BILL NUMBER: AB 45 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2007
INTRODUCED BY Assembly Member Swanson
( Coauthors: Assembly Members
Bass, Beall, Carter, DeSaulnier,
Dymally, Hancock, Hayashi,
Parra, Price, and Richardson )
DECEMBER 4, 2006
An act to add Section 41329.4 to the Education Code, relating to
the Oakland Unified School District.
LEGISLATIVE COUNSEL'S DIGEST
AB 45, as amended, Swanson. Oakland Unified School District:
governance.
(1) Existing law requires the Superintendent of Public Instruction
to assume all the rights, duties, and powers of the governing board
of the Oakland Unified School District and to appoint an
administrator to act on behalf of the Superintendent in exercising
the authority of the Superintendent over the school district.
Existing law continues the authority of the Superintendent and the
administrator over the school district until certain enumerated
conditions are met, including the completion of an improvement plan
for the district. Existing law requires the County Office Fiscal
Crisis and Management Assistance Team (FCMAT) to prepare the
improvement plan for the school district, as provided, by July 1,
2003, and requires the FCMAT to report on the implementation of the
plan, as specified.
This bill would require the Superintendent to immediately return
the rights, duties, and powers regarding the operational areas of
community relations and governance, facilities management, personnel
management, and pupil achievement to the governing board of the
Oakland Unified School District. The bill would require the
Superintendent to continue through the state administrator to
exercise all of the rights, powers, and duties of the governing board
of the Oakland Unified School District with regard to the
operational area of financial management. The bill would require the
governing board of the school district to serve as an advisory body
to collaborate with the state administrator concerning the
operational area over which the Superintendent continues to exercise
authority for the time period in which that authority is exercised.
This bill would require FCMAT, on or before March 1 of each year,
commencing March 1, 2008, until authority for all operational areas
has been returned to the governing board of the Oakland Unified
School District, to prepare and submit to the Superintendent and the
governing board of the school district a progress report on the
district's assessment and recovery plan. On or before April 1 of each
year, commencing on April 1, 2008, until authority for all
operational areas has been returned to the governing board, the
governing board and the state administrator appointed by the
Superintendent would be required to agree on and execute a memorandum
of understanding regarding the details of returning authority for
one or more of the operational areas recommended for return to the
school district in the most recent progress report submitted by
FCMAT. The Superintendent would be required to return the authority
for an operational area for which the annual FCMAT progress report
recommends authority be returned to the governing board by July 1 of
the year following the year in which the report is submitted. The
state administrator would be required to retain authority over, or
the Superintendent would be required to return to the State
administrator authority over, any one or more operational areas that
FCMAT recommends in its annual report be within the authority of the
state administrator. The reversion of any authority to the state
administrator would be required to occur by July 1 of the year
following the year in which the report is submitted.
Existing
(2) Existing law requires the
governing board of the Oakland Unified School District to serve
without compensation as an advisory body during the period that the
Superintendent is exercising authority over the district.
This bill would entitle the members of the governing board to
receive the same full compensation
they would have received for services related
to operational areas for which authority is returned to the
governing board that they would have received prior to the
transfer of authority to operate the district to the Superintendent.
(3) By requiring FCMAT to perform additional duties, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(2)
(4) This bill would declare that due to the unique
circumstances regarding governance of the school district, a general
statute cannot be made applicable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Providing a quality education that meets the unique needs of
Oakland public school pupils is a fundamental goal that should not be
jeopardized. On September 30, 2006, the County Office Fiscal Crisis
and Management Assistance Team (FCMAT) recommended, in its fourth
progress report on the improvement assessment
and recovery plan of the Oakland Unified School District, that
the operational area of community relations and governance be
returned to the district, and reported that the district has made
continued progress in the operational areas of facilities management
and pupil achievement.
(b) The Oakland Unified School District has been in state
receivership since 2003. During that time new members, constituting a
majority of the board, were elected to the governing board of the
district.
(c) State receivership is intended to be a process for recovery,
and FCMAT's comprehensive review has demonstrated tangible progress
by the Oakland Unified School District.
(b)
(d) The Oakland Unified School District has made
demonstrable notable academic
improvements over the last few years, demonstrated by test score
improvements, an increased number of fully credentialed teachers in
Oakland classrooms, and increased parental and community involvement.
In 2006, the Oakland Unified School District made the largest
improvement in API test scores among the 33 largest unified school
districts in California.
(c)
(e) The governing board and the community of
the Oakland Unified School District has have
the will to continue the key educational reforms that have
benefited Oakland public school pupils in the last three years and to
support difficult decisions in order to immediately eliminate all
further overspending by the district.
(f) The governing board of the Oakland Unified School District is
voluntarily undergoing training in the responsibilities and proper
conduct of a school district governing board. The training began in
January 2007 and will be completed in June 2007.
