December 31, 1997
This is the second in a series of Legislative Updates calling your attention to new legislation affecting school and community college districts. This summary covers legislation pertaining to business matters. Subsequent updates will deal with student and miscellaneous matters. Unless otherwise indicated, legislation became effective January 1, 1998.
ATTENDANCE ACCOUNTING: EXCUSED ABSENCES
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
CHILD CARE AND DEVELOPMENT: FACILITIES
CHILDREN'S INTERNET PROTECTION ACT
CIVIC CENTER ACT: COMMUNITY YOUTH CENTERS
CLASS SIZE REDUCTION: CONSTRUCTION
CLASS SIZE REDUCTION: FUNDING
CLASS SIZE REDUCTION: FUNDING (2)
CLASS SIZE REDUCTION: WAIVERS
CONSTRUCTION: INSPECTORS
FIELD ACT: LEASED COMMERCIAL BUILDINGS
JUDGMENTS: COLLECTION BY PUBLIC AGENCIES
MINIMUM WAGE: PENALTIES
PUBLIC FUNDS: INVESTMENT PROCEDURES
RELOCATABLE BUILDINGS: FIELD ACT WAIVERS
TRANSPORTATION: HOME-TO-SCHOOL
ARCHITECTS' CONTRACTS
Stats. 1997, Chapter 722 (AB 994, Sweeney)
Adds Public Contract Code Section 20103.6.
Note: this provision becomes operative July 1, 1998.
Existing law makes the Local Agency Public Construction Act applicable to school districts.
The new law provides that any request for proposals or invitations for bids for architectural design services in excess of $10,000, must disclose any contract provision that would require the architect to indemnify and hold harmless the agency against any and all liability, whether or not caused by the architect. If the provision is not so disclosed, the district is either (1) precluded from requiring the architect to agree to the provision, or (2) required to cease discussions with the selected architect and reopen the request for proposals or invitation to bid, or (3) mutually agree to an indemnity clause agreeable to both parties.
| Note: These summaries were prepared by Schools Legal Service, Bakersfield, California, and are being used with permission. |
ATTENDANCE ACCOUNTING: EXCUSED ABSENCES
Stats. 1997, Chapter 855 (SB 727, Rosenthal)
Amends, repeals, adds and renumbers various Education Code Sections.
Existing law provides that excused absences may be counted for ADA purposes. Districts and county offices are authorized to apply to have their ADA calculated in a manner that does not include excused absences and makes an adjustment to ADA calculations for that purpose.
The new law, effective July 1, 1998, eliminates excused absences from ADA calculations and repeals the process for the alternative method of counting ADA. The new law renumbers existing Education Code Section 46010.5 as Section 48216.
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.
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 738 (AB 1238, Granlund)
Amends Vehicle Code Sections 12517.3 and 13376.
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.
CHILD CARE AND DEVELOPMENT: FACILITIES
Stats. 1997, Chapter 362 (AB 300, Escutia)
Amends Education Code Sections 8477 and 8495, adds Section 8495.1 and repeals
Sections 8478 and 8478.5.
Existing law establishes priorities for the funding by the State Allocation Board of grants for child care and development facilities.
The new law repeals these priorities and establishes, instead, the following order: (1) programs experiencing emergencies; (2) replacement of facilities lost due to class size reduction, and (3) applicants for expansion of child care services.
Note: this is an urgency statute.
CHILDREN'S INTERNET PROTECTION ACT
Stats. 1997, Chapter 86 (AB 132, Campbell)
Amends Education Code Section 48980.
1. The new law adds Education Code Section 51870.5. It provides: "A school district that provides pupils with access to the Internet or an on-line service shall adopt a policy regarding access by pupils to the Internet and on-line sites that contain and makes references to harmful matter" as defined by Penal Code Section 313(a) (which regulates obscenity).
2. The required notices which must be issued to parents and guardians at the beginning of the school year "shall include a copy of the written policy of the school district . . . regarding access by pupils to the Internet and on-line sites."
CIVIC CENTER ACT: COMMUNITY YOUTH CENTERS
Stats. 1997, Chapter 41 (AB 485, Papan)
Amends Education Code Section 38131
Existing law permits a school board to grant use of school facilities and grounds for certain civic center purposes.
The new law adds, to the purposes for which such use may be granted, "a community youth center."
CLASS SIZE REDUCTION: CONSTRUCTION
Stats. 1997, Chapter 827 (AB 670, Mazzoni)
Amends Education Code Sections 41862, 44757.4 and 44759.5 and adds Section
17203.5.
