SB 232: School accountability: California Collaborative for Educational Excellence: state administrator.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-08-07
Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of a school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Existing law provides that if a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the reserve recommended for that school district, as specified, the Superintendent must, among other things, assume all the legal rights, duties, and powers of the governing board of the qualifying school district, as defined, and, in consultation with the county superintendent of schools, appoint an administrator to act on the Superintendents behalf. Existing law authorizes the administrator to take certain actions, including, among others, revising the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements and requires the charter petition for a charter school to include some of those same elements.
Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances, including upon their request.
This bill would also authorize the state-appointed administrator of a school district to request the advice and assistance of the collaborative.
Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of a school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Existing law provides that if a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the reserve recommended for that school district, as specified, the Superintendent must, among other things, assume all the legal rights, duties, and powers of the governing board of the qualifying school district, as defined, and, in consultation with the county superintendent of schools, appoint an administrator to act on the Superintendents behalf. Existing law authorizes the administrator to take certain actions, including, among others, revising the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements and requires the charter petition for a charter school to include some of those same elements.
Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances, including upon their request.
This bill would also authorize the state-appointed administrator of a school district to request the advice and assistance of the collaborative.
Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of a school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Existing law provides that if a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the reserve recommended for that school district, as specified, the Superintendent must, among other things, assume all the legal rights, duties, and powers of the governing board of the qualifying school district, as defined, and, in consultation with the county superintendent of schools, appoint an administrator to act on the Superintendents behalf. Existing law authorizes the administrator to take certain actions, including, among others, revising the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements, elements and requires the charter petition for a charter school to include some of those same elements.
Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent of Public Instruction to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances. circumstances, including upon their request.
This bill would also authorize the Superintendent to direct the collaborative to advise and assist a school district if the state-appointed trustee or administrator of the a school district requests that to request the advice and assistance. assistance of the collaborative.
Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements, and requires the charter for a charter school to include some of those same elements.
Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent of Public Instruction to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances.
This bill would also authorize the Superintendent to direct the collaborative to advise and assist a school district if the state-appointed trustee or administrator of the school district requests that advice and assistance.
(a)Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, qualifying school district means a school district that accepts a loan as described in this subdivision.
(b)The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following:
(1)The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator.
(2)The administrator shall have recognized expertise in management and finance.
(3)To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(4)Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.
(5)Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions.
(6)For purposes of workers compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.
(7)The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies.
(8)The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district.
(9)The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.
(10)The administrator may do all of the following:
(A)Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness.
(B)Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
(C)Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district.
(D)Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community.
(E)Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article.
(F)With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.
(G)Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074.
(c)(1)Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district.
(2)(A)After one complete fiscal year has elapsed following the qualifying school districts acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.
(B)An advisory evaluation of an administrator shall focus on the administrators effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:
(i)Goals and standards consistent with Section 41327.1.
(ii)Commendations in the areas of the administrators strengths and achievements.
(iii)Recommendations for improving the administrators effectiveness in areas of concern and unsatisfactory performance.
(C)An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team.
(3)Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district.
(4)A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j).
(d)Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency.
(e)The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur:
(1)(A)After one complete fiscal year has elapsed following the qualifying school districts acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(B)The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent.
(2)The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school districts progress in implementing the improvement plans.
(3)The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.
(4)The qualifying school district has completed all reports required by the Superintendent and the administrator.
(5)The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(f)When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met.
(g)Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustees appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.
(h)Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.
(i)It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school districts educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district.
(j)(1)The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation.
(2)This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.
(k)(1)When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.
(2)Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.
(3)If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.
(a)Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, qualifying school district means a school district that accepts a loan as described in this subdivision.
(b)The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following:
(1)The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator.
(2)The administrator shall have recognized expertise in management and finance.
(3)To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(4)Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.
(5)Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions.
(6)For purposes of workers compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.
(7)The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies.
(8)The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district.
(9)The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.
(10)The administrator may do all of the following:
(A)Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness.
(B)Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
(C)Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district.
(D)Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community.
(E)Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article.
(F)With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.
(G)Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074.
(c)(1)Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district.
