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Bills on the Move

By Andrew Keller - August 5, 2010

 

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Legislators had plenty of work to do this week upon returning from summer recess.  Most of the bills heard this week were in the Appropriations committees.  Here are some of the bills heard in Appropriations this week.

 

Finance

SB 1161 (Lowenthal D) Education: school finance.  
Introduced: 2/18/2010  Last Amended: 4/20/2010
Status: 7/1/2010-From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) Re-referred to Com. on APPR. (Heard in committee on June 30.)

Summary: Existing law, the Leroy F. Greene School Facilities Act of 1998, provides the funding for the new construction and modernization of school facilities.  A procedure is provided for school districts to apply for funding school construction or modernization pursuant to this act.  This bill would require the Office of Public School Construction to notify the board if certified eligibility or funding application information is found to contain a material inaccuracy and would delete the exception from the prohibition for the district's repayment.  The bill would require the board to set forth the reasons for its decision regarding both the prohibition on self-certification and the term of the prohibition, if applicable, in a regularly scheduled public meeting.

 

Curriculum & Instruction

AB 35 (Furutani D) Education: career technical education and workforce development.  
Introduced: 12/1/2008  Last Amended: 8/2/2010
Status: 8/2/2010-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

Summary: (1) 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, commencing with the 2011-12 school year and until July 1, 2016, 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.  The bill would require the California Department of Education to report to the Legislature, on or before January 1, 2015, the number of pupils who took a career technical education course in order to fulfill this graduation requirement.

 

AB 1922 (Davis D) Civil rights education: California Civil Rights Education Advisory Committee.  
Introduced: 2/16/2010  Last Amended: 6/29/2010
Status: 6/29/2010-Read second time and amended. Re-referred to Com. on APPR.

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 14-member California Civil Rights Education Advisory Committee in the California Department of Education.  The bill would require the advisory committee to study and review the history-social science framework developed by the History-Social Science Curriculum Framework and Criteria Committee of the state board, and advise the State Board of Education and the Curriculum Development and Supplemental Materials Commission on the inclusion of civil rights education in the history-social science framework and criteria for evaluating instructional materials.

 

AB 2027 (Blumenfield D) Online education: school attendance.  
Introduced: 2/17/2010  Last Amended: 7/15/2010
Status: 7/15/2010-From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 30). Read second time and amended. Re-referred to Com. on APPR.

Summary: Existing law establishes the public elementary and secondary school system in this state, and further establishes a funding system pursuant to which the state apportions funds to local educational agencies based on the average daily attendance of pupils at the schools operated by those agencies.  Numerous statutes and regulations govern the calculation and reporting of average daily attendance.  This bill, commencing with the 2012-13 fiscal year, would provide that school districts, county offices of education, and charter schools that offer online education courses may claim attendance toward average daily attendance on the basis of a pupil's attendance in an online course or courses that satisfy prescribed criteria.

 

AB 2446 (Furutani D) Graduation requirements.  
Introduced: 2/19/2010  Last Amended: 8/2/2010
Status: 8/2/2010-From committee chair, with author's amendments: Amend, and re-refer to committee.  Read second time, amended, and re-referred to Com. on APPR.

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, commencing with the 2011-12 school year and until July 1, 2016, 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.

 

SB 675 (Steinberg D) Energy job training: Clean Technology and Renewable Energy Job Training, Career Technical Education, and Dropout Prevention Act of 2010.  
Introduced: 2/27/2009  Last Amended: 4/2/2009
Status: 6/29/2010-From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 3.) Re-referred to Com. on APPR. (Heard in committee on June 28.)

Summary: Existing law provides various funding sources for energy efficiency projects and related purposes.  This bill would enact the Clean Technology and Renewable Energy Job Training, Career Technical Education, and Dropout Prevention Act of 2010 and would create the Clean Technology and Renewable Energy Job Training, Career Technical Education , and Dropout Prevention Fund (fund) in the State Treasury.  The bill would provide that the moneys in the fund would be available, upon appropriation by the Legislature, in the form of competitive grants that would be administered by the State Allocation Board and awarded to qualifying entities for the purposes of the construction of new facilities or the reconfiguration of existing facilities to enhance the educational opportunities for program participants, as defined, to provide them with the skills and knowledge necessary for careers directly related to clean technology, renewable energy, or energy efficiency that may also contribute to California's goal in reducing greenhouse gas emissions.  The bill would create the Clean Technology and Renewable Energy Job Training, Career Technical Education, and Dropout Prevention Council comprised of nine members.  The council would be required to issue guidelines to implement the purposes of this act.  The bill would authorize the council to issue and renew negotiable bonds, notes, debentures, or other sources of security of up to an unspecified amount that would be secured by moneys appropriated by the Legislature in the annual Budget Act from the Public Interest Research, Development, and Demonstration Fund.  Proceeds from the sale of the bonds, notes, debentures, or other sources of security would be deposited into the fund.

