California State PTA action on legislation is aimed primarily at the state government level and on ballot measures that appear on statewide election ballots. The California State PTA Board of Managers is responsible for action on state legislation and state ballot measures. The California State PTA also works with the National PTA in implementing the PTA advocacy program at the federal level.

PTA Legislation Team

The legislation team includes the director of legislation and legislative advocates who specialize in specific issues regarding education, parent involvement, community concerns, and health, as these affect children and youth. PTA has no paid staff for activities on legislation. All members of the team are PTA volunteers who serve on the California State PTA Board of Managers.

The director of legislation manages the California State PTA legislation program and works on bills that do not fit into one of the subject matter categories. These include matters such as tax bills and all ballot measures.

The advocates work directly with state legislators and their staffs; with members of allied organizations; and with other interested parties on bills selected for PTA advocacy.

Commissions are responsible for preparing background information and authority for bills in their subject matter area and for recommending appropriate action. Selected bills are sent to members of the Legislation Action Committee for detailed study.

The Legislation Action Committee meets three to four times each year during the legislative session to discuss the bills and subject matter commission recommendations and to determine positions to be taken on each of the selected bills. After the committee meets, a Legislation Action Report is prepared on the bills and positions adopted. It is distributed to all members of the California State PTA Board of Managers, California State PTA Advisory Board Members, to district PTA legislation chairmen, district PTA offices, to members of the California State Legislature, and to councils and units who request the reports.

Once a position has been adopted, the legislation team is responsible for all further actions on the legislation. This includes relaying information on PTA positions to legislators and communicating PTA action on legislation-related matters to the constituent organizations of the California State PTA.

Legislation Program

The PTA membership, through the organization's bylaws and the actions of delegates at California State PTA conventions, directs PTA actions on legislation. The California State PTA Board of Managers is responsible for conducting the affairs of the organization. This includes all action on state legislation and state ballot measures.

SPECIFIC PTA LEGISLATIVE ACTIVITIES

Analyze legislation under consideration in the California Legislature and measures that will appear on statewide election ballots.

Take PTA positions on specific bills and ballot measures as directed by PTA position, statements and resolutions.

Advocate for passage or defeat of selected measures.

Inform members about PTA positions on current legislation and on statewide ballot measures, and encourage local actions when needed.

The nonpartisan policy of the PTA is a requirement of federal law as a condition of PTA’s 501(c)(3) tax-exempt status. The nonpartisan policy permits action on issues. PTA supports or opposes issues but never candidates or parties (Nonpartisan Policy 1.3.3, 16).

PTA may not devote more than an insubstantial part of its activities and budget to influence legislation.

ACTION ON LEGISLATION

Action on legislation is an integral part of PTA work. California State PTA action on legislation and ballot measures is based on the Legislative Platform, California State PTA Position Statements, and California State PTA and National PTA convention resolutions. The National PTA and California State PTA, as advocates for children and youth, carry out an active, effective legislation program.

AUTHORITY FOR PTA ACTION ON LEGISLATION

The California State PTA Legislation Platform lays the specific framework for PTA action on legislation. The platform, adopted every two years (even-numbered years) by delegates at the California State PTA Convention, establishes authority and direction for deciding what measures PTA should select for action on legislation. It defines the fields of PTA interest and the scope of legislation appropriate for PTA action.

California State PTA Legislation Policies, adopted every two years (odd-numbered years) by California State PTA convention delegates, guide how action on legislation may be taken by the California State PTA and its unit, council and district PTAs. Procedures are adopted by the California State PTA Board of Managers.

The California State PTA Legislation Platform and Policies direct that legislation and ballot measures selected for action by the California State PTA must affect the education, health, and well-being of California’s children and youth; must be of statewide significance; and must fit within the Purposes of the PTA organization and the framework of the Legislation Platform and be consistent with recorded PTA positions.