(2)(A)After one complete fiscal year has elapsed following the qualifying school districts acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.
(B)An advisory evaluation of an administrator shall focus on the administrators effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:
(i)Goals and standards consistent with Section 41327.1.
(ii)Commendations in the areas of the administrators strengths and achievements.
(iii)Recommendations for improving the administrators effectiveness in areas of concern and unsatisfactory performance.
(C)An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team.
(3)Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district.
(4)A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j).
(d)Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency.
(e)The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur:
(1)(A)After one complete fiscal year has elapsed following the qualifying school districts acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(B)The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent.
(2)The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school districts progress in implementing the improvement plans.
(3)The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.
(4)The qualifying school district has completed all reports required by the Superintendent and the administrator.
(5)The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(f)When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met.
(g)Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustees appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.
(h)Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.
(i)It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school districts educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district.
(j)(1)The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation.
(2)This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.
(k)(1)When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.
(2)Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.
(3)If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.
(a)Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, qualifying school district means a school district that accepts a loan as described in this subdivision.
(b)The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following:
(1)The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator.
(2)The administrator shall have recognized expertise in management and finance.
(3)To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(4)Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.
(5)Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions.
(6)For purposes of workers compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.
(7)The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies.
(8)The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district.
(9)The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.
(10)The administrator may do all of the following:
(A)Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness.
(B)Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.
(C)Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district.
(D)Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community.
(E)Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article.
(F)With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.
(G)Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074.
(c)(1)Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district.
(2)(A)After one complete fiscal year has elapsed following the qualifying school districts acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.
(B)An advisory evaluation of an administrator shall focus on the administrators effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:
(i)Goals and standards consistent with Section 41327.1.
(ii)Commendations in the areas of the administrators strengths and achievements.
(iii)Recommendations for improving the administrators effectiveness in areas of concern and unsatisfactory performance.
(C)An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team.
(3)Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district.
(4)A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j).
(d)Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency.
(e)The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur:
(1)(A)After one complete fiscal year has elapsed following the qualifying school districts acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(B)The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent.
(2)The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school districts progress in implementing the improvement plans.
(3)The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.
(4)The qualifying school district has completed all reports required by the Superintendent and the administrator.
(5)The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.
(f)When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met.
(g)Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustees appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.
(h)Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.
(i)It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school districts educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district.
(j)(1)The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation.
(2)This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.
(k)(1)When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.
(2)Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.
(3)If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.
SECTION 1.Section 52074 of the Education Code is amended to read:52074.(a)The California Collaborative for Educational Excellence is hereby established.
(b)The purpose of the California Collaborative for Educational Excellence is to advise and assist school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan adopted pursuant to this article.
(c)The Superintendent shall, with the approval of the state board, contract with a local educational agency, or consortium of local educational agencies, to serve as the fiscal agent for the California Collaborative for Educational Excellence. The Superintendent shall apportion funds appropriated for the California Collaborative for Educational Excellence to the fiscal agent.
(d)The California Collaborative for Educational Excellence shall be governed by a board consisting of the following five members:
(1)The Superintendent or his or her designee.
(2)The president of the state board or his or her designee.
(3)A county superintendent of schools appointed by the Senate Committee on Rules.
(4)A teacher appointed by the Speaker of the Assembly.
(5)A superintendent of a school district appointed by the Governor.
(e)At the direction of the governing board of the California Collaborative for Educational Excellence, the fiscal agent shall contract with individuals, local educational agencies, or organizations with the expertise, experience, and a record of success to carry out the purposes of this article. The areas of expertise, experience, and record of success shall include, but are not limited to, all of the following:
(1)State priorities as described in subdivision (d) of Section 52060.
(2)Improving the quality of teaching.
(3)Improving the quality of school district and schoolsite leadership.
(4)Successfully addressing the needs of special pupil populations, including, but not limited to, English learners, pupils eligible to receive a free or reduced-price meal, pupils in foster care, and individuals with exceptional needs.
(f)The Superintendent may direct the California Collaborative for Educational Excellence to advise and assist a school district, county superintendent of schools, or charter school in any of the following circumstances:
(1)If the governing board of a school district, county board of education, or governing body of a charter school requests the advice and assistance of the California Collaborative for Educational Excellence.
