December 31, 1997
This is the first in a series of four Legislative Updates calling your attention to new legislation affecting school and community college districts. This summary covers legislation pertaining to personnel and employment matters. Unless otherwise indicated, legislation became effective on January 1, 1998.
BROWN ACT: NOTICE OF TIME AND PLACE FOR MEETING
BROWN ACT: NOTICE OF SPECIAL MEETINGS
BROWN ACT: PUBLIC ACCESS TO AGENDAS AND AGENDA PACKETS
BROWN ACT: TAKING ACTION ON ITEMS NOT ON THE AGENDA
BROWN ACT: TELECONFERENCING
CERTIFICATED EMPLOYEES: BEGINNING TEACHERS
CERTIFICATED EMPLOYEES: PRE-INTERNSHIP PROGRAM
CERTIFICATED EMPLOYEES: TENURE FOR DISTRICT INTERNS
CHILD ABUSE REPORTING: SEXUAL ASSAULT
COMMUNITY COLLEGES: PART-TIME FACULTY OFFICE HOURS
CONFLICT OF INTEREST: PERSONAL LOANS
CREDENTIALS: COMPUTER COMPETENCY
ELECTIONS: CORRUPT PRACTICES
EMPLOYEES: ABSENCES FOR DAY CARE ACTIVITIES
EMPLOYEES: FINGERPRINTING
EMPLOYMENT OF RETIRED TEACHERS
LIMITATION ON EMERGENCY TEACHING PERMITS
MINIMUM WAGE: PENALTIES
BREASTFEEDING
Stats. 1997, Chapter 59 (AB 157, Villaraigosa)
Adds Civic Code Section 43.3.
The new law provides that a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and child are otherwise authorized to be present.
BROWN ACT: NOTICE OF TIME AND PLACE FOR MEETING
Stats. 1997, Chapter 253 (SB 138, Kopp)
Amends Government Code Section 54954(a).
The board must adopt a time and place for holding regular meetings. The new law exempts "advisory committees and standing committees" from these requirements.
| Note: These summaries were prepared by Schools Legal Service, Bakersfield, California, and are being used with permission. |
BROWN ACT: NOTICE OF SPECIAL MEETINGS
Stats. 1997, Chapter 253 (SB 138, Kopp)
Amends Government Code Section 54956.
A special meeting may be called at any time, delivering notice personally or by mail to each member and to any local media which have made written request for such notice. The new law authorizes notice for a special meeting to be delivered either personally or "by any other means" to the designated recipients. Government Code Section 54956.
BROWN ACT: PUBLIC ACCESS TO AGENDAS AND AGENDA PACKETS
Stats. 1997, Chapter 253 (SB 138, Kopp)
Amends Government Code Section 54954.1.
The current law provides that notice of meetings must be mailed to any person who has made a standing written request (good for one year, renewable if request is filed within 90 days after January 1, at least one week prior to a meeting).
The new law significantly modifies Section 54954.1. It provides: "Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet . . . be mailed to that person." (Emphasis supplied.) It also provides: "Upon receipt of the written request," the board or its designee (who will be the superintendent, in most instances) "shall cause the requested materials to be mailed at the time the agenda is posted . . . or upon the distribution to all, or a majority of all, of the [trustees], whichever comes first."
As before, the request "shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year." The board "may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service."
Finally, the "[f]ailure of the requesting person to receive the agenda or agenda packet . . . shall not constitute grounds for invalidation" of actions by the board "taken at the meeting for which the agenda or agenda packet was not received." This limitation on relief may not limit other forms of relief available under the Brown Act, which include declaratory and injunctive relief.
BROWN ACT: TAKING ACTION ON ITEMS NOT ON THE AGENDA
Stats. 1997, 253 (SB 138, Kopp)
Amends Government Code Section 54954.2(b)(2).
Government Code Section 54954.2(b)(2) provides that in exceptional cases action may be taken on items not on the posted agenda. One such exception relates to emergencies. For non-emergency situations, the board may take action, even when there is no agenda item, if two-thirds of the entire board (not just of the quorum), or if less than two-third's are present, all of those present, determine certain facts. The necessary number of members must then determine (a) there is a need to act immediately, and (b) the need for action came to the district's (not just the board's) attention after the agenda was posted.
The new law changes the two-third's requirement. Now, action is permitted "[u]pon a determination by a two-third's vote of the [trustees] present at the meeting," instead of the entire board. Alternatively, action is permitted (as before) "if less than two-third's of the members are present, a unanimous vote of those members present."
