BILL NUMBER: AB 2384 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Bradford
FEBRUARY 21, 2014
An act to amend Sections 32281, 52852, and 64001 of, and to add
Chapter 11.5 (commencing with Section 52780) to Part 28 of Division 4
of Title 2 of, the Education Code, relating to schoolsite councils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2384, as amended, Bradford. Schoolsite councils.
Existing law, the School-Based Program Coordination Act, which is
applicable only to school districts and schools that participate in
school-based coordinated categorical programs, is established to
provide flexibility to coordinate categorical funds. The act requires
a school that participates in school-based program coordination to
establish a schoolsite council, composed of the school principal,
teachers, and other prescribed members, and requires the schoolsite
council to establish a school plan that includes, among other things,
the proposed expenditure of funds received through various
categorical programs.
Existing law, enacted in 2013, revised provisions of the public
school financing system, requires state funding for schools to be
calculated pursuant to a local control funding formula, and
authorizes local educational agencies to expend for any local
educational purpose funds previously required to be spent for various
categorical education programs. Existing law requires the governing
board of each school district to adopt a local control and
accountability plan that includes, among other things, a description
of the annual goals to be achieved for each of the state priorities
identified pursuant to specified provisions.
This bill would add provisions separate from the School-Based
Program Coordination Act that would authorize a school district to
establish a schoolsite council at any school, composed as specified,
and subject to prescribed conditions and requirements, with
responsibility for developing and annually reviewing a specified
school plan. The bill would specify that if any provision that would
be added by the bill conflicts with the provisions of the
School-Based Program Coordination Act, the provisions of the
School-Based Program Coordination Act shall prevail. The bill would
make conforming changes by updating cross-references and making
various nonsubstantive changes.
This bill would incorporate additional changes to Section 64001 of
the Education Code proposed by AB 2380 that would become operative
if this bill and AB 2380 are both enacted and this bill is enacted
last.
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. Section 32281 of the Education Code is amended to read:
32281. (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
former Section 52012, as it existed before July 1, 2005, or Section
52781 or 52852 shall write and develop a comprehensive school safety
plan relevant to the needs and resources of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the principal's designee.
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
(e) (1) When a principal or his or her designee verifies through
local law enforcement officials that a report has been filed of the
occurrence of a violent crime on the schoolsite of an elementary or
secondary school at which he or she is the principal, the principal
or the principal's designee may send to each pupil's parent or legal
guardian and each school employee a written notice of the occurrence
and general nature of the crime. If the principal or his or her
designee chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular workday after the verification. If, at the time of
verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, an act that is considered a "violent crime" shall meet
the definition of Section 67381 and be an act for which a pupil
could or would be expelled pursuant to Section 48915.
(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law enforcement
officials, elect to not have its schoolsite council develop and write
those portions of its comprehensive school safety plan that include
tactical responses to criminal incidents that may result in death or
serious bodily injury at the schoolsite. The portions of a school
safety plan that include tactical responses to criminal incidents may
be developed by administrators of the school district or county
office of education in consultation with law enforcement officials
and with a representative of an exclusive bargaining unit of
employees of that school district or county office of education, if
he or she chooses to participate. The school district or county
office of education may elect not to disclose those portions of the
comprehensive school safety plan that include tactical responses to
criminal incidents.
(2) As used in this article, "tactical responses to criminal
incidents" means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.
(3) Nothing in this subdivision precludes the governing board of a
school district or county office of education from conferring in a
closed session with law enforcement officials pursuant to Section
54957 of the Government Code to approve a tactical response plan
developed in consultation with those officials pursuant to this
subdivision. Any vote to approve the tactical response plan shall be
announced in open session following the closed session.
(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.
SEC. 2. Chapter 11.5 (commencing with Section 52780) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 11.5. SCHOOLSITE COUNCILS
52780. If any provision in this chapter conflicts with the
provisions of Chapter 12 (commencing with Section 52800), the
provisions of Chapter 12 (commencing with Section 52800) shall
prevail.
52781. (a) Pursuant to authorization by the governing board of a
school district, a schoolsite council may be established at any
school in accordance with this chapter. A schoolsite council shall
include, but is not limited to, representatives from the following
groups:
(1) Classroom teachers, to be selected by teachers at the school.
