| 1 | | - | Senate Bill No. 991 CHAPTER 871An act to amend Section 35400 of, and to add Section 35400.5 to, the Education Code, relating to school districts. [ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 991, Gonzalez. School districts: Los Angeles Unified School District: inspector general.(1) Existing law, until January 1, 2025, authorizes the Los Angeles Unified School Districts Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation by the inspector general, to state or affirm as true any material matter that they know to be false. Existing law requires the inspector general to submit to the Legislature annual interim reports and a final cumulative report.This bill would extend the authority of the inspector general of the Los Angeles Unified School District indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require the inspector general to instead submit an annual report to the Legislature on or before July 1 of each year. The bill would expressly require the inspector general to be appointed by the Board of Education of the Los Angeles Unified School District for a term of 3 years, subject to the terms of the inspector generals employment contract, and would require the Office of the Inspector General to conform to the Principles and Standards for Offices of Inspector General and would require audits performed by the Office of the Inspector General to be conducted in accordance with generally accepted auditing standards, as provided.(2) 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 no reimbursement is required by this act for a specified reason.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 35400 of the Education Code is amended to read:35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. Section 35400.5 is added to the Education Code, to read:35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the Los Angeles Unified School District. |
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| 1 | + | Enrolled August 29, 2024 Passed IN Senate August 27, 2024 Passed IN Assembly August 26, 2024 Amended IN Assembly June 17, 2024 Amended IN Senate April 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 991Introduced by Senator GonzalezJanuary 31, 2024An act to amend Section 35400 of, and to add Section 35400.5 to, the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGESTSB 991, Gonzalez. School districts: Los Angeles Unified School District: inspector general.(1) Existing law, until January 1, 2025, authorizes the Los Angeles Unified School Districts Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation by the inspector general, to state or affirm as true any material matter that they know to be false. Existing law requires the inspector general to submit to the Legislature annual interim reports and a final cumulative report.This bill would extend the authority of the inspector general of the Los Angeles Unified School District indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require the inspector general to instead submit an annual report to the Legislature on or before July 1 of each year. The bill would expressly require the inspector general to be appointed by the Board of Education of the Los Angeles Unified School District for a term of 3 years, subject to the terms of the inspector generals employment contract, and would require the Office of the Inspector General to conform to the Principles and Standards for Offices of Inspector General and would require audits performed by the Office of the Inspector General to be conducted in accordance with generally accepted auditing standards, as provided.(2) 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 no reimbursement is required by this act for a specified reason.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 35400 of the Education Code is amended to read:35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. Section 35400.5 is added to the Education Code, to read:35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the Los Angeles Unified School District. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | SB 991, Gonzalez. School districts: Los Angeles Unified School District: inspector general. |
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| 20 | 31 | | |
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| 21 | 32 | | (1) Existing law, until January 1, 2025, authorizes the Los Angeles Unified School Districts Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation by the inspector general, to state or affirm as true any material matter that they know to be false. Existing law requires the inspector general to submit to the Legislature annual interim reports and a final cumulative report.This bill would extend the authority of the inspector general of the Los Angeles Unified School District indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require the inspector general to instead submit an annual report to the Legislature on or before July 1 of each year. The bill would expressly require the inspector general to be appointed by the Board of Education of the Los Angeles Unified School District for a term of 3 years, subject to the terms of the inspector generals employment contract, and would require the Office of the Inspector General to conform to the Principles and Standards for Offices of Inspector General and would require audits performed by the Office of the Inspector General to be conducted in accordance with generally accepted auditing standards, as provided.(2) 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 no reimbursement is required by this act for a specified reason.(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District. |
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| 22 | 33 | | |
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| 23 | 34 | | (1) Existing law, until January 1, 2025, authorizes the Los Angeles Unified School Districts Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation by the inspector general, to state or affirm as true any material matter that they know to be false. Existing law requires the inspector general to submit to the Legislature annual interim reports and a final cumulative report. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would extend the authority of the inspector general of the Los Angeles Unified School District indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require the inspector general to instead submit an annual report to the Legislature on or before July 1 of each year. The bill would expressly require the inspector general to be appointed by the Board of Education of the Los Angeles Unified School District for a term of 3 years, subject to the terms of the inspector generals employment contract, and would require the Office of the Inspector General to conform to the Principles and Standards for Offices of Inspector General and would require audits performed by the Office of the Inspector General to be conducted in accordance with generally accepted auditing standards, as provided. |
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| 26 | 37 | | |
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| 27 | 38 | | (2) 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. |
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| 28 | 39 | | |
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| 29 | 40 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 41 | | |
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| 31 | 42 | | (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District. |
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| 32 | 43 | | |
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| 33 | 44 | | ## Digest Key |
