BILL NUMBER: SB 540	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Romero

                        FEBRUARY 27, 2009

   An act to amend Sections 44662, 44664, 48260.5, and 48264.5 of the
Education Code, and to amend Section 17617 of the Government Code,
relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 540, as introduced, Romero. School districts: mandates.
   (1) Existing provisions of the California Constitution provide
that, whenever the Legislature or any state agency mandates a new
program or higher level of service on any local government, the state
is required to provide a subvention of funds to reimburse that local
government for the costs of the program or increased level of
service, except as specified. Existing statutory provisions establish
procedures for local government entities to apply for, and receive,
reimbursements for expenses that are within the scope of the
constitutional requirement for reimbursement.
   This bill would express findings and declarations of the
Legislature relating to the operation of the statutory procedures for
reimbursement of these mandates with respect to school districts.
   The bill would express the intent of the Legislature to enact
legislation to repeal or amend statutory provisions that impose
reimbursable state mandates on school districts, contingent on an
evaluation of each mandate based on prescribed factors.
   (2) Existing law expresses the intent of the Legislature that
school district governing boards establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state. Existing law
requires the governing board of each school district to evaluate and
assess certificated employee performance as it reasonably relates to
all of the following: (A) the progress of pupils toward expected
pupil achievement at their respective grade levels; (B) the progress
of pupils toward state-adopted academic content standards as measured
by state-adopted criterion referenced assessments; (C) the
instructional techniques and strategies used by the employee; (D) the
employee's adherence to curricular objectives; and (E) the
establishment and maintenance of a suitable learning environment,
within the scope of the employee's responsibilities.
   This bill would instead make the school district's evaluation and
assessment of certificated employee performance as it relates to the
categories listed in (B), (C), and (D) above optional rather than
mandatory.
   (3) Existing law requires school districts to perform the
evaluation and assessment of the performance of each certificated
employee on a continuing basis in accordance with a prescribed
schedule. Under existing law, if any permanent certificated employee
has received an unsatisfactory evaluation, the employing authority is
required to annually evaluate the employee until the employee
achieves a positive evaluation or is separated from the school
district.
   This bill would instead make the annual evaluation of a permanent
certificated employee who has received an unsatisfactory evaluation
optional rather than mandatory.
   (4) Existing law requires school districts to notify a pupil's
parent or guardian, by first-class mail or other reasonable means,
that the pupil is truant and to communicate additional information
relating to truancy, as prescribed.
   This bill would instead make this notification optional, but would
encourage school districts to make the notification if the district
determines that the notification achieves the goal of preventing
truancy.
   (5) Existing law requires, the 3rd time that a truancy report is
required about a pupil in the same school year, that pupil is to be
classified as a habitual truant, and the 4th time that a truancy
report is required about a pupil in the same school year, that pupil
is to be within the jurisdiction of the juvenile court, which may
adjudge the pupil to be a ward of the court.
   This bill would make the classification of a pupil who has been
the subject of a 3rd truancy report in the same school year, and the
placement of a pupil who has been the subject of a 4th truancy report
in the same school year within the jurisdiction of the juvenile
court, optional rather than mandatory.
   (6) Existing law requires, commencing with the Budget Act for the
2006-07 fiscal year and concluding with the Budget Act for the
2020-21 fiscal year, the total amount due to each city, county, city
and county, and special district, for which the state has determined
that reimbursement is required pursuant to the constitutional
requirement referenced in (1) above to be paid to those entities over
a period of not more than 15 years.
   This bill, commencing with the Budget Act for the 2010-11 fiscal
year, would require that the total amount that is due to school
districts for which the state has determined that reimbursement is
required pursuant to the constitutional requirement referenced in (1)
above to be paid to those entities over a period of not more than an
unspecified number of fiscal years.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) California's mandate reimbursement system has resulted in the
state owing school districts more than one billion dollars
($1,000,000,000) to pay districts for activities that the state has
required but not funded.
   (2) Section 6 of Article XIII B of the California Constitution
provides that, with certain exceptions, whenever the Legislature or
any state agency mandates a new program or higher level of service on
any local government, including a school district, the state shall
reimburse the local government for the costs of the new
state-mandated activities.
   (3) Statutory provisions establish the Commission on State
Mandates, procedures for the commission to hear and decide local
government reimbursement claims, and procedures for the Controller to
make annual payments to local governments for mandated activities
that the commission has determined are reimbursable.
   (4) School districts are entitled to reimbursement for the cost of
required activities in connection with at least 40 separate state
mandates as described in the State-Mandated Cost Manual and as
identified in Item 6110-295-0001 of the Budget Act of 2007.
   (5) Since the 2001-02 fiscal year, the Legislature has failed to
appropriate funds to provide school districts the mandate
reimbursements to which the Commission on State Mandates has
determined the districts are entitled.
   (6) As of December 2008, the state owed school districts more than
one billion dollars ($1,000,000,000) in unpaid mandate claims.
   (7) Additional test claims pending before the Commission on State
Mandates could result in the state's reimbursement obligation to
school districts increasing by millions of dollars.
   (8) The Superior Court of California for the County of San Diego
ruled in December 2008 that it is unconstitutional for the
Legislature to fail to appropriate funds to pay state mandate claims
that are owed to school districts.
   (b) It is the intent of the Legislature to enact legislation to
repeal or amend statutory provisions that impose reimbursable state
mandates on school districts, contingent on an evaluation of each
mandate based on the following factors:
   (1) Whether the policy goal or purpose that the mandate was
intended to achieve remains a legislative priority.
   (2) Whether any data or information is available to demonstrate
that the mandate has achieved that policy goal or purpose.
   (3) Whether that policy goal or purpose can be achieved in a less
costly manner.
   (4) Whether charter schools not subject to the mandate have
achieved that policy goal or purpose.
   (5) Whether a school district is likely to continue the mandated
activity in the absence of state reimbursement.
   (6) For waivable mandates, whether the State Board of Education
has received requests from school districts for waiver of the mandate
and, if it has, whether the board has granted those waiver requests.

