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Fiscal Panel Holds Opposed County Office Power Grab

The Senate Appropriations Committee voted on August 30 to hold a CTA-opposed measure that would undermine local efforts to meet the state’s stringent academic standards.

The committee vote should prevent any further action this year on AB 1403, the CTA-opposed bill by Assembly Member Juan Arambula (D-Fresno). During the committee hearing, efforts led by Senate Appropriations Chair Tom Torlakson (D-Antioch) were instrumental in blocking the bill’s passage. CTA statewide leaders, chapter leaders in the Fresno area, and members of key State Council committees played vital roles in convincing lawmakers not to move the Arambula bill.

CTA advocates warn that the measure could still gain consideration early in 2008, and they will be maintaining a vigilant eye on the proposal.

As recently amended, AB 1403 would among other things limit the involvement of parents, teachers, and the public in decisions relating to waivers of state education law.

In its newest form, AB 1403 would create a pilot program in Fresno and Tulare Counties that would allow County Superintendents there almost unlimited power to take over districts not meeting their federal target – as measured by the flawed Academic Yearly Progress (AYP) index – or their state Annual Progress Index (API) target score. The bill would create a new state board waiver authority that is confusing, waives key Education Code Sections, and imposes a new requirement that the State Board approve basically all the waivers requested by the county superintendents.
These provisions would bar the State Board from using the typical reasons for denying general waivers as outlined in Education Code 33051 (a), including excess state costs; educational needs of pupils; pupil or school personnel protections; union participation and consultation; and related reasons, to deny this new type of waiver. In addition, the newest changes to the bill would bar public hearings on the proposed waivers, allowing districts to go to the State Board of Education for waivers without first consulting with parents, teachers, and the public – a requirement of current law.

Among its other provisions, AB 1403 would undercut California’s existing accountability system that is overseen by the State Superintendent of Public Instruction and the State Board of Education. While the bill would first create a pilot program, later on the program could be expanded to all counties in the state.

Among its other shortcomings, the bill would

  • Undermine the implementation of the Quality Education Investment Act (QEIA) of 2006 because the county superintendents would be allowed to waive any statute within the K-3 class size reduction program, including teacher-pupil ratio requirements. The QEIA, a CTA-sponsored measure, provides additional funds to help Decile 1 and Decile 2 school districts. AB 1403 could force schools and districts to return QEIA funding to the state.
  • Force new mandates on districts already involved in state and federal improvement programs. The bill could require them to perform new duties without providing any funding to cover the additional costs.


For more information, contact CTA GR Communications Consultant Len Feldman at lfeldman@cta.org.

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