Under the Dome: Positions on new legislation
Published: April 5, 2010
Following is information on newly introduced bills that CSBA’s Legislative Committee, an advisory group that reviews and takes positions on selected legislation consistent with the CSBA Policy Platform, has acted on this year; as of press time, all of these bills were awaiting their first hearings.
AB 1841 Special education: parental consent
Buchanan, D-San Ramon
Newly adopted federal regulations stipulate that if the parent or guardian of a child with a disability makes a written revocation of consent to the child’s individual education plan, the local educational agency shall not continue to provide special education services nor pursue efforts to require IEP services for the child. Further, the public agency will not be considered to be noncompliant with the requirement to provide a free and appropriate public education as provided by the Individuals with Disabilities Act, and will not be required to develop a new IEP for the child. As a condition of receiving more than $1.2 billion in federal funds under the IDEA, California is required to comply with these new federal regulations. The provisions contained in AB 1841 would bring the state into compliance with the federal regulations.
Position: Support and seek an amendment to clarify the definition of “public agency” as the term is used in this legislation
Status: Pending in the Assembly Education Committee
AB 1987 and SB 1425 Public retirement: final compensation: computation: retirees
Hernandez, D-Baldwin Park; Simitian, D-Palo Alto
Currently, the California Public Employee Retirement System and the California State Teachers Retirement System determine pension benefits according to years of service, age and final compensation. In some cases, employees have increased—or “spiked”—their pension benefits by cashing out accrued leave or other benefits in their final year of employment. Many believe spiking is an abuse because in some cases, the employee’s pension has turned out higher than his or her salary while working. AB 1987 and an identical bill, SB 1425, would require the governing boards of the public retirement systems to exclude from calculations of retirement benefits any compensation determined to have been paid for the principal purpose of enhancing those benefits. AB 1987/SB 1425 would also require a break in service of six months before public employers could rehire their retirees; this would address so-called “double-dipping” when retirees return to their previous employment in some capacity while receiving retirement benefits.
Position: Support AB 1987 and SB 1425 if they are amended to provide some flexibility for districts to rehire retirees before six months in special circumstances, such as when the district is having trouble finding qualified candidates
Status: AB 1987 is pending in the Assembly Public Employees, Retirement, and Social Security Committee; SB 1425 is pending in the Senate Public Employment and Retirement Committee
AB 2211 Work-based learning
Fuentes, D-Los Angeles
This bill would authorize school districts that maintain high schools to establish work-based learning programs, and to purchase liability insurance for pupils enrolled in programs of study involving work-based learning off school grounds. In addition, AB 2211 would authorize partnership academies, regional occupational programs, and other educational programs to deliver work-based learning opportunities for pupils that may include work experience education, community classrooms, cooperative career technical education programs and job shadowing experience.
Position: Support
Status: Pending in the Assembly Education Committee
AB 2320 Charter school accountability
Swanson, D-Oakland
The Legislature will consider several bills this year regarding charter school accountability. Among the most comprehensive is AB 2320, sponsored by the California Teachers Association. AB 2320 would require charter petitioners to explain how their program will be innovative and stimulate continual improvements in all public schools, and how they will enroll a student body that is representative of the surrounding community. This measure would also eliminate the authority of the State Board of Education to hear petitions upon appeal, and require charter school board members to follow the same rules regarding conflict of interest as traditional school board members. CSBA supports AB 2320 because it would give local school boards a greater role in deciding whether a charter petition is approved, pursuant to many recommendations in the CSBA Policy Platform. AB 2320 also includes the content of CSBA’s sponsored legislation regarding charter school conflict of interest, AB 572 (Brownley).
Position: Support
Status: Pending in the Assembly Education Committee
AB 2330 California Voting Rights Act of 2001
Arambula, D-Fresno
Over the last few years, dozens of districts and cities, primarily in the San Joaquin Valley area, have received requests to move from at-large to by-trustee elections under the California Voting Rights Act of 2001. The CVRA allows a racial and ethnic group to challenge at-large elections if that method impairs the ability of the protected class to elect candidates of its choice or its ability to influence the outcome of an election. In some cases, despite a willingness to convert to by-trustee systems, school districts and county offices of education are being forced to spend vital resources on attorney fees rather than devoting their limited resources to the classroom and teachers. AB 2330 seeks to establish a clear process for seeking changes to an electoral system while maintaining all the protections in the CVRA. By establishing a process whereby both parties can reach an agreement without filing a lawsuit, the bill would avoid unnecessary legal challenges and save scarce district resources.
Position: Sponsor
Status: Pending in the Assembly Elections and Redistricting Committee
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