BILL NUMBER: SB 887 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Emmerson
FEBRUARY 18, 2011
An act to add and repeal Article 1.5 (commencing with Section
42608) of Chapter 9 of Part 24 of Division 3 of Title 2 of the
Education Code, relating to education finance, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 887, as amended, Emmerson. Education finance: Streamlined
Temporary Mandate Process Act of 2011.
(1) Under the California Constitution, whenever the Legislature or
a state agency mandates a new program or higher level of service on
a local government, including school districts and other local
educational agencies, the state is required to provide a subvention
of funds to reimburse the local government for the costs of the
program or increased level of service, with specified exceptions.
This bill would enact the Streamlined Temporary Mandate Process
Act of 2011 to be a voluntary, temporary, streamlined alternative
mandate reimbursement process for local educational agencies, as
defined, to be in operation from the 2011-12 fiscal year to the
2014-15 fiscal year, inclusive. If a governing board of a local
educational agency chooses not to participate in this process, this
bill would require the governing board to explain the
reasons for its decision at a duly noticed public meeting, thereby
imposing a state-mandated local program.
The bill would list 38 mandates currently applicable to local
educational agencies that would be suspended for the 2011-12 fiscal
year to the 2014-15 fiscal year, inclusive. The bill would further
provide that a local educational agency choosing to participate in
the streamlined temporary mandate process would annually self-certify
that it has complied with the underlying intentions of
all statutes and regulations underlying
governing the operation of the mandates to which the bill
applies, except for any requirements regarding compliance and
claiming issues. The bill would require that a participating local
educational agency be found by an auditor to be in material
compliance with the requirements of the bill , as
specified .
The bill would require that funding for the streamlined temporary
mandate process be based upon an equal amount per unit of prior-year
enrollment for each of the participating local educational agencies,
with the funding level to be determined by an appropriation made in
the annual Budget Act. The bill would require that there be an
appropriation, of no less than an unspecified amount, in each annual
Budget Act during the term of this bill that would be adequate to
encourage participation by eligible local educational agencies in the
streamlined temporary mandate process.
The bill would require the Superintendent of Public Instruction to
establish and convene a task force, including specified membership,
charged with developing a permanent state process for mandate
reimbursement that is cost effective for local educational agencies
and responsive to state policy goals.
These provisions would become inoperative on July 1, 2015, and
would be repealed on January 1, 2016.
(2) 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)
(3) This bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known, and may be cited, as the
Streamlined Temporary Mandate Process Act of 2011.
(b) The Legislature hereby finds and declares all of the
following:
(1) Local educational agencies and state agencies in California
are facing unprecedented fiscal constraints, and therefore all
administrative and fiscal capabilities need to be focused during this
fiscal crisis upon only the most crucial priorities.
(2) The cost of complying with the state's current complex mandate
process diverts administrative and fiscal resources from more
important priorities, such as the direct support of pupil learning.
(c) It is the intent of the Legislature in enacting the
Streamlined Temporary Mandate Process Act of 2011 to establish a
voluntary, temporary, streamlined alternative mandate reimbursement
process for local educational agencies eligible for mandate
reimbursement as of June 30, 2011, and to provide for the
self-certification, with independent oversight, of participant local
educational agencies in order to meet compliance standards.
SEC. 2. Article 1.5 (commencing with Section 42608) is added to
Chapter 9 of Part 24 of Division 3 of Title 2 of the Education Code,
to read:
Article 1.5. Streamlined Temporary Mandate Process Act of 2011
42608. (a) Notwithstanding any other provision of law, commencing
on July 1, 2011, and continuing until June 30, 2015, all statutory
and regulatory requirements for the following mandates shall be
suspended, which mandates are also listed and described as State
Mandated Cost Programs for school districts on the Controller's
Internet Web site:
(1) Agency Fee Mandates (Section 3546 of the Government Code).
(2) AIDS Prevention I and II (Chapter 5.6 (commencing with Section
51930) of Part 28 of Division 4).
(3) Annual Parent Notifications:
(A) Interdistrict Transfer Requests: Parent's Employment
(subdivision (h) of Section 48980).
(B) Pupil Attendance Alternatives (subdivision (h) of Section
48980).
(C) Specific Education Code Requirements (subdivision (a) of
Section 48980).
(D) Schoolsite Discipline Rules (Section 35291).
