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Bills on the Move

By Andrew Keller - April 1, 2010

 

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After Spring Recess, Legislators will return to take up an additional round of bills. Next Tuesday, April 6th, the Assembly Education Committee will hear testimony on twenty four bills. Topics under discussion include charter schools, pupil records, turning around the lowest-achieving schools, and of course…finance. Below are summaries of these bills.

 

Finance

AB 1683 (Torres) Education: finance.  
Introduced: 1/26/2010
Status: 2/4/2010-Referred to Com. on ED.

Summary: Existing law requires applicants or contracting agencies that operate a state preschool program to give first priority for participation to neglected or abused children who are recipients of child protective services, or recipients who are at risk of being neglected or abused, as specified.  This bill would state findings and declarations of the Legislature regarding children of youth who are in custody, on probation, or are in the foster care system.  The bill would require priority for participation in state preschool programs also to be given to children who have a biological custodial parent who is, or who has been within the previous six months, a dependent or ward of the juvenile court pursuant to specified provisions of law.  The bill would prohibit priority enrollment from being used to displace children who are currently receiving care. This bill contains other related provisions and other existing laws.

 

AB 2265 (Salas) Pupil achievement: California Longitudinal Pupil Achievement Data System.
Introduced: 2/18/2010
Status: 3/11/2010-Referred to Com. on ED.

Summary: Existing law requires the State Department of Education to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on the STAR Program, English language development tests, and the high school exit examination, known as the California Longitudinal Pupil Achievement Data System.  This bill would require the department to allocate specified funding, subject to funds being appropriated in the annual Budget Act, as part of a local data management support program, to local educational agencies and direct-funded charter schools that complete specified acts. Local educational agencies and direct-funded charter schools would be limited in the use of these funds for specified activities.

 

Curriculum & Instruction

AB 1741 (Coto) Public schools: persistently lowest-achieving schools.
Introduced: 2/8/2010  Last Amended: 3/10/2010
Status: 3/11/2010-Re-referred to Com. on ED.

Summary: The federal American Recovery and Reinvestment Act of 2009 provides $4.3 billion for the State Incentive Grant Fund (Race to the Top Fund), which is a competitive grant program designed to encourage and reward states that are implementing specified educational objectives.  The United States Secretary of Education has issued regulations and guidelines regarding state eligibility under the Race to the Top program, including specified provisions relating to turning around schools identified as persistently lowest-achieving schools.  Under those provisions, a local educational agency governing a school identified as a persistently lowest-achieving school is required to implement one of 4 interventions, as specified under those federal regulations and guidelines.  Under the restart model, one of the specified interventions, a local educational agency would convert a school or closes and reopens a school under a charter school operator, a charter management organization, or an education management organization.  This bill would require a local educational agency that elects to convert a school or to close and reopen a school under a charter school operator or a charter management organization to select a charter school operator or management organization that meets certain additional requirements relating to the needs of English learners.

 

AB 2211 (Fuentes) Work-based learning.  
Introduced: 2/18/2010
Status: 3/11/2010-Referred to Com. on ED.

Summary: Existing law authorizes school districts that maintain high schools to establish work experience programs for the purpose of providing pupils with instruction in skills, attitudes, and understandings necessary for success in employment.  This bill would state the findings of the Legislature regarding work-based learning, as defined.  This bill would authorize school districts that maintain high schools to establish work-based learning programs, and to purchase liability insurance for pupils enrolled in programs of study involving work-based learning, off school grounds.  The bill would authorize partnership academies, regional occupational programs, and other educational programs to deliver work-based learning opportunities for pupils that may include work experience education, community classrooms, cooperative career technical education programs, and job shadowing experience, as specified.  The bill would require the State Board of Education, pursuant to recommendations made by the Superintendent of Public Instruction, to adopt model standards in work-based learning.  The bill would encourage school districts to submit specified information relating to work based learning to the department, and would encourage the department to post this information on its Internet Web site.  This bill contains other related provisions.