(2)If the county superintendent of schools of the county in which the school district or charter school is located determines, following the provision of technical assistance pursuant to Section 52071 or 47607.3, as applicable, that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district or charter school accomplish the goals described in the local control and accountability plan adopted pursuant to this article.
(3)If the Superintendent determines that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district, county superintendent of schools, or charter school accomplish the goals set forth in the local control and accountability plan adopted pursuant to this article.
(4)If a state-appointed trustee or administrator of a school district requests the advice and assistance of the California Collaborative for Educational Excellence.
(a)The California Collaborative for Educational Excellence is hereby established.
(b)The purpose of the California Collaborative for Educational Excellence is to advise and assist school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan adopted pursuant to this article.
(c)The Superintendent shall, with the approval of the state board, contract with a local educational agency, or consortium of local educational agencies, to serve as the fiscal agent for the California Collaborative for Educational Excellence. The Superintendent shall apportion funds appropriated for the California Collaborative for Educational Excellence to the fiscal agent.
(d)The California Collaborative for Educational Excellence shall be governed by a board consisting of the following five members:
(1)The Superintendent or his or her designee.
(2)The president of the state board or his or her designee.
(3)A county superintendent of schools appointed by the Senate Committee on Rules.
(4)A teacher appointed by the Speaker of the Assembly.
(5)A superintendent of a school district appointed by the Governor.
(e)At the direction of the governing board of the California Collaborative for Educational Excellence, the fiscal agent shall contract with individuals, local educational agencies, or organizations with the expertise, experience, and a record of success to carry out the purposes of this article. The areas of expertise, experience, and record of success shall include, but are not limited to, all of the following:
(1)State priorities as described in subdivision (d) of Section 52060.
(2)Improving the quality of teaching.
(3)Improving the quality of school district and schoolsite leadership.
(4)Successfully addressing the needs of special pupil populations, including, but not limited to, English learners, pupils eligible to receive a free or reduced-price meal, pupils in foster care, and individuals with exceptional needs.
(f)The Superintendent may direct the California Collaborative for Educational Excellence to advise and assist a school district, county superintendent of schools, or charter school in any of the following circumstances:
(1)If the governing board of a school district, county board of education, or governing body or of a charter school requests the advice and assistance of the California Collaborative for Educational Excellence.
(2)If the county superintendent of schools of the county in which the school district or charter school is located determines, following the provision of technical assistance pursuant to Section 52071 or 47607.3 47607.3, as applicable, that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district or charter school accomplish the goals described in the local control and accountability plan adopted pursuant to this article.
(3)If the Superintendent determines that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district, county superintendent of schools, or charter school accomplish the goals set forth in the local control and accountability plan adopted pursuant to this article.
(4)If a state-appointed trustee or administrator of a school district requests the advice and assistance of the California Collaborative for Educational Excellence.
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Date
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Status
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|---|---|
| Apr 30, 2015 | Read third time. Passed. (Ayes 35. Noes 0.) Ordered to the Assembly. |
| Aug 7, 2015 | Chaptered by Secretary of State. Chapter 142, Statutes of 2015. |
| Aug 7, 2015 | Approved by the Governor. |
| Jul 30, 2015 | Enrolled and presented to the Governor at 10 a.m. |
| Jul 16, 2015 | Read third time. Passed. (Ayes 79. Noes 0. Page 2432.) Ordered to the Senate. |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jul 16, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Jul 9, 2015 | Read second time. Ordered to consent calendar. |
| Jul 8, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (July 8). |
| Jun 18, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 17). Re-referred to Com. on APPR. |
| May 14, 2015 | Referred to Com. on ED. |
| Feb 13, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 30, 2015 | Read third time. Passed. (Ayes 35. Noes 0. Page 839.) Ordered to the Assembly. |
| Apr 30, 2015 | In Assembly. Read first time. Held at Desk. |
| Apr 28, 2015 | Read second time. Ordered to third reading. |
| Apr 27, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 22, 2015 | Set for hearing April 27. |
| Mar 25, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 417.) (March 25). Re-referred to Com. on APPR. |
| Mar 19, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Mar 13, 2015 | Set for hearing March 25. |
| Feb 26, 2015 | Referred to Com. on ED. |
| Feb 17, 2015 | From printer. May be acted upon on or after March 19. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jul 16, 2015 | SB 232 Hall Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Jul 8, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Jun 17, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
|
| Apr 30, 2015 | Senate 3rd Reading SB232 Hall | Senate Floor |
Passed |
|
| Mar 25, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California School Boards Association | * Support | Mar 25, 2015 |
| State Superintendant of Public Instructions | * Support | Mar 25, 2015 |
| u None received. | ** Against | Mar 25, 2015 |
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 232
(Hall) – As Amended March 19, 2015
Policy Committee: |
Education |
Vote: |
7-0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes a state-appointed school district administrator to request the advice and assistance of the California Collaborative for Educational Excellence (CCEE).
