Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2384

Introduced by Assembly Member Bradford

February 21, 2014

An act to begin delete amend Sections 52852 and 52853 end delete begin insert add Chapter 11.5 (commencing with Section 52780) to Part 28 of Division 4 of Title 2 of, and to repeal Chapter 12 (commencing with Section 52800) of Part 28 of Division 4 of Title 2 end insert of begin insert , end insert the Education Code, relating to begin delete school plans. end delete begin insert schoolsite councils. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2384, as amended, Bradford. begin delete School plans: schoolsite end delete begin insert Schoolsite end insert councils.

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Under existing law, the School-Based Program Coordination Act, which is applicable only to school districts and schools that participate in school-based coordinated categorical programs, is established to provide flexibility to coordinate categorical funds. The act requires a school that participates in school-based program coordination to establish a schoolsite council, and requires the schoolsite council to establish a school plan that includes, among other things, curricula, instructional strategies, and materials responsive to the individual needs and learning styles of each pupil, and proposed expenditure of funds received through various categorical programs.

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Existing law, enacted in 2013, revised provisions of the public school financing system, and requires state funding for schools to be calculated pursuant to a local control funding formula, and authorizes local educational agencies to expend for any local educational purpose funds previously required to be spent for various categorical education programs. Existing law requires the governing board of each school district to adopt a local control and accountability plan that includes, among other things, a description of the annual goals to be achieved for each of the state priorities identified pursuant to specified provisions.

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This bill would repeal the School-Based Program Coordination Act, and would instead authorize any school to establish a schoolsite council. The bill would specify that schoolsite councils operating pursuant to the School-Based Program Coordination Act may continue in existence and operate pursuant to the bill’s provisions. The bill would enact provisions relating to the functions, composition, and duties of a schoolsite council that are similar, but not identical, to the provisions in the School-Based Program Coordination Act.

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(1) Existing law requires a schoolsite council to be established at a school that participates in school-based program coordination. Existing law requires the council to be composed of the principal and representatives of teachers, other school personnel, parents, and in secondary schools, pupils, as specified.

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This bill would add representatives of members of the community focused on education and representatives of local service providers working at the schoolsite, selected by the principal or the other members the schoolsite council, to a schoolsite council. The bill would authorize the schoolsite council or the governing board of the school district to expand the composition of a schoolsite council based on the operational structure of the school. The bill would require the governing board of the school district to set term limits for members of a schoolsite council, except for the principal.

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(2) Existing law requires, at the elementary level, a schoolsite council to be constituted to ensure parity between (A) the principal, classroom teachers, and other school personnel and (B) parents or other community members selected by parents, and, at the secondary level, existing law requires a schoolsite council to be constituted to ensure parity between (A) the principal, classroom teachers, and other school personnel and (B) parents, or other community members selected by parents, and pupils.

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This bill would remove community members from the parity calculations.

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(3) Existing law provides that an employee of a school who is also a parent or guardian of a pupil who attends a school other than the school of the parent’s or guardian’s employment, is not disqualified by virtue of this employment from serving as a parent representative on the schoolsite council established for the school that his or her child or ward attends.

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This bill would prohibit an employee of a school who is also a parent or guardian of a pupil who attends a school from serving as a member of the schoolsite council at the school that the employee’s child or ward attends. The bill would authorize the employee to serve on a schoolsite council at another school.

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(4) Existing law requires a schoolsite council to develop a school plan that includes, among other things, instructional and auxiliary services to meet the special needs of non-English-speaking or limited-English-speaking pupils, including instruction in a language these pupils understand, educationally disadvantaged pupils, gifted and talented pupils, and pupils with exceptional needs.

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This bill would, among other things, add low-income pupils and pupils in foster care to that list. The bill would require the school plan to also include mechanisms to ensure that the objectives in the school district’s local control and accountability plan are being adhered to. The bill would also require the governing board of a school district to ensure that schoolsite council members receive adequate training to implement the objectives contained in the school district’s local control and accountability plan and existing provisions of law.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Chapter 11.5 (commencing with Section 52780)
is added to Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

 

Chapter   begin insert 11.5. end insert Schoolsite Councils

 

begin insert 52780. end insert   

Parent advisory committees and schoolsite councils
operating pursuant to Chapter 12 (commencing with Section
52800), as that chapter existed on January 1, 2014, may continue
in existence in accordance with the provisions of this chapter.

begin insert 52781. end insert   

(a) A schoolsite council may be established at any
school in accordance with this chapter. A schoolsite council shall
include, but is not limited to, representatives from the following
groups:

(1) Teachers, to be selected by teachers at the school.

