AB 791

Bill Subjects

Abstract

(1) Existing law requires the Superintendent of Public Instruction to assume all the rights, duties, and powers of the governing board of the Oakland Unified School District and to appoint an administrator to act on behalf of the Superintendent in exercising the authority of the Superintendent over the school district. The authority of the Superintendent and the administrator over the school district is required to continue until certain enumerated conditions are met, including the completion of an improvement plan for the district. Existing law requires the County Office Fiscal Crisis and Management Assistance Team (FCMAT) to prepare the improvement plan for the school district, as provided, by July 1, 2003, and requires FCMAT to report on the implementation of the plan, as specified. This bill would require the Superintendent to return the authority for each operational area for which the most recent annual progress report prepared and submitted by FCMAT recommends the authority be returned to the governing board by July 1 of each year. The bill would provide that, if FCMAT recommends in its most recent progress report that authority over any operational area or areas be within the authority of the state administrator, the Superintendent would be authorized, in his or her sole discretion, to require that authority for the operational area or areas be returned to, or retained by, the state administrator. (2) Existing law requires the governing board of the Oakland Unified School District to serve without compensation as an advisory body during the period that the Superintendent is exercising authority over the district. This bill would entitle the members of the governing board to receive full compensation for services, once authority for one or more operational areas is returned to the governing board, that they would have received prior to the transfer of authority to operate the district to the Superintendent. (3) This bill would declare that due to the unique circumstances regarding governance of the school district, a general statute cannot be made applicable.