which means the program funding  
          was reduced by 19.8%.  The total program funding for the  
          Administrator Training Program for the 2009-10 Budget year was  
          $3.639 million.  This item sets aside approximately $810,000 for  
          CBO training for the 2009-10 Budget year, which also represents  
          a reduction of 19.8%.  In addition to the reduction in funding,  
          these programs are open to categorical flexibility, which means  
          school districts can use the funds for any purpose.  This means  
          that districts are not required to offer administrator training  
          or CBO training and instead can transfer those funds to other  
          programs.  In light of this, is it appropriate to establish a  
          new categorical program?   Would this new program be funded  
          differently than the existing training programs that are given  
          full flexibility at the local level?

          According to the author, under current law there is no  
          consolidated program that establishes a training program for  
          classified school employees to learn new approaches in  
          fulfilling their job responsibilities such as training to learn  
          the latest and best practices for pupil and campus safety;  
          training and staff development in food preparation to provide  
          nutritional meals and food management; training and staff  
          development in methods for providing timely and appropriate  
          interventions and assistance to at-risk pupils and their  
          parents; and other training related to the enhancement of job  
          responsibilities of classified school employee so that they may  
          better serve the needs of students to create a safe, clean  
          learning environment in schools and community colleges.

          According to the author, schools rely on paraeducators,  
          healthcare professionals, information technology assistants and  
          other classified school employees to effectively meet these  
          challenges.  However, they often do not receive adequate  








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          training.  Training is needed to enhance existing skills as well  
          as to learn new approaches to better serve the needs of students  
          and to create a safe, clean learning environment in our schools  
          and community colleges.  Therefore, training for classified  
          school employees is imperative to the success of our students.   
          Existing law establishes the Administrator Training Program and  
          Chief Business Officer Training Program under the administration  
          of the Superintendent of Public Instruction.  Existing law also  
          establishes training programs for teachers.  Classified school  
          employees need structured, consolidated, and efficient training  
          programs, as much as school administrators and teachers.

           Committee Amendments  . Committee staff recommends the bill be  
          amended to correct a drafting error with regard to the funding  
          of this program.  Staff recommends the bill be amended to  
          specify that this program shall become operable upon  
          appropriation of new funds in the annual Budget Act for this  
          program and that the reporting requirements shall commence 3  
          years after the appropriation of funds.  Staff recommends the  
          bill be amended to include a priority for funding for high  
          priority or hard to staff schools.  Staff further recommends the  
          bill be amended to insert a sunset and repeal date, similar to  
          the Administrator Training Program and Chief Business Officer  
          Training Program.

           Previous legislation  : SB 352 (Scott), Chapter 356, Statues of  
          2005 established the Chief Business Officer Training Program. 

          SB 430 (Nava), Chapter 364, Statues of 2005 reauthorized the  
          Administrator Training Program.

          AB 75 (Steinberg), Chapter 697, Statues of 2001 established the  
          Principal Training Program, which was re-named by SB 430 (Nava)  
          as the Administrator Training Program.

          AB 341 (Strom-Martin) Chapter 884, Statutes of 2001 required the  
          California Department of Education (CDE) to contract for the  
          development of standards for professional development for  
          educators and instructional leaders.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California School Employees Association (Sponsor)








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          American Federation of State, County and Municipal Employees
          California Teachers Association

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087