Amended in Senate June 12, 2014

Amended in Assembly May 1, 2014

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 insert amend Sections 32281, 52852, and 64001 of, and to end insert add Chapter 11.5 (commencing with Section 52780) to begin delete Part 28 of Division 4 of Title 2 of, and to repeal Chapter 12 (commencing with Section 52800) of end delete Part 28 of Division 4 of Title 2 of, the Education Code, relating to schoolsite councils.

LEGISLATIVE COUNSEL’S DIGEST

AB 2384, as amended, Bradford. Schoolsite councils.

begin delete

Under existing

end delete

begin insert Existing end insert 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, begin insert composed of the school principal, teachers, and other prescribed members, end insert and requires the schoolsite council to establish a school plan that includes, among other things, begin delete curricula, instructional strategies, and materials responsive to the individual needs and learning styles of each pupil, and end delete begin insert the end insert proposed expenditure of funds received through various categorical programs.

Existing law, enacted in 2013, revised provisions of the public school financing system, begin delete and end delete 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.

This bill would begin delete 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. end delete begin insert add provisions separate from the School-Based Program Coordination Act that would authorize the establishment of schoolsite councils by any school, composed as specified, and subject to prescribed conditions and requirements. The bill would specify that if any provision of the School-Based Program Coordination Act conflicts with the provisions that would be added by the bill, the provisions being added by the bill shall prevail. The bill would make conforming changes by updating cross-references and making various nonsubstantive changes. end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 32281 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

32281.  

(a) Each school district and county office of education
is responsible for the overall development of all comprehensive
school safety plans for its schools operating kindergarten or any
of grades 1 to 12, inclusive.

(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant
to former Section 52012, as it existed before July 1, 2005, or
Section begin insert 52781 or end insert 52852 shall write and develop a comprehensive
school safety plan relevant to the needs and resources of that
particular school.

(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following
members:

(A) The principal or the principal’s designee.

(B) One teacher who is a representative of the recognized
certificated employee organization.

(C) One parent whose child attends the school.

(D) One classified employee who is a representative of the
recognized classified employee organization.

(E) Other members, if desired.

(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development
of the comprehensive school safety plan.

(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning
committee.

(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.

(d) (1) Subdivision (b) shall not apply to a small school district,
as defined in paragraph (2), if the small school district develops a
districtwide comprehensive school safety plan that is applicable
to each schoolsite.

(2) As used in this article, “small school district” means a school
district that has fewer than 2,501 units of average daily attendance
at the beginning of each fiscal year.

(e) (1) When a principal or his or her designee verifies through
local law enforcement officials that a report has been filed of the
occurrence of a violent crime on the schoolsite of an elementary
or secondary school at which he or she is the principal, the principal
or the principal’s designee may send to each pupil’s parent or legal
guardian and each school employee a written notice of the
occurrence and general nature of the crime. If the principal or his
or her designee chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular work day after the verification. If, at the time
of verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by
the local law enforcement agency and the school district. For
purposes of this section, an act that is considered a “violent crime”
shall meet the definition of Section 67381 and be an act for which
a pupil could or would be expelled pursuant to Section 48915.

(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).

(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law
enforcement officials, elect to not have its schoolsite council
develop and write those portions of its comprehensive school safety
plan that include tactical responses to criminal incidents that may
result in death or serious bodily injury at the schoolsite. The
portions of a school safety plan that include tactical responses to
criminal incidents may be developed by administrators of the
school district or county office of education in consultation with
law enforcement officials and with a representative of an exclusive
bargaining unit of employees of that school district or county office
of education, if he or she chooses to participate. The school district
or county office of education may elect not to disclose those
portions of the comprehensive school safety plan that include
tactical responses to criminal incidents.

(2) As used in this article, “tactical responses to criminal
incidents” means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.

(3) Nothing in this subdivision precludes the governing board
of a school district or county office of education from conferring
in a closed session with law enforcement officials pursuant to
Section 54957 of the Government Code to approve a tactical
response plan developed in consultation with those officials
pursuant to this subdivision. Any vote to approve the tactical
response plan shall be announced in open session following the
closed session.

