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AB-2396 Local government: local educational agencies: ethics and governance training.(2019-2020)

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Date Published: 02/18/2020 09:00 PM
AB2396:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2396


Introduced by Assembly Member O’Donnell

February 18, 2020


An act to add Article 6.5 (commencing with Section 35220) to Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code, and to amend Sections 53234 and 53235.1 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2396, as introduced, O’Donnell. Local government: local educational agencies: ethics and governance training.
(1) Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law defines “local agency,” for these purposes, to mean a city, county, city and county, charter city, charter county, charter city and county, or special district. Existing law also defines “local agency official” to include members of local agency legislative bodies or elected local agency officials who receive any type of compensation, salary, or stipend or reimbursement in the performance of official duties, as specified.
This bill would include a school district, county office of education, and charter school in the definition of “local agency.” The bill would include in the definition of “local agency official” any member of a governing board of a school district, a county board of education, or the governing body of a charter school, whether or not that member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. The bill would also require local agency officials who serve a school district, county office of education, or charter school as of January 1, 2022, to receive the ethics training required by specified law before January 1, 2023, and at least every 2 years thereafter, except as specified.
This bill would also require all local educational agency officials, as defined to include any member of a governing board of a school district, a county board of education, or the governing body of a charter school, to receive training in K–12 public education governance laws, as defined, at least once every 4 years. The bill would authorize a local educational agency or an association of local educational agencies to offer these training courses or to arrange for its officials to receive this training from an outside entity, as specified. The bill would require local educational agencies to maintain specified records related to any ethics training they require of their officials.
By imposing new duties on school districts, county offices of education, and charter schools, the bill would constitute a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6.5 (commencing with Section 35220) is added to Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code, to read:
Article  6.5. Training

35220.
 For purposes of this article, the following terms have the following meanings:
(a) “K–12 public education governance laws” include, but are not necessarily limited to, all of the following:
(1) Open meeting laws, including the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(2) Public education school finance laws, including, but not necessarily limited to, laws related to the creation and approval of a local educational agency budget.
(3) Laws related to personnel and employees, including, but not necessarily limited to, Part 24 (commencing with Section 41000).
(4) Public school accountability laws related to pupil learning and achievement, including, but not necessarily limited to, Chapter 6.1 (commencing with Section 52050) of Part 28 of Division 4.
(b) “Local educational agency” means a school district, county office of education, or charter school.
(c) “Local educational agency official” means either of the following:
(1) Any member of the governing board of a school district or of a county board of education.
(2) Any member of the governing body of a charter school.

35221.
 (a) Each local educational agency official shall receive training in K–12 public education governance laws pursuant to this article.
(b) If an entity develops a curriculum to satisfy the requirements of this section, the Superintendent shall be consulted regarding the sufficiency and accuracy of any proposed course content. When reviewing any proposed course content, the Superintendent shall allow an entity to also include local ethics policies in the curriculum.
(c) A local educational agency or an association of local educational agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(d) A provider of a training course that meets the requirements of this article shall provide participants with proof of participation to comply with Section 35222.
(e) A local educational agency shall provide information to its officials at least annually on training available to meet the requirements of this article.

35222.
 (a) A local educational agency shall maintain records showing both of the following:
(1) The dates on which each local educational official satisfied the requirements of this article.
(2) The entity that provided the training to the local educational agency official.
(b) Notwithstanding any other law, a local educational agency shall maintain the records required by this section for at least five years after a local educational agency official receives the training. These records are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

35223.
 (a) Each local educational agency official in local educational agency service as of January 1, 2022, except for officials whose term of office ends before January 1, 2023, shall receive the training required by subdivision (a) of Section 35221 before January 1, 2023. Thereafter, each local educational agency official shall receive the training required by subdivision (a) of Section 35221 at least once every four years.
(b) Each local educational agency official who commences service with a local educational agency on or after January 1, 2022, shall receive the training required by subdivision (a) of Section 35221 no later than one year from the first day of service with the local educational agency. Thereafter, each local educational agency official shall receive the training required by subdivision (a) of Section 35221 at least once every four years.

SEC. 2.

 Section 53234 of the Government Code is amended to read:

53234.
 For the purposes of this article, the following terms have the following meanings:
(a) “Legislative body” has the same meaning as specified in Section 54952.
(b) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, school district, county office of education, charter school, or special district.
(c) “Local agency official” means any of the following:
(1) Any member of a local agency legislative body or any elected local agency official who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(2) Any employee designated by a local agency governing body to receive the training specified under this article.
(3) Any member of a governing board of a school district, a county board of education, or the governing body of a charter school, whether or not that member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(d) “Ethics laws” include, but are not limited to, the following:
(1) Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws.
(2) Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies.
(3) Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws.
(4) Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members.

SEC. 3.

 Section 53235.1 of the Government Code is amended to read:

53235.1.
 (a) Each local agency official in local agency service as of January 1, 2006, except for officials whose term of office ends before January 9, 2007, shall receive the training required by subdivision (a) of Section 53235 before January 1, 2007. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(b) In the case of a school district, county board of education, or charter school, each local agency official in local agency service as of January 1, 2022, except for officials whose term of office ends before January 1, 2023, shall receive the training required by subdivision (a) of Section 53235 before January 1, 2023. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.

(b)

(c) Each local agency official who commences service with a local agency on or after January 1, 2006, shall receive the training required by subdivision (a) of Section 53235 no later than one year from the first day of service with the local agency. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.

(c)

(d) A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies with which he or she the official serves.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.