BROWN ACT: TELECONFERENCING
Stats. 1997, Chapter 253 (SB 138, Kopp)
Amends Government Code Section 54953.3.
Board meetings must be open and public and all interested persons must be permitted to attend. Under current law, "use of video teleconferencing . . . shall be limited to the receipt of public comment or testimony" by the board "and to deliberations" by the board. The new law amends Government Code Section 54953.3, relating to teleconferencing. It establishes a new statutory term, "teleconferencing," which is defined as "a meeting of individuals in different locations, who are connected by electronic means, through either audio or video, or both."
The new law authorizes use of teleconferencing at meetings. Previously, Government Code Section 54953(b)(1) provided that the board "may use video teleconferencing for the benefit of the public or the [board] in connection with any meeting or proceeding authorized by law." The new law modifies the statute to add this language: "The teleconferenced meeting or proceeding shall comply with all requirements of this chapter [e.g., the Brown Act] and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding."
Previously, Government Code Section 54953(b)(2) provided that the use of video teleconferencing "shall be limited to the receipt of public comment or testimony by the legislative body and to deliberations of the legislative body." The new version of Government Code Section 54953(b)(2) authorizes teleconferenced meetings: "Teleconferencing . . . may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call."
It is true that the new law does not modify Government Code Section 54952.2(a)(1), which defines a "meeting" to include "any congregation of a majority of members of the legislative body at the same time and place to hear, discuss, or deliberate . . . ." (Emphasis supplied.) Government Code Section 54952.2(b), however also provides: "Except as authorized by Section 54953 [the teleconferencing statute], any use of direct communication . . . or technological devices that is employed by a majority of [the trustees] to develop a collective concurrence as to action to be taken . . . is prohibited." (Emphasis supplied.)
The new law also establishes notice and public access requirements for teleconferencing. The board must "post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before "the board." This language apparently is a cross-reference to Government Code Section 54957.5 and Government Code Section 54953.5, permitting a member of the public to record the meeting. The new law provides: "Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public." Also, the agenda shall provide an opportunity to members of the public to address the legislative body directly, pursuant to the public comment requirements, "at each teleconference location."
BUS DRIVER LICENSES
Stats. 1997, Chapter 253 (SB 138, Kopp)
Amends Government Code Section 54953.3.
Existing law requires applicants for certain bus driver licenses, including school buses and pupil activity buses, to be fingerprinted by the CHP.
The new law requires the Department of Justice to process these prints within 15 working days. It also requires that an application be denied, or a license revoked, for positive drug tests, except in certain circumstances.
CERTIFICATED EMPLOYEES: BEGINNING TEACHERS
Stats. 1997, Chapter 937 (AB 1266, Mazzoni)
Amends and adds various Education Code Sections.
Existing law provides for a Beginning Teacher Support and Assessment Program administered by the Commission on Teacher Credentialing and the State Superintendent of Public Instruction.
The new law redesignates the Program as a System, strengthens it and provides that, on a voluntary basis, districts, county offices and teachers may participate. It provides funding in the amount of $3000 per beginning teacher for those districts that elect to participate, provided the district contributes at least $2000 for each beginning teacher from funds allocated for the Mentor Teacher program.
CERTIFICATED EMPLOYEES: PRE-INTERNSHIP PROGRAM
Stats. 1997, Chapter 934 (AB 351, Scott)
Amends Education Code Section 44300 and adds Sections 44305 and following.
Existing law permits the issuance of emergency credentials and district intern certificates.
The new law establishes the Pre-Internship Teaching Program and authorizes the issuance of a pre-intern teaching credential instead of an emergency credential in certain cases.
CERTIFICATED EMPLOYEES: TENURE FOR DISTRICT INTERNS
Stats. 1997, Chapter 138 (AB 552, Leach)
Amends Education Code Section 44466.
Current law authorizes the governing board of any school district to employ district interns to serve as classroom teachers. Interns do not hold credentials. Current law prohibits an intern from acquiring permanent status while serving on an internship credential but requires each year of service as an intern to count toward the achievement of tenure.
The new law provides that the probationary period begins after completion of the teaching internship program: "A person who, after completing a teaching internship program . . . is employed for at least one complete school year in a position requiring certification qualifications . . . and is reelected for the next succeeding school year to a position . . . shall, at the commencement of the succeeding school year, acquire tenure."
Note: this is an urgency statute.
