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Under the Dome: CSBA legislative updates 

The deadline for bills to pass out of their house of origin in the state Legislature passed in June. Those that failed to pass or were held in committees are essentially dead for this year and will have to wait until next January for any further action. However, constitutional amendments proposed by the Legislature are not subject to that deadline.

The following is a status report on key education-related bills.

AB 661 Special education: behavioral intervention plans: mandate claim: funding

Torlakson, D-Antioch

This bill would implement the settlement of a lawsuit and test claim filed by CSBA’s Education Legal Alliance over unfunded mandates concerning costs for the Behavioral Intervention Plans that the state requires local educational agencies to develop for specified special education students under AB 2586 (Hughes/Chapter 959 of the Statutes of 1990).

Position: Sponsor

Status: Held in the Senate Appropriations Committee (Suspense File); however, at the time of this writing, funding for the settlement is being considered as part of the budget negotiation process

SB 375 School facilities

Hancock, D-Oakland

In 2006, the voters approved over $10 billion in statewide general obligation bonds for school facilities and set aside approximately $200 million for seismic improvements. However, the funds for seismic improvements have not been spent. This bill would permit the State Allocation Board to promulgate regulations allowing the funds from the 2006 statewide general obligation bond for school facilities to be used for seismic evaluations, and interim housing for students whose facilities are being retrofitted.

Position: Co-sponsor

Status: Held in the Senate Appropriations Committee (Suspense File) and considered dead for the year; however, the State Allocation Board is considering regulatory changes to improve access to the bond funds

AB 164 School districts: compensation of district superintendents

Mendoza, D-Artesia

This measure would place restrictions on the terms for early termination of a school district’s superintendent. If a school district owes the superintendent more than $50,000, the school board could remove the superintendent but would be required to employ him or her in another position for the remainder of the term of the contract. If the school district owes the superintendent less than $50,000, the school board would have the following options: 1) the board could move the superintendent into another position for the remainder of the contract term; 2) the superintendent would be required to agree to have his or her earnings at a new job offset by the amount paid by the school district that terminated the contract early.

Position: Oppose

Status: Failed to meet legislative deadlines and considered dead for the year

AB 284 Charter schools: petitions

Garrick, R-Carlsbad

This bill would permit the president of a campus of the California State University or the governing board of a community college district to approve a petition for the establishment of a charter school without review by the school board whose jurisdiction would be affected.

Position: Oppose

Status: Failed to meet legislative deadlines and considered dead for the year

AB 267 Education finance districts: taxes

Torlakson, D-Antioch

This bill would allow three or more school districts within a county to form an education finance district for the purpose of raising local revenues. The creation of special finance districts is designed to address tax equity issues for neighboring districts that may have different levels of support for tax increases.

Position: Support

Status: Passed Assembly floor 46-30; now awaiting first hearing in the Senate

Assembly Constitutional Amendment 10 Taxation: Education Finance District: special tax

Torlakson, D-Antioch

This bill would place a measure on the statewide ballot to lower the vote threshold for taxes for an education finance district to a simple majority. This lower vote requirement would not apply to property taxes or sales taxes on the sale of real property. ACA 10 is a companion measure to AB 267 (Torlakson) which would allow the establishment of school finance districts.

Position: Support

Status: Assembly floor

Senate Constitutional Amendment 6 Taxation: educational entities: parcel taxes

Simitian, D-Palo Alto

This bill 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 on their local ballot with a 55 percent threshold, which conforms to the vote threshold for local school bonds.

Position: Support

Status: Senate floor

Other bills

Other bills on which CSBA adopted an oppose position, but which failed to meet legislative deadlines and are now considered two-year bills, are:

AB 10 Public funding: actions

Hagman, R-Chino Hills

AB 173 Low-performing schools

Price, D-Inglewood

AB 284 Charter schools: petitions

Garrick, R-Carlsbad

AB 554 Graduation requirements

Furutani, D-Long Beach

AB 821 School facilities: maintenance

Brownley, D-Santa Monica

AB 972 School district administrative costs

Strickland, R-Camarillo

AB 1124 Special education: due process hearings

Yamada, D-Davis

AB 1127 School facilities: automatic fire sprinkler system

Solorio, D-Santa Ana

AB 1231 Part-time adult school teachers: collective bargaining

Portantino, D-La Canada Flintridge

AB 1267 State teachers’ retirement system: credited service

Eng, D-Monterey Park

AB 1407 Pupil attendance: interdistrict transfers

Huffman, D-San Rafael

AB 1430 Pupil health: licensed nurses

Swanson, D-Oakland

SB 621 Career technical education: individuals with exceptional needs

Florez, D-Shafter

SB 701 Special education: local plans

Correa, D-Santa Ana

Related link:

Find more state legislative news @ www.csba.org/LegislationAndLegal.aspx