(2) School employees other than classroom teachers, to be selected
by nonteaching school employees at the school.
(3) Parents of pupils attending the school, to be selected by
parents of pupils attending the school.
(4) In secondary schools, pupils, to be selected by pupils
attending the school.
(b) The schoolsite council or the governing board of the school
district may expand the composition of a schoolsite council based on
the operational structure of the school, in accordance with the
following:
(1) For an elementary school, the schoolsite council shall be
composed to ensure parity between the following two groups:
(A) The principal, classroom teachers, and other school employees.
Classroom teachers shall comprise the majority of persons from this
group. To the extent possible, the school shall ensure that at least
one classified employee is part of this group.
(B) Parents.
(2) For a secondary school, the schoolsite council shall be
composed to ensure parity between the following two groups:
(A) The principal, classroom teachers, and other school employees.
Classroom teachers shall comprise the majority of persons from this
group. To the extent possible, the school shall ensure that at least
one classified employee is part of this group.
(B) An equal number of parents and pupils. To the extent possible,
the school shall ensure that socioeconomically disadvantaged pupils,
foster youth, and English learners are represented on the schoolsite
council.
(c) A schoolsite council is encouraged to include participation
from community organizations that participate at the schoolsite and
that are focused on the educational outcomes of the school. A
schoolsite council that elects to include participation from
community organizations is not required to have the community
organization members be official voting members of the council.
52782. A schoolwide advisory group or a school support group may
also be used as a schoolsite council, in accordance with the
provisions of this chapter.
52783. The Superintendent shall provide several examples of
selection and replacement procedures that may be considered by
schoolsite councils.
52784. The governing board of a school district shall require a
schoolsite council to establish bylaws.
52785. A schoolsite council shall maximize public input and other
means of advancing a democratic process.
52786. An employee of a school who is also a parent or guardian
of a pupil who attends a school other than the school of the parent's
or guardian's employment is not disqualified by virtue of this
employment from serving as a parent representative on the schoolsite
council established at the school that his or her child or ward
attends.
52787. A school district operating a schoolsite council shall
provide training to members of the schoolsite council on the purpose
and role of the schoolsite council.
52788. (a) A schoolsite council shall develop a school plan that
includes, but is not limited to, all of the following:
(1) Curricula, instructional strategies, and materials that
address the individual needs and learning styles of each pupil.
(2) Instructional and auxiliary services to meet the special needs
of the following pupils:
(A) Pupils of limited English proficiency, including instruction
in a language these pupils understand.
(B) Educationally disadvantaged pupils.
(C) Pupils eligible for free or reduced-price meals.
(D) Foster youth.
(E) Gifted and talented pupils.
(F) Pupils with exceptional needs.
(3) Ongoing evaluation of the educational program of the school.
(4) Other activities and objectives, as established by the
schoolsite council.
(5) The proposed expenditure of funds available to the school,
including funds available to the school through federal programs.
(6) Mechanisms to ensure that the objectives in the school
district's local control and accountability plan are being met, with
specific focus on the local control and accountability plan goals
around school climate, parent engagement, and pupil engagement.
(b) A schoolsite council is encouraged to support professional
development programs for teachers, other school employees, and
volunteers.
(c) The schoolsite council shall annually review the school plan,
establish a new budget, and, if necessary, make other modifications
in the school plan to reflect changing needs and priorities.
52789. The governing board of the school district shall review
and approve or disapprove school plans. A school plan shall not be
approved unless it was developed and recommended by the schoolsite
council. If a plan is not approved by the governing board of the
school district, specific reasons for that action shall be
communicated to the schoolsite council. Modifications to any school
plan shall be developed, recommended, and approved or disapproved in
the same manner.
SEC. 3. Section 52852 of the Education Code is amended to read:
52852. (a) Notwithstanding any other law, a schoolsite council
shall be established at each school that participates in school-based
program coordination. The schoolsite council shall be composed of
the principal and representatives of: teachers selected by teachers
at the school; other school personnel selected by other school
personnel at the school; parents of pupils attending the school
selected by such parents; and, in secondary schools, pupils selected
by pupils attending the school.