FISCAL EFFECT:
Unknown, likely absorbable costs to the CCEE. The 2013-14 Budget Act provided $10 million for the CCEE. The CCEE has just begun meeting and the majority of these funds have not been spent.
COMMENTS:
Purpose. The CCEE was created as part of the accountability structure under the Local Control Funding Formula (LCFF) to advise and assist school districts, charter schools, and county offices of education with the achievement of goals in their local plans and petitions under the LCFF. This bill seeks to clarify that a state-appointed administrator has the authority to request the assistance of the CCEE.
Background. Current law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction (SPI) if the governing board determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. As a condition of the district's receipt of the emergency loan, the SPI must, among other things, assume all the legal rights, duties, and powers of the governing board and, in consultation with the county superintendent of schools, appoint an administrator to act on the SPI's behalf.
Since the SPI assumes all the legal rights, duties, and powers of the governing board, it appears that the SPI currently has the authority to request technical assistance or the advice of the CCEE on behalf of that district. According to the author's office, however, there is sufficient ambiguity in existing law to warrant clarification.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
SB 232
Page 2
Date of Hearing: June 17, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB 232
(Hall) – As Amended March 19, 2015
SENATE VOTE: 35-0
SUBJECT: School accountability: California Collaborative for Educational Excellence: state administrator
SUMMARY: Authorizes a state-appointed school district administrator to request the advice and assistance of the California Collaborative for Educational Excellence (CCEE).
EXISTING LAW:
Establishes the CCEE, to provide advice and assistance to local education agencies (LEAs) upon request or that have been identified as needing advice and assistance due to poor pupil outcomes.
Requires the Superintendent of Public Instruction (SPI) to assume all the legal rights, duties, and powers of the governing board of a school districts that has accepted an emergency apportionment (loan) in excess of 200% of its recommended reserve for economic uncertainty and requires the SPI to appoint an administrator to act on his or her behalf in exercising this authority.
Authorizes the administrator to do all of the following:
Implement substantial changes in the fiscal policies and practices of the school district;
Revise the educational program of the school district to reflect realistic income projections and pupil performance relative to state standards;
Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district;
Consult with the governing board of the school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community;
Consult with, and seek recommendations from, the SPI, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team; and
With the approval of the SPI, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the district's recovery plans.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: This bill gives a state-appointed administrator the authority to request the services of the CCEE. The CCEE is still in the process of being established and it is not known when its services will be available. The primary role of a state-appointed administrator is to return a school district to fiscal solvency. To that end, the administrator works closely with the Fiscal Crisis and Management Assistance Team (FCMAT), which assists districts with fiscal issues. By contrast, the CCEE, once operational, will work with districts that need assistance in improving academic performance.
Existing authority of state-appointed administrators. Education Code Section 41326 gives state-appointed administrators all of the legal rights, duties, and powers of the governing board, including specifically to “enter into agreements on behalf of the…school district…” Since governing boards have the authority to request the services of the CCEE, and the state-appointed administrator has the same authority as the governing board, it seems to follow that the administrator has the authority to request the assistance of the CCEE. According to the author's office, however, there is sufficient ambiguity in existing law to warrant clarification.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Office of Education
State Superintendent of Public Instruction Tom Torlakson
Several individuals
Opposition
None received
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
SB 232
Page 5
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 232
Amended: 3/19/15
SENATE EDUCATION COMMITTEE: 8-0, 3/25/15
AYES: Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: School accountability: California Collaborative for Educational Excellence: state administrator
DIGEST: This bill allows a state-appointed trustee or administrator of a school district in receivership to request the advice and assistance of the California Collaborative for Educational Excellence.