 

SB 1440 (Padilla D) California Community Colleges: student transfer.  
Introduced: 2/19/2010  Last Amended: 8/2/2010
Status: 8/2/2010-From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

Summary: Existing law establishes the three segments of public postsecondary education in this state.  These segments include the California State University, the campuses of which are administered by the Trustees of the California State University, the University of California, which is administered by the Regents of the University of California, and the California Community Colleges, which are administered by the Board of Governors of the California Community Colleges.  This bill would enact the Student Transfer Achievement Reform Act, which , commencing with the 2011-12 academic year, would require a student that receives an associate degree for transfer to be deemed eligible for transfer into a California State University baccalaureate program when the student meets prescribed requirements.  The bill would condition a community college district's receipt of state apportionment funds on its development and granting of associate degrees for transfer.  This bill would prohibit a community college district from imposing any requirements, in addition to these requirements, for a student to be eligible for the associate degree for transfer, and would prohibit remedial non-collegiate level coursework from being counted towards the units required for the associate degree for transfer.

 

SB 1451 (Yee D) Education: instructional materials.  
Introduced: 2/19/2010  Last Amended: 6/23/2010
Status: 6/23/2010-Read second time. Amended. Re-referred to Com. on APPR.

Summary: Existing law provides that the State Board of Education must adopt regulations to govern the social content reviews, as specified, conducted at the request of a publisher or manufacturer of instructional materials outside the primary and follow-up instructional material adoption processes.  This bill would require the state board, upon completion of the social content review, to inform the Chair of the Assembly Committee on Education, the Chair of the Senate Committee on Education, and the Secretary of Education of content that it interprets to be as a result of a specified action by the Texas Board of Education.  The bill would also require the state board, upon the next adoption of the History-Social Science Curriculum Framework, to ensure that the framework is consistent with specified standards governing instructional materials.

 

Human Resources

SB 1285 (Steinberg D) Education employment.  
Introduced: 2/19/2010  Last Amended: 8/2/2010
Status: 8/2/2010-Read second time. Amended. Re-referred to Com. on APPR. Joint Rule 62(a) file notice suspended.

Summary: (1) Existing law requires that, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the layoffs occur in order of employee seniority.  Existing law provides certain exceptions to this requirement, including an exception for purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.  Existing law requires, for 39 months from the date of termination, that any employee who in the meantime has not attained 65 years of age have the preferred right to reappointment, in the order of original employment, as specified.  Existing law provides certain exceptions to this requirement, including an exception for purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.  This bill would provide that this exception relates to both pupils and certificated employees.  The bill would require that, when classroom teachers, as defined, are subject to notice and layoffs pursuant to these provisions, that the proportion of classroom teachers who provide instruction in a classroom terminated at schools in deciles one to three, inclusive, of the Academic Performance Index terminated at those schools in any given year as part of a reduction in the number of employees pursuant to this section shall be no greater than the proportion, rounded to the nearest whole number of classroom teachers, of classroom teachers noticed and, when applicable, terminated, respectively, in the school district as a whole.

 

SB 1425 (Simitian D) Public retirement: final compensation: computation: retirees.  
Introduced: 2/19/2010  Last Amended: 5/4/2010
Status: 6/23/2010-From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 0.) Re-referred to Com. on APPR. (Heard in committee on June 23.)

