BILL NUMBER: SB 590AMENDED BILL TEXT AMENDED IN SENATE APRIL 23, 2013 INTRODUCED BY Senator De Len FEBRUARY 22, 2013 An act to add Article 9.5 (commencing with Section 45390) to Chapter 5 of Part 25 of Division 3 of Title 2 of the Education Code, relating to school personnel. LEGISLATIVE COUNSEL'S DIGEST SB 590, as amended, De Len. School personnel: Classified School Employee Staff Development and Training Program. Existing law authorizes the governing board of any school district to grant any classified employee a leave of absence not to exceed one year, as provided, for the purpose of permitting study by the employee or for the purpose of retraining the employee to meet changing conditions within the district. Existing law authorizes the governing board of a school district to grant reimbursement of the costs, including tuition fees, to a permanent classified employee who satisfactorily completes approved training to improve his or her job knowledge, ability, or skill. This bill would establish the Classified School Employee Staff Development and Training Program. Under the Classified School Employee Staff Development and Training Program,under which local educational agencies, as defined, would be authorized to set aside funding for professional development and training related to common core standards and school safety for classified school employees, as defined, from funding available for professional development, as specified. The bill would require a local educational agency to meet certain requirements as a condition of spending any of the funds, including, among others, developing a plan to accelerate pupils' progress to academic proficiency. The bill would authorize the Superintendent of Public Instruction to restrict a local educational agency from spending the funds if the Superintendent determines that the local educational agency fails to meet the requirements. 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. Article 9.5 (commencing with Section 45390) is added to Chapter 5 of Part 25 of Division 3 of Title 2 of the Education Code, to read: Article 9.5. Classified School Employee Staff Development and Training Program 45390. This article shall be known, and may be cited, as the Classified School Employee Staff Development and Training Program. 45391. The Legislature finds and declares all of the following: (a) Classified employees play a vital role in the education of our pupils and students in our public schools and community colleges. They do the essential work that keeps our campuses safe, clean, and well maintained so that our pupils and students can get to school, focus on learning, and succeed at their highest levels. (b) Because classified employees are on the front lines working to ensure the safety and care of pupils and students on our campuses, they need 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. (c) Funding for classified employee training comes from state, federal, and local funds, including all of the following: (1) Chapter 313 of the Statutes of 1998 created the Instructional Time and Staff Development Reform Program to provide funding for staff development for classified school employees, and specified that school districts would be provided one hundred forty dollars ($140) per day for each participating classified school employee. This program has been block granted into the professional development block grant as enacted by Chapter 871 of the Statutes of 2004. (2) Under Section 1116(c)(7)(A)(iii) of Title I of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), a local educational agency that has been identified for school improvement must reserve and use 10 percent of its allocation under the act for professional development activities. (3) Other state, federal, or local funding initiatives for professional development. 45392. It is the intent of the Legislature that a portion of the total funding for staff development from state, federal, or local funds be set aside for professional development training related to common core standards and school safety for classified school employees to update their skills and learn about best practices for any of the following: (a) Pupil learning and achievement: training for paraprofessionals to assist teachers and administrators to improve the academic achievement of pupils, training to ensure the curriculum frameworks and instructional materials aligned to the state academic standards, training in the management and use of state and local pupil data to improve pupil learning, and training on the best practices in the appropriate interventions and assistance to at-risk pupils. (b) Pupil and campus safety: training and staff development in the latest and best practices for pupil safety and campus safety. (c) Education technology: the management strategies and best practices regarding the use of educational technology to improve pupil performance. (d) School facility maintenance and operations: new research and best practices in the operations and maintenance of school facilities, including green technology and energy efficiency that helpreducesreduce the use and the costs of energy at schoolsites. (e) Special education: 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: training and staff development on the best practices and standards for pupil transportation. (g) Parent involvement: training and staff development to enhance the ability of a school to increase parent involvement at schoolsites. (h) Food service: training and staff development in new research and findings for food preparation to provide nutritional meals and food management. (i) Health and nursing standards: training and staff development on the latest and best practices for pupil health care needs. (j) Environmental safety: training and staff development on pesticides and other possibly toxic substances so they may safely be used on campus. 45393. (a) The Classified School Employee Staff Development and Training Program is hereby established. From funding available for professional development, local educational agencies may set aside funding for professional development and training related to common core standards and school safety for classified school employees. (b) For purposes of this article, the following terms have the following meanings: (1) "Classified school employee" means 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. (2) "Local educational agency" means a school district, a county office of education, a charter school, or a community college district. 45394. (a) As a condition of spending any of the funds set aside for professional development and training related to common core standards and school safety for classified school employees pursuant to Section 45393, a local educational agency shall meet all of the following requirements: (1) The local educational agency has a plan, developed in conjunction with parents and teachers, to accelerate pupils' progress to academic proficiency. The plan shall include both of the following: (A) Measurable metrics to improve pupil performance, close the academic achievement gap, increase college entrance rates, and increase career readiness. (B) An explanation of the manner in which the objectives of the professional development and training will be met. (2) 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. (3) The annual evaluation of the performance of the superintendent of the local educational agency is linked to the pupil performance goals specified in paragraph (1). (4) The local educational agency demonstrates a pattern of stability between management and the bargaining units. (5) There is community support for the plan. (6) The local educational agency has surveyed parents and legal guardians in the district to gauge support for participation in the program. At least one-half of the permanent teachers and one-half of the surveyed parents or legal guardians in the district support participation in the program, and that support is demonstrated in writing. (b) At a minimum, the Superintendent shall consider the quality and rigor of the manner in which the local educational agency meets the requirements specified in subdivision (a). (c) If the Superintendent determines that a local educational agency fails to meet the requirements specified in subdivision (a), the Superintendent may restrict the local educational agency from spending the funds set aside pursuant to Section 45393. (d) Nothing in this section shall be construed as imposing new mandates on local educational agencies.