Existing law:
Specifies that the California Collaborative for Educational Excellence (CCEE) shall be governed by a board consisting of the following five members: (a) the Superintendent of Public Instruction (SPI) or his/her designee; (b) the President of the State Board of Education (SBE) or his/her designee; (c) a superintendent of a county office of education appointed by the Senate Rules Committee; (d) a teacher appointed by the Speaker of the Assembly; and (e) a superintendent of a school district appointed by the Governor.
Specifies that, at the direction of the board of the CCEE, the fiscal agent shall contract with individuals, as well as local educational agencies (LEAs) or organizations with expertise, experience, and a record of success to carry out the purposes of the Local Control Funding Formula (LCFF) implementation.
This bill allows a state-appointed trustee or administrator of a school district in receivership, among other things, to request the advice and assistance of the CCEE.
Background
AB 97 (Committee on Budget, Chapter 47, Statutes of 2013) and subsequent legislation created the LCFF, which consolidated most of the state’s categorical programs with general purpose revenue limit funding and would be phased in over the coming years. One of the main principles behind the LCFF is that English learners and low-income students require more attention and resources in the classroom than students who do not have these same challenges. By providing more services (and in turn, additional funding) to these student populations, it is widely believed that this will help close the achievement gap and help all students perform better.
In addition to the LCFF, the 2013 Budget established a new system for school accountability. Under the new system, school districts, county offices of education, and charter schools are required to complete a local control and accountability plan (LCAP). The LCAP must include a district’s annual goals in each of the following eight state priority areas:
Student achievement.
Student engagement.
Other student outcomes.
School climate.
Implementation of the Common Core State Standards.
Course access.
Basic services.
Parental involvement.
The plans must also include both district wide goals and goals for specific subgroups. Districts are required to consult with stakeholders on their plans and hold at least two public hearings before adopting or updating their LCAP.
The new funding formula also created a new system of school district support and intervention. The CCEE was created in order to provide advice and assistance to LEAs. Under the new system, if an LEA does not meet performance expectations in the eight state priority areas, they could be subject to intervention by their county office of education or the CCEE. LEAs that are continuously not meeting performance standards, as specified, could be subject to intervention by the SBE and SPI. However, LEAs also may seek assistance from the CCEE on their own.
Emergency Loans and School Administrators. Emergency loans may be given to school districts that are unable to meet their current operating expenses. Such loans are provided by legislation enacted at the request of the district. Districts that receive an emergency loan are required to agree to statutory terms and conditions regarding repayment of the loan and the steps to be taken to return the district to financial solvency.
If a district receives an emergency loan of up to 200% of its recommended budget reserve, the SPI is required to appoint a trustee who has the authority to stay and rescind any action of the school district governing board. Further, the appointed trustee serves until the loan is repaid and the district has adequate fiscal systems and controls in place. If a school district receives an emergency loan of more than 200% of its recommended budget reserve, then the SPI is required to assume all legal rights, duties, and powers of the governing board and to appoint an administrator to act on his/her behalf in exercising this authority. The SPI may return power to the governing board after specified conditions are met. The costs of the trustee and administrator and other related oversight and monitoring activities are borne by the district. Since 1991, nine school districts have received emergency loans, including: Oakland Unified, Vallejo City Unified, King City Joint Union High School District (formerly South Monterey County Joint Union High School District), West Fresno, and most recently, Inglewood Unified.
Comments
Need for the bill. According to the author’s office, in order to receive assistance from the CCEE, the governing body of a school district, a county superintendent, or a district superintendent must make a request. However, when a school district enters state receivership, such as Inglewood Unified School District, and is currently under a state-appointed administrator to oversee the district’s day-to-day operations, the administrator is not included among those entities that can request assistance of the CCEE. “School districts with the most to gain by accessing the CCEE, those under state receivership, have no direct or clear way of doing so.” According to the author’s office, this bill provides all school districts under state receivership with a clear path to access the CCEE.
