Proposition 8 | Proposition 8 | Analysis |
Public Schools. Permanent Class Size Reduction.
Parent-Teacher Councils. Teacher Credentialing.
Pupil Suspension for Drug Possession. Chief
Inspector's Office. Initiative Statute.
Proposition 8 - Full Text of the Proposed Law

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the California Constitution.

This initiative measure amends, repeals, and adds sections to the Education Code; therefore, existing provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED LAW

SECTION 1. This act shall be known, and may be cited, as the Permanent Class Size Reduction and Educational Opportunities Act of 1998.

SEC. 2. (a) The people of the State of California find and declare all of the following:

(1) High expectations for the academic achievement of all children in California are essential elements of the public school system.

(2) Small class sizes, well-trained teachers, a safe learning environment, and parent participation in the public schools are essential components of an educational system that achieves our high expectations for all children.

(3) Information on the quality of education in each public school is essential to identify low-performing schools that are not providing our children with the opportunity to achieve our high expectations.

(b) In enacting the Permanent Class Size Reduction and Educational Opportunities Act of 1998, it is the intent of the people of the State of California to accomplish all of the following:

(1) To give parents a significant role in improving the educational program at the schools attended by their children.

(2) To ensure that persons licensed to teach in California possess essential subject-matter knowledge.

(3) To enable school principals to identify, assist, and, if necessary, remove from their schools, teachers who are not contributing to pupil achievement.

(4) To provide a safe learning environment that fosters learning by keeping mind-altering illegal drugs out of the hands of school children.

(5) To provide a funding guarantee for class size reduction for kindergarten and grades 1 to 3, inclusive.

(6) To provide information to parents, the general public, and elected officials on the performance of individual public schools so that corrective action may be taken in low-performing schools.

SEC. 3. Chapter 2.5 (commencing with Section 33250) is added to Part 20 of the Education Code, to read:

Chapter 2.5. Office of the Chief Inspector of the
Public Schools

33250. The Office of the Chief Inspector of the Public Schools is hereby established in the state government.

33250.5. The Office of the Chief Inspector of the Public Schools shall be an independent entity in the state government. The Chief Inspector of the Public Schools shall appoint and discharge employees, consistent with applicable civil service laws, and shall establish the compensation of these employees and prescribe their duties.

33251. The Chief Inspector of the Public Schools shall be appointed by the Governor and shall serve for no more than one term of 10 years. The appointment of the Chief Inspector of the Public Schools shall not be subject to approval by the Senate, but the Chief Inspector of the Public Schools may be removed from that office by a two-thirds vote of all members elected to each house of the Legislature.

33251.5. The Chief Inspector of the Public Schools, or employees of the Office of the Chief Inspector of the Public Schools, acting at the direction of the chief inspector, shall inspect each of the public elementary and secondary schools in California at least once every two years. The Chief Inspector of the Public Schools shall submit an annual report on his or her findings to the Governor, the Legislature, the State Board of Education, and the Superintendent of Public Instruction.

33252. The annual report of the Chief Inspector of the Public Schools shall include, but not necessarily be limited to, all of the following:

(a) A ranking of the public schools in categories of comparable grade levels in order of the quality of education offered by the schools.

(b) Identification of the strengths and weaknesses of each public school.

(c) Achievement scores, dropout rates, attendance rates, college entrance rates, vocational program entrance rates, scores on the SAT and other standardized tests, and other information as determined by the chief inspector.

33252.5. Funding for the Office of the Chief Inspector of the Public Schools shall be provided in the annual Budget Act. However, the annual Budget Act appropriation for support of the State Department of Education shall be reduced by an amount equal to the annual Budget Act appropriation for the Office of the Chief Inspector of the Public Schools.

33253. This chapter shall become operative on July 1, 1999.

SEC. 4. Section 44252.9 is added to the Education Code, to read:

44252.9. (a) The commission may issue a preliminary multiple subject or single subject teaching credential, for a period not to exceed two years, to any applicant qualifying under Section 44227 pending completion of the following requirements in paragraph (1), (2), or (3), or to any applicant for a designated subjects teaching credential pending completion of the requirement in paragraph (3):

(1) A commission-approved examination to verify subject matter competence.

(2) A course or examination on the teaching of reading.

(3) A course or examination on the provisions and principles of the United States Constitution.