 

AB 2298 (Torlakson) Education: physical education.
Introduced: 2/18/2010  Last Amended: 3/25/2010
Status: 3/25/2010-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

Summary: Existing law requires the California Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools.  The department must compile or cause to be compiled and printed a manual in physical education for distribution to teachers in the public schools.  The department must also encourage school districts offering instruction in kindergarten and any of grades 1 to 12, inclusive, to the extent that resources are available, to provide quality physical education, as specified.  This bill would require the department to periodically update the rules and regulations relating to physical education consistent with the Education Code and content standards developed by the State Board of Education.  The bill would specify that the physical education manual that must be distributed to teachers in the public schools be consistent with the requirements for physical education outlined in the Education Code and the content standards adopted by the state board.  This bill contains other related provisions and other existing laws.

 

AB 2446 (Furutani) Graduation requirements.  
Introduced: 2/19/2010  Last Amended: 3/24/2010
Status: 3/25/2010-Re-referred to Com. on ED.

Summary: Existing law prohibits a pupil from receiving a diploma of graduation from high school unless he or she completes specified requirements, including, but not limited to, completing one course in visual or performing arts or foreign language.  This bill would add completion of a course in career technical education, as defined, as an alternative to the requirement that a pupil complete a course in visual or performing arts or foreign language.

 

AB 2705 (Hall) Education: physical education.  
Introduced: 2/19/2010
Status: 3/18/2010-Referred to Com. on ED.

Summary: Existing law authorizes specified school districts to enter into joint use agreements with other public entities for operation of joint use facilities.  This bill would state the intent of the Legislature to increase the flexibility of joint use policies and practices that will allow schools and communities to optimize resources, share costs, and identify creative solutions to increase access to safe places to play and exercise.  This bill contains other related provisions and other existing laws.

 

Human Resources

AB 1989 (Mendoza) County boards of education: election.
Introduced: 2/17/2010
Status: 3/4/2010-Referred to Com. on ED.

Summary: Existing law requires that a county board of education consist of five or seven members to be determined by the county committee on school district organization, except in a city and county, and that each member of the board be an elector of the trustee area that he or she represents and be elected by the electors of the trustee area.  Existing law provides that in a chartered county the manner of selection of the county board of education is required to be prescribed in the county charter or by the county board of supervisors.  This bill would delete the provision regarding chartered counties, thereby requiring members of the county board of education in those counties to be elected at the direct primary election held in 2014 by the voters of the trustee area that the member will represent.  Four of the seven seats, or three of the five seats, on these county boards of education would be open for election to initial four-year terms and three of the seven seats, or two of the five seats, would be open for election to initial two-year terms.  The bill would require subsequent elections be held on the date of the direct primary elections and to be for four-year terms.  The term of office would begin on the first day of July.  The county committee on school district reorganization, by a 2/3rds vote of the members and pursuant to existing law, would determine the boundaries of the trustee areas using the most recent decennial federal census.  By increasing the duties of local elections officials, this bill would impose a state-mandated local program.  This bill contains other related provisions and other existing laws.

 

AB 2685 (De La Torre) Schools: criminal background of employees and board members. 
Introduced: 2/19/2010  Last Amended: 3/25/2010
Status: 3/25/2010-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

Summary: Under existing law, any registered voter is eligible to be a member of the county board of education, except as specified.  Existing law also authorizes any person who is 18 years of age or older, who is a resident of the school district, and who meets other specified requirements to be elected or appointed to the governing board of a school district.  This bill would require a person who is elected, appointed, or is otherwise selected to serve on those boards to successfully complete a criminal background check, as specified, prior to taking office.  By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

Facilities

AB 2161 (Fong) School districts: contracts: formal bids: school facilities: notices.  
Introduced: 2/18/2010
Status: 3/24/2010-In committee: Set, first hearing. Hearing canceled at the request of author.

Summary: Existing law requires that a school district that seeks to let a contract involving a specified minimum expenditure for the purchase of equipment, materials, or supplies to be furnished, sold, or leased to the school district, or involving a specified minimum expenditure on a public project, publish a notice calling for bids on the contract at least once a week for two weeks in specified newspapers, stating the work to be done or materials or supplies to be furnished and the time when and place where the bids will be opened.  Existing law also allows the notice to be posted on the district's Internet Web site or through an electronic portal.  This bill would additionally require, for the purpose of securing bids for the construction of school facilities, notice to be posted by the governing board on the district's Internet Web site or through an electronic portal, or on another Internet Web site or electronic portal if the district does not maintain an Internet Web site.  By imposing new requirements on school districts, this bill would impose a state-mandated local program.  This bill contains other related provisions and other existing laws.

