BILL NUMBER: SB 755 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2012
AMENDED IN SENATE MAY 11, 2011
INTRODUCED BY Senator Lieu
( Coauthor: Senator Yee
)
( Coauthor: Assembly Member
Portantino )
FEBRUARY 18, 2011
An act to amend Sections 32280, 32281, 32282, 32285,
32286, 41020, and 47605 of, to add Sections 32286.1, 32287.1, and
41338.5 to, to repeal Section 32289 of, and to repeal and add Section
32288 of Section 66602.5 of, and to add Section
89517.7 to , the Education Code, relating to school
safety public postsecondary education .
LEGISLATIVE COUNSEL'S DIGEST
SB 755, as amended, Lieu. School safety plans.
Public postsecondary education: California State University:
increases in tuition or fees: compensation.
Existing law establishes the California State University, under
the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in the state.
Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene
Act), generally requires, with specified exceptions for authorized
closed sessions, that the meetings of state bodies be open and public
and that all persons be permitted to attend. The Bagley-Keene Act
also generally requires that the agenda for meetings provide an
opportunity for members of the public to directly address the body of
any item of interest to the public that is within the subject matter
jurisdiction of the body. Each member of a state body who attends a
meeting of that body in violation of any provision of the
Bagley-Keene Act, and where the member intends to deprive the public
of information to which the member knows or has reason to know the
public is entitled under the act, is guilty of a misdemeanor. Under
existing law, all meetings of the trustees are subject to the
Bagley-Keene Act, except with respect to the compensation of
designated executive officers of the university, which is required to
be acted upon in an open session.
This bill would prohibit the trustees from acting to increase the
salary range of any university officer or employee or to increase the
tuition or mandatory systemwide fees of university students except
in an open public meeting properly noticed pursuant to the
Bagley-Keene Act.
The bill would prohibit the trustees from awarding a president of
a campus compensation, as defined, that exceeds 150% of the
compensation of the Chief Justice of California, except if the
Governor, by executive order, approves the individual president's
compensation. The bill would prohibit the trustees from approving any
increase in compensation for a president of a campus if an increase
in tuition is scheduled to take effect in that fiscal year or has
taken effect in either of the 2 prior fiscal years. The bill would
require the trustees, when hiring a president of a campus, to give
primary consideration to applicants currently employed by the
California State University system and to secondarily give
consideration to residents of California who are not employees of the
system. The bill would prohibit the trustees from giving
consideration to applicants who are neither residents of California
nor employees of the system before applicants who are employees of
the system or who are residents of California and are not employees
of the system.
(1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
This bill would revise and recast those procedures. The bill would
require specified administrators of school districts and county
offices of education to provide written notification to the
Superintendent of Public Instruction identifying each school within
the school district or county that has not complied with the
requirement to adopt, and periodically review and update, a
comprehensive school safety plan. The bill would require the
Superintendent to publish, on the Internet Web site of the State
Department of Education, the name of each school reported as not
complying with the requirements to adopt, and periodically review and
update, a comprehensive school safety plan. By requiring school and
local educational agency officers to perform additional duties, the
bill would impose a state-mandated local program.
(2) Existing law requires a county superintendent of schools to
provide for an audit of all funds under his or her jurisdiction, and
requires the governing board of a local educational agency to either
provide for an audit of the books and accounts of the local
educational agency or make arrangements with the county
superintendent of schools having jurisdiction over the local
educational agency to provide for that auditing. Existing law
requires a county superintendent of schools to be responsible for
reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to specified
topics, and determining whether the exceptions were either corrected
or an acceptable plan of correction was developed. Existing law
requires the county office of education to review certain audit
exceptions upon submission and receipt of a final audit report.
Existing law requires the Superintendent of Public Instruction to be
responsible for ensuring that local educational agencies have either
corrected or developed plans of correction for specified audit
exceptions.
This bill, commencing with the 2012-13 fiscal year, would require
the auditor to include in the audit report a summary of the extent to
which a local educational agency has complied with the requirement
that each of its schools develop a comprehensive school safety plan.
(3) Existing law establishes a public school funding system that
includes, among other elements, the provision of funding to local
educational agencies through state apportionments, the proceeds of
property taxes collected at the local level, and other sources.
This bill would require the Superintendent of Public Instruction
to withhold the next principal apportionment from a local educational
agency if the Superintendent receives an audit report that finds
that the local educational agency has not substantially complied with
the requirement that each of its schools develop a comprehensive
school safety plan, or if the Superintendent finds that a
superintendent of a school district or county office of education, or
an administrator in charge of a school district or county office of
education without a superintendent, has committed a violation by
failing to provide written notification to the Superintendent
identifying each school within the district or county that has not
complied with specified requirements relating to the development and
adoption of comprehensive school safety plans for that school year.
The bill would authorize the Superintendent to apportion these funds
to the affected local educational agency only after determining that
the noncompliance or violation has been corrected.
(4) The Charter Schools Act of 1992 allows one or more persons
seeking to establish a charter school within a school district to
circulate a petition to that effect. The act provides that a petition
for the establishment of a charter school may be denied by the
governing board of a school district upon a finding that the petition
does not contain a reasonably comprehensive description of the
procedures that the school will follow to ensure the health and
safety of pupils and staff, including a requirement that each
employee of the school furnish the school with a criminal record
summary. The renewal of a charter is also governed by these criteria.
This bill, in addition, would add the development of a school
safety plan, which includes specified elements, and that is annually
reviewed by the school and updated as necessary, to the procedures
that the school will follow to ensure the health and safety of pupils
and staff that are to be described in a petition for the
establishment of, or application for the renewal of a charter of, a
charter school.
(5) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66602.5 of the
Education Code is amended to read:
66602.5. (a) All meetings of the trustees
shall, except as otherwise provided in Section 66602.7, be subject to
Article the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division 3 of Title 2 of the Government Code
Code) .
(b) The trustees shall not act to increase the salary range of any
university officer or employee or to increase the tuition or
mandatory systemwide fees of university students except in an open
public meeting properly noticed pursuant to the Bagley-Keene Open
Meeting Act.
SEC. 2. Section 89517.7 is added to the
Education Code , to read:
89517.7. (a) The trustees shall not award a president of a campus
compensation that exceeds 150 percent of the compensation of the
Chief Justice of California, except if the Governor, by executive
order, approves the individual president's compensation award.
(b) The trustees shall not approve any increase in compensation
for a president of a campus if an increase in tuition is scheduled to
take effect in that fiscal year or has taken effect in either of the
two prior fiscal years.
(c) When hiring a president of a campus, the trustees shall give
primary consideration to applicants currently employed by the
California State University system and then shall give secondary
consideration to applicants who are residents of California but are
not employees of the system. Applicants who are neither residents of
California nor employees of the system shall receive consideration
after applicants who may be given primary and secondary
consideration.
(d) For purposes of this section, "compensation" includes, but is
not limited to, any taxable income or benefit, such as salary,
bonuses, or living allowances paid for with state moneys, including
moneys from a statewide or campus foundation or auxiliary
organization, as defined in Section 89901. All matter omitted
in this version of the bill appears in the bill as amended in the
Senate, May 11, 2011. (JR11)