(b) This section shall apply to credentials issued on or after January 1, 1999.

SEC. 5. Section 44253 of the Education Code is amended to read:

44253. (a) The commission may issue a preliminary multiple subject or single subject teaching credential, for a period not to exceed two years, to any applicant qualifying under Section 44227 pending completion of the following requirements in subdivision (a), (b), or (c) paragraph (1), (2), or (3) , or to any applicant for a designated subjects teaching credential pending completion of the requirement in subdivision (c).

(a) paragraph (3):

(1) A commission-approved subject matter preparation program or examination to verify subject matter competence.

(b)

(2) A course or examination on the teaching of reading.

(c)

(3) A course or examination on the provisions and principles of the United States Constitution.

(b) This section shall apply to credentials issued on or before December 31, 1998. Credentials issued after that date shall be subject to Section 44252.9.

SEC. 6. Section 44256 of the Education Code is amended to read:

44256. Authorization for teaching credentials shall be of four basic kinds, as defined below:

(a) "Single subject instruction" means the practice of assignment of teachers and students to specified subject matter courses, as is commonly practiced in California high schools and most California junior high schools. The holder of a single subject teaching credential or a standard secondary credential or a special secondary teaching credential, as defined in this subdivision, who has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at an accredited institution in any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which he or she is already certificated to teach, shall be eligible to have this subject appear on the credential as an authorization to teach this subject. The commission, by regulation, may require that evidence of additional competence is a condition for instruction in particular subjects, including, but not limited to, foreign languages. The commission may establish and implement alternative requirements for additional authorizations to the single subject credential on the basis of specialized needs. For purposes of this subdivision, a special secondary teaching credential means a special secondary teaching credential issued on the basis of at least a baccalaureate degree, a student teaching requirement, and 24 semester units of coursework in the subject specialty of the credential.

(b) (1) "Multiple subject instruction" means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education.

(2) The holder of a multiple subject teaching credential or a standard elementary credential who has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at an accredited institution in any subject commonly taught in grades 9 and below shall be eligible to have that subject appear on the credential as authorization to teach the subject in departmentalized classes in grades 9 and below. The governing board of a school district by resolution may authorize the holder of a multiple subject teaching credential or a standard elementary credential to teach any subject in departmentalized classes to a given class or group of students below grade 9, provided that the teacher has completed at least 12 semester units, or six 6 upper division or graduate units, of coursework at an accredited institution in each subject to be taught. The authorization shall be with the teacher's consent. However, the commission, by regulation, may provide that evidence of additional competence is necessary for instruction in particular subjects, including, but not limited to, foreign languages. The commission may establish and implement alternative requirements for additional authorizations to the multiple subject credential on the basis of specialized needs.

(c) "Specialist instruction" means any specialty requiring advanced preparation or special competence including, but not limited to, reading specialist, mathematics specialist, specialist in special education, or early childhood education, and such other specialties as the commission may determine.

(d) "Designated subjects" means the practice of assignment of teachers and students to designated technical, trade, or vocational courses which courses may be part of a program of trade, technical, or vocational education.

(e) This section shall apply to authorizations issued on or before December 31, 1998. Authorizations issued after that date shall be subject to Section 44256.1.

SEC. 7. Section 44256.1 is added to the Education Code, to read:

44256.1. Authorization for teaching credentials shall be of four basic kinds, as defined below:

(a) "Single subject instruction" means the practice of assignment of teachers and students to specified subject matter courses, as is commonly practiced in California high schools and most California junior high schools.

(b) "Multiple subject instruction" means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education.

(c) "Specialist instruction" means any specialty requiring advanced preparation or special competence including, but not limited to, reading specialist, mathematics specialist, specialist in special education, or early childhood education, and such other specialties as the commission may determine.

(d) "Designated subjects" means the practice of assignment of teachers and students to designated technical, trade, or vocational courses which courses may be part of a program of trade, technical, or vocational education.

(e) This section shall apply to authorizations issued on or after January 1, 1999.

