BILL NUMBER: SB 540INTRODUCED 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 authorityshallmay annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district. (c) Any evaluation performed pursuant to this articlewhichthat 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 districtshallmay 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 pupilshallmay 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 pupilshallmay 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.