SEC. 2. (a) It is the intent
of the Legislature that the state administrator appointed pursuant
to subdivision (b) of Section 4 of Chapter 14 of the Statutes of 2003
should continue to work with the present administrators and
and the governing board of the Oakland Unified
School District to identify the procedures and programs
currently implemented by the district that have proven to do one or
more of the following: begin the process of a
structured and orderly return of authority over the operational areas
of community relations and governance, pupil achievement, personnel
management, facilities management, and fiscal control from the
Superintendent of Public Instruction back to the governing board of
the Oakland Unified School District, pursuant to annual FCMAT
progress reviews and recommendations on any operational areas that
should be returned to the control of the governing board.
(1) Significantly raise pupil achievement.
(2) Improve pupil attendance.
(3) Lower pupil dropout rate.
(4) Increase parental involvement.
(5) Attract, retain, and train a quality teaching staff.
(b) It is the intent of the Legislature that the procedures and
programs identified pursuant to subdivision (a) be protected,
maintained, and expanded as the budget of the district allows.
SEC. 3. The Legislature finds and declares both
of the following:
(a) Due to the continued improvement and progress made by the
Oakland Unified School District in the operational areas of community
relations and governance, facilities management, and pupil
achievement, it is necessary that the rights, duties, and powers
regarding those areas to be returned to the governing board of the
district.
(b) It is necessary that the Superintendent of Public Instruction
continue to maintain control of the operational areas of personnel
management and financial management in order to ensure the return of
the district to fiscal solvency.
SEC. 4. Section 41329.4 is added to the
Education Code, to read:
41329.4. (a) Notwithstanding any provision of Chapter 14 of the
Statutes of 2003, the Superintendent shall immediately return the
rights, duties, and powers regarding the operational areas of
community relations and governance, facilities management, personnel
management, and pupil achievement to the governing board of the
Oakland Unified School District. The Superintendent shall continue,
through the state administrator appointed pursuant to subdivision (b)
of Section 4 of Chapter 14 of the Statutes of 2003, to exercise all
of the rights, powers, and duties of the governing board of the
Oakland Unified School District with regard to the operational area
of financial management.
(b) For the period of time during which the Superintendent
continues to exercise the authority described in subdivision (a)
through the state administrator, the governing board of the Oakland
Unified School District shall serve as an advisory body to
collaborate with the administrator concerning that operational area.
(c) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the members of the governing board shall be entitled to
receive the full compensation that would have been payable prior to
the transfer to the Superintendent of the rights, duties, and powers
to operate the Oakland Unified School District.
SEC. 3. Section 41329.4 is added to the
Education Code , to read:
41329.4. (a) For purposes of this section, "operational areas"
means the operational areas of community relations and governance,
pupil achievement, personnel management, facilities management, and
fiscal control.
(b) On or before March 1 of each year, commencing on March 1,
2008, until authority for all operational areas has been returned to
the governing board of the Oakland Unified School District, the
County Office Fiscal Crisis and Management Team (FCMAT) shall prepare
and submit to the Superintendent and the governing board of the
school district a progress report on the district's assessment and
recovery plan.
(c) On or before April 1 of each year, commencing on April 1,
2008, until authority for all operational areas has been returned to
the governing board, the governing board and the state administrator
appointed by the Superintendent pursuant to subdivision (b) of
Section 4 of Chapter 14 of the Statutes of 2003 shall agree on the
details of returning authority for any of the operational areas
recommended for return to the school district in the most recent
progress report submitted by FCMAT. The agreement shall be made in
the form of a memorandum of understanding (MOU) executed by both
parties.
(d) If the governing board and the state administrator fail to
reach an agreement by April 1 pursuant to subdivision (c), the
governing board, by May 1 of that year, shall produce a statement to
be used in lieu of the MOU to govern the details of returning
authority for operational areas to the governing board. The statement
shall become operative for purposes of governing the details of
returning authority for operational areas to the school district
unless the Superintendent, by June 1, presents just cause to an
administrative law judge of the Office of Administrative Hearings
that the statement should be modified.
(e) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the Superintendent shall return authority for an operational
area for which the annual progress report prepared and submitted by
FCMAT recommends the authority be returned to the governing board by
July 1 of the year following the year in which the report is
submitted.
(f) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the state administrator shall retain authority over, or the
Superintendent of Public Instruction shall return to the state
administrator authority over, any one or more operational areas that
FCMAT recommends in its annual report be within the authority of the
state administrator. The return of any authority to the state
administrator shall occur by July 1 of the year following the year in
which the report is submitted.
(g) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the members of the governing board shall be entitled to
receive the full compensation for services related to operational
areas for which authority is returned to the governing board pursuant
to this section that they would have received prior to the
Superintendent originally assuming authority for all of the
operational areas.
SEC. 5. SEC. 4. The Legislature
finds and declares that due to the unique circumstances regarding
governance of the Oakland Unified School District, a general statute
cannot be made applicable within the meaning of Section 16 of Article
IV of the California Constitution.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.