Sources of authority and direction for specific PTA positions on legislative bills and statewide ballot measures include:

• The Legislation Platform principles and planks;
• Convention resolutions adopted by California State PTA convention delegates;
• Position statements and resolutions adopted by the California State PTA Board of Managers;
• National PTA convention resolutions;
• National PTA Board of Directors position statements and legislative directives;
• Previous PTA action on the same issue; and
• Purposes of the PTA.

California State PTA Legislative Bill Positions

For legislative bills that have significant impact on children and youth and fall within the framework of the legislation platform, priorities, and current PTA positions, the California State PTA may adopt one of the following bill positions:

Support: Legislation considered to be of great importance and beneficial to the welfare of children and youth. Will work actively to seek pas-sage of these bills.

Oppose: Legislation considered to be very harmful to the welfare of children and youth. Will work actively to seek defeat of these bills.

Oppose Unless Amended: Legislation that contains some provisions in conflict with established PTA positions. The California State PTA legislative advocate will work with the bill's author to change the bill. If the bill is amended so that it is no longer objectionable, PTA would change its position.

Support if Amended: Legislation PTA would support, except that it contains a part (or parts) PTA would like changed. If the bill is amended to accommodate the PTA concern or recommendations, the California State PTA will work to secure its passage.

Seek Amendments: Legislation that addresses an important PTA issue, but the bill is not complete, or the author intends to work further on the bill through amendments. Legislation advocate will work with the author and with allied organizations to secure appropriate changes or to help shape the bill. Future amendments could result in the PTA taking an active support or oppose position.

Approve: Legislation that PTA could support but does not actively seek passage of because the bill is not currently a high priority for PTA action or does not need active support from the California State PTA.

Watch: Legislation that could be important, but the PTA does not take an active position of support or oppose. The California State PTA follows these bills and includes them on any legislation reports. Future amendments to the bills could result in PTA taking an active position.

When a bill has been amended so that the content is changed significantly, the bill is re-examined to determine if the content is still appropriate for PTA action on legislation and whether a change in position is indicated. If the content is no longer within the scope of PTA action on legislation, the PTA position is dropped.

POSITIONS ON STATE INITIATIVES AND PROPOSITIONS

Support: The initiative considered to be of great importance and beneficial to the welfare of children and youth. Will work actively to seek pas-sage of the initiative.

Oppose: The initiative is considered to be very harmful to the welfare of children and youth and is in conflict with the Purposes of the PTA. Will work actively to seek defeat of the initiative.

If the California State PTA has decided to take no position on a qualified statewide ballot measure, unit, council and district PTAs may take action locally, provided there is a vote of the general membership, and the vote is recorded in the minutes (California State Legislation Policies, and Procedures No. 10, 4.2.5j, 126).

Legislation Platform

Presented to convention delegates for adoption in even numbered years.

PREAMBLE

The legislation program of the California Congress of Parents, Teachers, and Students, Inc., is derived from the work of the PTA in home, school, and community. PTA efforts "to secure adequate laws for the care and protection of children and youth" are based upon recognition of the home as the foundation of our society, the responsibility of the PTA for parent education, the appreciation of our national heritage, the observance and understanding of the rights and obligations of responsible citizenship, and the realization that maintaining a free and public education system is the cornerstone of democracy.

General Principles for Consideration of Proposed Legislation

1. Equal justice, equal privileges, equal opportunities, and equal responsibilities in every phase of life for all children and youth, while recognizing that each child is unique with individual needs and talents.

2. High standards for those who work in all areas concerned with children and youth.

3. Coordination and planning by all agencies with clear definition of responsibility at each level of government.

4. Establishment of and adherence to fiscal responsibility in government, with concern for fair taxation but keeping priorities for the needs of all children and youth foremost.

5. Adherence to strict ethical practices in political campaigns and at all levels of government.

6. Strong and broadly-based tax structures at state and local levels.

7. Budgets and financial support to provide needed public services for all children and youth with the continued constitutional guarantee of financial support for public schools as the first claim on all state revenues in the general fund.

