BILL ANALYSIS Ó
AB 1206
Page 1
Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1206
(Chu) - As Introduced February 27, 2015
SUBJECT: School accountability: local control and
accountability plans: California Collaborative for Educational
Excellence
SUMMARY: Adds two school board members to the California
Collaborative for Education Excellence (CCEE). Specifically,
this bill:
1)Adds one school board member to the CCEE from a school
district with more than 2,500 total pupils.
2)Adds one school board member to the CCEE from a school
district with fewer than 2,500 total pupils.
3)Provides that both school board representatives shall be
appointed by a majority of the CCEE board members.
4)Provides that the CCEE may provide assistance to a district if
a state-appointed trustee or administrator requests it.
AB 1206
Page 2
EXISTING LAW:
1)Establishes the CCEE, whose purpose is to advise and assist
local education agencies (LEAs) in achieving the goals set
forth in their local control and accountability plans (LCAPs).
2)Requires the CCEE to be governed by a five-member board
consisting of the following members:
a) The SPI or his or her designee;
b) The president of the SBE or his or her designee;
c) A county superintendent of schools appointed by the
Senate Rules Committee;
d) A teacher appointed by the Speaker of the Assembly; and
e) A superintendent of a school district appointed by the
Governor.
3)Requires the Superintendent of Public Instruction (SPI), in
consultation with the State Board of Education (SBE), to
contract with an LEA to serve as the fiscal agent for the
CCEE.
4)Requires the fiscal agent, at the direction of the CCEE
governing board, to contract with individuals, LEAs, or
organizations with the expertise, experience, and a record of
success to provide assistance to LEAs that are failing to meet
specified performance objectives.
5)Authorizes the SPI to direct the CCEE to advise and assist an
LEA in any of the following circumstances:
a)The governing board of the LEA requests the advice and
assistance of the CCEE;
b) The superintendent of schools in the county in which the
school district or charter school is located determines
that the advice and assistance of the CCEE is necessary to
help the school district or charter school accomplish the
goals it has set in its LCAP; or
AB 1206
Page 3
c) The SPI determines the advice and assistance of the CCEE
is necessary to help an LEA accomplish the goals it has set
in its LCAP.
6)Requires LEAs to adopt an LCAP by July 1, 2014 using a
template adopted by the SBE and requires that the LCAP:
a) Be updated every year and renewed every three years;
b) Be developed in consultation with teachers, principals,
administrators, other school personnel, parents, and
pupils;
c) Include annual achievement goals for all pupils,
including specified pupil subgroups, and a description of
actions that will be taken to achieve those goals;
d) Address the following eight state priorities:
i) Requirements related to the Williams v. State of
California settlement agreement related to fully
credentialed teachers, instructional materials, and
school facilities;
ii) Implementation of academic and performance
standards, including English language development
standards;
iii) Parental involvement;
iv) Pupil achievement, as measured by statewide
assessments;
AB 1206
Page 4
v) Pupil engagement, as measured by attendance, dropout
and graduation rates, and expulsions/suspensions;
vi) School climate, as measured by suspension rates,
expulsion rates, and other local measures, such as
surveys;
vii) The extent to which pupils have access to and are
enrolled in a broad course of study; and
viii) Pupil outcomes, if available, for non-state-assessed
courses of study.
e) Be aligned with the district's budget and describe how
the district will "increase or improve services for
unduplicated pupils in proportion to its increase in funds
apportioned on the basis of the number and concentration of
unduplicated pupils in the district."
FISCAL EFFECT: Unknown
COMMENTS: The CCEE and LCAP were both established as the
accountability component of the Local Control Funding Formula
(LCFF). The purpose of the CCEE is to provide advice and
assistance to LEAs that persistently fail to achieve specified
pupil outcome goals. LEAs also may seek assistance from the
CCEE on their own.
AB 1206
Page 5
Existing law requires the SPI, with the approval of the SBE, to
contract with an LEA or a consortium of LEAs to serve as the
CCEE's fiscal agent. In addition, existing law requires the
CCEE to be governed by a board consisting of the following:
The SPI or his or her designee;
The president of the SBE or his or her designee;
A county superintendent of schools appointed by the
Senate Rules Committee;
A teacher appointed by the Speaker of the Assembly; and
A superintendent of a school district appointed by the
Governor.