(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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

 

Chapter  11.5. Schoolsite Councils

 

begin delete

52780.  

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.

end delete begin insert

begin insert 52780. end insert   

If any provision in Chapter 12 (commencing with
Section 52800) conflicts with the provisions of this chapter, the
provisions of this chapter shall prevail.

end insert

52781.  

(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 attending the school.

(4) 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) A schoolsite council is encouraged to include participation
from community organizations that participate at the schoolsite
and that are focused on the educational outcomes of the school.
Members of this group shall not be included for purposes of
ensuring parity pursuant to subdivision (b). begin insert A schoolsite council
that elects to include participation from community organizations
is not required to have the community organization members be
official voting members of the council. end insert

52782.  

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.

52783.  

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

52784.  

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

52785.  

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

52786.  

 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.

52787.  

(a) A school district operating a schoolsite council
shall provide training to members of the schoolsite council on the
purpose and role of the schoolsite council.

52788.  

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

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

(5) The proposed expenditure of funds available to the school,
including funds available to the school through federal programs.

(6) Mechanisms to ensure that the objectives in the school
district’s local control and accountability plan are being begin delete met. end delete begin insert met,
with specific focus on the local control and accountability plan
goals around school climate, parent engagement, and pupil
engagement. end insert

(b) A schoolsite council is encouraged to begin delete develop a end delete begin insert support end insert
professional development begin delete program end delete begin insert programs end insert for teachers, other
school employees, and volunteers.

(c) 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.

52789.  

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.

begin delete

SEC. 2.  

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

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 52852 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

52852.  

begin delete A end delete begin insert (a) end insert begin insert   end insert begin insert Notwithstanding any other law, a end insert schoolsite
council shall be established at each school begin delete which end delete begin insert that end insert participates
in school-based program coordination. The begin insert schoolsite end insert council shall
be composed of the principal and representatives of: 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 such parents; and, in secondary schools,
pupils selected by pupils attending the school.

begin delete

At

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert At the end insert elementary level the begin insert schoolsite end insert council shall be
constituted to ensure parity between begin delete (a) end delete begin insert (A) end insert the principal, classroom
teachers begin insert , end insert and other school personnel; and begin delete (b) end delete begin insert (B) end insert parents or other
community members selected by parents.

begin delete

At

end delete

begin insert (2) end insert begin insert   end insert begin insert At the end insert secondary level the begin insert schoolsite end insert council shall be
constituted to ensure parity between begin delete (a) end delete begin insert (A) end insert the principal, classroom
teachers begin insert , end insert and other school personnel; and begin delete (b) end delete begin insert (B) end insert equal numbers
of parents, or other community members selected by parents, and
pupils.

begin delete

At

end delete

begin insert (3) end insert begin insert   end insert begin insert At both end insert the elementary and secondary levels, classroom
teachers shall comprise the majority of persons represented under
begin delete category (a). end delete begin insert subparagraph (A) of paragraphs (1) and (2). end insert

begin delete

Existing

end delete

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

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The Superintendent end insert begin delete of Public Instruction end delete shall provide
several examples of selection and replacement procedures that
may be considered by schoolsite councils.

begin delete

An

end delete

begin insert (e) end insert begin insert   end insert begin insert An employee end insert 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.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 64001 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

64001.  

(a)  begin insert (1) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law,
school districts shall not be required to submit to the department,
as part of the consolidated application, school plans for categorical
programs subject to this part. School districts shall assure, in the
consolidated application, that the Single Plan for Pupil
Achievement established pursuant to subdivision (d) has been
prepared in accordance with law, that schoolsite councils have
developed and approved a plan, to be known as the Single Plan
for Pupil Achievement for schools participating in programs funded
through the consolidated application process, and any other school
program they choose to include, and that school plans were
developed with the review, certification, and advice of any
applicable school advisory committees. The Single Plan for Pupil
Achievement may also be referred to as the Single Plan for Student
Achievement. The consolidated application shall also include
certifications by appropriate district advisory committees that the
application was developed with review and advice of those
committees.

begin delete

For

end delete

begin insert (2) end insert begin insert   end insert begin insert For end insert any consolidated application that does not include the
necessary certifications or assurances, the department shall initiate
an investigation to determine whether the consolidated application
and Single Plan for Pupil Achievement were developed in
accordance with law and with the involvement of applicable
advisory committees and schoolsite councils.