Existing law requires that districts that do not qualify for class size reduction funding identify by grade level all available teaching stations serving K-4.
The new law provides that, for 1997-98 only, districts must identify teaching stations serving K-6. Also, for 1997-98 only, districts are not required to count teaching stations at school sites leased to outside agencies prior to July 1, 1996.
CLASS SIZE REDUCTION: FUNDING
Stats. 1997, Chapter 656 (SB 66, Greene)
Repeals Education Code Sections 17770 and following and adds Sections 17200-17207.
The new law, while appropriating funds for class size reduction, provides that in order to qualify for funds reappropriated from 1996-97, a district must have had an application on file or must file a new or amended application by a date to be specified by the State Superintendent of Public Instruction, and limits any new or amended application to new classes established during 1996-97 for class size reduction.
CLASS SIZE REDUCTION: FUNDING
Stats. 1997, Chapter 298 (SB 804, O'Connell)
Amends Education Code Sections 52122, 52122.5, 52123, 52124 and 52126 and
adds Sections 52122.1 and 52124.5.
Existing law contains provisions for the Class Size Reduction Program.
The new law increases the amount to be apportioned for Option One from $650 to $800 per pupil, and for Option Two from $325 to $400. Exceptions to the required teacher-pupil ratios are eliminated for any year following 1997-98.
The new law authorizes a school district to implement a program to reduce class size in three grade levels at a schoolsite that exclusively enrolls pupils in grades K-2 and, in addition, to reduce class size in grade 3 at a schoolsite that exclusively enrolls pupils in grades 3-5.
The new law changes the application deadline for 1997-98 and subsequent years to 90 days following chaptering of the annual Budget Act. It also prohibits state agencies from reducing apportionments under the Class Size Reduction Program or Class Size Reduction Facilities Program during 1996-97 or 1997-98 if the only reason is an audit finding that one or more classes had an annual ADA in excess of 20, as specified.
Note: this is an urgency statute.
CLASS SIZE REDUCTION: WAIVERS
Stats. 1997, Chapter 285 (AB 751, Escutia)
Adds Education Code Sections 52122.6 to 52122.8.
The new law authorizes the State Board of Education to grant waivers to districts that cannot provide facilities for class size reduction, requires a comprehensive plan to mitigate the facilities impact, and permits such districts to receive Option One funding.
Note: this is an urgency statute.
CONSTRUCTION: INSPECTORS
Stats. 1997, Chapter 683 (AB 1537, Machado)
Amends Education Code section 17311
Existing law requires school districts to provide for continuous inspection during construction or alteration of school facilities.
The new law requires the Department of General Services (DGS) to evaluate and provide training for inspectors, for which the inspectors may be charged. The school board shall determine whether the inspector shall operate under the direction of the board and architect or structural engineer. The inspector shall be responsible to the board for employment purposes and to DGS for enforcement of plans and specifications.
FIELD ACT: LEASED COMMERCIAL BUILDINGS
Stats. 1997, Chapter 629 (AB 865, Pringle)
Amends Education Code Section 17285.
Existing law prohibits the use of non-Field Act buildings after September 1, 1990 and imposes liability on school board members for such use.
The new law permits a school district to lease a commercial building prior to January 1, 2003, even if it does not comply with the Field Act, if the board finds that it meets certain standards for commercial buildings applicable on or after January 1, 1990, and other requirements are met. For buildings leased in accordance with this law, board members shall not have personal liability but the district itself may be liable.
JUDGMENTS: COLLECTION BY PUBLIC AGENCIES
Stats. 1997, Chapter 66 (SB 98, Haynes)
Amends Government Code Section 6103.5.
Existing law provides for collection of the filling fee for judgments in favor of a public agency in specified matters.
The new law provides that, if the judgment is only in the amount of the filling fee, the public agency may exercise its discretion not to collect, and notify the court clerk.
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.
PREVAILING WAGE
Stats. 1997, Chapter 757 (SB 1328, Brulte)
Amends Labor Code Sections 1775 and 1776 and adds Section 1813.
Existing law requires payment of prevailing wages to all workers employed on public works projects and imposes a fine on the contractor for violations.
The new law imposes fines on subcontractors who do not pay prevailing wage and provides that the general contractor shall not be liable unless he had knowledge of the failure of the subcontractor to comply or failed to perform duties specified in the law.
PUBLIC FUNDS: INVESTMENT PROCEDURES
Stats. 1997, Chapter 204 (SB 1287, Calderon)
Amends Government Code Sections 53356.3 and 53684.