8. Maximum local control when it serves the best interest of all children and youth.

LEGISLATION PLANKS

The California State PTA will support legislation:

1. To provide the most comprehensive and diversified education possible for all children, youth and adults: education that will achieve quality and excellence, encourage maximum individual development, and provide equal educational opportunity for each student.

2. To secure financing for public education that will be sufficient to provide optimum educational opportunity for all students including state aid to school districts for building purposes as well as state funds to cover excess costs of all programs mandated by the Legislature.

3. To attain quality counseling and guidance services, school health services and library services at all educational levels.

4. To ensure both pre-service and inservice teacher preparation programs, remuneration, supportive services and professional security designed to attract qualified men and women and to retain them in the teaching profession.

5. To provide guidelines for assessing competence in the teaching profession and to provide for due process in dismissal procedures.

6. To encourage state, county, regional, and local school district organizations and public educational governance structures that effectively serve the needs of all students and maximize the delivery service.

7. To include parents/guardians in decisions that affect the education and well-being of their children and to promote their involvement in their children's education and schools.

8. To give students the skills they need to become effective citizens and parents.

9. To protect and improve the health of all families through the prevention, treatment and control of disease.

10. To extend and improve physical and mental health services and facilities, including rehabilitation.

11. To protect families from unsafe, impure or ineffective drugs, foods, medical devices and cosmetics.

12. To prevent, control or eliminate hazards to the health, safety and well-being of all children and youth.

13. To require state and local government to publicize and disseminate information regarding issues affecting the public's well-being.

14. To provide effective community services and facilities for all children, youth and adults, directed toward the well-being of the family.

15. To promote public policy which contributes to the stability of families and to adequate physical, emotional and financial support of children and youth.

16. To provide services and facilities for the care and protection of abused, dependent, neglected or abandoned children and youth.

17. To secure specialized programs for the prevention of crimes and misdemeanors committed by juveniles as well as for the treatment and rehabilitation of juvenile offenders.

18. To promote public policies that protect and conserve natural resources and provide a quality environment for present and future generations.

California State PTA Legislation Policies and Procedures

Presented to convention delegates for adoption in odd-numbered years.

Policies adopted by convention delegates May 2003. Procedures adopted by California State PTA Board of Managers.

POLICY 1

The State Board of Managers of the California State PTA is responsible for taking action on state legislation and statewide initiative petitions or propositions that have qualified for the statewide ballot.

Until the California State PTA Board of Managers has taken a position on a state issue, support or opposition should not be expressed in the name of PTA.

A legislation action committee is authorized to act on behalf of the State Board of Managers when taking positions on legislative bills. Such action must conform to established PTA positions and must be reported immediately to the California State PTA Board of Managers. The legislation action committee shall include, but not be limited to, the president, first vice president, director of legislation, legislation advocates, two district PTA presidents, the chairman, and one other member of each commission on community concerns, education, health, parent involvement, and one member each of the communications and leadership services commissions.

In order to maintain a strong united position, contacts to legislators in the name of PTA shall be made by persons authorized by the State Board of Managers or by unit, council and district PTAs and their members in response to California State PTA Legislation Alerts and calls for action.

Unit, council and district PTAs are urged to communicate to the State Board of Managers their studies, opinions, and recommendations at any time.

POLICY 2

Legislative measures selected for action by the State Board of Managers must be of statewide significance; and must fit within the Purposes of the PTA and within the framework of the Legislation Platform adopted by the convention delegates.

A measure is considered to be a proposed bill in the Legislature, a proposed statewide initiative petition, or a proposition which has qualified for the statewide ballot.