CHILD ABUSE REPORTING: SEXUAL ASSAULT
Stats. 1997, Chapter 83 (AB 327, Havice)
Amends Penal Code Section 11165.1.
Existing law defines reportable sexual abuse to include sexual assault.
The new law adds to the definition of sexual assault unlawful sexual intercourse with a child under the age of 16 when the perpetrator is over the age of 21 and lewd and lascivious acts with a child of 14 or 15 years of age when the perpetrator is more than 10 years older than the victim.
COMMUNITY COLLEGES: PART-TIME FACULTY OFFICE HOURS
Stats. 1997, Chapter 933 (AB 301, Cunneen)
Adds Education Code Sections 87880-87885.
Existing law permits community colleges to establish regulations allowing full-time faculty to reduce their work load to part-time duties.
The new law authorizes districts to pay part-time faculty for one office hour for every two or more classes taught per week, and provides for state funding of 50% of the costs.
CONFLICT OF INTEREST: PERSONAL LOANS
Stats. 1997, Chapter 638 (AB 627, Scott)
Amends Government Code Section 87207 and adds Sections 87460 and following.
Existing law limits the ability of public officials to receive personal loans and requires that they be reported, in specified cases.
The new law provides that elected public officials and those required to file statements of economic interests may not, while in office, receive personal loans from any public officer, employee, member or consultant of the governmental agency over which they have jurisdiction, or from any person who has a contract with that governmental agency. Loans from contractors such as banks and credit card companies are excluded. The new law does not apply to persons whose duties are solely secretarial, clerical or manual.
The prohibition does not apply to loans to campaign committees; loans made by certain relatives (provided they are not acting as intermediaries for persons who are prohibited from making loans); loans of less than $250 in the aggregate; or loans made or offered before January 1, 1998.
Personal loans not otherwise excluded must be in writing, with all terms disclosed, if they are for $500 or more. Certain loans that are uncollectible are defined as gifts and are subject to the statutory limits on the receipt of gifts.
CREDENTIALS: COMPUTER COMPETENCY
Stats. 1997, Chapter 404 (AB 1023, Mazzoni)
Amends Education Code Section 44259.
Existing law prescribes minimum requirements for preliminary teaching credentials. The new law adds, commencing January 1, 2000, demonstrated basic competency in the use of computers in the classroom.
ELECTIONS: CORRUPT PRACTICES
Stats. 1997, Chapter 206 (SB 949, Schiff)
Adds Government Code Section 3205.5.
Existing law prohibits persons holding or seeking government office or employment from engaging in certain corrupt practices.
The new law adds a prohibition against offering or arranging to increase the compensation of a state or local employee in return for a contribution or loan to a committee controlled by the person holding or seeking office.
EMPLOYEES: ABSENCES FOR DAY CARE ACTIVITIES
Stats. 1997, Chapter 157 (AB 47, Murray)
Amends Labor Code Section 230.8.
Existing law prohibits an employer of 25 or more persons at the same location from discharging or discriminating against an employee who, as a parent, guardian or custodial
grandparent of a child in grades K-12, takes off up to 40 hours per school year to participate in school activities, up to eight hours per month.The new law extends this protection to persons whose children attend a licensed child day care facility.
EMPLOYEES: FINGERPRINTING
Stats. 1997, Chapter 588 (AB 1610, Ortiz)
Amends Education Code Sections 44237 and 45125 and adds Section 45125.1.
Existing law requires that classified employees be fingerprinted on hiring and that the Department of Justice (DOJ) provide a criminal history report (rap sheet) to the employing school district. Employees hired in substitute and temporary positions lasting less than one year may be exempted.
The new law (the Michelle Montoya School Safety Act) provides that no new classified employee may be hired until the employee is first fingerprinted and a rap sheet is returned to the school district. The exemption for substitute and temporary employees has been eliminated. Only secondary school students employed in a temporary or part-time position by the board of the district having jurisdiction over the student's school of attendance are exempted. No person may be hired who has been convicted of a serious or violent felony. This implies that employees hired under the previous exemption and not fingerprinted must now be fingerprinted. These requirements will also now apply to noncredentialed employees of private schools.
The new law provides that no employee of an entity providing certain contracted services to school districts may come into contact with pupils if he or she has been convicted of a serious or violent felony. These employees must be fingerprinted. The employer entity must certify to the school district that employees assigned under the contract have not been convicted of a serious or violent felony, and must provide a list of assigned employees to a school district, which shall provide relevant names to schools within the district.
Note: this is an urgency statute.