(b) (1) At the elementary level the schoolsite council shall be
constituted to ensure parity between (A) the principal, classroom
teachers, and other school personnel; and (B) parents or other
community members selected by parents.
(2) At the secondary level the schoolsite council shall be
constituted to ensure parity between (A) the principal, classroom
teachers, and other school personnel; and (B) equal numbers of
parents, or other community members selected by parents, and pupils.
(3) At both the elementary and secondary levels, classroom
teachers shall comprise the majority of persons represented under
subparagraph (A) of paragraphs (1) and (2).
(c) Existing schoolwide advisory groups or school support groups
may be utilized as the schoolsite council if those groups conform to
this section.
(d) The Superintendent shall provide several examples of selection
and replacement procedures that may be considered by schoolsite
councils.
(e) An employee of a school who is also a parent or guardian of a
pupil who attends a school other than the school of the parent's or
guardian's employment, is not disqualified by virtue of this
employment from serving as a parent representative on the schoolsite
council established for the school that his or her child or ward
attends.
SEC. 4. Section 64001 of the Education Code is amended to read:
64001. (a) (1) Notwithstanding any other law, school districts
shall not be required to submit to the department, as part of the
consolidated application, school plans for categorical programs
subject to this part. School districts shall ensure in the
consolidated application, that the Single Plan for Pupil Achievement
established pursuant to subdivision (d) has been prepared in
accordance with law, that schoolsite councils have developed and
approved a plan, to be known as the Single Plan for Pupil Achievement
for schools participating in programs funded through the
consolidated application process, and any other school program they
choose to include, and that school plans were developed with the
review, certification, and advice of any applicable school advisory
committees. The Single Plan for Pupil Achievement may also be
referred to as the Single Plan for Student Achievement. The
consolidated application shall also include certifications by
appropriate district advisory committees that the application was
developed with review and advice of those committees.
(2) For any consolidated application that does not include the
necessary certifications or assurances, the department shall initiate
an investigation to determine whether the consolidated application
and Single Plan for Pupil Achievement were developed in accordance
with law and with the involvement of applicable advisory committees
and schoolsite councils.
(b) Onsite school and district compliance reviews of categorical
programs shall continue, and school plans shall be required and
reviewed as part of these onsite visits and compliance reviews. The
Superintendent shall establish the process and frequency for
conducting reviews of district achievement and compliance with state
and federal categorical program requirements. In addition, the
Superintendent shall establish the content of these instruments,
including any criteria for differentiating these reviews based on the
achievement of pupils, as demonstrated by the Academic Performance
Index developed pursuant to Section 52052, and evidence of district
compliance with state and federal law. The state board shall review
the content of these instruments for consistency with state board
policy.
(c) (1) A school district shall submit school plans whenever the
department requires the plans in order to effectively administer any
categorical program subject to this part. The department may require
submission of the school plan for any school that is the specific
subject of a complaint involving any categorical program or service
subject to this part.
(2) The department may require a school district to submit other
data or information as may be necessary for the department to
effectively administer any categorical program subject to this part.
(d) Notwithstanding any other law, as a condition of receiving
state funding for a categorical program pursuant to Section 64000,
and in lieu of the information submission requirements that were
previously required by this section prior to the amendments that
added this subdivision and subdivisions (e) to (i), inclusive, school
districts shall ensure that each school in a district that operates
any categorical programs subject to this part consolidates any plans
that are required by those programs into a single plan. Schools may
consolidate any plans that are required by federal programs subject
to this part into this plan, unless otherwise prohibited by federal
law. That plan shall be known as the Single Plan for Pupil
Achievement or may be referred to as the Single Plan for Student
Achievement.
(e) Plans developed pursuant to subdivision (d) of former
Section 52054, as it existed before July 1, 2013,
and Section 6314 and following of Title 20 of the United
States Code, shall satisfy this requirement.