(2) School employees other than teachers, to be selected by
nonteaching school employees at the school.

(3) Parents of pupils attending the school, to be selected by
parents of pupils at the school.

(4) Community organizations that have a preexisting working
relationship with the schoolsite, that participate at the schoolsite,
and that are focused on the educational outcomes of the school,
to be selected by the principal and other schoolsite council
members selected pursuant to this section.

(5) In secondary schools, pupils, to be selected by pupils
attending the school.

(b) The schoolsite council or the governing board of the school
district may expand the composition of a schoolsite council based
on the operational structure of the school, in accordance with the
following:

(1) For an elementary school, the schoolsite council shall be
composed to ensure parity between the following two groups:

(A) The principal, classroom teachers, and other school
employees. Classroom teachers shall comprise the majority of
persons from this group. To the extent possible, the school shall
ensure that at least one classified employee is part of this group.

(B) Parents.

(2) For a secondary school, the schoolsite council shall be
composed to ensure parity between the following two groups:

(A) The principal, classroom teachers, and other school
employees. Classroom teachers shall comprise the majority of
persons from this group. To the extent possible, the school shall
ensure that at least one classified employee is part of this group.

(B) An equal number of parents and pupils. To the extent
possible, the school shall ensure that socioeconomically
disadvantaged pupils, foster youth, and English learners are
represented on the schoolsite council.

(c) Members selected pursuant to paragraph (4) of subdivision
(a) shall not be included for purposes of ensuring parity pursuant
to paragraphs (1) and (2) of subdivision (b).

begin insert 52782. end insert   

A schoolwide advisory group or a school support group
may also be used as a schoolsite council, in accordance with the
provisions of this chapter.

begin insert 52783. end insert   

The Superintendent shall provide several examples of
selection and replacement procedures that may be considered by
schoolsite councils.

begin insert 52784. end insert   

The governing board of a school district shall set term
limits for schoolsite council members other than the principal.

begin insert 52785. end insert   

A schoolsite council shall maximize public input and
other means of advancing a democratic process.

begin insert 52786. end insert   

 A school employee who is also a parent or guardian
of a pupil who attends another school in the school district may
serve on the schoolsite council of the school of his or her
employment as a teacher or other school employee representative.
The school employee may also serve on the schoolsite council of
the school that his or her child or ward attends as a parent
representative.

begin insert 52787. end insert   

(a) A school district operating a schoolsite council
shall provide training to members of the schoolsite council on both
of the following:

(1) Budget and funding.

(2) Implementing the objectives contained in the school district’s
local control and accountability plan and other laws.

(b) The school district shall also provide information on the
schoolsite council selection process to the general public.

begin insert 52788. end insert   

(a) A schoolsite council shall develop a school plan
that includes, but is not limited to, all of the following:

(1) Curricula, instructional strategies, and materials that
address the individual needs and learning styles of each pupil.

(2) Instructional and auxiliary services to meet the special needs
of the following pupils:

(A) Pupils of limited English proficiency, including instruction
in a language these pupils understand.

(B) Educationally disadvantaged pupils.

(C) Pupils eligible for free or reduced-price meals.

(D) Foster youth.

(E) Gifted and talented pupils.

(F) Pupils with exceptional needs.

(3) (A) A staff development program for teachers, other school
employees, paraprofessionals, and volunteers, including those
participating in special programs. Staff development programs
may include the use of program guidelines that have been
developed by the Superintendent for specific learning disabilities,
including dyslexia, and other related disorders.

(B) The strategies included in the guidelines and instructional
materials that focus on successful approaches for working with
pupils who have been exposed to drugs or alcohol prenatally,
suffered trauma, as well as other at-risk pupils, may also be
provided to teachers.

(4) Ongoing evaluation of the educational program of the
school.

(5) Other activities and objectives, as established by the
schoolsite council.

(6) The proposed expenditure of funds available to the school,
including, but not limited to, salary and staff benefits, and funds
available to the school through federal programs, including, but
not limited to, the federal Improving America’s Schools Act of
1994 (20 U.S.C. Sec. 6301 et seq.).

(7) Mechanisms to ensure that the objectives in the school
district’s local control and accountability plan are being met.

(b) The schoolsite council shall annually review the school plan,
establish a new budget, and, if necessary, make other modifications
in the school plan to reflect changing needs and priorities.

begin insert 52789. end insert   

The governing board of the school district shall review
and approve or disapprove school plans. A school plan shall not
be approved unless it was developed and recommended by the
schoolsite council. If a plan is not approved by the governing board
of the school district, specific reasons for that action shall be
communicated to the schoolsite council. Modifications to any
school plan shall be developed, recommended, and approved or
disapproved in the same manner.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 12 (commencing with Section 52800) of Part
28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

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SECTION 1.  