Is the bill necessary? Existing law provides several ways for LEAs to access assistance from the CCEE. Specifically, subsection (f) of Education Code § 52074 allows the SPI to direct the CCEE to advise and assist an LEA under specified circumstances, including a situation whereby the governing board of an LEA requests the advice and assistance of the CCEE. Additionally, pursuant to Education Code § 52071, if a school district requests technical assistance, the county superintendent of schools shall provide technical assistance, including a request that the CCEE provide advice and assistance to the school district. For a school district under state receivership, because the SPI assumes all the legal rights, duties, and powers of the governing board, it appears that the SPI has the authority to request technical assistance or the advice of the CCEE on behalf of that district. Therefore, it can be reasonably argued that there are already sufficient mechanisms in place for LEAs to request assistance from the CCEE.
Purpose of the CCEE. Existing law specifies that the purpose of the CCEE is to advise and assist school districts, county superintendents of schools, and charter schools in achieving the goals set forth in their LCAPs. However, the CCEE board itself does not have a statutory role in evaluating LEA performance, determining which LEAs receive advice and assistance, or the delivery of advice and assistance. Those functions lay with the SPI, county superintendents of schools, and the individuals and organizations with whom the fiscal agent has contracted to provide those services. The advice and assistance may be provided upon request of an LEA (in which case the LEA pays for the cost). Alternatively, the CCEE may be assigned to an LEA upon the recommendation of the SPI, if the SPI and the county superintendent of schools in which the LEA exists, determine that assistance is needed to help the LEA achieve the goals it has specified for itself in its LCAP.
The 2013 Budget Act appropriated $10 million to establish this new system of support through the CCEE. The California Department of Education recommended, and the SBE approved, the selection of Riverside County Office of Education as the fiscal agent for the CCEE. Because the number of districts that will need assistance is unknown and the role of the CCEE is still unclear, the cost of the new support and intervention system going forward has yet to be determined. The CCEE board met only for the first time on February 25, 2015. The Governor’s Proposed 2015 Budget does not include ongoing funding for the CCEE, but the Administration will be considering ongoing funding as the system is further developed.
Inglewood Unified School District. SB 533 (Wright, Chapter 325, Statutes of 2012) provided an emergency loan of $29 million from the General Fund to the Inglewood Unified School District in order to restore the district back to fiscal solvency. The district is located in Los Angeles County and enrolled approximately 15,000 pupils in 26 schools in the 2010-11 school year. In April 2012, the Los Angeles County Office of Education certified Inglewood Unified School District’s fiscal status as negative, which meant that based upon current projections at the time, the district could not meet its financial obligations for the 2011-12 or 2012-13 fiscal years. The current State Trustee for the Inglewood Unified School District was appointed by the SPI in June 2013, taking over for the Interim State Administrator. The Interim State Administrator was appointed in December 2012 after the resignation of the district’s previous and initial State Administrator, who was appointed in October 2012.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Superintendent of Public Instruction, Tom Torlakson
Los Angeles County Office of Education
ARGUMENTS IN SUPPORT: Supporters argue that this bill allows for assistance services to be provided by the CCEE and be particularly helpful for school districts that are under state receivership.
Prepared by: Lenin Del Castillo / ED. / (916) 651-4105
4/28/15 15:31:20
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SB 232 (Hall) Page 5 of 5
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 232
Author: |
Hall |
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Version: |
March 19, 2015 Hearing Date: March 25, 2015 |
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Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lenin Del Castillo |
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Subject: School accountability: local control and accountability plans: California …………. Collaborative for Educational Excellence
SUMMARY
This bill would allow a state-appointed trustee or administrator of a school district in receivership to request the advice and assistance of the California Collaborative for Educational Excellence.
