Notable Legislation Being Tracked by ACSA

June 16, 2017

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As the Legislature passes legislation from the first to the second house, there is a flurry of activity, as both the Assembly and Senate have a little more than one month to move bills through policy hearings and floor votes in order to reach the governor’s desk for action. Below are notable bills being tracked by ACSA that have made it to the second house.


AB 1321 (Weber) | Education finance: fiscal transparency

Co-sponsored by two nonprofit advocacy organizations, the Education Trust-West and Children Now, this bill would require, for purposes of transparency, the reporting of per-pupil expenditures of federal, state, and local funds for each local educational agency and school in California. The legislation would require each local educational agency to report the actual expenditures and the disaggregation of these expenditures to include LCFF base, supplemental and concentration funds. The proponents of the bill would like to see more transparently how the LCFF supplemental and concentration grant funding is being allocated to school sites with the greatest share of English learners, low-income and foster youth, and believe this bill will ensure that administrators are given clear guidance on how to report this information at the local level, while at the same time allowing the public to know where expenditures are being made across California.
Status: Referred to Com. on ED.
Position: Seek to Amend

Charter schools

AB 406 (McCarty) | Charter schools: operations

This bill would prohibit a charter school from operating as or being operated by a for-profit corporation or a for-profit charter management organization, after January 1, 2019.
Status: Senate Rules Committee
Position: Support

SB 354 (Portantino) | Special education: individualized education programs: translation services.

Would revise the definition of “parent” to specify that it also includes the educational rights holder and the conservator of a child. The bill would require a local educational agency to communicate in the native language of the parent, or in another mode of communication used by the parent, during the planning process for the individualized education program, as provided, and to provide alternative communication services, including by providing translation services for a pupil’s parent, as specified.
Status: Assembly Education Committee
Position: Oppose Unless Amended

English Learners

SB 463 (Lara) | English learners: reclassification

Since 2012, the Legislature has been exploring policy changes to ensure more English language learners (ELLs) are reclassified as English proficient to ensure they have access to mainstream curriculum and receive support when they make the transition to these courses. This bill would establish statewide criteria for reclassifying ELLs as English proficient and ensure consistency in the reclassification standards across all school districts. As proposed, ELLs would be reclassified according to proficiency on the English Language Proficiency Assessment for California (ELPAC); a teacher evaluation of a student’s curriculum mastery; a parental opinion and consultation; and potentially their performance on the English Language Arts Assessment (SBAC). The bill would also require districts to identify a team of teachers and administrators to meet regularly and assess the proficiency and performance of ELLs; develop procedures to monitor student performance for four years after being reclassified as English proficient; and review the procedures in place for ELLs in special education.
Status: Referred to Com. on ED.
Position: Support if Amended

AB 699 (O'Donnell) | Educational equity: immigration status.

This measure would restrict school officials from collecting information on the immigration status of students and their families. It also would prevent federal immigration officials from entering a school site without a judicial warrant and receiving approval from a superintendent or his or her designee. These policies are consistent with recommendations ACSA has provided to its members on actions they can take to protect undocumented students and families in their communities. AB 699 received bipartisan support in the Assembly and is expected to make it to the Governor’s desk.
Status: Senate Rules Committee
Position: Support

Employee/Employer Relations

AB 670 (Thurmond) | Classified employees: part-time playground positions.

AB 670 adds part-time playground positions to the classified service. While some districts have bargained to include noon-duty aides as part of the classified service, most do not. Under the direction of the principal, a noon-duty aide relates to pupils in a supervisory capacity. The principal must be able to move a noon-duty aide to any position needed during the time they are at the school site. Once part of the classified service, union rules of seniority and job classification can become an obstacle to the mobility needed at the school. Based on the relationship with both the student and principal, the noon-duty aide should be a versatile position that meets the needs of students.
Status: Senate Labor and Industrial Relations Committee
Position: Oppose

AB 1220 (Weber) | Certificated school employees: permanent status.

Current law provides for a two year teacher probationary period prior to the granting of permanent status. Because of the March 15th notification date, the decision to provide permanent status must be made in 15-18 months. As a result, an administrator who is unsure of whether the probationary teacher will be a great teacher must resort to non-reelecting them. Recent court cases challenging the extension of probation have stated this is an issue for the legislature. The State Board of Education, when confronted with a probationary employee extension waiver, stated this issue is for the legislature to resolve. AB 1220 has been introduced to extend the teacher probationary period for 3 years. AB 1220 passed out of the Assembly with a vote of 61-5, over the extraordinary opposition by the unions. Currently the bill provides for an optional 3 year probation for those teachers an administrator is unsure of. The sponsors of the bill are planning to amend the bill to a firm 3 year probation. Now AB 1220 is in the Senate and additional amendments are forthcoming.
Status: Senate Rules Committee
Position: Support

Reserve cap

AB 235 (O’Donnell) | School finance: school district annual budgets: reserve balances.

Enacted as part of the 2014 state budget, a cap on school district reserves would be imposed whenever any transfer is made into the state Public School System Stabilization Account (PSSSA). While the Legislative Analyst Office and the Department of Finance do not foresee the reserve cap being triggered in the foreseeable future since four conditions would need to be met, education management groups have been trying to repeal or modify the cap requirements in the event it ever gets triggered. This bill changes the conditions under which the cap on local school district reserves is imposed and exempts basic aid districts and small districts (unified school districts with ADAs below 1,501, high school districts with ADAs below 301, and elementary districts with ADAs below 901) from the restrictions imposed on schools regarding district reserves.
Status: Senate Education Committee
Position: Support if Amended

SB 751 (Hill) | School finance: school districts: annual budgets: reserve balance.

Slightly different than AB 235 (O’Donnell), this CSBA sponsored bill would amend the existing reserve budget cap law to apply only to unassigned ending balances, would set the cap at 17 percent, and would exempt basic aid districts and any district below 2,501 ADA.
Status: Assembly Education Committee
Position: Support

Suspensions and expulsions

SB 607 (Skinner) | Pupil discipline: suspension and expulsions: willful defiance.

This bill would eliminate willfully defying school personnel as being an act for which a student might be suspended or expelled in grades K-12.
Status: Assembly Education Committee
Position: Support if Amended

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