Section 52852 of the Education Code is amended
to read:

52852.  

(a) A schoolsite council shall be established at each
school that participates in school-based program coordination. The
council shall, at a minimum, be composed of the principal and
representatives of the following:

(1) Teachers selected by teachers at the school, other school
personnel selected by other school personnel at the school, parents
of pupils attending the school selected by the parents, and, in
secondary schools, pupils selected by pupils attending the school.

(2) Community members focused on education and local service
providers working at the schoolsite selected by the principal or the
schoolsite council members selected pursuant to paragraph (1).

(b) The schoolsite council or the governing board of the school
district may expand the composition of a schoolsite council based
on the operational structure of the school.

(c) (1) At the elementary level the schoolsite council shall be
constituted to ensure parity between: (A) the principal, classroom
teachers, and other school personnel; and (B) parents. Members
selected pursuant to paragraph (2) of subdivision (a) shall not be
included in the parity calculation.

(2) At the secondary level the schoolsite council shall be
constituted to ensure parity between: (A) the principal, classroom
teachers, and other school personnel; and (B) equal numbers of
parents and pupils. Members selected pursuant to paragraph (2)
of subdivision (a)  shall not be included in the parity calculation.

(3) At both the elementary and secondary levels, classroom
teachers shall comprise the majority of persons represented under
category (A).

(d) Existing schoolwide advisory groups or school support
groups may be utilized as the schoolsite council if those groups
conform to this section.

(e) The Superintendent shall provide several examples of
selection and replacement procedures that may be considered by
schoolsite councils.

(f) (1) An employee of a school who is also a parent or guardian
of a pupil who attends a school other than the school of the parent’s
or guardian’s employment, is not disqualified by virtue of this
employment from serving as a parent representative on the
schoolsite council established for the school that the employee’s
child or ward attends.

(2) An employee of a school who is also a parent or guardian
of a pupil who attends a school shall not serve as a member of the
schoolsite council at the school that the employee’s child or ward
attends. The employee may serve as a schoolsite council member
at a school other than the one that his or her child attends.

(g) Except for the principal, the governing board of the school
district shall set term limits for schoolsite council members.

SEC. 2.  

Section 52853 of the Education Code is amended to read:

52853.  

(a) A schoolsite council shall develop a school plan
that shall include all of the following:

(1) Curricula, instructional strategies, and materials responsive
to the individual needs and learning styles of each pupil.

(2) Instructional and auxiliary services to meet the special needs
of non-English-speaking or limited-English-speaking pupils,
including instruction in a language these pupils understand,
educationally disadvantaged pupils, low-income pupils, pupils in
foster care, gifted and talented pupils, and pupils with exceptional
needs.

(3) A staff development program for teachers, other school
personnel, paraprofessionals, and volunteers, including those
participating in special programs. Staff development programs
may include the use of program guidelines that have been
developed by the Superintendent for specific learning disabilities,
including dyslexia, and other related disorders. The strategies
included in the guidelines and instructional materials that focus
on successful approaches for working with pupils who have been
prenatally substance exposed, suffered trauma, as well as other
at-risk pupils, may also be provided to teachers.

(4) Ongoing evaluation of the educational program of the school.

(5) Other activities and objectives as established by the
schoolsite council.

(6) The proposed expenditures of funds available to the school
through the programs described in Section 52851. For purposes
of this subdivision, proposed expenditures of funds available to
the school through the programs described in Section 52851 shall
include, but not be limited to, salaries and staff benefits for persons
providing services for those programs.

(7) The proposed expenditure of funds available to the school
through the federal Improving America’s Schools Act of 1994
(IASA) (20 U.S.C. Sec. 6301 et seq.) and its amendments. If the
school operates a state-approved schoolwide program pursuant to
Section 6314 of Title 20 of the United States Code in a manner
consistent with the expenditure of funds available to the school
pursuant to Section 52851, employees of the schoolwide program
may be deemed funded by a single cost objective.

(8) (A) Mechanisms to ensure that the objectives in the school
district’s local control and accountability plan are being adhered
to.

(B) The governing board of a school district shall ensure that
schoolsite council members receive adequate training to implement
the objectives contained in the school district’s local control and
accountability plan and existing provisions of law.

(b) The schoolsite council shall annually review the school plan,
establish a new budget, and if necessary, make other modifications
in the plan to reflect changing needs and priorities.

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