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| 34 | 45 | | |
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| 35 | 46 | | ## Bill Text |
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| 36 | 47 | | |
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| 37 | 48 | | The people of the State of California do enact as follows:SECTION 1. Section 35400 of the Education Code is amended to read:35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. Section 35400.5 is added to the Education Code, to read:35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the Los Angeles Unified School District. |
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| 38 | 49 | | |
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| 39 | 50 | | The people of the State of California do enact as follows: |
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| 40 | 51 | | |
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| 41 | 52 | | ## The people of the State of California do enact as follows: |
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| 42 | 53 | | |
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| 43 | 54 | | SECTION 1. Section 35400 of the Education Code is amended to read:35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 44 | 55 | | |
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| 45 | 56 | | SECTION 1. Section 35400 of the Education Code is amended to read: |
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| 46 | 57 | | |
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| 47 | 58 | | ### SECTION 1. |
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| 48 | 59 | | |
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| 49 | 60 | | 35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 50 | 61 | | |
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| 51 | 62 | | 35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 52 | 63 | | |
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| 53 | 64 | | 35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties.(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order.(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute.(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 54 | 65 | | |
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| 55 | 66 | | |
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| 56 | 67 | | |
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| 57 | 68 | | 35400. (a) The Los Angeles Unified School Districts Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, reasonable suspicion means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring. |
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| 58 | 69 | | |
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| 59 | 70 | | (b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. |
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| 60 | 71 | | |
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| 61 | 72 | | (c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles. |
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| 62 | 73 | | |
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| 63 | 74 | | (d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. |
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| 64 | 75 | | |
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| 65 | 76 | | (e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following: |
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| 66 | 77 | | |
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| 67 | 78 | | (A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector generals duties. |
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| 68 | 79 | | |
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| 69 | 80 | | (B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the courts order. |
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| 70 | 81 | | |
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| 71 | 82 | | (C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute. |
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| 72 | 83 | | |
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| 73 | 84 | | (2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 74 | 85 | | |
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| 75 | 86 | | SEC. 2. Section 35400.5 is added to the Education Code, to read:35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. |
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| 76 | 87 | | |
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| 77 | 88 | | SEC. 2. Section 35400.5 is added to the Education Code, to read: |
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| 78 | 89 | | |
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| 79 | 90 | | ### SEC. 2. |
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| 80 | 91 | | |
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| 81 | 92 | | 35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. |
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| 82 | 93 | | |
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| 83 | 94 | | 35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. |
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| 84 | 95 | | |
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| 85 | 96 | | 35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract.(b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. |
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| 86 | 97 | | |
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| 87 | 98 | | |
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| 88 | 99 | | |
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| 89 | 100 | | 35400.5. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector generals employment contract. |
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| 90 | 101 | | |
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| 91 | 102 | | (b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General. |
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| 92 | 103 | | |
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| 93 | 104 | | (2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. |
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| 94 | 105 | | |
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| 95 | 106 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 96 | 107 | | |
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| 97 | 108 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 98 | 109 | | |
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| 99 | 110 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 100 | 111 | | |
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| 101 | 112 | | ### SEC. 3. |
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| 102 | 113 | | |
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| 103 | 114 | | SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the Los Angeles Unified School District. |
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| 104 | 115 | | |
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| 105 | 116 | | SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the Los Angeles Unified School District. |
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| 106 | 117 | | |
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| 107 | 118 | | SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the Los Angeles Unified School District. |
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| 108 | 119 | | |
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| 109 | 120 | | ### SEC. 4. |
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