 

Miscellaneous

AB 1839 (Torrico) Schools: safety.
Introduced: 2/12/2010  Last Amended: 3/25/2010
Status: 3/25/2010-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

Summary: Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security or a police department under the supervision of a chief of police and under the direction of the superintendent of the school district.  The governing board is authorized to employ personnel to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district.  In addition, a school district is authorized to assign a school police reserve officer who is deputized to a school site to supplement the duties of school police personnel.  This bill would establish the Safe Schools Initiative , under which the Superintendent of Public Instruction would award grants to school districts with high schools located in areas with the highest crime rates.  A grant recipient would be required to use funds awarded to employ at least one police officer to provide services at the high school or high schools in the school district that qualified the school district for the award.  The grant program would be funded by a 0.025% augmentation of the vehicle license fee that would be imposed on vehicles with a market value of $50,000 or more.  This bill contains other related provisions.

 

AB 1909 (Nestande) Charter schools: authorization: community college governing boards.  
Introduced: 2/16/2010  Last Amended: 3/25/2010
Status: 3/25/2010-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

Summary: The Charter Schools Act of 1992 authorizes the governing board of a school district to grant a petition to establish a charter school.  The act authorizes a county board of education to grant a charter petition upon the denial of the petition by a school district and authorizes a county board to grant a petition to establish a countywide charter school.  The act authorizes the State Board of Education to grant a charter petition upon the denial of the petition by a school district and a county board and authorizes the state board to grant a petition to establish a statewide charter school.  This bill would authorize the governing board of a community college district to grant a petition to establish a charter school within a school district in which the community college district maintains a campus.  The bill also would require the governing board of a community college district to assume all of the duties, responsibilities, functions, and obligations that the governing board of a school district assumes when it grants a charter, as specified.  The bill would provide that a petition is eligible for consideration by the governing board of a community college district if the petitioner's intent is to provide an innovative approach that maximizes the educational opportunities available to secondary school pupils and encourages a partnership between a charter school and the community college district, as specified.  The bill would require the California Department of Education, by January 1, 2014, to prepare an analysis of the efficacy of community college districts authorizing petitions for charter schools and provide the analysis to the state board, the Governor, the Chancellor of the California Community Colleges, and the Senate and Assembly Committees on Education.

 

AB 1922 (Davis) Civil rights education: California Civil Rights Education Commission.  
Introduced: 2/16/2010
Status: 3/11/2010-Referred to Coms. on ED. and B. & P.

Summary: Existing law establishes the system of public elementary and secondary schools in this state.  Existing law establishes courses of study to be pursued by elementary and secondary school pupils.  The California Department of Education is required to incorporate, into publications that provide examples of curriculum resources for teacher use, those materials that are age-appropriate and consistent with subject frameworks on history and social science that deal with civil rights, human rights violations, genocide, slavery, and the Holocaust.  This bill would establish the 15-member California Civil Rights Commission in state government.  The bill would require the commission to provide information and coordination and facilitation services with respect to courses and programs that relate to the civil rights movement, and to provide assistance to education officials and community organizations.  The bill would specify the procedure for the appointment of the members of the commission.  The bill would provide that members of the commission would receive no compensation for their services, but would be reimbursed for the expenses they incur while performing their duties.  The commission would be authorized to hire employees and enter into contracts for goods and services.  The commission would also be authorized to apply for, and receive, gifts and grants from public and private sources.  This bill contains other related provisions.

 

AB 2013 (Arambula) Education: alternative school performance.  
Introduced: 2/17/2010
Status: 3/4/2010-Referred to Com. on ED.

Summary: Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop an Academic Performance Index (API) to measure the performance of schools, as specified.  The API score is used to rank schools, and set growth and performance targets for schools.  This bill would include independent study programs in the alternative schools for which the Superintendent is required to develop an alternative accountability system and require all alternative schools serving high-risk pupils to participate in the alternative accountability system, regardless of the percentage of high-risk pupils enrolled.  This bill contains other related provisions and other existing laws.