(f) Notwithstanding any other law, the content of a Single Plan
for Pupil Achievement shall be aligned with school goals for
improving pupil achievement. School goals shall be based upon an
analysis of verifiable state data, including the Academic Performance
Index developed pursuant to Section 52052 and the English Language
Development test developed pursuant to Section 60810, and may include
any data voluntarily developed by school districts to measure pupil
achievement. The Single Plan for Pupil Achievement shall, at a
minimum, address how funds provided to the school through any of the
sources identified in Section 64000 will be used to improve the
academic performance of all pupils to the level of the performance
goals, as established by the Academic Performance Index developed
pursuant to Section 52052. The plan shall also identify the schools'
means of evaluating progress toward accomplishing those goals and how
state and federal law governing these programs will be implemented.
(g) The plan required by this section shall be reviewed annually
and updated, including proposed expenditure of funds allocated to the
school through the consolidated application, by the schoolsite
council, or, if the school does not have a schoolsite council, by
schoolwide advisory groups or school support groups that conform to
the requirements of Section 52781 or 52852. The plans shall be
reviewed and approved by the governing board of the local education
agency at a regularly scheduled meeting whenever there are material
changes that affect the academic programs for pupils
students covered by programs identified in
Section 64000.
(h) The school plan and subsequent revisions shall be reviewed and
approved by the governing board of the school district. School
district governing boards shall certify that, to the extent allowable
under federal law, plans developed for purposes of this section are
consistent with district local improvement plans that are required as
a condition of receiving federal funding.
(i) Nothing in this part a ct
may be construed to prevent a school district, at its
discretion, from conducting an independent review pursuant to
subdivision (c) of Section 64001 as that section read on January 1,
2001.
SEC. 4.5. Section 64001 of the
Education Code is amended to read:
64001. (a) (1) Notwithstanding any other
provision of law, a school
districts district shall not be required to
submit to the department, as part of the consolidated application,
a school plans plan for
categorical programs that are subject to this part.
School districts shall assure, A school
district shall ensure, in the consolidated application, that
the Single Plan for Pupil Achievement single
plan for pupil achievement established pursuant to subdivision
(d) has been prepared in accordance with law, that schoolsite
councils have developed and approved a plan, to be known as the
Single Plan for Pupil Achievement single plan
for pupil achievement, for schools participating in programs
funded through the consolidated application process,
process and through the local control
funding formula established pursuant to Section 42238.02, and
any other school program they choose to include, and that school
plans were developed with the review, certification, and advice of
any applicable school advisory
committees. The Single Plan for Pupil Achievement
committees, including advisory committees established pursuant to
Section 52176. The single plan for pupil achievement may also
be referred to as the Single Plan for Student Achievement.
single plan for student achievement. The
consolidated application shall also include certifications by
appropriate school district advisory committees
committees, including advisory committees established
pursuant to Section 52176, that the application was developed
with the review and advice of those committees.
For any
(2) If a consolidated application
that does not include the necessary
certifications or assurances, the department shall initiate an
investigation to determine whether the consolidated application and
Single Plan for Pupil Achievement single plan
for pupil achievement were developed in accordance
with law and with the involvement of applicable advisory
committees committees, including advisory committees
established pursuant to Section 52176, and schoolsite councils.
(b) Onsite school and district compliance reviews of categorical
programs shall continue, and school plans shall be required and
reviewed as part of these onsite visits and compliance reviews. The
Superintendent shall establish the process and frequency for
conducting reviews of school district achievement and
compliance with state and federal categorical program requirements.
In addition, the Superintendent of Public Instruction
shall establish the content of these instruments, including
any criteria for differentiating these reviews based on the
achievement of pupils, as demonstrated by the Academic Performance
Index developed pursuant to Section 52052, and evidence of district
compliance with state and federal law. The state board shall review
the content of these instruments for consistency with state board
policy. If the department makes materials or information
available to school districts to assist them in the development of
their single plan for pupil achievement, the department shall ensure
that all materials and information emphasize that the plan be
consistent with and, to the extent possible, support the goals and
outcomes specified in the school district's local control and
accountability plan, required pursuant to Section 52060.
(c) (1) A school district shall submit
school plans whenever the department requires the plans in order to
effectively administer any categorical program subject to this part.
The department may require submission of the school plan for any
school that is the specific subject of a complaint involving any
categorical program or service subject to this part.