EMPLOYEES: FINGERPRINTING
Stats. 1997, Chapter 589 (AB 1612, Melby)
Adds Education Code Sections 44332.6, 44346.1, 44830.1 and 45122.1.
Existing law permits a county office of education to issue a temporary certificate to persons whose applications for credentials are being processed by the Commission on Teacher Credentialing.
The new law provides that the county office cannot issue a temporary certificate until the applicant has been fingerprinted and it has been ascertained from the rap sheet that the applicant has not been convicted of a serious or violent felony.
The new law provides that no certificated person who has been convicted of a serious or violent felony may be employed. This implies that these persons must be fingerprinted before hiring.
The new law also provides that no current, nonpermanent certificated or classified employee may be retained who has been convicted of a serious or violent felony. This implies that these employees must now be fingerprinted. There is no provision in the law regarding permanent employees, although a school district providing services to another district may be required by AB 1610 (Chapter 588) to certify that employees assigned to provide those services have not been convicted of serious or violent felonies. If the Department of Justice (DOJ) reports that a nonpermanent employee has such a record of conviction, the district (upon receipt of telephonic information from DOJ) must immediately place the employee on unpaid leave of absence. Upon receipt of a confirming rap sheet, the district must immediately dismiss the employee without regard to any other requirements of law or district procedures. The new law prohibits the Commission on Teacher Credentialing from issuing a credential to any applicant who has been convicted of a serious or violent felony.
Note: this is an urgency statute.
EMPLOYMENT OF RETIRED TEACHERS
Stats. 1997, Chapter 1 (AB 18, Mazzoni)
Adds Education Code Section 24216.5.
Legislation enacted in 1995 provides that retired teachers may not earn more than $15,000 (subject to an annual adjustment for inflation) from school employment, while receiving a full retirement allowance from STRS. The new law allows a retired teacher to earn full salary while still receiving the full retirement allowance.
The retired teacher can enter such an employment contract only if (1) "[t]he employment is necessary to meet the objectives of the Class Size Reduction Program," and (2) "All members retired for service whose employment with a school district meets the conditions specified in this section are treated as a distinct class of temporary employees within the existing bargaining agreement."
The new statute also provides: "The rate of pay for service performed by this class of employees shall be the rate established by [Education Code Section 24214(b)] and agreed to in the collective bargaining agreement between the employer and the exclusive representative . . . ." The cross-referenced statute, Section 24214(b) provides: "The rate of pay for service performed by [a retirant] shall not be less than the minimum, nor exceed that paid by the employer, to other employees performing comparable duties."
This option is not available "for service performed for a county office of education or a community college district."
Note: this statute is an anomaly--it repeals a 1996 statute that was chaptered but never took effect. This legislation was originally enacted in 1996, Stats. 1996, Chapter 948 (AB 1068)--but Section 7 of the 1996 legislation provided that it would not become operative unless another bill was also chaptered. Since that companion bill was not chaptered, the 1996 legislation did not become operative, because of Section 7. The first chapter of the 1997 legislation repealed Section 7--with the effect that the bill originally enacted in 1996 finally became law.
Note: this is an urgency statute.
LIMITATION ON EMERGENCY TEACHING PERMITS
Stats. 1997, Chapter 344 (SB 674, Thompson)
Amends Education Code Sections 44251 and 44300.
This new legislation limits the use of emergency teaching credentials. "For an emergency permit issued prior to January 1, 1998, that is in effect on or after January 1, 1998, that emergency permit may be reissued for additional one-year periods, as the commission may determine, not to exceed a total of five one-year reissue periods. For an emergency permit issued on or after January 1, 1998, the emergency permit may be reissued for additional one-year periods, as the commission may determine, not to exceed a total of four one-year reissue periods."
Note: A study by the Legislative Analyst's office revealed that 24% of the teachers employed under the Class Size Reduction Program hold emergency permits.
MINIMUM WAGE: PENALTIES
Stats. 1997, Chapter 35 (AB 1448, Committee on Labor and Employment)
Amends Labor Code Section 1197.1.
Existing law imposes penalties for violation of state minimum wage provisions.
The new law increases civil penalties for subsequent offenses from $100 to $250.
MISCELLANEOUS PROVISIONS
Stats. 1997, Chapter 825 (AB 287, Honda)
Amends, repeals and adds various Education Code and Government Code Sections
Annually, the California Department of Education recommends various changes to the Education Code, most of which are nonsubstantive in nature. Among the changes enacted this year are:
1. Waivers. The new law excludes, from the categories of provisions that can be waived by the State Board of Education, those provisions that relate to teacher credentialing.