(E) Alternative Schools (Section 58501).
(F) Staff Development (subdivision (c) of Section 48980).
(G) 1998-2000 Statutes (subdivisions (e), (j), and (k) of Section
48900 and subdivision (k) of Section 49063).
(4) California State Teachers' Retirement System Service Credit
(subdivision (b) of Section 22455.5, Section 22460, subdivision (a)
of Section 22509, subparagraph (A) of paragraph (1) of subdivision
(a) of Section 22718, Section 22724, and subdivision (e) of Section
22852).
(5) Caregiver Affidavits (subdivision (d) of Section 48204, as
operative on July 1, 2012, and Sections 6550 and 6552 of the Family
Code).
(6) Charter Schools I-III (subdivisions (a) and (b) of, former
paragraphs (1) to (3), inclusive, of subdivision (j) as they existed
on January 1, 1993, of, and paragraph (3) of subdivision (k) of,
Section 47605, Section 47605.5, subdivisions (a) and (b) of Section
47607, and Sections 47614 and 47635).
(7) Collective Bargaining (Chapter 10.7 (commencing with Section
3540) of Division 4 of the Government Code).
(8)
(7) Comprehensive School Safety Plans (Sections 32282
to 32288, inclusive).
(9)
(8) County Office of Education Fiscal Accountability
Reporting (Section 1240).
(10)
(9) Criminal Background Checks I and II (Sections
44332.6, 44830.1, 44830.2, 45122.1, 45125, 45125.1, and 45125.2).
(11)
(10) Differential Pay and Reemployment (Sections 44977
and 44978.1).
(12)
(11) Expulsion Transcripts (Section 48921).
(13)
(12) Financial and Compliance Audits (Sections 1040,
14504, 14505, subdivisions (i), (j), (k), (l), (n), and (o) of
Section 41020, and Sections 41020.2 and 41020.3, and the State
Controller's Office Standards and Procedures for Audits of California
K-12 Local Educational Agencies).
(14)
(13) Graduation Requirements (Section 51225.3).
(15)
(14) Habitual Truants (Sections 48262 and 48264.5).
(16)
(15) High School Exit Exam (Sections 60850, 60851,
60853, and 60855 of this code, and Sections 1200 to 1225, inclusive,
of Title 5 of the California Code of Regulations).
(17)
(16) Immunization Records (Chapter 1176 of the Statutes
of 1977).
(18)
(17) Immunization Records-Hepatitis B (Section 48216 of
this code, Sections 120325, 120335, 120340, and 120375 of the Health
and Safety Code).
(19)
(18) Intradistrict Attendance (subdivision (b) of
Section 35160.5).
(20)
(19) Juvenile Court Notices II (Section 827 of the
Welfare and Institutions Code).
(21)
(20) Law Enforcement Agency Notifications (subdivision
(c) of Section 48902).
(22)
(21) Missing Children (Sections 38139 and 49370).
(23)
(22) Notification to Teachers of Mandatory Expulsion
(Sections 48900 (excluding subdivision (h)), 48900.2, 48900.3,
48900.4, 48900.7, and 49079).
(24)
(23) Notification of Truancy (Section 48260.5).
(25)
(24) Physical Education Reports (Section 51210.1).
(26)
(25) Physical Performance Tests (Section 60800).
(27)
(26) Pupil Health Screening (Sections 124100 and 124105
of the Health and Safety Code).
(28)
(27) Pupil Promotion and Retention (Sections 37252,
37252.2, 48070, and 48070.5).
(29)
(28) Pupil Residency Verification and Appeals (Sections
48204.5 and 48204.6)) 48204.6) .
(30)
(29) Pupil Safety Notices (Sections 32242, 32243,
32245, 46010.1, 48904, 48904.3, and 48987 of this code, and Section
18285 of the Welfare and Institutions Code).
(31)
(30) Pupil Suspensions, Expulsions, and Expulsion
Appeals (subdivisions (b) and (e) of Section 48911, subdivisions (a)
and (b) of Section 48915, and Sections 48915.1 48915.2, 48916, 48919,
and 48921 to 48924, inclusive).
(32)
(31) Removal of Chemicals (Section 49411).
(33)
(32) School Accountability Report Cards (Sections 33126
and 33126.1).
