BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 590
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          Date of Hearing:   June 26, 2013

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                     SB 590 (DeLeon) - As Amended:  May 24, 2013

           SENATE VOTE :   28-9
           
          SUBJECT  :   School personnel: Classified School Employee Staff  
          Development and Training Program.

           SUMMARY :   Establishes the Classified School Employee Staff  
          Development and Training Program.  Specifically,  this bill  :   

          1)Requires local educational agencies, from funding available  
            for professional development, to set aside funding for  
            professional development for classified school employees.

          2)Requires a portion of the total funding for staff development  
            from state or federal funds to be set aside for professional  
            development training for classified school employees to update  
            their skills and to learn best practices for any of the  
            following:
             a)   Pupil learning and achievement, including all of the  
               following:
               i)     Training for paraprofessionals to assist teachers  
                 and administrators to improve the academic achievement of  
                 pupils.
               ii)    Training to ensure the curriculum frameworks and  
                 instructional materials are aligned to the common core  
                 standards.
               iii)   Training in the management and use of state and  
                 local pupil data to improve pupil learning.
               iv)    Training on the best practices in the appropriate  
                 interventions and assistance to at-risk pupils.
             b)   Pupil and campus safety, including training and staff  
               development in the latest and best practices for pupil  
               safety and campus safety.
             c)   Education technology, including management strategies  
               and best practices regarding the use of education  
               technology to improve pupil performance.
             d)   School facility maintenance and operations, including  
               new research and best practices in the operation and  
               maintenance of school facilities, such as green technology  
               and energy efficiency, that help reduce the use and the  








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               cost of energy at schoolsites.
             e)   Special education, including training and staff  
               development on the best practices to meet the needs of  
               special education pupils, and to comply with any new state  
               and federal mandates.
             f)   School transportation and bus safety, including training  
               and staff development on the best practices and standards  
               for pupil transportation.
             g)   Parent involvement, including training and staff  
               development to enhance the ability of a school to increase  
               parent involvement at schoolsites.
             h)   Food service, including training and staff development  
               on new research and findings for food preparation to  
               provide nutritional meals and food management.
             i)   Health, counseling, and nursing services, including  
               training and staff development on the latest and best  
               practices for pupil health care and counseling needs.
             j)   Environmental safety, including training and staff  
               development on pesticides and other possibly toxic  
               substances so that they may be safely used at schoolsites.

          3)Specifies as a condition of spending any of the funds set  
            aside for professional development and training for classified  
            school employees, a local educational agency shall meet all of  
            the following requirements:
             a)   The local educational agency has a local plan, developed  
               in conjunction with parents and classified staff, to  
               accelerate pupils' progress to academic proficiency. The  
               plan shall include an explanation of the manner in which  
               the objectives of the professional development and training  
               will be met.
             b)   The governing body of the local educational agency, at a  
               regularly scheduled public meeting, has approved the plan  
               and developed corresponding policies in support of the  
               plan.
             c)   The local educational agency consults with the  
               classified bargaining units.

          4)Specifies that if the Superintendent determines that a local  
            educational agency fails to meet the requirements, the  
            Superintendent may restrict the local educational agency from  
            spending the funds set aside; and, specifies the  
            Superintendent may provide guidance on approved training  
            programs.









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          5)Specifies that nothing in this measure shall be construed as  
            imposing new mandates on local educational agencies.

          6)Defines "Classified school employee" to mean a person employed  
            on a full-time or a part-time basis as a classified school  
            employee at a community college, a public school, a charter  
            school, or a county office of education.

          7)Defines "Local educational agency" to mean a school district,  
            a county office of education, a charter school, or a community  
            college district.

          8)Makes legislative findings and declarations regarding the  
            vital role that classified employees play in public schools  
            and their need for professional development and training to  
            update their skills and to learn the best practices for vital  
            education programs, including campus safety, academic  
            achievement and curriculum standards, special education,  
            health care, child nutrition, pupil transportation,  
            environmental safety, and parental involvement; and, finds  
            that funding for classified employee training comes from  
            state, federal and local funds including the Instruction Time  
            and Staff Development Reform Program and Title I of the  
            federal Elementary and Secondary Education Act.