2. Deferred Maintenance. Existing law requires the State Allocation Board to allocate Deferred Maintenance Funds on the basis of a percentage of a district's total expenditures for capital outlay. The new law bases the allocation on total expenditures and ending balances for capital outlay.
3. Special Day Class ADA. The new law includes days of attendance in special day classes in the computation of ADA.
4. Community Day School Teacher Assignment. Existing law permits assignment of teachers, with their consent, to home teaching and special day classes. The new law also permits such assignments to community day schools.
5. Community Day School Sites. Existing law prohibits the location of community day schools on regular school campuses, with exceptions. The new law permits certain school districts to locate a community day school serving grades 7 to 9 on a regular school site.
6. Free and Reduced Lunches and Child Nutrition Programs. The new law redefines "needy" for purposes of qualifying for free and reduced lunches and redefines "nutritionally adequate breakfast and lunch."
7. Federalist Papers. Existing law requires that high school students read specified documents in government and civics classes, including the Federalist Papers. The new law requires only that substantive selections from the Federalist Papers be read.
8. Independent Study Teacher Credentials. Existing law requires that independent study teachers have certain credentials. The new law permits a teacher with an emergency credential to serve in this capacity.
9. Report on Investments. Existing law requires the treasurer or chief fiscal officer of local agencies, including school districts, to report quarterly on securities, investments, and moneys held. The new law excludes, from this reporting requirement, holdings in individual accounts of less than $25,000.
Note: this is an urgency statute.
OUT-OF-STATE TEACHERS
Stats. 1997, Chapter 628 (AB 838, Pacheco)
Adds Education Code Sections 44205 and 44205.5.
Existing law provides a system for the issuance of teacher credentials.
The new law provides that, notwithstanding any other provisions of law, school districts may employ a teacher credentialed in another state provided certain requirements are met, and the Commission on Teacher Credentialing is required to issue to these teachers a five-year preliminary credential if they have received an offer of employment from a public or private school entity in California.
The requirements are: (1) holding a valid out-of-state credential; (2) that credential meets California requirements; and (3) the teacher, before hiring, has undergone a criminal background check under Education Code Section 44332.6.
PARAPROFESSIONAL TEACHER TRAINING
Stats. 1997, Chapter 831 (AB 353, Wildman)
Amends and renumbers Education Code Section 69619.1 and adds Sections 44931
and 44932.
Existing law establishes a program to recruit paraprofessionals to enroll in teacher training programs. The program is limited to 12 or more districts and county offices with classified staffs of 300 or more and requires that at least 40% of an entity's paraprofessionals be members of racial or ethnic minorities.
The new law expands the program to 24 or more agencies, eliminates the requirement of 300 or more classified employees, and eliminates the required percentage of racial or ethnic minorities.
RETIREMENT
Stats. 1997, Chapter 386 (SB 629, Karnette)
Amends various Education and Government Code Sections.
Existing law allows STRS members to receive alternative disability benefits in certain circumstances with less than four years of service. These benefits are extended by the new law to employees with less than five years of service if their disabilities were caused by unlawful acts of bodily harm against them in the performance of their duties.
Existing law allows increased death benefits on behalf of certain PERS members whose deaths arose in the course of their official duties. The new law extends these benefits on behalf of school members.
STAFF DEVELOPMENT DAYS
Stats. 1997, Chapter 296 (AB 1579, Strom-Martin)
Stats. 1997, Chapter 929 (SB 85, Peace)
Amend Education Code Sections 48980 and add Sections 44579 and following.
Existing law authorizes districts to offer up to eight days of staff development during the school year.
The new law provides that, to the extent funds are provided in the Budget Act, the State Superintendent of Public Instruction shall provide to each district an allowance of $220 per day for each certificated employee who participates in staff development in academic content and instructional methods in core curricular areas provided by the district. Conditions for eligibility include day-for-day reduction in staff development days permitted under other statutes and a requirement that staff development days held within the 180-day instructional period (or an equivalent period for year-round schools) be conducted only on entering or existing a regularly scheduled break or at the beginning or end of the academic year. The State Superintendent is required to develop implementing regulations.
The new law also requires the annual notice to parents to advise of scheduled minimum days and pupil- free staff development days and notice of later-scheduled days shall be given at least one month before they occur.
These provisions take effect July 1, 1998.
Note: this is an urgency statute.