SEC. 8. Section 44258.3 of the Education Code is amended to read:

44258.3. (a) The governing board of a school district may assign the holder of a credential, other than an emergency permit, to teach any subjects in departmentalized classes in kindergarten or any of grades 1 to 12, inclusive, provided that the governing board verifies, prior to making the assignment, that the teacher has adequate knowledge of each subject to be taught and the teacher consents to that assignment. The governing board shall adopt policies and procedures for the purpose of verifying the adequacy of subject knowledge on the part of each of those teachers. The governing board shall involve subject matter specialists in the subjects commonly taught in the district in the development and implementation of the policies and procedures, and shall include in those policies and procedures both of the following:

(1) One or more of the following ways to assess subject matter competence:

(A) Observation by subject matter specialists, as defined in subdivision (d).

(B) Oral interviews.

(C) Demonstration lessons.

(D) Presentation of curricular portfolios.

(E) Written examinations.

(2) Specific criteria and standards for verifying adequacy of subject matter knowledge using any of the methods in paragraph (1). The criteria shall include, but need not be limited to, evidence of the candidate's knowledge of the subject matter to be taught, including demonstrated knowledge of the curriculum framework for the subject to be taught and the specific content of the course of study in the school district for the subject, at the grade level to be taught.

(b) Teaching assignments made pursuant to this section shall be valid only in that school district. The principal of the school, or other appropriate administrator, shall notify the exclusive representative of the certificated employees for that school district, as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, of each instance in which a teacher is assigned to teach classes pursuant to this section. Any school district policy or procedures adopted and teaching assignments made pursuant to this section shall be included in the report required by subdivisions (a) and (e) of Section 44258.9. The Commission on Teacher Credentialing may suspend the authority of a school district to use the teaching assignment option authorized by this section upon a finding that the school district has violated the provisions of this section.

(c) Nothing in this section shall be construed to alter the effect of Section 44955 with regard to the reduction by a school district governing board of the number of certificated employees.

(d) For the purposes of this section, "subject matter specialists" are mentor teachers, curriculum specialists, resource teachers, classroom teachers certified to teach a subject, staff to regional subject matter projects or curriculum institutes, or college faculty.

(e) This section shall apply only to assignments made on or before December 31, 1998.

SEC. 9. Section 44259 of the Education Code is amended to read:#roman#

44259. (a) Each program of professional preparation for multiple subject or single subject teaching credentials shall not include more than one year of, or the equivalent of one-fifth of a five-year program in, professional preparation.

(b) The minimum requirements for the preliminary multiple subject or single subject teaching credential, are all of the following:

(1) A baccalaureate degree or higher degree, except in professional education, from a regionally accredited institution of postsecondary education.

(2) Passage of the state basic skills examination that is developed and administered by the commission pursuant to Section 44252.5.

(3) Completion of a program of not more than one year of professional preparation that has been approved or accredited on the basis of standards of program quality and effectiveness pursuant to subdivision (a) of Section 44227, subdivisions (a), (b), and (c) of Section 44372, or Section 44376.

(4) Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), among all pupils, including those for whom English is a second language, in accordance with the commission's standards of program quality and effectiveness. The study of reading shall meet the following requirements:

(A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research-based and includes all of the following:

(i) The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic, explicit phonics, and decoding skills.

(ii) A strong literature, language, and comprehension component with a balance of oral and written language.

(iii) Ongoing diagnostic techniques that inform teaching and assessment.

(iv) Early intervention techniques.

(v) Guided practice in a clinical setting.

(B) (i) For the purposes of this section, "direct, systematic, explicit phonics" means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text , and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive.

(ii) A program for the multiple subjects subject credential also shall include the study of integrated methods of teaching language arts.

(5) Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or Commencing January 1, 1999, passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280).

(6) Demonstration of a knowledge of the principles and provisions of the United States Constitution of the United States pursuant to Section 44335.

(7) Commencing January 1, 2000, demonstration, in accordance with the commission's standards of program quality and effectiveness, of basic competency in the use of computers in the classroom.

(c) The minimum requirements for the professional multiple subject or single subject teaching credential shall include completion of the following studies:

(1) Study of health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross.

(2) Study and field experience in methods of delivering appropriate educational services to students with exceptional needs in regular education programs.

(3) Study, in accordance with the commission's standards of program quality and effectiveness, of advanced computer-based technology, including the uses of technology in educational settings.

(4) Completion of an approved fifth year program after completion of a baccalaureate degree at an accredited institution.

(d) A credential that was issued prior to the effective date of this section shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission may not, by regulation, invalidate an otherwise valid credential unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no less restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service.