The
(2) The department may require a
school district to submit other data or information as may be
necessary for the department to effectively administer any
categorical program subject to this part.
(d) (1) Notwithstanding any other
provision of law, as a condition of receiving
state funding for a categorical program pursuant to Section
64000, and in lieu instead of the
information submission requirements that were previously
required by this section prior to the amendments
that added this subdivision and subdivisions (e) to (i), inclusive,
school districts before January 1, 2002, a school
district shall ensure that each school in a district
its jurisdiction that operates any
categorical programs subject to this part consolidates
any the plans that are required by those
programs into a single plan. Schools may consolidate any plans that
are required by federal programs subject to this part into this plan,
unless otherwise prohibited by federal law. That plan shall be known
as the Single Plan for Pupil Achievement
single plan for pupil achievement or may be referred to as the
Single Plan for Student Achievement. single
plan for student achievement.
(e) Plans developed pursuant to subdivision (d) of Section 52054,
and Section 6314 and following of Title 20 of the United States Code,
shall satisfy this requirement.
(2) To facilitate the alignment of required activities and avoid
the duplication of effort, as referenced in Sections 52063 and 52064
with respect to school plans, local control and accountability plans,
and federal law, a school district shall develop the local control
and accountability plan and annual updates in consultation with
schoolsite level advisory groups and ensure that the local control
and accountability plan and its specific actions are consistent with,
and reflective of, the goals and plans of schoolsites.
(f)
(e) Notwithstanding any other provision of
law, the content of a Single Plan for Pupil
Achievement single plan for pupil achievement
shall be aligned with school goals for improving pupil achievement.
School goals shall be based upon an analysis of verifiable state
data, including the Academic Performance Index developed pursuant to
Section 52052 and the English Language Development
language development test developed pursuant to Section
60810, and may include any data voluntarily developed by school
districts to measure pupil achievement. The Single
Plan for Pupil Achievement single plan for pupil
achievement shall, at a minimum, address how
funds moneys provided to the school through any
of the sources identified in Section 64000 will be used to improve
the academic performance of all pupils to the level of the
performance goals, as established by the Academic Performance Index
developed pursuant to Section 52052. The plan shall also identify the
schools' means of evaluating progress toward accomplishing those
goals and how state and federal law governing these programs will be
implemented. The plan shall also align with the school district'
s goals for unduplicated pupils in the state and local priority areas
identified pursuant to Section 52060.
(g)
(f) (1) The plan required by this
section shall be reviewed annually and updated, including
proposed expenditure of funds allocated to the school through the
consolidated application, updated by the
schoolsite council, council or, if the
school does not have a schoolsite council, by schoolwide advisory
groups or school support groups that conform to the requirements of
Section 52852. The plans shall be reviewed and approved by
the governing board of the local education agency at a regularly
scheduled meeting whenever there are material changes that affect the
academic programs for students
covered by programs identified in Section 64000.
52781 or 52852, to include, but not be limited to,
both of the following:
(A) Proposed expenditures of funds allocated to the school through
the consolidated application.
(B) Alignment with the school district's local control and
accountability plan and a minimization of the duplication of efforts.
(2) The plan shall be approved by the governing board of the
school district at a regularly scheduled meeting whenever there are
material changes that affect the academic programs for pupils covered
by programs identified in Section 64000.
(h)
(g) The school plan and subsequent revisions shall be
reviewed and approved by the governing board of the school district.
School district governing boards The governing
board of the school district shall certify that, to the extent
allowable under federal law, plans developed for purposes of this
section are consistent with district local improvement plans that are
required as a condition of receiving federal funding.
(i) Nothing in this act may be construed to
( h) This section does not
prevent a school district, at its discretion, from conducting
an independent review pursuant to subdivision (c) of Section
64001 as that section this section as it read
on January 1, 2001.
SEC. 5. Section 4.5 of this bill incorporates
amendments to Section 64001 of the Education Code proposed by both
this bill and Assembly Bill 2380. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 64001 of the Education Code,
and (3) this bill is enacted after Assembly Bill 2380, in which case
Section 4 of this bill shall not become operative.