In selecting measures for action, the California State PTA Board of Managers shall consider:

• Studies made by the California State PTA Board and by units, councils and district PTAs, with supporting information;
• Position statements adopted by the California State PTA Board of Managers;
• Membership opinion as reported by the district PTA presidents;
• Resolutions adopted by the delegates at annual State conventions;
• Information from authoritative and professional sources;
• Historical positions on bills with the same subject matter or intent; and
• National PTA positions that are consistent with current California State PTA positions.

POLICY 3

Any position on legislation adopted by the California State PTA Board of Managers remains in effect until the subject has been reviewed and new action taken according to adopted procedures.

A change in position is necessary at times when a bill has been amended. If this occurs at a time when the legislation action committee is not scheduled to meet, the advocate working the bill will contact the subject matter commission chairman, the director of legislation, and the president to request a "change in position."

Bills requiring immediate action between meetings of the California State PTA Board of Managers or legislation action committee shall be considered by a task force consisting of the California State PTA president, first vice president, director of legislation; and appropriate subject matter vice president(s) in consultation with the advocate(s) who will carry the bill. Any such action must be ratified at the next regular meeting of the legislation action committee.

A position is considered a continuing position if it is clearly affirmed by prior California State PTA action on legislation convention resolutions, current position statements as printed in the California State PTA Toolkit (Where We Stand: Position Statements 4.5,133-181) or National PTA resolutions and positions consistent with current California State PTA positions.

A continuing position with respect to proposed legislation may be communicated to legislators, legislative committees and other concerned agencies and organizations by person(s) so authorized by the California State PTA Board of Managers, provided that:

• The appropriate commission chairman and director of legislation concur in such a position; and
• Action taken under this procedure will be reported (a) immediately to the California State PTA president and Board of Directors, and (b) to the Board of Managers at its next meeting.

POLICY 4

All action on legislation taken by the California State PTA Board of Managers must be reported by the Board to district PTAs and be available upon request to unit, council PTAs , and the membership.

When positions are adopted on state legislative bills by the Legislation Action Committee:

• The positions shall be made available via an information alert sent through the California State PTA Legislative Listserv, which includes the District PTA Presidents and other members of the Board of Managers.
• Positions on legislative bills shall be maintained and displayed on the California State PTA website. The PTA rationale for each position on each bill shall be included in the bill folders as a note for each bill.
• Unit, council and district PTAs of the California State PTA may access PTA positions on legislative bills, along with the rationale, on the California State PTA website
• The position and rationale shall also be made available upon request to councils, units and the membership.

When positions are adopted on state ballot measures:

• The rationale for California State PTA Board action shall be prepared by the California State PTA Board of Managers and distributed to unit, council and district PTAs;
• The position and rationale shall be presented to the membership by the units.

POLICY 5

Any California State PTA action on legislation represents the official position of the organization and shall not be interpreted as representing the personal opinion or conviction of every individual PTA member.

POLICY 6

Unit, council and district PTAs should promote the California State PTA position and may be requested to give active support. While unit, council and district PTAs are not required to work actively for any position, they may not officially oppose a stand taken by the State Board of Managers. Expressed membership disapproval of a position on legislation should be communicated to the California State PTA Board of Managers through regular channels, with a report of the extent of and reasons for the disapproval.

Unit, council, district PTAs, or executive boards need not vote to affirm a California State PTA position in order to support the position.

When reporting a position of the California State PTA, a unit, council or district PTA may also inform the membership of opposing views.

If a unit, council or district PTA desires to express disapproval of a California State PTA Board position on legislation to the California State PTA Board of Managers, a study of both sides of the issue should be made by the disagreeing group, and results of the study (with supporting material) should be forwarded to the California State PTA Board of Managers.

POLICY 7

Any unit, council or district PTA may recommend action on legislation to the California State PTA Board of Managers.

Proposals shall indicate the source of the recommendation.

Approved proposals from units and councils first shall be presented to the district PTA for consideration.

The district PTA shall review each proposal and either promptly forward it to the California State PTA Board (with or without endorsement or comment) or shall return it promptly to the originating body with full explanation of the reasons for failing to forward it to the California State PTA Board.