The SPI has contracted with the Riverside County Office of
Education to serve as the fiscal agent. The CCEE held its first
meeting on February 25, 2015 at which it elected officers,
adopted bylaws, and appointed an ad hoc sub-committee to
initiate the process to search for an executive director.
This bill increases the CCEE board's membership from five to
seven by adding two school board members. In addition, the bill
provides that the services of the CCEE may be requested by a
state-appointed trustee or administrator. Trustees and
administrators are assigned by the Superintendent of Public
Instruction to school districts that are unable to meet their
financial obligations and have requested an emergency
apportionment. If the amount of the emergency apportionment is
less than 200% of the district's minimum required reserve, then
the SPI appoints a trustee, who has the authority to stay and
rescind actions of the governing board. If the amount of the
emergency loan is greater than 200% of the district's minimum
required reserve, then the SPI appoints a state administrator,
who, pursuant to Education Code Section 41326(b), "shall assume
all the legal rights, duties and powers of the governing board"
of the district. Accordingly, existing law already gives a
state-appointed administrator the authority to request the
assistance of the CCEE, because assistance may be requested by
AB 1206
Page 6
the governing board, and the administrator assumes the powers of
the board, so the bill is not needed for this purpose.
However, the state-appointed trustee does not assume the rights,
duties, and powers of the governing board. Instead, the trustee
has the power to stay and rescind actions of the board. By
giving the trustee the authority to request the assistance of
the CCEE, this bill expands the authority of the trustee and
empowers the trustee to take an action that requires the
expenditure of school district funds. Since-even with a
state-appointed trustee-the governing board retains fiduciary
responsibility for the district, staff recommends that, if the
committee votes to pass this bill, it be amended to delete this
provision.
The CCEE board has only one statutory function. The only
function of the CCEE board is to direct the fiscal agent to
"contract with individuals, local educational agencies, or
organizations with the expertise, experience, and a record of
success" to provide advice and assistance to LEAs. The areas of
expertise and experience required of the individuals, LEAs, or
organizations with whom the fiscal agent contracts must include,
but not necessarily be limited to, the following:
The eight state priorities that must be addressed by
the LCAP;
Improving the quality of teaching;
Improving the quality of school district and
schoolsite leadership; and
Successfully addressing the needs of special pupil
populations, including, but not limited to, English
learners, pupils eligible to receive a free or
reduced-price meal, pupils in foster care, and individuals
with exceptional needs.
What the CCEE board does not do. The CCEE board does not have a
AB 1206
Page 7
statutory role in evaluating LEA performance, determining which
LEAs receive advice and assistance, or the delivery of advice
and assistance. Those functions lay with the SPI, county
superintendents of schools, and the individuals and
organizations with whom the fiscal agent contracts to provide
the services. The committee may wish to consider what purpose
would be served by adding new representation to a board that
does not have any "hands on" responsibility for working with
underperforming schools.
How big is big enough? Given the limited scope of the CCEE
board's statutory responsibility, its composition was designed
to include a few members who are broadly representative of the
education community, instead of having a large number of members
representing multiple segments of the education community. This
bill may establish a precedent for other segments of the
education community to also seek representation on the board.
In fact, another bill, AB 839 (Allen), which also is pending in
the Assembly Education Committee, adds one parent and one
charter school representative to the CCEE. If this bill and AB
839 are both enacted, board membership would increase from five
to nine members. The committee may wish to consider how large
the CCEE should be in order to fulfill its single statutory
role, whether it is necessary to have representation from
multiple segments of the education community, and-if so-where
the line should be drawn.
Arguments in support. Supporters argue that "So much of the
design of the LCFF and the Local Control Accountability Plan
process relies on good governance practices of school boards so
adding that perspective to the CCEE board makes sense."
Related legislation. AB 839 (Allen), which is pending in the
Assembly Education Committee, adds a parent and a charter school
representative to the CCEE. Last year's AB 2408 (Allen), which
also added a parent and a charter school representative to the
AB 1206
Page 8
CCEE, was vetoed by the Governor with the following message:
I am returning Assembly Bill 2408 without my
signature.
This bill would add two new members to the California
Collaborative for Educational Excellence that was
recently established under the Local Control Funding
Formula.
It is premature to alter the composition of the
Collaborative prior to its initial meeting. I would
prefer to see how the Collaborative functions in its
current form before making any changes.
Sincerely,
Edmund G. Brown Jr.
REGISTERED SUPPORT / OPPOSITION:
Support
California School Boards Association
Opposition
None received
AB 1206
Page 9
Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087