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Peer Assistance and Review

Frequently Asked Questions (FAQs) about how the Peer Assistance and Review program is affected by the flexibility provisions from education trailer bill Senate Bill 4 of the 2009-10 Third Extraordinary Session (SBX3 4).

Note: Please refer to the Fiscal Issues Relating to Budget Reductions and Flexibility Provisions guidance letter for information on provisions that apply to all programs. The letter covers such matters as the public hearing requirement, base year funding provisions, and how funding reductions will be calculated.

  1. Are there conditions placed upon local educational agencies (LEAs) seeking to utilize the flexibility provision of SBX3 4?
    Per SBX3 4 Section 15, Education Code Section 42605(c)(2), “As a condition of receipt of funds the governing board of the county office of education, as appropriate, at a regularly scheduled open public hearing shall take testimony from the public, discuss, and approve or disapprove the proposed use of funding.” No other conditions are placed on the use of flexibility.
  2. Per Education Code Section 44503(a), “The governing board of a school district that accepts state funds for (this program) agrees to negotiate the development and implementation of the program with the exclusive representative of the certificated employees in the district.” Does SBX3 4 supersede this requirement? How shall the union agreements regarding teacher participation, stipends, and the existence of the Peer Assistance and Review (PAR) Joint Panel and its members be addressed?
    SBX3 4 provides a flexibility provision for the use of PAR funds. However, nothing in this statute alters any existing contract or bargaining agreements that the LEA may have in place. An LEA should look to the terms of these contracts and agreements and speak with local counsel for additional information.
  3. The PAR program provides stipends to the consulting teachers (mentors) supporting veteran teachers participating in this program. Will consulting teachers continue to receive a stipend/portion of stipend mid-year?
    LEAs may utilize all of their PAR funds to provide services for the program or they may use all or part of their PAR funds for other educational purposes and/or other categorical programs. LEAs will be deemed to be in compliance with the PAR program and funding requirements contained in statutory, regulatory, and provisional language. However, nothing in this statute alters any existing contract or bargaining agreements that the LEA may have in place. An LEA should look to the terms of these contracts and agreements and speak with local counsel for additional information.
  4. Will funds for this program stay within the realm of categorical program activities related to professional development, or can they be used for other educational purposes?
    LEAs may utilize all of their PAR funds to provide services for the program or they may use all or part of their PAR funds for other educational purposes and/or other categorical programs. LEAs will be deemed to be in compliance with the PAR program and funding requirements contained in statutory, regulatory, and provisional language.
  5. If an LEA uses the flexibility provision of SBX3 4 Section 15, Education Code Section 42605(d), will it be considered to be in compliance with the requirements of PAR?
    LEAs may utilize all of their PAR funds to provide services for the program or they may use all or part of their PAR funds for other educational purposes and/or other categorical programs. LEAs will be deemed to be in compliance with the PAR program and funding requirements contained in statutory, regulatory, and provisional language.
  6. Will funds allocated for PAR in 2008-09 be expanded to LEAs currently not participating in this program? Which LEAs will receive PAR funds in 2009-10?
    Only LEAs that have applied and are currently receiving funds for PAR will receive PAR funds from 2008-09 through 2012-13.
Questions:   Fiscal Policy | FLEX@cde.ca.gov
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