If, after reconsidering the proposal, the unit or council votes to resubmit its recommendation to the California State PTA Board of Managers, the district PTA president or acting president must immediately forward it.

Each proposal should be accompanied by background information and the reasons for the recommendation.

POLICY 8

When a state legislative measure affects a local or regional area only, the California State PTA Board of Managers may authorize the district PTA concerned to take action on the measure. The district PTA affected must consult the California State Board of Managers before taking action.

The measure must have serious implications for children and youth within that local or regional area.

The measure must fit within the Purposes of PTA and the Legislation Platform and any proposed action must be consistent with previously adopted California State PTA positions.

A written communication from the district PTA stating local impact of the measure and copies of the bills must be provided by the district PTA to the director of legislation.

After a position has been taken, the district PTA shall report that action to the director of legislation.

Any advocacy of the district PTA’s position is the responsibility of the district PTA and must be preceded or accompanied by a statement making it clear that the district PTA spokesman represents a PTA area, is not speaking for the California State PTA, but does have California State PTA clearance to act for the district PTA.

The district PTAs concerned must accept complete responsibility for communicating their positions on legislation, their actions, and the results to their membership in a timely manner.

Before taking a position on any measure, the district PTA must take a vote of the district PTA at a general membership meeting.

POLICY 9

Unit, council and district PTAs are responsible for taking action on local issues originating in school districts, cities, regions, or counties, if such action fits within the framework of the Purposes of PTA and Legislation Platform, adheres to PTA policies, and affects the well-being of children and youth.

The proposed issue shall be carefully studied in order to determine the need for it and to understand its provisions and probable results.

A unit should consult the council, a council should consult the PTA district for advice and coordination of efforts and the PTA district president should be informed of any projected study by a unit or council.

All of the councils and out-of-council units within a district PTA affected by the issue must be informed, and a majority of the councils within the district PTA must vote in agreement on the proposed action.

All of the PTA councils and out of council units within a PTA district affected by the issue must be informed and a majority of the councils within the PTA district must vote in agreement on the proposed action.

POLICY 10

If a unit, council or district PTA has an interest in any statewide legislative issue or ballot measure already qualified pertaining to the welfare of children and youth upon which the California State PTA Board of Managers decided not to take action, action may be taken locally.

The issue or ballot measure must fit within the Purposes of PTA and the California State PTA Legislation Platform, adhere to PTA policies, and affect the well-being of children and youth.

Before a unit, council or district PTA takes a position on a statewide measure, a study, including information from all sides of the issue, should be conducted.

Before taking action, the unit, council or district PTA must take a vote at a general membership meeting and record the results in the minutes.

When no action is planned and information only is being presented to membership, both sides of the issue must be provided.

POLICY 11

Informational material on legislative issues may be sent home with students when permitted by local school district policy.* Consideration should be given to whether it is more advisable to mail material if the content might be viewed as controversial.

*State law requires school districts to adopt policies regarding sending material home with students.

Only informational materials on legislative issues may be distributed via the students. Informational materials must provide "a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure." (See California Education Code, Section, 7054 (b)(2).)

Advocacy materials provide biased information about the issues and often tell the voter how to vote on a specific issue. This information must never be sent home with students. To do so violates IRS rulings governing 501(c)(3) organizations.

If there is a question regarding whether legislation material is advocacy or informational, consult the district PTA president or the appropriate school district personnel.

The school site administrator must authorize in writing the distribution of all legislation material considered to be informational before it can be sent home with students or electronically posted on a school website.

Each unit must maintain a file of all legislation materials distributed via students. The file should include a copy of every piece of legislation material with the site administrator's written authorization for the distribution of that piece attached.

Many of the materials in this Web site are available in Adobe Acrobat PDF format. The Acrobat reader is a free download from Adobe Software.