BILL NUMBER: AB 117	CHAPTERED  09/15/99

	CHAPTER   374
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 23, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999
	AMENDED IN ASSEMBLY   MARCH 16, 1999

INTRODUCED BY   Assembly Member Mazzoni
   (Coauthors:  Assembly Members Alquist, Aroner, and Washington)

                        JANUARY 5, 1999

   An act to add Section 35182.5 to the Education Code, relating to
school district governing boards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 117, Mazzoni.  School district governing boards:  contracts.
   Under existing law, the governing board of a school district may
initiate and carry on any program, activity, or may otherwise act in
any manner that is not in conflict with or inconsistent with, or
preempted by, any law and that is not in conflict with the purposes
for which school districts are established.
   This bill would prohibit the governing board of a school district
from entering into a contract that grants exclusive advertising
rights, or grants the right to the exclusive sale of carbonated
beverages, throughout the district to a person, business, or
corporation unless the governing board of the school district has
adopted a policy after a public hearing to ensure that the district
has internal controls in place regarding the expenditure of public
funds.  The bill would also prohibit the governing board from
entering a contract that prohibits a school district employee from
disparaging the goods or services of the party contracting with the
board.  The bill would prohibit the governing board of a school
district from entering into a contract, or from permitting a school
within the school district from entering into a contract, for an
electronic product or service that requires the dissemination of
advertising to pupils unless the governing board of the school
district enters into the contract at a noticed public hearing,
provides written notice to parents or guardians of pupils regarding
that the advertising will be used in the classroom, permits a parent
to request that the pupil not be exposed to the program containing
the advertising, and makes certain findings  that the electronic
product or service is or would be an integral component of the
education of pupils and that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
   This bill would allow a school district to sell advertising
products, or services on a nonexclusive basis.


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


  SECTION 1.  Section 35182.5 is added to the Education Code, to
read:
   35182.5.  (a) The governing board of a school district may not do
any of the following:
   (1) Enter into a contract that grants exclusive advertising or
grants the right to the exclusive sale of carbonated beverages
throughout the district to a person, business, or corporation unless
the governing board of the school district has adopted a policy after
a public hearing of the governing board to ensure that the district
has internal controls in place to protect the integrity of the public
funds and to ensure that funds raised benefit public education, and
that the contracts are entered into on a competitive basis pursuant
to procedures contained in Section 20111 of the Public Contract Code
or through the issuance of a Request for Proposal.
   (2) Enter into a contract that prohibits a school district
employee from disparaging the goods or services of the party
contracting with the school board.
   (3) Enter into a contract or permit a school within the district
to enter into a contract for electronic products or services that
requires the dissemination of advertising to pupils unless the
governing board of the school district does all of the following:
   (A) Enters into the contract at a noticed public hearing of the
governing board.
   (B) Makes a finding that the electronic product or service in
question is or would be an integral component of the education of
pupils.
   (C) Makes a finding that the school district cannot afford to
provide the electronic product or service unless it contracts to
permit dissemination of advertising to pupils.
   (D) Provides written notice to the parents or guardians of pupils
that the advertising will be used in the classroom or other learning
centers.  This notice shall be part of the district's normal ongoing
communication to parents or guardians.
   (E) Offers the parents the opportunity to request in writing that
the pupil not be exposed to the program that contains the
advertising.  Any request shall be honored for the school year in
which it is submitted, or longer if specified, but may be withdrawn
by the parents or guardians at any time.
   (b) The governing board of a school district may sell advertising,
products, or services on a nonexclusive basis.
   (c) The governing board of a school district may post public signs
indicating the district's appreciation for the support of a person
or business for the district's education program.
   (d) Contracts entered into prior to the operative date of this
section may remain in effect, but may not be renewed if they are in
conflict with this section.