BACKGROUND
California Collaborative for Educational Excellence
Chapter 47, Statutes of 2013 (AB 97, Committee on Budget), and subsequent legislation created the Local Control Funding Formula (LCFF), which consolidated most of the state’s categorical programs with general purpose revenue limit funding and would be phased in over the coming years. One of the main principles behind the LCFF is that English learners and low-income students require more attention and resources in the classroom than students who do not have these same challenges. By providing more services (and in turn, additional funding) to these student populations, it is widely believed that this will help close the achievement gap and help all students perform better.
In addition to the LCFF, the 2013 Budget established a new system for school accountability. Under the new system, school districts, county offices of education, and charter schools are required to complete a Local Control and Accountability Plan (LCAP). The LCAP must include a district's annual goals in each of the following eight state priority areas:
Student achievement.
Student engagement.
Other student outcomes.
School climate.
Implementation of the Common Core State Standards.
Course access.
Basic services.
Parental involvement.
The plans must also include both district wide goals and goals for specific subgroups. Districts are required to consult with stakeholders on their plans and hold at least two public hearings before adopting or updating their LCAP.
The new funding formula also created a new system of school district support and intervention. The California Collaborative for Educational Excellence (CCEE) was created in order to provide advice and assistance to local educational agencies (LEAs). Under the new system, if an LEA does not meet performance expectations in the eight state priority areas, they could be subject to intervention by their County Office of Education or the CCEE. LEAs that are continuously not meeting performance standards, as specified, could be subject to intervention by the State Board of Education (SBE) and State Superintendent of Public Instruction (SPI). However, LEAs also may seek assistance from the CCEE on their own.
Existing
law specifies that the CCEE shall be governed by a board consisting
of the following five members: (1) the SPI or his/her designee; (2)
the President of the SBE or his/her designee; (3) a superintendent of
a county office of education appointed by the Senate Rules Committee;
(4) a teacher appointed by the Speaker of the Assembly; and (5) a
superintendent of a school district appointed by the Governor.
Existing law also specifies that, at the direction of the board of the CCEE, the fiscal agent shall contract with individuals, as well as LEAs or organizations with expertise, experience, and a record of success to carry out the purposes of the Local Control Funding Formula (LCFF) implementation.
Emergency Loans and School Administrators
Existing law provides the authority for emergency loans to be given to school districts that are unable to meet their current operating expenses. Such loans are provided by legislation enacted at the request of the district. Existing law requires districts that receive an emergency loan to agree to statutory terms and conditions regarding repayment of the loan and the steps to be taken to return the district to financial solvency.
If a district receives an emergency loan of up to 200% of its recommended budget reserve, the SPI is required to appoint a trustee who has the authority to stay and rescind any action of the school district governing board. Further, the appointed trustee serves until the loan is repaid and the district has adequate fiscal systems and controls in place. If a school district receives an emergency loan of more than 200% of its recommended budget reserve, then the SPI is required to assume all legal rights, duties, and powers of the governing board and to appoint an administrator to act on his or her behalf in exercising this authority. The SPI may return power to the governing board after specified conditions are met. The costs of the trustee and administrator and other related oversight and monitoring activities are borne by the district. Since 1991, nine school districts have received emergency loans, including: Oakland Unified, Vallejo City Unified, King City Joint Union High School District (formerly South Monterey County Joint Union High School District), West Fresno, and most recently, Inglewood Unified.
ANALYSIS
This bill would allow a state-appointed trustee or administrator of a school district in receivership, among other things, to request the advice and assistance of the California Collaborative for Educational Excellence (CCEE).
STAFF COMMENTS
Need for the bill. According to the author’s office, in order to receive assistance from the California Collaborative for Educational Excellence (CCEE), the governing body of a school district, a county superintendent, or a district superintendent must make a request. However, when a school district enters state receivership, such as Inglewood Unified School District, and is currently under a state-appointed administrator to oversee the district’s day-to-day operations, the administrator is not included among those entities that can request assistance of the CCEE. “School districts with the most to gain by accessing the CCEE, those under state receivership, have no direct or clear way of doing so.” According to the author’s office, the bill provides all school districts under state receivership with a clear path to access the CCEE.