           EXISTING LAW  : 

          1)Establishes the Administrator Training Program to provide  
            training for principals and vice principals at K-12 public  
            schools which requires incentive grants not to exceed $3,000  
            per schoolsite administrator; requires the Superintendent of  
            Public Instruction (SPI) to report to the Legislature; and,  
            establishes a sunset date of July 1, 2012. (Education Code  
            Section 44510)

          2)Authorizes the Professional Development Block Grant, which  
            supports professional development activities allowed by the  
            Staff Development Instructional Support, Teaching as a  
            Priority, and Intersegmental programs.  These activities  
            include teacher recruitment and retention incentives, staff  
            development projects designed to improve elementary teacher  
            skills, and programs that promote development of highly  
            qualified teachers.  While the Budget Act of 2012 includes  
            $218.4 million for this block grant, the funds are subject to  
            categorical flexibility whereby school districts may utilize  








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            the funds for any educational purpose.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, substantial cost pressure on local education agencies  
          to divert existing professional development funds to training  
          classified employees as specified, and for the state to provide  
          additional funding.    

           COMMENTS  :   This bill creates the Classified School Employee  
          Staff Development and Training Program for K-12 and community  
          college employees and specifies that local education agencies  
          (LEAs) shall set aside a portion of the total funding for staff  
          development from state or federal funds for professional  
          development for classified employees. 

          Existing law (prior to the Local Control Funding Formula (LCFF))  
          provides training for administrators, certificated employees and  
          chief business officers, and it is also important to provide  
          training for classified school employees.   Classified employees  
          are often the most impacted by budget cuts, and are most likely  
          to take on new work responsibilities due to budget cuts.  It is  
          important to provide training to classified employees who take  
          on significant new responsibilities, to ensure the safety of  
          employees and students.  Currently, there is not a statewide  
          training program for classified employees.  In fact,  
          paraeducators are currently the only classified employees that  
          have access to training programs within state categorical  
          programs.  This measure will create a mechanism for all  
          classified employees and their various areas of expertise to  
          have access to professional development.

          Classified school employees include paraeducators, healthcare  
          professionals, office and clerical staff, bus drivers,  
          groundskeepers, custodians, information technology assistants,  
          instructional assistants, food service workers, and school  
          safety personnel.  In these capacities, they frequently interact  
          with parents and students, and are important partners in  
          educational success.  They are employed in public K-12 school  
          settings and have major responsibilities for reinforcing  
          classroom instruction and the health and safety of students.   
          Classified school employees include part time as well as full  
          time staff. 

          According to the author, during the past few years, funding for  
          staff development in K-12 school districts and community  








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          colleges has been severely cut due to state budget shortfalls.  
          Classified school employees were laid off and furloughed, and  
          training funds were reduced. Professional development helps  
          classified school employees continue to update their skills and  
          knowledge on the best practices to implement new statutory  
          requirements for student care, and to better assist students,  
          parents and other educators. Classified employees are on the  
          front lines working to ensure the safety and care of students on  
          campuses, so they are required to learn the best practices for  
          vital education programs, including: campus safety, academic  
          achievement and curriculum standards, special education, health  
          care, child nutrition, student transportation, environmental  
          safety, and parental involvement. Professional development helps  
          classified school employees continue to update their skills and  
          knowledge on the best practice to implement new statutory  
          requirements for student care, and to better assist students,  
          parents and other educators. Due to new duties and  
          responsibilities classified school employees have to learn  
          frequently, there is a need to adequately ensure funding for  
          training. Historically, California has a long history of  
          supporting professional development to teachers and classified  
          staff to implement new school reform or to provide needed  
          specialized services to students. 