(e) Notwithstanding this section, persons who were performing teaching services as of January 1, 1991, pursuant to the language of this section that was in effect prior to that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision.

(f) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do not apply to any person who, as of January 1, 1997, holds a multiple subject or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple subject or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied only to persons who enter a program of professional preparation on or after January 1, 1997.

SEC. 10. Section 44280 of the Education Code is amended to read:

44280. The Commencing January 1, 1999, the adequacy of subject matter preparation and the basis for assignment of certified personnel shall be determined by the successful following:

(a) Successful passage of a subject matter examination as certified by the commission , except as specifically waived as set forth in Article 6 (commencing with Section 44310) of this chapter . For the purpose of determining the adequacy of subject matter knowledge of languages for which there are no adequate examinations, the commission may establish guidelines for accepting assessments performed by organizations that are expert in the language and culture assessed.

(b) Submission of a portfolio of lesson plans in the subject areas to be taught. These lesson plans shall meet standards for lesson plans in the California public schools. These standards shall be developed and adopted by the commission.

SEC. 11. Article 6 (commencing with Section 44310) of Chapter 2 of Part 25 of the Education Code is repealed.

SEC. 12. Section 48915 of the Education Code is amended to read:

48915. (a) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent finds that expulsion is inappropriate, due to the particular circumstance:

(1) Causing serious physical injury to another person, except in self-defense.

(2) Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil.

(3) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.

(4) Robbery or extortion.

(5)

(4) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.

(b) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil committed an act listed in subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel shall be based on a finding of one or both of the following:

(1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.

(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

(c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of , a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds:

(1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district.

(2) Brandishing a knife at another person.

(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.

(4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.

(5) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than 28.5 grams of marijuana, other than concentrated cannabis.

(d) The governing board shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions:

(1) Is appropriately prepared to accommodate pupils who exhibit discipline problems.

(2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school.

(3) Is not housed at the schoolsite attended by the pupil at the time of suspension.

(e) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds , violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following:

(1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct.

(2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

(f) The governing board shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study that meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school.

(g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

SEC. 13. Section 52126 of the Education Code is amended to read:

52126. The amount of funding that each school district implementing a Class Size Reduction Program pursuant to this chapter is eligible to receive shall be computed as follows:

(a) If a school district applies to participate in Option One, pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 52122, the Superintendent of Public Instruction shall apportion to the applicant school district an amount equal to eight hundred dollars ($800) for each pupil actually enrolled in the classes in which the school district implements the program, except that the maximum number of pupils for which a school district may claim funding for any class shall not exceed 20. The number of pupils claimed pursuant to this subdivision shall be pupils actually enrolled in classes participating in the Class Size Reduction Program and shall not be based on the average size of the classes for any grade levels for which funding is claimed.

(b) If a school district applies to participate in Option Two, pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 52122, the Superintendent of Public Instruction shall apportion to the applicant school district an amount equal to four hundred dollars ($400) per pupil actually enrolled in the classes in which the school district implements the program, except that the number of pupils in any class for which a school district may claim funding for the instructional minutes offered shall not exceed 20. The number of pupils claimed pursuant to this subdivision shall be pupils actually enrolled in classes participating in the Class Size Reduction Program and shall not be based on the average size of the classes for any grade levels for which funding is claimed.

(c) (1) If a school district applies to participate in Option One, pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 52122, the Superintendent of Public Instruction shall apportion to the applicant school district an amount equal to six hundred fifty dollars ($650) for each pupil actually enrolled in the classes in which the school district implements the program and at least one of the following conditions exists:

(A) The requirements of subdivision (e) of Section 52122 have been satisfied, except for the requirements of either paragraph (1) or (2) , of that subdivision, or both.

(B) The pupil enrolls in the school district after February 16, 1998.

(2) The maximum number of pupils for which a school district may claim funding for any class does not exceed 20. The number of pupils claimed pursuant to this subdivision shall be pupils actually enrolled in classes participating in the Class Size Reduction Program, and shall not be based on the average size of the classes for any grade levels for which funding is claimed.