(b) Onsite school and district compliance reviews of categorical
programs shall continue, and school plans shall be required and
reviewed as part of these onsite visits and compliance reviews.
The Superintendent shall establish the process and frequency for
conducting reviews of district achievement and compliance with
state and federal categorical program requirements. In addition,
the Superintendent begin delete of Public Instruction end delete shall establish the content
of these instruments, including any criteria for differentiating these
reviews based on the achievement of pupils, as demonstrated by
the Academic Performance Index developed pursuant to Section
52052, and evidence of district compliance with state and federal
law. The state board shall review the content of these instruments
for consistency with state board policy.

(c)  begin insert (1) end insert begin insert   end insert A school district shall submit school plans whenever
the department requires the plans in order to effectively administer
any categorical program subject to this part. The department may
require submission of the school plan for any school that is the
specific subject of a complaint involving any categorical program
or service subject to this part.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert department may require a school district to submit other
data or information as may be necessary for the department to
effectively administer any categorical program subject to this part.

(d) Notwithstanding any other begin delete provision of end delete law, as a condition
of receiving state funding for a categorical program pursuant to
Section 64000, and in lieu of the information submission
requirements that were previously required by this section prior
to the amendments that added this subdivision and subdivisions
(e) to (i), inclusive, school districts shall ensure that each school
in a district that operates any categorical programs subject to this
part consolidates any plans that are required by those programs
into a single plan. Schools may consolidate any plans that are
required by federal programs subject to this part into this plan,
unless otherwise prohibited by federal law. That plan shall be
known as the Single Plan for Pupil Achievement or may be referred
to as the Single Plan for Student Achievement.

(e) Plans developed pursuant to subdivision (d) of begin insert former end insert
Section 52054, begin insert as it existed before July 1, 2013, end insert and Section 6314
and following of Title 20 of the United States Code, shall satisfy
this requirement.

(f) Notwithstanding any other begin delete provision of end delete law, the content of
a Single Plan for Pupil Achievement shall be aligned with school
goals for improving pupil achievement. School goals shall be based
upon an analysis of verifiable state data, including the Academic
Performance Index developed pursuant to Section 52052 and the
English Language Development test developed pursuant to Section
60810, and may include any data voluntarily developed by begin insert school end insert
districts to measure pupil achievement. The Single Plan for Pupil
Achievement shall, at a minimum, address how funds provided to
the school through any of the sources identified in Section 64000
will be used to improve the academic performance of all pupils to
the level of the performance goals, as established by the Academic
Performance Index developed pursuant to Section 52052. The plan
shall also identify the schools’ means of evaluating progress toward
accomplishing those goals and how state and federal law governing
these programs will be implemented.

(g) The plan required by this section shall be reviewed annually
and updated, including proposed expenditure of funds allocated
to the school through the consolidated application, by the schoolsite
council, or, if the school does not have a schoolsite council, by
schoolwide advisory groups or school support groups that conform
to the requirements of Section begin insert 52781 or end insert 52852. The plans shall be
reviewed and approved by the governing board of the local
education agency at a regularly scheduled meeting whenever there
are material changes that affect the academic programs for begin delete students end delete
begin insert pupils end insert covered by programs identified in Section 64000.

(h) The school plan and subsequent revisions shall be reviewed
and approved by the governing board of the school district. School
district governing boards shall certify that, to the extent allowable
under federal law, plans developed for purposes of this section are
consistent with district local improvement plans that are required
as a condition of receiving federal funding.

(i) Nothing in this begin delete act end delete begin insert part end insert may be construed to prevent a school
district, at its discretion, from conducting an independent review
pursuant to subdivision (c) of Section 64001 as that section read
on January 1, 2001.