2007 California Education Code Article 2. Operational Flexibility

CA Codes (edc:35910-35915)

35910.  (a) Notwithstanding Section 33050, the district
superintendent, on a districtwide basis or on behalf of one or more
of the schools or programs of the LAUSD, after a public hearing on
the matter, may request that the state board waive all or part of any
section of this code or any regulation adopted by the state board
that implements a provision of this code, except that a waiver of the
provisions specified in subdivisions (a), (b), and (c) of Section
33050, Section 38103, 45103.1, or 45103.5, or of any law that cannot
constitutionally be waived, shall not be requested or granted.
   (b) A request for a waiver made pursuant to this section shall
include the written statement required pursuant to subdivision (d) of
Section 33050 if the exclusive representative of employees specified
in that section responds with its position on any proposed waiver
within 30 days of its receipt of a request from the district
superintendent.
   (c) If the state board does not approve or deny a waiver request
submitted by the district superintendent pursuant to this section by
the completion of the second regular meeting of the state board
after, or within 60 days of, receiving the request, whichever date is
sooner, the request shall be deemed approved for two years,
commencing the first day of the following month.



35911.  (a) The district superintendent shall have the authority to
make employment decisions related to all certificated and classified
management personnel in the Office of the Superintendent of the
LAUSD. These personnel serve at the pleasure of the district
superintendent.
   (b) The district superintendent shall have the authority to assign
and reassign a principal of a school within the LAUSD and may
consult with community leaders, schoolsite personnel, and parents of
pupils enrolled at the school to which the principal is assigned. The
consultation shall include the elected mayors and city council
members representing territory within the attendance boundaries of
the school.
   (c) In assigning or reassigning a local district superintendent,
the district superintendent shall consult the elected mayors and city
council members representing territory within the boundaries of the
local district, unless exigent circumstances exist. In addition, the
Southeast Cities Schools Coalition, which is comprised of the cities
of Bell, Cudahy, Huntington Park, Maywood, South Gate, and Vernon,
shall have the right to ratify the selection of the local district
superintendent serving the cities in the Southeast Cities Schools
Coalition. If the Southeast Cities Schools Coalition fails to act
within 30 days of the submission of the district superintendent of a
choice for local district superintendent, the choice shall be deemed
ratified. The council of mayors described in Section 35920 may
recognize other coalitions of multiple cities and provide the same
ratification authority with respect to the local district
superintendent serving the cities in any coalition recognized in the
future.
   (d) The board, subject to Section 45112, may employ a pool of
administrative staff to serve all members of the board, subject to
budget approval. All of this staff shall report to the board as a
whole, and no individual member of the board shall employ individual
staff. The board shall have the authority to make employment
decisions related to this staff, except to the extent that any
decision would violate any applicable law, written agreement, or
contract under which the staff are employed.
   (e) The board shall retain the power to appoint and to make other
employment decisions related to the inspector general of the LAUSD,
pursuant to Section 35400, and related to staff directly reporting to
the inspector general.
   (f) The district superintendent shall make all employment
decisions for all nonrepresented personnel of the LAUSD, subject to
the applicable protections of the personnel commission.
   (g) Except as expressly provided above, this section does not
change or alter the application of Part 25 (commencing with Section
44000) of this code or Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code to the LAUSD.
   (h) The authority of the district superintendent to assign and
reassign principals, as set forth in subdivision (b), shall not
supersede the process by which existing site-based agreements that
provide for an alternative method of selecting a principal are
extended or modified.
   (i) As used in subdivisions (b) and (c), "consult" includes, at a
minimum, the right to suggest qualifications to look for in the
individual to receive the position, the right to recommend
individuals for the position, and the right to provide opinion and
feedback regarding finalists being considered for the position.
   (j) The district superintendent shall establish an Office of
Parent Communication that may be staffed by an ombudsperson or
similar employee. The office shall assure that the LAUSD complies
with the processes for receiving and addressing parent complaints set
forth in Section 35186 and shall assure that the LAUSD complies with
the requirements regarding parent information and the rights of
parents to participate in the education of their children set forth
in Section 51101. The office shall report regularly on the compliance
of the LAUSD with those sections.


35912.  (a) (1) The district superintendent shall have the authority
over the contracting operations of the LAUSD, including, but not
limited to, the negotiation and execution of contracts, except those
contracts governed by Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code. For purposes of
negotiating and executing contracts, the district superintendent is
subject to the otherwise applicable requirements of law, including
statutory or regulatory competitive bidding procedures and best
contracting practices. The district superintendent shall provide
public notice of his or her intent to award any contract in excess of
two hundred fifty thousand dollars (0,000) at least 45 days
before the execution of the contract, unless the district
superintendent, in his or her discretion, determines and certifies
that there is an urgency, in which case public notice shall occur at
least 30 days before the execution of the contract. In addition, the
district superintendent shall report to the board on all contracts at
the next regularly scheduled public meeting of the board following
the execution of the contract.  The public notice shall, at a
minimum, include electronic posting on the LAUSD Internet Web site,
and physical posting at 10 geographically dispersed district offices
or schools in an area that is accessible to the public for at least
12 hours each day.
   (2) A decision by the district superintendent to contract with a
private individual, other governmental agency, or business entity for
personal services that, as of January 1, 2007, are currently or
customarily performed by classified school employees or other
district employees shall, notwithstanding paragraph (1), require
approval of the board and be subject to, and comply in all respects
with, Sections 38103, 45103.1, and 45103.5. With respect to the
rebidding or renewal of any personal services contract entered into
prior to January 1, 2003, and covered by subdivision (d) of Section
45103.1, and in addition to any other notice that may be required by
law, the district superintendent shall give no less than 30 days
written notice of the intent to renew or rebid to each exclusive
representative of district employees.
   (b) Except as indicated in this subdivision, nothing in this
chapter removes or alters the obligation of the LAUSD to comply with
all requirements for the expenditure of bond proceeds, including, but
not limited to, those required by Section 15278, by subparagraphs
(C) and (D) of paragraph (3) of subdivision (b) of Section 1 of
Article XIII A of the California Constitution, and by the terms of
bond measures approved by the district electorate. To the extent the
district superintendent, in the course of exercising his or her
authority under this chapter, acts to expend any bond proceeds, the
district superintendent shall abide by all restrictions and fulfill
all obligations that otherwise would have devolved upon the board in
conjunction with the expenditure of those bond proceeds.
   (c) The intent of the Legislature in enacting this section is to
transfer the responsibility for contracting operations, including
appropriation and payment, from the board to the district
superintendent. This section does not alter the rights or
requirements related to the employment of district employees pursuant
to Part 25 (commencing with Section 44000) of this code or Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, or any applicable collective bargaining agreement or
contract. This section does not alter any other law regarding the
procedures for school districts to execute or amend contracts.