(34)
(33) School District Fiscal Accountability Reporting
(Sections 42100, 42127, 42127.5, 42127.6, 42128, and 42131 of this
code, and Section 3540.2 of the Government Code).
(35)
(34) School District Reorganization (Sections 35704,
35705.5, and 35707).
(36)
(35) Scoliosis Screening (Section 49452.5).
(37)
(36) Stull Act (Article 11 (commencing with Section
44660) of Chapter 3 of Part 25).
(38)
(37) Teacher Incentive Program (Article 13 (commencing
with Section 44395) of Chapter 2 of Part 25).
(b) Apart from the streamlined temporary mandate process described
in Section 42608.3, there shall be no appropriation in the annual
Budget Act for the 2011-12 fiscal year to the 2014-15 fiscal year,
inclusive, for the programs listed in subdivision (a).
(c) For purposes of this article, a local educational agency is a
school district or a county office of education.
42608.3. (a) The streamlined temporary mandate process
established by this article shall serve participating local
educational agencies as a temporary and voluntary replacement for the
standard mandate reimbursement system in place on June 30, 2011. A
local educational agency that is eligible for the reimbursement of
any of the mandates listed in subdivision (a) of Section 42608 as of
June 30, 2011, may choose to participate in this program
process , and if it chooses to do so, it shall
comply with this section. The governing board of a local
educational agency that chooses not to participate in this process
shall, at a duly noticed public meeting, explain the reasons for this
decision and the rejection of the revenue provided by this process.
(b) A local educational agency that participates in the
streamlined temporary mandate process under this article shall comply
with the underlying intentions of all statutes
and regulations underlying governing the
operation of the existing mandate programs listed in subdivision (a)
of Section 42608, as these statutes and regulations
existed on June 30, 2011, with the exception of any
requirements regarding compliance and claiming issues, which shall be
superseded by this article.
(c) Participating local educational agencies shall annually
self-certify that they have met the requirements of this section at a
duly noticed meeting of the governing board.
(d) (1) As part of its annual audit, a
participating local educational agency shall request a
compliance report from an auditor specifying that the agency
has either materially complied or materially
not complied with this article. A
(2) For the purposes of this article, a finding of material
noncompliance shall require evidence that the local educational
agency neglected to make a good faith effort in appropriate
performance of the activities listed in subdivision (a) of Section
42608, to the extent that the underlying statutory goals of those
activities were compromised.
(3) A local educational agency
that is found to be materially noncompliant by its auditor twice
during the term of the streamlined temporary mandate process
established by this article, upon the occurrence of the second
finding of noncompliance, shall be excluded from further
participation under this article, including funding.
(4) If a local educational agency is excluded pursuant to
paragraph (3), the agency may appeal to the Education Audit Appeals
Panel, which may overturn the finding of material noncompliance.
Auditors shall report findings of material noncompliance to the
Department of Finance, the department, and the Legislative Analyst's
Office.
(e) Funding for each participating local educational agency in
each fiscal year from 2011-12 to 2014-15, inclusive, shall be based
upon an equal amount per unit of prior-year California Basic
Educational Data System (CBEDS) enrollment for each of the
participating local educational agencies, with the funding level to
be determined by the appropriation made in the annual Budget Act as
specified in subdivision (f). A local educational agency without a
prior-year CBEDS enrollment count shall utilize current-year CBEDS
enrollment for funding purposes under this article.
(f) There shall be an appropriation in each annual Budget Act
during the term of this article that will be adequate to encourage
participation by all eligible local educational agencies in the
program established by this article. In no case shall the
appropriation for this purpose be less than ____ dollars ($____). If
the appropriation for purposes of this article in the annual Budget
Act is deferred, it is the intent of the Legislature that the funding
of this deferred amount from any amount available for Proposition 98
expenditures shall have first priority in any given fiscal year.
(g) The Superintendent shall establish and convene a task force
charged with developing a permanent state process for mandate
reimbursement that is cost effective for local educational agencies
and responsive to state policy goals. The task force shall include
representatives of the Department of Finance, the Legislative Analyst'
s Office, and stakeholders in the public education community.
42608.5. This article shall become inoperative on July 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 3. 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.
SEC. 3. SEC. 4. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to establish a streamlined temporary mandate
reimbursement process that will relieve the fiscal distress of
seriously impacted local educational agencies commencing with the
2011-12 fiscal year, it is necessary that this act take effect
immediately.