   (7) Whether any audit information is available from the Controller
to demonstrate how the mandate has been implemented.
   (8) Whether performance-based measurements can be incorporated
into the mandate.
  SEC. 2.  Section 44662 of the Education Code is amended to read:
   44662.  (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
   (b)  (1)    The governing board of each school
district shall evaluate and assess certificated employee performance
as it reasonably relates to  both of the following  :

   (1) 
    (A)  The progress of pupils toward the standards
established pursuant to subdivision (a)  and, if applicable,
the state adopted academic content standards as measured by state
adopted criterion referenced assessments  . 
   (2) The instructional techniques and strategies used by the
employee.  
   (3) The employee's adherence to curricular objectives. 

   (4) 
    (B)  The establishment and maintenance of a suitable
learning environment, within the scope of the employee's
responsibilities. 
   (2) The governing board of each school district may evaluate and
assess certificated employee performance as it reasonably relates to
all of the following:  
   (A) The progress of pupils toward the state-adopted academic
content standards as measured by state-adopted criterion referenced
assessments.  
   (B) The instructional techniques and strategies used by the
employee.  
   (C) The employee's adherence to curricular objectives. 
   (c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not  necessarily  limited to,
supervisory and administrative personnel  ,  whose
responsibilities cannot be evaluated appropriately under the
provisions of subdivision (b)  ,  and shall evaluate and
assess the performance of those noninstructional certificated
employees as it reasonably relates to the fulfillment of those
responsibilities.
   (d) Results of an employee's participation in the Peer Assistance
and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
   (e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
   (f) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards to develop
and adopt additional evaluation and assessment guidelines or
criteria.
  SEC. 3.  Section 44664 of the Education Code is amended to read:
   44664.  (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:

   (1) At least once each school year for probationary personnel.
   (2) At least every other year for personnel with permanent status.

   (3) At least every five years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et
seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous
evaluation rated the employee as meeting or exceeding standards, if
the evaluator and certificated employee being evaluated agree. The
certificated employee or the evaluator may withdraw consent at any
time.
   (b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the employee. If an
employee is not performing his or her duties in a satisfactory manner
according to the standards prescribed by the governing board, the
employing authority shall notify the employee in writing of that fact
and describe the unsatisfactory performance. The employing authority
shall thereafter confer with the employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If any permanent certificated employee has received an
unsatisfactory evaluation, the employing authority  shall
  may  annually evaluate the employee until the
employee achieves a positive evaluation or is separated from the
district.
   (c) Any evaluation performed pursuant to this article 
which   that  contains an unsatisfactory rating of
an employee's performance in the area of teaching methods or
instruction may include the requirement that the certificated
employee shall, as determined necessary by the employing authority,
participate in a program designed to improve appropriate areas of the
employee's performance and to further pupil achievement and the
instructional objectives of the employing authority. If a district
participates in the Peer Assistance and Review Program for Teachers
established pursuant to Article 4.5 (commencing with Section 44500),
any certificated employee who receives an unsatisfactory rating on an
evaluation performed pursuant to this section shall participate in
the Peer Assistance and Review Program for Teachers.
   (d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
  SEC. 4.  Section 48260.5 of the Education Code is amended to read:
   48260.5.   (a)    Upon a pupil's initial
classification as a truant, the school district  shall
  may  notify the pupil's parent or guardian, by
first-class mail or other reasonable means, of the following:

