BILL NUMBER: SB 307	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 26, 2009

INTRODUCED BY   Senator Alquist
    (   Principal coauthor:   Assembly Member
  Lieu   ) 

                        FEBRUARY 25, 2009

   An act to add Section  35031.3   52322.5
 to the Education Code, relating to  school districts
  regional occupational centers or programs, and
declaring the urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 307, as amended, Alquist.  School districts:
compensation of district superintendents.   Regional
occupational centers or programs.  
   (1) Existing law authorizes the establishment of regional
occupational centers or programs to provide career technical
education and technical training to students. Existing law provides a
system for the funding of regional occupational centers or programs
that includes a provision for the apportionment of state funds to
these centers or programs.  
   This bill would require, commencing in the 2009-10 fiscal year, in
any fiscal year when a specified provision of existing law is not
operative, that a regional occupational center or program established
and maintained by school districts as a joint powers agency receive
its operating funds directly from the county office of education of
the county in which it is located, in a manner that is consistent
with the apportionments for those school districts that comprise the
joint powers authority that are provided to the county office of
education pursuant to the annual Budget Act.  
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.  
   Existing law establishes the system of public elementary and
secondary education in this state. Under that system, the governing
boards of school districts throughout the state operate elementary
and secondary schools and are authorized to employ various employees
and officers, including a district superintendent. Existing law
authorizes the governing board of a school district to elect a
district superintendent, among other officers, for a term of no more
than 4 years.  
   This bill would, commencing January 1, 2010, require the governing
board of a school district to include the following provisions in
any contract for the services of a district superintendent: the
district shall not provide any compensation to the superintendent
after the expiration of the term of the contract; the district shall
not provide any type of severance compensation to a superintendent
who resigns before the expiration of the term of the contract; and
the district shall conduct a review of the performance of the
superintendent at the close of each year of the term of the contract.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

   SECTION 1.    Section 52322.5 is added to the 
 Education Code  , to read:  
   52322.5.  Commencing in the 2009-10 fiscal year, in any fiscal
year when Section 52321 is not operative, a regional occupational
center or program established and maintained by school districts as a
joint powers agency pursuant to Section 52301 shall receive its
operating funds directly from the county office of education of the
county in which it is located, in a manner that is consistent with
the apportionments for those school districts that comprise the joint
powers authority that are provided to the county office of education
pursuant to the annual Budget Act. 
   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 provide increased flexibility in the funding of
regional occupational centers or programs, commencing with the
beginning of the 2009-10 fiscal year, it is necessary that this act
take effect immediately.  
  SECTION 1.    Section 35031.3 is added to the
Education Code, to read:
   35031.3.  Notwithstanding any other provision of law, commencing
on January 1, 2010, the governing board of a school district shall
include each of the following provisions in any contract for the
services of a district superintendent:
   (a) The district shall not provide any compensation to the
superintendent after the expiration of the term of the contract.
   (b) The district shall not provide any type of severance
compensation to a superintendent who resigns before the expiration of
the term of the contract.
   (c) The district shall conduct a review of the performance of the
superintendent at the close of each year of the term of the contract.