Is the bill necessary? Current law provides several ways for local educational agencies (LEAs) to access assistance from the CCEE. Specifically, subsection (f) of Education Code § 52074 allows the Superintendent of Public Instruction (SPI) to direct the CCEE to advise and assist an LEA under specified circumstances, including a situation whereby the governing board of an LEA requests the advice and assistance of the CCEE. Additionally, pursuant to Education Code § 52071, if a school district requests technical assistance, the county superintendent of schools shall provide technical assistance, including a request that the CCEE provide advice and assistance to the school district. For a school district under state receivership, because the SPI assumes all the legal rights, duties, and powers of the governing board, it appears that the SPI has the authority to request technical assistance or the advice of the CCEE on behalf of that district. Therefore, it can be reasonably argued that there are already sufficient mechanisms in place for LEAs to request assistance from the CCEE.
Purpose of the CCEE. Current law specifies that the purpose of the CCEE is to advise and assist school districts, county superintendents of schools, and charter schools in achieving the goals set forth in their local control and accountability plans (LCAPs). However, the CCEE board itself does not have a statutory role in evaluating LEA performance, determining which LEAs receive advice and assistance, or the delivery of advice and assistance. Those functions lay with the SPI, county superintendents of schools, and the individuals and organizations with whom the fiscal agent has contracted to provide those services. The advice and assistance may be provided upon request of an LEA (in which case the LEA pays for the cost). Alternatively, the California Collaborative for Educational Excellence (CCEE) may be assigned to an LEA upon the recommendation of the SPI, if the SPI and the county superintendent of schools in which the LEA exists, determine that assistance is needed to help the LEA achieve the goals it has specified for itself in its LCAP.
The 2013 Budget Act appropriated $10 million to establish this new system of support through the California Collaborative for Education Excellence (CCEE). The State Department of Education recommended, and the State Board of Education approved, the selection of Riverside County Office of Education as the fiscal agent for the CCEE. Because the number of districts that will need assistance is unknown and the role of the CCEE is still unclear, the cost of the new support and intervention system going forward has yet to be determined. The CCEE board met only for the first time on February 25, 2015. The Governor's Proposed 2015 Budget does not include ongoing funding for the CCEE, but the Administration will be considering ongoing funding as the system is further developed. The Committee may wish to consider whether it is appropriate or premature at this point to potentially expand the scope of the CCEE by specifically authorizing the administrator of a school district under receivership to request its assistance.
Inglewood Unified School District. Chapter 325, Statutes of 2012 (SB 533, Wright) provided an emergency loan of $29 million in General Fund to the Inglewood Unified School District in order to restore the district back to fiscal solvency. The district is located in Los Angeles County and enrolled approximately 15,000 pupils in 26 schools in the 2010–11 school year. In April 2012, the Los Angeles County Office of Education (LACOE) certified Inglewood Unified School District's fiscal status as negative, which meant that based upon current projections at the time, the district could not meet its financial obligations for the 2011–12 or 2012–13 fiscal years. The current State Trustee for the Inglewood Unified School District was appointed by the Superintendent of Public Instruction in June 2013, taking over for the Interim State Administrator. The Interim State Administrator was appointed in December 2012 after the resignation of the district’s previous and initial State Administrator, who was appointed in October 2012.
Related and previous legislation.
AB 2408 (Allen, 2014) proposed to expand the governing board of the CCEE from five to seven members by adding a representative of charter schools, appointed by the Senate Rules Committee, and a parent of a California public school pupil, appointed by the Speaker of the Assembly. AB 2408 passed this Committee on June 4, 2014, but was eventually vetoed by the Governor with the following message:
I am returning Assembly Bill 2408 without my signature.
This
bill would add two new members to the California Collaborative for
Educational Excellence that was recently established under the Local
Control Funding Formula.
It is premature to alter the
composition of the Collaborative prior to its initial meeting. I
would prefer to see how the Collaborative functions in its current
form before making any changes.
Chapter 325, Statutes of 2012 (SB 533, Wright), provided an emergency loan of $29 million in General Fund to the Inglewood Unified School District to restore the district back to fiscal solvency.
SUPPORT
Superintendent of Public Instruction
OPPOSITION
None received.
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