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AB-1917 Local educational agencies: governance training.(2023-2024)

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Date Published: 08/23/2024 09:00 PM
AB1917:v94#DOCUMENT

Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  August 15, 2024
Amended  IN  Senate  July 01, 2024
Amended  IN  Senate  June 17, 2024
Amended  IN  Assembly  May 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1917


Introduced by Assembly Member Muratsuchi

January 24, 2024


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, relating to local educational agencies.


LEGISLATIVE COUNSEL'S DIGEST


AB 1917, as amended, Muratsuchi. Local educational agencies: governance training.
(1) Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided. Existing law requires a local agency to provide information on available ethics training to its officials and authorizes a local agency or an association of local agencies to offer the ethics training, as provided. Existing law requires a local agency to maintain specified records related to the ethics training of its officials. Existing law defines “local agency” to include, among others, a school district, county office of education, and charter school, and defines “local agency official” to include, among others, a member of the governing board of a school district, a county board of education, or the governing body of a charter school, for these purposes.
This bill would 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, and would prescribe the timelines within which the training is required to be completed. 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 these training courses from a different entity, as specified. The bill would require local educational agencies to maintain specified records related to this training.
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, include 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) For school districts and county offices of education, laws related to personnel and employees, including, but not necessarily limited to, Part 25 (commencing with Section 44000). For charter schools, laws related to charter school personnel and employees, including, but not necessarily limited to, Sections 47605 and 47605.4 of this code and Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(4) For school districts and county offices of education, 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. For charter schools, public school accountability laws, including, but not necessarily limited to, Sections 47606.5 to 47608, inclusive.
(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) (1) If an entity develops a curriculum to satisfy the requirements of this section, the department shall be consulted regarding the sufficiency and accuracy of any proposed course content. When reviewing any proposed course content, the department shall allow an entity to also include local ethics policies in the curriculum.
(2) An entity conducting a training course developed to satisfy the requirements of this section shall be considered to have consulted with the department in satisfaction of paragraph (1) if both of the following conditions are met:
(A) The entity has reviewed the K–12 public education governance laws fewer than 61 days before the date on which the training course is conducted.
(B) The training course provided by the entity to satisfy the requirements of this section sufficiently and accurately reflects the K–12 public education governance laws, including, but not limited to, the laws described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 35220.
(c) A local educational agency or an association of local educational agencies may offer one or more training courses, arrange for its officials to receive one or more training courses from a different entity, or offer 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 agency 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 (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

35223.
 (a) Each local educational agency official in local educational agency service as of January 1, 2026, except for officials whose term of office ends before January 1, 2027, shall receive the training required by subdivision (a) of Section 35221 before January 1, 2027. Thereafter, each local educational agency official described in this subdivision shall receive the training required by subdivision (a) of Section 35221 at least once during their tenure serving as the local educational agency official.
(b) Each local educational agency official who commences service with a local educational agency on or after January 1, 2026, 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. Each local educational agency official described in this subdivision is encouraged to begin the training required by subdivision (a) of Section 35221 before the first meeting of the governing board or body that occurs after the election or appointment of the official.

SEC. 2.

 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.