CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1100

Introduced by Senator Portantino

February 13, 2018

An act to add Article 6.5 (commencing with Section 65) to Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code, relating to publicly funded statewide educational organizations.


LEGISLATIVE COUNSEL'S DIGEST


SB 1100, as introduced, Portantino. Publicly funded statewide educational organizations.
Existing law establishes a system of public elementary and secondary education in this state under which local educational agencies, including school districts and county offices of education, provide instruction in kindergarten and grades 1 to 12, inclusive. Under existing law, these local educational agencies are authorized to use public funds for purposes that are not in conflict with, inconsistent with, or preempted by, any law and that are not in conflict with the purposes for which these agencies are established. Local educational agencies have used public funds to pay membership dues in statewide organizations.
This bill would define publicly funded statewide educational organizations as organizations the membership of which is composed of local educational agencies, as defined, that provide the funding for the organization through membership dues that are paid from public funds. The bill would express legislative findings and declarations relating to these organizations.
The bill would also impose requirements on these organizations, including a requirement that these organizations comply with pertinent provisions of the open meetings statute that applies to local educational agencies, a requirement that written notice be provided to the superintendents of member local educational agencies when the organization considers taking a formal position on a piece of legislation pending before the Legislature, and a prohibition on the employment of governing board members of member local educational agencies.
The bill would also prohibit paid advocates or lobbyists employed by the organization from willfully or intentionally misstating facts germane to legislation or willfully or intentionally misstating research to oppose legislation that is pending before the Legislature. The bill would provide a procedure for reporting allegations of violations of these prohibitions to specified legislative budget subcommittees in each house, with provisions authorizing these allegations to be evaluated by the Committee on Rules of each house, and eventually to be reported to the Fair Political Practices Commission.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares both of the following:
(1) The Legislature appreciates the role that local school districts play in the education of our children, and the Legislature recognizes strict accountability measures under which they conduct school business on behalf of their constituents. The Legislature also recognizes that the clear majority of school districts endeavor to comport themselves in a manner that is consistent with California law as enacted through legislative mandates and other good government requirements. For example, public school districts in California must abide by the Ralph M. Brown Act, under which the business of running school districts must be conducted in public, with strict requirements for posting agendas to encourage public participation.
(2) School districts are permitted by state law to expend taxpayer funds on membership dues in statewide and local associations and on lobbying the Legislature. However, the Legislature recognizes that the current level of transparency, accountability, and conflict of interest as applied to these associations is insufficient and not up to standards commensurate with an organization that receives public funds from its member school districts.
(b) Therefore, it is the intent of the Legislature to enact Article 6.5 (commencing with Section 65) of Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code in order to improve accountability and transparency, and to prevent conflicts of interest, with respect to statewide associations funded by dues received from public school districts.

SEC. 2.

 Article 6.5 (commencing with Section 65) is added to Chapter 1 of Part 1 of Division 1 of Title 1 of the Education Code, to read:
Article  6.5. Publicly Funded Statewide Educational Organizations

65.
 (a) As used in this article:
(1) A “local educational agency” includes a school district and a county office of education.
(2) A “publicly funded statewide educational organization” is an organization the membership of which is composed of local educational agencies that provide the funding for the organization through membership dues that are paid from public funds.
(b) A publicly funded statewide educational organization shall conduct business in accordance with following requirements:
(1) All board, committee, and subcommittee meetings of the organization shall comply with the pertinent requirements of 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) At least 10 days before any meeting in which the organization considers supporting or opposing legislation that is pending before the Legislature, the organization shall notify, in writing, the superintendent of each member local educational agency about each piece of legislation about which the organization is considering taking a formal position.
(3) In order to prevent conflicts of interest, the organization shall not employ a member of the governing body of a local educational agency that is a member of the organization.
(4) (A) It is the intent of the Legislature that a paid advocate or lobbyist of the organization, during the performance of his or her advocacy duties, shall abide by ethical standards that are above reproach. A paid advocate or lobbyist of the organization shall not do either of the following:
(i) Willfully or intentionally misstate facts germane to legislation.
(ii) Willfully or intentionally misuse or misstate research in order to oppose legislation that is pending before the Legislature.
(B) A violation of either of the prohibitions contained in subparagraph (A) may be reported to the chairperson of the Subcommittee on Education Finance of the Assembly Budget Committee or the chairperson of the Subcommittee on Education of the Senate Budget Committee. Either of these chairpersons may submit a written complaint to the chairperson of the Committee on Rules of that respective house. If that occurs, the Committee on Rules shall use its best efforts to evaluate the details of that complaint and issue a determination as to whether the alleged violations have occurred. The Committee on Rules of either house may forward its findings and recommendations relating to such a matter to the Fair Political Practices Commission for its consideration.