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Bills on the Move

By Andrew Keller - August 12, 2010

 

Bills on the Move.jpg

With the state Legislature back in full swing and an August 13th deadline for bills to pass Appropriations committees in either house, the halls of the Capitol are packed with people looking to push through last-minute legislation. Many of these bills are on Appropriation suspense files, while others are ready to be heard before full Senate and Assembly floor sessions. Here are summaries of the bills looking to survive this Friday, the 13th.

 

Finance

SB 1161 (Lowenthal D) Education: school finance.  
Introduced: 2/18/2010  Last Amended: 4/20/2010
Status: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

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 2027 (Blumenfield D) Online education: school attendance.  
Introduced: 2/17/2010  Last Amended: 7/15/2010
Status: 8/2/2010-In committee: Set, first hearing. Referred to APPR suspense file.

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-In committee: Set, first hearing. Referred to APPR suspense file. 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: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

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: 8/4/2010
Status: 8/5/2010-A. Appropriations.

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 noncollegiate 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: 8/9/2010-Read second time. To third reading.

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 followup 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

AB 1651 (De La Torre D) Public Employees' Retirement Law: furloughs: retirement credit.  
Introduced: 1/13/2010  Last Amended: 5/28/2010
Status: 7/15/2010-In committee: Placed on APPR suspense file.

Summary: The Public Employees' Retirement Law provides retirement benefits based upon a member's final compensation and years of credited service. That law provides that members in the personal leave program shall receive credit for service that would have been credited had the employee not been in the personal leave program. This bill would provide that the calculations for retirement allowances, under the Public Employees' Retirement Law, for specified local safety members and persons who are employees of specified educational entities and who are subject to mandatory furloughs shall include, as credit for service and compensation, the amount of service and compensation that would have been credited and paid had the employee not been subject to mandatory furloughs on or after July 1, 2008, as specified.

 

SB 1285 (Steinberg D) Education employment.  
Introduced: 2/19/2010  Last Amended: 8/2/2010
Status: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

Summary: 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.

 

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: 8/2/2010-In committee: Set, first hearing. Referred to APPR suspense file.

Summary: 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

AB 635 (De La Torre D) Public contracts: roof projects.  
Introduced: 2/25/2009  Last Amended: 8/5/2010
Status: 8/10/2010-From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 2.) (August 10).

Summary: Existing law prohibits a state agency, political subdivision, municipal corporation, or district from drafting specifications for bids, in connection with the construction, alteration, or repair of public works, calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service. This bill would require a school district, community college district, state university, or state agency to require decisions, as to whether proposed substitute items in connection with a project to replace or repair a roof are equal pursuant to the above provisions, to be made by an independent architect, engineer, or roofing consultant, as provided. The bill would set forth requirements for the bidding specifications for these roofing projects. The bill would require an architect, engineer, roofing consultant, and other specified persons or entities to sign a certification related to financial relationships. The bill would require a school district, community college district, state university, or state agency to publish on its Internet Web site certain information pertaining to roofing projects. This bill would also authorize the State Allocation Board, the Office of Public School Construction, and the Department of General Services to provide educational programs, information, or online material to school and state government administrators in relation to these matters. By imposing duties on school districts, the bill would create a state-mandated local program.

 

AB 1741 (Coto D) Charter schools.  
Introduced: 2/8/2010  Last Amended: 6/29/2010
Status: 8/3/2010-Read second time. To third reading.

Summary: Existing law authorizes one or more persons seeking to establish a charter school within a school district to submit a petition to the governing board of the school district for review. The governing board may deny the petition if it makes certain findings. This bill would also authorize a governing board to deny a petition for the establishment of a charter school if the petitioner reasonably expects that at least 15% of the pupils who will be served by the school will be English learners, and the petition does not contain a reasonably comprehensive description of certain program requirements relating to the needs of English learners. The bill would also require the entity that granted the charter, prior to renewing it, to consider the degree to which the school implemented those programs in determining whether the school's academic performance is at least equal to that of the other schools in the school district.

 

AB 1841 (Buchanan D) Special education: parental consent.  
Introduced: 2/12/2010  Last Amended: 6/3/2010
Status: 6/28/2010-From Consent Calendar. Ordered to third reading.

