UndertheDome: CSBA position updates; funding reform and flexibility
Published: April 1, 2008
CSBA’s Legislative Committee, an advisory group that reviews and takes positions consistent with the CSBA Policy Platform on bills in the Legislature, has adopted positions on a number of new bills. Among them:
AB 1768 (Evans, D-Santa Rosa) Special education: due process hearings
This bill would make a significant change to the current special education requirements for local school districts when a child with exceptional needs who currently has an Individual Family Service Plan transitions into the public education system at age 3. Specifically, this bill would require the IFSP to be the student’s “stay put” placement during the pendency of stay put proceedings. The statutory change proposed by this bill would exceed the requirements under federal law.
Position: Oppose
Status: Assembly Education
AB 2053 (Karnette, D-Long Beach) Adult education: part-time teachers
This bill would make the right of temporary employees serving as part-time adult school teachers to earn and retain annual reappointment rights a mandatory subject of collective bargaining. This bill would expand the scope of bargaining and reduce flexibility for school districts struggling in the face of deep budget cuts and layoffs.
Position: Oppose
Status: Assembly Public Employees, Retirement and Social Security
AB 2457 (Walters, R-Laguna Niguel) Instructional programs: Online Classroom Pilot Program
Existing law establishes the Online Classroom Pilot Program to monitor and evaluate pupil participation in online, interactive instructional programs conducted over the Internet. This bill would recast and re-enact those provisions to establish a new Online Classroom Pilot Program.
Position: Support
Status: Assembly Education
AB 2481 (Mendoza, D-Artesia) Teacher salaries: Teacher Recovery Act
This bill would require a school district to reimburse certificated employees for any additional income taxes accrued as a result of an overpayment error made by that district, and would afford additional rights to certificated employees whose salaries have been overpaid or underpaid by the district. Until the matter is resolved, this bill would prohibit the district from using state funds apportioned to the district for the expenses of the governing board or the salaries of the superintendent or assistant superintendents if a certificated employee files a declaration of any outstanding underpayment or overpayment.
Position: Oppose
Status: Assembly Education
AB 2717 (Fuentes, D-Los Angeles, and Lieber, D-Mountain View) Special education: due process hearing: burden of proof
This bill would assign the burden of proof in a due process hearing to the responsible educational agency, except with regard to the appropriateness of a unilateral parental placement or related services in a case where the parent or guardian is seeking tuition reimbursement for the placement or services.
Position: Oppose
Status: Assembly Education
SB 1446 (Romero, D-Los Angeles) High school exit examination: pupils with disabilities
This bill would allow pupils with disabilities who are scheduled to graduate from high school on or before Dec. 31, 2009, to waive the California High School Exit Exam graduation requirement if they meet specified criteria.
Position: Support
Status: Senate Education
In response to the state’s fiscal crisis and Gov. Arnold Schwarzenegger’s proposed cuts to education, members of the Legislature have introduced a variety of proposals on funding reform and flexibility. Proposals range from minor technical changes to sweeping reforms. The following is a sample of new bills addressing some of these issues:
Flexibility
AB 1908 (Wolk, D-Davis) Education finance: categorical programs
This bill would provide budgeting flexibility to school districts by allowing them to use the ending balances for categorical programs for the current fiscal year for general purposes.
Position: Support
Status: Assembly Education
AB 2831 (Fuller, R-Bakersfield) Education finance: categorical programs
This bill is similar to AB 1908; however, it would allow the use of unexpended categorical funds for general purposes for fiscal years 2008–09 through 2011–12.
Position: Support
Status: Assembly Education
AB 2832 (Fuller, R-Bakersfield) Education finance: restricted routine maintenance funds
This bill would provide flexibility by allowing districts to use unencumbered funds from their restricted routine maintenance account for nonmaintenance or facilities-related uses.
Position: Support
Status: Assembly
Revenue options
SB 1430 (Torlakson, D-Antioch) Education finance districts: taxation
This bill would allow school districts to form education finance districts for the purpose of raising local revenues.
Position: Support
Status: Senate Education
SCA 17 (Simitian, D-Palo Alto) Taxation: educational entities: parcel tax
This constitutional amendment would place a measure on the statewide ballot to seek voter approval to lower the threshold for parcel taxes from the current two-thirds to 55 percent. If passed by voters, school districts would then be able to place parcel taxes with a 55 percent threshold on their local ballot.
Position: Support
Status: Senate Revenue and Taxation
SCA 18 (Torlakson, D-Antioch) Taxation: education finance district: special tax
This constitutional amendment would lower the vote threshold for taxes for an education finance district established pursuant to SB 1430 to a simple majority.
Position: Support
Status: Senate