   (a) 
    (1)  That the pupil is truant. 
   (b) 
    (2)  That the parent or guardian is obligated to compel
the attendance of the pupil at school. 
   (c) 
    (3)  That parents or guardians who fail to meet this
obligation may be guilty of an infraction and subject to prosecution
pursuant to Article 6 (commencing with Section 48290)  of
Chapter 2 of Part 27  . 
   (d) 
    (4)  That alternative educational programs are available
in the district. 
   (e) 
    (5)  That the parent or guardian has the right to meet
with appropriate school personnel to discuss solutions to the pupil's
truancy. 
   (f) 
    (6)  That the pupil may be subject to prosecution under
Section 48264. 
   (g) 
    (7)  That the pupil may be subject to suspension,
restriction, or delay of the pupil's driving privilege pursuant to
Section 13202.7 of the Vehicle Code. 
   (h) 
    (8)  That it is recommended that the parent or guardian
accompany the pupil to school and attend classes with the pupil for
one day. 
   (b) A school district is encouraged to make the notification
authorized by this section if the district determines that the
notification achieves the goal of preventing truancy. 
  SEC. 5.  Section 48264.5 of the Education Code is amended to read:
   48264.5.  Any minor who is required to be reported as a truant
pursuant to Section 48260 or 48261 may be required to attend makeup
classes conducted on one day of a weekend pursuant to subdivision (c)
of Section 37223 and is subject to the following:
   (a) The first time a truancy report is required, the pupil may be
personally given a written warning by any peace officer specified in
Section 830.1 of the Penal Code. A record of the written warning may
be kept at the school for a period of not less than two years, or
until the pupil graduates, or transfers, from that school. If the
pupil transfers, the record may be forwarded to any school receiving
the pupil's school records. A record of the written warning may be
maintained by the law enforcement agency in accordance with that law
enforcement agency's policies and procedures.
   (b) The second time a truancy report is required within the same
school year, the pupil may be assigned by the school to an
afterschool or weekend study program located within the same county
as the pupil's school. If the pupil fails to successfully complete
the assigned study program, the pupil shall be subject to subdivision
(c).
   (c) The third time a truancy report is required within the same
school year, the pupil  shall   may  be
classified a habitual truant, as defined in Section 48262, and may be
referred to, and required to attend, an attendance review board or a
truancy mediation program pursuant to Section 48263 or pursuant to
Section 601.3 of the Welfare and Institutions Code. If the district
does not have a truancy mediation program, the pupil may be required
to attend a comparable program deemed acceptable by the school
district's attendance supervisor. If the pupil does not successfully
complete the truancy mediation program or other similar program, the
pupil shall be subject to subdivision (d).
   (d) The fourth time a truancy is required to be reported within
the same school year, the pupil  shall   may
 be within the jurisdiction of the juvenile court which may
adjudge the pupil to be a ward of the court pursuant to Section 601
of the Welfare and Institutions Code. If the pupil is adjudged a ward
of the court, the pupil shall be required to do one or more of the
following:
   (1) Performance at court-approved community services sponsored by
either a public or private nonprofit agency for not less than 20
hours but not more than 40 hours over a period not to exceed 90 days,
during a time other than the pupil's hours of school attendance or
employment. The probation officer shall report to the court the
failure of the pupil to comply with this paragraph.
   (2) Payment of a fine by the pupil of not more than one hundred
dollars ($100) for which a parent or guardian of the pupil may be
jointly liable.
   (3) Attendance of a court-approved truancy prevention program.
   (4) Suspension or revocation of driving privileges pursuant to
Section 13202.7 of the Vehicle Code. This subdivision shall apply
only to a pupil who has attended a school attendance review board
program, a program operated by a probation department acting as a
school attendance review board, or a truancy mediation program
pursuant to subdivision (c).
  SEC. 6.  Section 17617 of the Government Code is amended to read:
   17617.   (a)    The total amount due to each
city, county, city and county, and special district, for which the
state has determined that reimbursement is required under paragraph
(2) of subdivision (b) of Section 6 of Article XIII B of the
California Constitution, shall be appropriated for payment to these
entities over a period of not more than 15  f   iscal
 years, commencing with the Budget Act for the 2006-07 fiscal
year and concluding with the Budget Act for the 2020-21 fiscal year.

   (b) The total amount that is due to school districts, for which
the state has determined that reimbursement is required under Section
6 of Article XIII B of the California Constitution, shall be
appropriated for payment to those entities over a period of not more
than ____ fiscal years, commencing with the Budget Act for the
2010-11 fiscal year.