Summary: The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS), which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines “final compensation” for purposes of calculating a member's retirement allowance.  The State Teachers' Retirement Law (STRL) and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation.  This bill would provide that any change in salary, compensation, or remuneration principally for the purpose of enhancing a member's benefits would not be included in the calculation of a member's final compensation for purposes of determining that member's defined benefit.  The bill would generally require the board of each state and local public retirement system to establish, by regulation, accountability provisions that would include an ongoing audit process to ensure that a change in a member's salary, compensation, or remuneration is not made principally for the purpose of enhancing a member's retirement benefits.  This bill would revise the definition of “creditable compensation” and would limit the calculation of a member's final compensation to an amount not to exceed the average increase in compensation received within the final compensation period and the two preceding years by employees in the same or a related group as that member.  This bill would also require a board of each state and local public retirement system to establish, by regulation, a requirement that a retired person may not perform services for any employer covered by a state or local retirement system until that person has been separated from service for a period of at least 180 days.  This bill would provide for the implementation of these required changes under the laws that govern PERS and STRL.

 

Facilities

AB 220 (Brownley D) Public education facilities: Kindergarten-University Public Education Facilities Bond Act.  
Introduced: 2/4/2009  Last Amended: 6/23/2010
Status: 6/30/2010-From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (June 30).

Summary: (1) Existing law, the California Constitution, prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (A) authorizes the debt for a single object or work specified in the act, (B) has been passed by a 2/3 vote of all the members elected to each house of the Legislature, (C) has been submitted to the people at a statewide general or primary election, and (D) has received a majority of all the votes cast for and against it at that election.  This bill would enact the Kindergarten-University Public Education Facilities Bond Act of 2010, to become operative only if approved by the voters at the November 2, 2010, statewide general election, and would provide for the submission of that act to the voters at that election.  The bond act, if approved by the voters, would provide for the issuance of $6,100,000,000 of the general obligation bonds to provide aid to school districts, county superintendents of schools, and county boards of education, the California Community Colleges, the University of California, the Hastings College of the Law, and the California State University to construct and modernize education facilities.

 

Miscellaneous

SB 1143 (Liu D) Community colleges: student success and completion.
Introduced: 2/18/2010  Last Amended: 8/2/2010
Status: 8/2/2010-From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

Summary: Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the three segments of public postsecondary education in this state.  This bill would require the board to adopt a plan for promoting and improving student success within the California Community Colleges and to establish a taskforce to examine specified best practices and models for accomplishing student success.  The bill would require the taskforce to develop and present specified recommendations to the board for incorporation into the plan to improve student success and completion within the California Community Colleges.  The bill would require the board, prior to implementation of the plan, to report the contents of the plan, and the recommendations of the taskforce, to specified legislative committees by March 1, 2012.

 

SB 1200 (Leno D) Health care coverage: timeliness of care.  
Introduced: 2/18/2010  Last Amended: 6/1/2010
Status: 6/23/2010-From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 13. Noes 5.) Re-referred to Com. on APPR. (Heard in committee on June 22.)

Summary: Existing law provides for the licensing and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of those provisions by a health care service plan a crime.  Existing law provides for the regulation of health insurers by the Insurance Commissioner.  Existing law requires the department and the commissioner to develop and adopt regulations to ensure that enrollees or insureds of health care service plans and certain health insurers have access to needed health care services in a timely manner pursuant to specified indicators of timeliness.  This bill would add timeliness of care for school age children who must receive medically necessary services during school hours as one of the indicators of timeliness.

 

SB 1357 (Steinberg D) California Longitudinal Pupil Achievement Data System.  
Introduced: 2/19/2010  Last Amended: 6/23/2010
Status: 6/23/2010-Read second time. Amended. Re-referred to Com. on APPR.

Summary: Existing law establishes the California Education Information System, which consists of the California Longitudinal Pupil Achievement Data System (CALPADS) and the California Longitudinal Teacher Integrated Data Education System (CALTIDES).  Existing law requires the California Department of Education under CALPADS to contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data.  Existing law requires local educational agencies to retain individual pupil records for each test taker, including other data elements deemed necessary by the Superintendent of Public Instruction, with approval of the State Board of Education, to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001.  This bill would require the department, contingent on federal funding for this purpose, to prepare CALPADS to include data on a quarterly rate of pupil attendance.  The bill would require that CALPADS be capable of issuing to local educational agencies periodic reports on district, school, class, and individual pupil rates of absence and chronic absentees, as defined.  The bill would state the intent of the Legislature to support the development of early warning systems to identify and support individual pupils who are at risk of academic failure or of dropping out of school.

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