Bill Text: CA AB791 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Oakland Unified School District: governance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-07-06 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB791 Detail]

Download: California-2009-AB791-Amended.html

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BILL NUMBER: AB 791	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 26, 2009

    An act relating to pupils.   An act to add
Section 41329.60 to the Education Code, relating to the Oakland
Unified School District. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 791, as amended, Swanson.  Pupils: dropouts. 
 The Oakland Unified School District: governance.  
   (1) Existing law requires the Superintendent of Public Instruction
to assume all the rights, duties, and powers of the governing board
of the Oakland Unified School District and to appoint an
administrator to act on behalf of the Superintendent in exercising
the authority of the Superintendent over the school district. The
authority of the Superintendent and the administrator over the school
district is required to continue until certain enumerated conditions
are met, including the completion of an improvement plan for the
district. Existing law requires the County Office Fiscal Crisis and
Management Assistance Team (FCMAT) to prepare the improvement plan
for the school district, as provided, by July 1, 2003, and requires
the FCMAT to report on the implementation of the plan, as specified.
 
   This bill would require the Superintendent to return the authority
for each operational area to the governing board by January 4, 2010,
according to the recommendation of the most recent FCMAT progress
report.  
   (2) Existing law requires the governing board of the Oakland
Unified School District to serve without compensation as an advisory
body during the period that the Superintendent is exercising
authority over the district.  
   This bill would entitle the members of the governing board to
receive full compensation for services, once authority for one or
more operational areas is returned to the governing board, that they
would have received prior to the transfer of authority to operate the
district to the Superintendent.  
   (3) This bill would declare that due to the unique circumstances
regarding governance of the school district, a general statute cannot
be made applicable.  
   Existing law establishes the pupil retention block grant and
provides that the grant includes funding previously apportioned to
school districts for purposes of various specified programs,
including, among others, dropout prevention and recovery programs, as
specified.  
   This bill would declare the intent of the Legislature to enact
legislation that would authorize community college districts to
receive funds based on average daily attendance to instruct high
school dropouts in programs that lead to an associate's degree or a
high school diploma or General Education Development (GED)
equivalent. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Providing a quality education that meets the unique needs of
Oakland public school pupils is a fundamental goal that should not be
jeopardized. On December 5, 2008, the County Office Fiscal Crisis
and Management Assistance Team (FCMAT) recommended, in its sixth
progress report on the assessment and recovery plan of the Oakland
Unified School District, that the operational areas of pupil
achievement and financial management be returned to the district.
 
   (b) The Oakland Unified School District has been in state
receivership since 2003. During that time new members, constituting a
majority of the board, were elected to the governing board of the
district.  
   (c) State receivership is intended to be a process for recovery,
and FCMAT's comprehensive review has demonstrated tangible progress
by the Oakland Unified School District.  
   (d) The Oakland Unified School District has made notable academic
improvements over the last few years, demonstrated by test score
improvements, an increased number of fully credentialed teachers in
Oakland classrooms, and increased parental and community involvement.
In 2006, the Oakland Unified School District made the largest
improvement in Academic Performance Index (API) test scores among the
33 largest unified school districts in California.  
   (e) The governing board and the community of the Oakland Unified
School District have the will to continue the key educational reforms
that have benefited Oakland public school pupils in the last three
years and to support difficult decisions in order to immediately
eliminate all further overspending by the district.  
   (f) The governing board of the Oakland Unified School District has
voluntarily undergone training in the responsibilities and proper
conduct of a school district governing board. The training began in
January 2007 and was completed in June 2007.  
   (g) In its Sixth Progress Report on the Assessment and Recovery
Plan of the Oakland Unified School District, FCMAT stated as follows:
 
   "In collaboration with the California Department of Education,
FCMAT established the following criteria to measure the district's
progress. When the average score of the subset of standards in an
operational area reaches a level of six and it is considered to be
substantial and sustainable, and no individual standard in the subset
is below a four, FCMAT will recommend to the Superintendent of
Public Instruction (SPI) that this particular condition of SB 39 has
been met and that this operational area could be returned to the
Governing Board." 
   SEC. 2.    It is the intent of the Legislature that
the state administrator appointed pursuant to subdivision (b) of
Section 4 of Chapter 14 of the Statutes of 2003 and the governing
board of the Oakland Unified School District begin the process of a
structured and orderly return of authority over the operational areas
of pupil achievement and fiscal control from the Superintendent of
Public Instruction back to the governing board of the Oakland Unified
School District, pursuant to annual County Office Fiscal Crisis and
Management Assistance Team progress reports and recommendations on
any operational areas that should be returned to the control of the
governing board. 
   SEC. 3.    Section 41329.60 is added to the 
 Education Code   , to read:  
   41329.60.  (a) For purposes of this section, "operational areas"
means the operational areas of community relations and governance,
pupil achievement, personnel management, facilities management, and
fiscal control.
   (b) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the Superintendent shall return authority for each operational
area for which the most recent annual progress report prepared and
submitted by FCMAT recommends the authority be returned to the
governing board by January 4, 2010.
   (c) Notwithstanding any provision of Chapter 14 of the Statutes of
2003, the members of the governing board shall be entitled to
receive the full compensation for services, once authority for one or
more operational areas is returned to the governing board pursuant
to this section, that they would have received prior to the
Superintendent originally assuming authority for all of the
operational areas. 
   SEC. 4.    The Legislature finds and declares that
due to the unique circumstances regarding governance of the Oakland
Unified School District, a general statute cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would authorize community college districts
to receive funds based on average daily attendance to instruct high
school dropouts in programs that lead to an associate's degree or a
high school diploma or General Education Development (GED)
equivalent.