(d) (1) If a school district applies to participate in Option 2, pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 52122, the Superintendent of Public Instruction shall apportion to the applicant district an amount equal to three hundred twenty-five dollars ($325) for each pupil actually enrolled in the classes in which the school district implements the program and at least one of the following conditions exists:

(A) The requirements of subdivision (e) of Section 52122 have been satisfied, except for the requirements of either paragraph (1) or (2) of that subdivision, or both.

(B) The pupil enrolls in the school district after February 16, 1998.

(2) The maximum number of pupils for which a school district may claim funding for any class shall not exceed 20. The number of pupils claimed pursuant to this subdivision shall be pupils actually enrolled in classes participating in the Class Size Reduction Program, and shall not be based on the average size of the classes for any grade levels for which funding is claimed.

(e) The per pupil amount set forth in subdivisions (a) and (b) shall be increased annually for inflation by the percentage change determined pursuant to subdivision (b) of Section 42238.1.

(f) Except for the advance apportionment, the Superintendent of Public Instruction shall apportion funds to a school district only after certification that its Class Size Reduction Program has been implemented for that fiscal year.

(g) The Superintendent of Public Instruction shall apportion funds for this program in the following manner:

(1) An advance apportionment shall be made following passage of the annual Budget Act. This apportionment shall be provided to all school districts that participated in the program in the prior fiscal year, and shall be limited to 25 percent of the amount computed by multiplying the appropriate per pupil stipends times the actual enrollment in each participating class in the prior fiscal year, as reported by the district pursuant to subdivision (d) of Section 52124.

(2) Each year an apportionment to all applicants shall be made following receipt of applications submitted pursuant to Section 52123, adjusted as necessary by the amount received pursuant to paragraph (1). If a school district that participated in this program in the prior fiscal year fails to submit an application, all funds apportioned to that school district pursuant to paragraph (1) shall be deducted from the district's next monthly principal apportionment payment.

(3) A final adjustment to the amounts paid pursuant to paragraph (2) shall be made following receipt of the actual enrollment in each participating class, to be reported by each school district pursuant to subdivision (d) of Section 52124.

(h) Irrespective of the amount that a school district receives pursuant to subdivision (a) on the basis of the application it makes under Section 52123, that district shall not retain any funds it receives for any class that does not actually meet all of the requirements of the Class Size Reduction Program.

(i) It is the intent of the Legislature that the total statewide amount computed for the purposes of this chapter pursuant to this section, commencing with the 1997-98 fiscal year, be appropriated to the Superintendent of Public Instruction in the annual Budget Act.

SEC. 14. Section 52129 is added to the Education Code, to read:

52129. (a) The Class Size Reduction Fund is hereby created in the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated to the State Department of Education. From any funds that are transferred to the Class Size Reduction Fund, the Superintendent of Public Instruction shall annually apportion to each school district the funds for which the school district is eligible pursuant to the Class Size Reduction Program under this chapter.

(b) It is the intent of the Legislature that the establishment of the Class Size Reduction Fund shall provide a guarantee that the funds necessary to pay the costs of class size reduction for all public school pupils in kindergarten and in grades 1 to 3, inclusive, shall be available.

(c) The Director of Finance shall annually calculate the amount necessary to fully fund the Class Size Reduction Program established pursuant to this chapter. The amount to be calculated pursuant to this subdivision shall be the product of the enrollment in kindergarten and in grades 1 to 3, inclusive, as projected by the Director of Finance and the Option One per-pupil amount. From the total funds allocated to school districts from the General Fund pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, the Controller shall annually transfer to the Class Size Reduction Fund the amount calculated pursuant to this subdivision.

(d) The Director of Finance shall biennially determine if there are excess funds in the Class Size Reduction Fund. Upon certification by the Director of Finance, the Controller shall transfer any excess funds to the Proposition 98 Reversion Account.

SEC. 15. Chapter 14.5 (commencing with Section 52990) is added to Part 28 of the Education Code, to read:

Chapter 14.5. Schoolsite Governing Councils and
Teacher Evaluation

52990. As a condition to receiving funds under any program established pursuant to this part or Part 29 (commencing with Section 54000), the governing board of each school district shall ensure that each school in that district establishes a schoolsite governing council that is composed as follows:

(a) The schoolsite governing council shall consist of representatives of classroom teachers selected by classroom teachers at the school and representatives of parents of pupils attending the school selected by the parents.

(b) At least two-thirds of the members of the schoolsite governing council shall be parents of pupils of that school.