Summary: Existing law, in defining the term "consent" for purposes of the provision of special education and related services to individuals with exceptional needs, includes in that definition a statement that a parent or guardian understands that granting consent is voluntary and he or she may revoke that consent at any time. Existing law provides that revocation of consent is not retroactive to negate an action that occurred after consent was given and prior to the revocation. This bill, in addition, would provide that a public agency is not required to amend the education records of a child to remove any reference to the child's receipt of special education and services if the child's parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child.

 

AB 1854 (Ammiano D) School attendance: residency requirements.  
Introduced: 2/12/2010  Last Amended: 6/30/2010
Status: 6/30/2010-Read second time and amended. Ordered to third reading.

Summary: Existing law requires a person between 6 and 18 years of age not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district where the person's parent or legal guardian is located. Existing law provides various exceptions to this residency requirement, including, but not limited to, authorizing a pupil to attend school in a school district in which his or her parent or guardian is employed. This bill would require a school district to accept a wide range of documents and representations from the parent or guardian of a pupil as reasonable evidence that the pupil meets those residency requirements, including, but not limited to, property tax payment receipts, rental property contract, lease, or payment receipts, utility service contract, lease, or payment receipts, pay stubs, voter registration, correspondence from a government agency, and a declaration of residency executed by the parent or guardian of a pupil who is a homeless child or youth, as defined. The bill, if an employee of a school district reasonably believes that the parent or guardian of a pupil has provided false or unreliable evidence of residency, would authorize a school district to make reasonable efforts to determine whether the pupil actually meets the residency requirements.

 

SB 930 (Ducheny D) Pupil assessments.  
Introduced: 2/2/2010  Last Amended: 8/2/2010
Status: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

Summary: Existing law, the Public School Performance Accountability Program, provides a state assessment program for schools, an intervention program for low-performing schools, and a reward system for high-achieving schools, as specified. This bill would require that any primary language assessment developed by the department and administered to limited-English-proficient students, as defined, on or after July 1, 2013, to be included in the state's assessment system or any successor system and in the state's federal and state accountability system and any successor system. The bill would require the results of the primary language assessment to be used in any successor measure or results reported for the state's assessment systems and in any other successor measure, as specified. This bill would also require the results to be used in any measure, index, or results reported for the state's federal and state accountability system, or any successor system.

 

SB 1143 (Liu D) Community colleges: student success and completion.  
Introduced: 2/18/2010  Last Amended: 8/2/2010
Status: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

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: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

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 1317 (Leno D) Truancy.  
Introduced: 2/19/2010  Last Amended: 8/9/2010
Status: 8/10/2010-Read second time. To third reading.

Summary: Existing law defines a truant as any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse three full days in one school year, or tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof. This bill would define a chronic truant as any pupil subject to compulsory full-time education or to compulsory continuing education who is absent from school without a valid excuse for 10% or more of the schooldays in one school year, from the date of enrollment to the current date, provided that the appropriate school district officer or employee has complied with specified provisions of law.

 

SB 1357 (Steinberg D) California Longitudinal Pupil Achievement Data System.  
Introduced: 2/19/2010  Last Amended: 6/23/2010
Status: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

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. Existing law requires the State 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.

 

SB 1381 (Simitian D) Kindergarten: age of admission.  
Introduced: 2/19/2010  Last Amended: 8/4/2010
Status: 8/5/2010-Set, first hearing. Referred to APPR. suspense file.

Summary: Existing law requires that a child be admitted to kindergarten at the beginning of a school year, or at any time later in the same year if the child will have his or her fifth birthday on or before December 2 of that school year. An elementary school is required to admit a child to the first grade during the first month of a school year if the child will have his or her sixth birthday on or before December 2 of that school year. This bill would change the required birthday for admission to kindergarten and first grade to November 1 for the 2012-13 school year, October 1 for the 2013-14 school year, and September 1 for the 2014-15 school year and each school year thereafter, and would require a child whose admission to a traditional kindergarten is delayed to be admitted to a transitional kindergarten program, as defined. The bill would require pupils who are participating in transitional kindergarten to be included in computing the average daily attendance of a school district in accordance with specified requirements. To the extent those changes establish new administrative duties on the governing boards of school districts in implementing the changes, they would impose a state-mandated local program.

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