Under the Mello-Roos Community Facilities Act of 1982, proceeds of bonds, notes and other issued securities must be invested as specified.
The new law allows these funds to be invested as required for the local agency that formed the facilities district.
Existing law permits a local agency treasurer or other official to withdraw funds from the county treasury pool on 30 days' notice.
The new law deletes this authority and requires, instead, that the county treasurer evaluate each proposed withdrawal and approve it if it will not adversely affect the interests of other depositors.
RECYCLED WATER
Stats. 1997, Chapter 149 (AB 1522, Thomson)
Amends Water Code Sections 13553 and 13554.
Existing law declares that, under certain circumstances, use of potable water in toilets is a waste or unreasonable use of water.
The new law defines the structures to which this determination applies; schools are included in the list.
RELOCATABLE BUILDINGS: FIELD ACT WAIVERS
Stats. 1997, Chapter 320 (SB 708, Greene)
Amends Education Code Sections 17291 and 17405 and repeals Sections 17290,
17405, 39141.10 and 39304.5.
Existing law permits the State Allocation Board to grant waivers of Field Act provisions through September 30, 1997.
The new law requires Field Act compliance for relocatable buildings owned or leased prior to September 30, 1997 and for which no waiver is granted before September 30, 1997, as well as for relocatable buildings purchased or leased on or after September 30, 1997. Any waiver granted by the State Allocation Board and in effect on September 29, 1997 is extended to September 30, 2000.
This bill is operative September 30, 1997.
Note: this is an urgency statute.
SCHOOL BUS SAFETY
Stats. 1997, Chapter 739 (AB 1297, Morrow)
Adds Education Code Section 39831.3 and amends Vehicle Code Section 22112.
Existing law requires the State Board of Education to adopt regulations relating to use of school buses and the CHP to adopt regulations relating to school bus safety.
The new law requires county superintendents, district superintendents, and private schools to prepare a transportation safety plan.
Existing law requires the driver of a school bus to operate flashing red lights and a stop signal arm when a bus is stopped to load or unload pupils who must cross a highway or private road. Districts may designated selected stops where red lights must flash even though no pupils cross the roadway.
The new law requires red flashing lights whenever a bus is stopped for loading or unloading. Districts, in consultation with the CHP, may identify stops where no red signal lights and stop signal arm will be used, based on a "unique traffic hazard due to roadway design or proximity to an intersection, or where special education pupils are boarding or pupils may require assistance to board or unload the school bus or school pupil activity bus."
SCHOOL CONSTRUCTION
Stats. 1997, Chapter 390 (AB 611, Villaraigosa)
Amends Education Code Sections 17280, 17295, 81130 and 81133 and Public
Contract Code Section 20111.5.
Existing law requires the Department of General Services to approve alterations of school buildings estimated to cost in excess of $20,000. The new law increases this amount to $25,000.
Existing law requires the Department to review and approve a report of a structural engineer for alterations with a cost estimate exceeding $20,000. The new law applies to such reports for alterations, additions or reconstructions estimated to cost more than $25,000 but not more than $100,000. New conditions are applied to projects where the structural engineer reports that these activities do not involve structural elements.
Existing law permits districts to prequalify bidders. The new law permits a district to establish a quarterly process and to authorize prequalification for up to one calendar year from the date of prequalification.
Note: this is an urgency statute.
SELF-INSURANCE PROGRAMS
Stats. 1997, Chapter 131 (SB 1153, Johnson)
Amends Section 990.8 and adds Section 6512.2 to the Government Code.
Stats. 1997, Chapter 204 (SB 1287, Calderon)
Amends Government Code Sections 53356.03 and 53684.
Existing law authorizes public entities to enter into joint powers agreements for self-insurance.
The new law authorizes such agreements to provide that a party is not entitled to a return of premiums, contributions, payments or advances with respect to a risk for which the pool has been liable for any period, however short. This provision does not apply to any lawsuits filed on or before May 2, 1994.
TRANSPORTATION: HOME-TO-SCHOOL
Stats. 1997, Chapter 826 (AB 1346, Olberg)
Amends Education Code Sections 41862 and 41863.
The new law provides that, for 1996-97, unallocated home-to-school funds shall be allocated 50% for that purpose and 50% for supplemental allowances for districts where at least 33% of students receive home-to-school transportation services.
In a related provision in Chapter 827, allocation for supplemental allowances may be increased to 115% of the statewide average cost per mile due to weather-related or terrain-related conditions.