(c) The term and procedures for selection and replacement of governing council members shall be specified in the schoolsite governing council's bylaws, which shall be developed in accordance with procedures adopted and promulgated by the governing board of the school district.

52990.5. (a) The schoolsite governing council, in consultation with the principal, shall make all decisions for the school with respect to the school's curricula and expenditure of funds allocated by the governing board to the school, and shall perform the duties prescribed in Section 52991.

(b) The school principal shall make the decisions regarding the employment at the school of all personnel and the removal from the school of all personnel pursuant to Section 52991.5. The school district shall be responsible for assigning personnel who have been removed from the school by the principal.

52991. The schoolsite governing council shall perform the following duties:

(a) Each member of the schoolsite council shall attend training sessions provided by the district or district designee.

(b) Gather and examine available data on the gains made by the pupils enrolled in the school towards meeting the standards of expected pupil achievement. The data shall provide separate information on the gains of pupils from families receiving free or reduced-price meals pursuant to Section 49512, gifted and talented pupils, special education pupils, and the gains of English learners toward meeting the standards of expected pupil achievement. Under no circumstances shall that data reveal the actual names of individual pupils.

(c) At the secondary school level, seek advice from representatives of local businesses and postsecondary institutions.

(d) Request assistance from the school district if it is determined that an unsatisfactory number of the pupils in the school fail to make significant gains towards meeting the standards of expected pupil achievement in any core academic subject for two consecutive years that the identified pupil has spent attending the school.

(e) For each school year, develop a new, or revise an existing, educational quality improvement plan that has #italic#been drafted by the certificated employees of the school, and approved by a majority of teachers of the school. The schoolsite governing council shall make modifications, if any, and approve the plan. The educational quality improvement plan shall be a comprehensive plan for the entire school. The plan shall describe the educational program of the school and shall include a specific plan for improving that program, including, but not necessarily limited to, all of the following:

(1) A proposed expenditure plan for funds allocated to the schoolsite.

(2) Preventive actions that will be taken to reduce the likelihood that any pupil will complete grades 4, 8, or 10 without making significant gains towards meeting the standards of expected pupil achievement, and preventive actions that will be taken to ensure that no pupil leaves grade 3 without basic proficiency in reading.

(3) Identification of the pupils completing grades 4, 8, and 10 who have not made significant gains towards meeting the standards of expected pupil achievement, the actions that will be taken to improve the performance of those pupils, and how those actions will be funded.

(4) Identification of pupils completing grade 2 who have not mastered basic reading, and actions that will be taken to assist these pupils to become proficient in reading.

(5) Staff development activities to improve beginning reading instruction, including phonemic awareness and systematically explicit phonics, and other staff development opportunities.

(6) Core curriculum areas in need of improvement at the school.

(7) Instructional strategies that will be used to meet the standards of expected pupil achievement.

(8) Strategies to increase involvement of parents in their child's education.

(9) Incorporation of a current, appropriate technology plan or the establishment of an appropriate technology plan.

52991.5. (a) Notwithstanding any other provision of law, the principal of a school shall be responsible for evaluation of the personnel who are employed at that school.

(b) Notwithstanding any other provision of law, a principal, as part of his or her evaluation of the performance of a certificated employee at the school, shall utilize the results of pupil performance on assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 in the determination of the job performance of the employee.

52992. On or before February 1, 1999, the State Department of Education shall submit draft regulations for the implementation of this chapter to the State Board of Education for its approval. The State Board of Education shall submit regulations implementing this chapter to the Office of Administrative Law on or before May 1, 1999.

SEC. 16. If any part or parts of this act are found to be in conflict with federal law or with the Constitutions of the United States or California, this act shall be implemented to the maximum extent permitted by federal law and the Constitutions of the United States and California. Any provisions of this act held to be invalid shall be severed from the remaining provisions of this act, which shall be given full effect.

SEC. 17. Except where expressly provided otherwise, this act shall become operative for all school terms that commence at least 60 days after the effective date of this act.

SEC. 18. The provisions of this act may be amended by a statute that becomes effective upon approval by the electorate or by a statute to further the act's purpose that is passed by a four-fifths vote of each house of the Legislature and signed by the Governor.#roman#

Proposition 8 | Proposition 8 | Analysis |