BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2005-2006 Regular Session
BILL NO: AB 1381
AUTHOR: Nunez
AMENDED: June 26, 2006
FISCAL COMM: Yes HEARING DATE: June 28, 2006
URGENCY: No CONSULTANT:James Wilson
NOTE: This bill has been amended to replace its contents
and this is the first time the bill is being heard in its
current form.
SUBJECT : Los Angeles Unified School District: Governance
SUMMARY
This bill revises the governance of the Los Angeles Unified
School District (LAUSD) by:
1) Enhancing the authority of the LAUSD Superintendent
over a number of functions previously controlled by
the LAUSD governing Board (Board).
2) Creating a Council of Mayors of territory contained
within the LAUSD with oversight and specified
authority over a number of functions.
3) Establishing the Los Angeles Mayor's Community
Partnership for School Excellence (Partnership) with
oversight over three clusters of low performing
schools and to operate a demonstration project with
regard to those schools.
4) Providing for an independent evaluation of this
measure to be completed by January 1, 2011, with the
measure to self repeal on January 1, 2013.
BACKGROUND
In 1999, the Los Angeles Unified School District created an
Internal Audits and Special Investigations Unit to
investigate internal cases of waste and fraud. Later that
year, the office was recognized and extended specific
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investigatory powers by SB 1260 (Chapter 295 of 1999). The
following year, the unit was renamed as the Office of the
Inspector General and the Director of the Internal Audit
and Special Investigations Unit became the Inspector
General (SB 1360, Chapter 750 of 2000).
Current law authorizes the Governing Board of any school
district to request that the State Board of Education waive
provisions of the Education Code with specified exceptions.
ANALYSIS
This bill:
LAUSD Superintendent and Board
1) Authorizes the LAUSD District Superintendent to
request that the State Board waive sections of the
Education Code using existing waiver authority that
allows the governing board to request such waivers.
Sections of law that may not be waived under current
law likewise may not be waived under the new authority
and if the State Board fails to act on a waiver within
60 days it is automatically approved for two years.
2) Transfers from the Board to the LAUSD District
Superintendent authority over the appointment and
dismissal of the following personnel:
a) Personnel in the Office of the LAUSD
Superintendent.
b) School principals in LAUSD, subject to
ratification by the Board.
3) Transfers from the Board to the LAUSD District
Superintendent authority over the fiscal operations of
the district, including the negotiation of contracts
under existing legal requirements, but not including
any collectively bargained contracts.
4) Declares that the LAUSD Superintendent has the
authority to make decisions regarding litigation,
including non-monetary settlements.
5) Provides that the LAUSD Superintendent and Board, when
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selecting textbooks (curriculum and instructional
materials) shall ensure all of the following:
a) Teachers and certificated staff have an
authentic and central role.
b) The majority of the curriculum committee are
classroom teachers.
c) The K-8 instructional materials are adopted
by the State Board.
d) The grade 9 - 12 instructional materials,
that are adopted by the LAUSD Board, are aligned
to State Content Standards.
e) There is a wide variety of supplemental
instructional materials consistent with the needs
of the pupils and available at school sites.
6) Provides that the LAUSD governing Board retains
existing authority to establish graduation standards.
Council of Mayors
7) Establishes a Council of Mayors comprised of all
mayors of cities with territory that extends into the
attendance boundaries of the LAUSD and any LA County
Supervisor whose district contains unincorporated
territory with LAUSD boundaries.
8) Provides that the Council of Mayors shall act by a
majority of the weighted vote of each member and that
each member's vote shall be weighted proportional to
the population represented by that member which is
also within the boundaries of the LAUSD.
9) Provides that the Council of Mayors may select a
representative to participate in the selection of the
LAUSD Superintendent by the LAUSD Board. The Council
of Mayors may ratify the selection of the LAUSD
Superintendent, including contract terms, but the
final decision remains with the LAUSD Board.
10) Requires the Council of Mayors to comply with all laws
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applicable to Boards, including the Brown Act and the
Political Reform Act.
11) Provides that the Council of Mayors:
a) May annually review and comment on the
School Accountability Report Cards (SARC) of each
school in the LAUSD.
b) Have oversight over joint-use facilities
projects involving LAUSD.
c) Provide (local government) input to
facilities strategic plans and decisions
concerning the selection of school sites.
d) Cooperates with the LAUSD to review assets
to ensure the coordination and delivery of local
government services to children and families in
the LAUSD.
12) Provides that the LAUSD Superintendent manages the
LAUSD facilities program and retains all decision
making authority but the Council of Mayors may advise
the Superintendent and the Board must approve all
eminent domain proceedings.
13) Provides that the LAUSD Superintendent shall present
the proposed LAUSD annual budget to the Council of
Mayors at a public meeting in May of each year. The
Council of Mayors may review and comment on the
proposed budget, but the LAUSD Board has final
approval authority over the budget at an "object"
level which includes major categories, but not line
items of expenditure. Neither the Council of Mayors
nor the Board may revise budget detail at the level of
a line item or more detailed.
LAUSD Board (Board)
14) Provides that the LAUSD governing Board may employ
administrative staff to the board collectively, but
may not employ staff that report to individual members
of the board.
15) Provides that the LAUSD Superintendent shall manage
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all LAUSD personnel except for the administrative
staff to the Board and the Inspector General.
16) Provides that the Inspector General shall be appointed
by the Board of Education of the LAUSD.
Mayor's Community Partnership for School Excellence
17) Establishes the Los Angeles Mayor's Community
Partnership for School Excellence (Partnership),
comprised of the LA Mayor, LAUSD, parents, community
leaders and organizations, school employees and
organizations.
18) Provides that the Partnership is to have oversight and
authority over a demonstration project to be conducted
in three clusters of schools geographically dispersed
within the LAUSD. Each cluster will:
a) Be comprised of a high school with an
Academic Performance Index (API) of 1 (lowest
decile) and the high school's "feeder" middle
schools and elementary schools.
b) Be selected by the Mayor of Los Angeles and
the LAUSD Superintendent in accordance with a
specified timeline giving the LAUSD
Superintendent the right to select in the event
that the Superintendent and Mayor do not agree on
a choice.
19) Specifies the purposes and goals of the demonstration
project which are generally to improve pupil learning
and reduce drop-out rates.
20) Transfers the authority of the LAUSD Board and
Superintendent over the cluster schools to the
Partnership except as otherwise provided by law and
with the exception that the partnership will not have
the authority to negotiate collective bargaining
agreements. Consistent with this authority, the
Partnership is given the explicit authority to seek
waiver of Education Code provisions from the State
Board of Education.
21) Provides for the Legislative Analyst to contract for
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an evaluation of the effectiveness of the programs
established by this measure, to be completed by
January 1, 2011, with an interim report by January 1,
2009, and specifies components that should be reviewed
in the evaluation.
22) Provides for repeal of the provisions of this measure
on January 1, 2013.
SUPPORT
None received on this version of the bill.
OPPOSITION
None received on this version of the bill.