           LCFF and Professional Development  : With the recent passage of  
          the budget act and the implementation of the LCFF, the existing  
          professional development funding program will be wrapped into a  
          school district's base funding and will no longer be earmarked  
          for professional development. There will be $1.25 billion set  
          aside for one time common core implementation and districts may  
          choose to spend some of this funding on professional  
          development. Other than this one time funding, there will not be  
          state set aside funding for professional development on an  
          ongoing basis. Districts do receive Federal Title I funding,  
          which can be used on professional development.  In fact,  
          districts with program improvement schools must set aside 10% of  
          its Title 1, Part A allocation for professional development  
          activities.  Under this bill, districts that receive state or  
          federal funding for professional development will be required to  
          set aside a portion of that funding for professional development  
          for classified employees. Because of the changes in state  
          education funding, committee staff recommends the bill be  
          amended to delete the requirement that a portion of state and  
          federal professional development funding be spent on  
          professional development for classified employees and, instead  








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          specify that if an LEA expends funds for professional  
          development the governing board shall consider the needs of its  
          classified school employees.

           Background on Professional Development  : According to the  
          California School Employees Association, in 1998, SB 1193  
          (Chapter 313) established the Instructional Time and Staff  
          Development Reform Program.  The bill provided school districts  
          incentive funding to offer three staff development days for  
          teachers and one staff development day for classroom  
          instructional employees beyond the traditional 180 school days,  
          as an incentive to increase instructional time, while providing  
          crucial professional development.  Specifically, the bill  
          provided teachers with a reimbursement of $270 per day for up to  
          three days, and funding of $140/day for one day for classified  
          instructional employees. 

          In 2001, AB 466 (Chapter 737), established the Mathematics and  
          Reading Professional Development Program, which was intended to  
          greatly assist efforts to increase academic performance in  
          California schools by enabling 176,000 teachers and 22,000  
          instructional aides or paraprofessionals to participate in  
          high-quality professional development activities over  a  
          four-year period.

          Unfortunately, funding for professional development for  
          classified school employees started to decline over the past  
          decade.  Beginning with AB 825 (Chapter 871) in 2004, funding  
          for the Instructional Time and Staff Development Reform program  
          was combined with other training funds to create of a single  
          Professional Development Block Grant for school districts. It  
          was silent on supporting professional development for classified  
          staff, even though the original program was intended to give at  
          least one day to classified school employees.  

           Professional Development Plan  : The bill requires a local  
          education agency, as a condition of spending funds set aside for  
          professional development training for classified staff, to  
          create a local plan to accelerate pupils' progress toward  
          academic proficiency. The bill specifies that the plan shall be  
          developed in conjunction with parents and classified staff and  
          shall be approved at a regularly scheduled public board meeting.  
          Given the committee staff recommendation above, it seems no  
          longer necessary to require a district level plan for  
          professional development for classified employees.  For this  








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          reason, committee staff recommends the bill be amended to delete  
          this provision.

           Committee Amendments  : 
          1)Delete the requirement that a portion of state and federal  
            professional development funding be spent on professional  
            development for classified employees and, instead specify that  
            if an LEA expends funds for professional development the  
            governing board shall consider the needs of its classified  
            school employees.
          2)Delete references to existing professional development funding  
            sources in the intent language, in order to eliminate any  
            conflict with federal law.
          3)Delete the requirement that an LEA develop a plan for  
            classified employee professional development and related  
            requirements. 

           Previous Legislation : AB 406 (Yamada) in 2009, which was held in  
          the Assembly Appropriations Committee, would have created a new  
          grant program to fund training for classified school employees. 

          SB 352 (Scott), Chapter 356, Statues of 2005 established the  
          Chief Business Officer Training Program. 

          SB 430 (Nava), Chapter 364, Statues of 2005 reauthorized the  
          Administrator Training Program.

          AB 75 (Steinberg), Chapter 697, Statues of 2001 established the  
          Principal Training Program, which was re-named by SB 430 (Nava)  
          as the Administrator Training Program.

          AB 341 (Strom-Martin) Chapter 884, Statutes of 2001 required the  
          California Department of Education (CDE) to contract for the  
          development of standards for professional development for  
          educators and instructional leaders.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Federation of State, County and Municipal Employees 
          California Labor Federation
          California School Employees Association
          Service Employees International Union
          StudentsFirst








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            Opposition 
           
          Association of California School Administrators
          California School Boards Association


           Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087