35913.  (a) The district superintendent shall annually prepare a
proposed budget for the LAUSD for the succeeding fiscal year. The
proposed budget shall be presented to the council of mayors
established pursuant to Article 3 (commencing with Section 35920) for
review and comment, and to the board for final approval. Any budget
revisions during the fiscal year shall also be presented to the
council of mayors for review and comment and to the board for final
approval. The proposed budget and any budget revision shall be
provided to the council of mayors at least 30 days before the
consideration and adoption of the budget or budget revision by the
board.
   (b) The budget and any budget revisions prepared and presented by
the district superintendent shall include budgetary information that
is no more detailed than the fund, resource code, and major object
code level, as defined in the California School Accounting Manual in
effect as of January 1, 2007.
   (c) The board shall approve the annual budget of the office of the
inspector general, and the amount approved shall not be reduced
during the year without the approval of the board.
   (d) The council of mayors may hold a public hearing and review and
comment on the proposed budget and any budget revision at least 15
days prior to the consideration and adoption of the budget or budget
revision by the board. After the opportunity for public comment, the
board shall have final approval of the budget and any budget
revisions.
   (e) The district superintendent is responsible for compliance with
fiscal reporting requirements to the county superintendent of
schools, the department, and the Superintendent.
   (f) The district superintendent annually shall provide, for review
and comment, the budget to the member cities of the Southeast Cities
Schools Coalition, which is described in subdivision (c) of Section
35911.


35914.  (a) (1) The LAUSD, when selecting curriculum and
instructional materials for the district, shall ensure that:
   (A) Parents, teachers, and other certificated staff have an
authentic and central role.
   (B) A majority of the participants of each of the advisory
curriculum and textbook and instructional materials selection
committees of the district are classroom teachers selected by
classroom teachers.
   (C) Basic instructional materials for kindergarten and grades 1 to
8, inclusive, purchased with state categorical funds for
instructional materials are state board-adopted materials.
   (D) Basic instructional materials for grades 9 to 12, inclusive,
are aligned to state content standards, if content standards exist
for the applicable subjects.
   (E) There is a wide selection of supplemental instructional
materials that are consistent with the needs of pupils and available
for use.
   (F) Consistent with subparagraphs (A) to (E), inclusive, each
schoolsite, with the participation of its principal, its classroom
teachers, and parents of its pupils, are authorized to develop a plan
for implementing curriculum that meets the individual needs of its
pupils.
   (2) This subdivision does not prevent the board from requiring
that the same basic instructional materials be used in all schools of
the LAUSD.
   (b) The board shall retain its authority to establish the
requirements for graduation from high school pursuant to paragraph
(2) of subdivision (a) of Section 51225.3.
   (c) In addition to the districtwide staff development, principals
and teachers at individual schools, with the input of parents, are
authorized to develop professional development programs supportive of
the individual needs of pupils at their respective schoolsites.



35915.  (a) (1) The district superintendent shall develop and manage
the facilities program for the LAUSD.  This program may include, but
not be limited to, the development, management, and implementation
of a strategic plan regarding facilities for the LAUSD and the
management of all phases of construction, repair, upgrade,
renovation, and maintenance of school facilities of the district.
   (2) The council of mayors established pursuant to Section 35920
shall provide input to the district superintendent regarding the
facilities program. However, notwithstanding that authority, and
except as provided pursuant to subdivision (b), the district
superintendent shall retain all decisionmaking power regarding any
facilities program of the district.
   (3) The LAUSD, through the district superintendent, is subject to
all laws regarding the review and approval of decisions of the
district by state agencies regarding school facilities of the
district.
   (b) Eminent domain proceedings related to school facilities of the
district require the approval of the board.  The board shall also
retain decisionmaking power related to the placement of school
facilities bond measures on the ballot and related to levying
development fees for school facilities purposes pursuant to law.
   (c) This chapter does not deprive the board of the power or
authority to adopt or enter into project stabilization agreements or
project labor agreements for district construction or facilities
projects or affect the validity of existing project stabilization
agreements and project labor agreements. The decision to adopt or
enter into project stabilization agreements or project labor
agreements for district construction or facilities projects is within
the sole discretion of the board.