 

AB 2178 (Torlakson) After School Education and Safety Program.  
Introduced: 2/18/2010
Status: 3/4/2010-Referred to Com. on ED.

Summary: Existing law establishes the After School Education and Safety Program for the purpose of creating incentives for establishing locally driven before and after school enrichment programs both during schooldays and summer, intersession, or vacation days that partner public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth.  Existing law authorizes a program to operate a before school component, an after school component, or both the before and after school components, on one or multiple school sites.  Existing law awards grants to qualified applicants.  This bill, to the extent consistent with federal and state privacy laws, would authorize local educational agency grantees funded pursuant to the After School Education and Safety Program to submit specified data to each operator of an after school program.  This bill contains other related provisions and other existing laws.

 

AB 2266 (Bradford) School district records.  
Introduced: 2/18/2010
Status: 3/11/2010-Referred to Com. on ED.

Summary: Existing law requires the Secretary of State, in consultation with the Department of General Services, to approve and adopt appropriate standards for the purpose of storing and recording documents in electronic media and requires the standards to include a requirement that a trusted system, as defined, be used.  This bill would authorize copies when provisions are made for permanently maintaining the copies in a trusted system, as defined, and the reproductions are made in compliance with specified minimum standards or guidelines, or both.  This bill contains other existing laws.

 

AB 2320 (Swanson) Charter schools: accountability.  
Introduced: 2/19/2010
Last Amended: 3/22/2010
Status: 3/23/2010-Re-referred to Com. on ED.

Summary: The Charter Schools Act of 1992 (Charter Schools Act) authorizes any one or more persons to submit a petition to the governing board of a school district to establish a charter school that operates independently from the existing school district structure as a method of accomplishing specified goals.  The act prohibits the governing board of a school district from denying a charter petition unless it makes one of several specified written factual findings, including, among others, that the petition does not contain reasonably comprehensive descriptions of several specified items.  This bill would add various items to that list requiring reasonably comprehensive descriptions, as specified.  This bill contains other related provisions and other existing laws.

 

AB 2363 (Mendoza) Charter schools: authorization.  
Introduced: 2/19/2010
Last Amended: 3/23/2010
Status: 3/24/2010-Re-referred to Com. on ED.

Summary: The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect.  The act allows a charter petition to be submitted to the governing board of a school district for review after the petition has been signed by a number of parents or guardians of pupils that is equivalent to at least 1/2 of the number of pupils that the petitioner estimates will enroll in the charter school for its first year of operation or has been signed by a number of teachers that is equivalent to at least 1/2 of the number of teachers that the petitioner estimates will be employed at the charter school during its first year of operation.  This bill, in addition, would require that a charter petition signed by a number of teachers that is equivalent to at least 1/2 the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation also be signed by a number of classified employees that is equivalent to at least 1/2 of the number of classified employees the petitioner estimates that the charter school will employ during its first year of operation prior to submission to the governing board of a school district for review .  This bill contains other related provisions and other existing laws.

 

AB 2543 (Lowenthal, Bonnie) Charter schools: renewal.  
Introduced: 2/19/2010
Status: 3/18/2010-Referred to Com. on ED.

Summary: The Charter Schools Act of 1992 authorizes the governing board of a school district, a county board of education, or the State Board of Education to grant a petition to establish a charter school according to specified procedures.  The act provides that a charter may be granted for a period not to exceed 5 years.  The act authorizes each of those chartering authorities to grant one or more subsequent renewals of a charter that it authorized.  The act requires that each renewal be for a period of five years.  This bill would require the governing board of a school district or a county board of education to approve or deny a renewal petition submitted by a charter school authorized by that board no later than December 1 of the renewal year.  The bill would authorize a charter school to appeal a district board's denial of a renewal petition to the county board of education, or to appeal a county board's denial of a renewal petition to the state board, within 30 days of the date of the denial.  By requiring county boards of education to perform additional duties by hearing appeals of renewal denials, the bill would impose a state-mandated local program.  This bill contains other related provisions and other existing laws.

Editor's Note: Andrew Keller is the Legislative Assistant for Governmental Solutions Group, LLC, a policy consulting and legislative advocacy firm.