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Governor Acts on Hundreds of Bills

By Andrew Keller - September 30, 2010

 

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Governor Schwarzenegger recently signed or vetoed a significant number of education bills on his desk. Several of the biggest education bills of the legislative session are still awaiting his action.  The Governor has until midnight September 30th to either sign or veto all bills sent to him in the regular legislative session. Here are the summaries of a number of bills he signed this week, as well as those he vetoed.

 

Signed

AB 184 (Block D) Special education funding.  
Introduced: 2/2/2009  Last Amended: 8/17/2010
Status: 9/27/2010-Chaptered by the Secretary of State, Chapter Number 403, Statutes of 2010

Summary: Existing law adjusts funding for individuals with exceptional needs based on an incidence multiplier, as defined, for each special education local plan area.  This bill would continue the current special education incidence factor formula through the 2010-11 fiscal year.  The bill would make the adjustment inoperative on July 1, 2011, and repeal it on January 1, 2012.

 

AB 1841 (Buchanan D) Special education: parental consent.  
Introduced: 2/12/2010  Last Amended: 6/3/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 243, Statutes of 2010

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 2089 (Coto D) American Indian Education Oversight Committee.  
Introduced: 2/18/2010  Last Amended: 6/14/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 249, Statutes of 2010

Summary: Existing law provides for the establishment of California American Indian education centers to serve as community-based educational resource centers for American Indian pupils, parents, guardians, and the public schools in order to promote the academic and cultural achievement of the pupils.  Existing law provides that the California American Indian Education Center Program will become inoperative on January 1, 2012.  This bill instead would provide that those provisions regarding the California American Indian education centers will become inoperative and be repealed on January 1, 2017, thereby extending the operation of those provisions by 5 years.

 

AB 2211 (Fuentes D) Instruction.  
Introduced: 2/18/2010  Last Amended: 8/19/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 254, Statutes of 2010

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 local educational agencies 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 authorize regional and local business organizations, in conjunction with school districts and community colleges, and any other representatives deemed appropriate, to develop principles and guidelines for the establishment of work-based learning programs.

 

AB 2444 (Furutani D) School districts: interdistrict attendance.  
Introduced: 2/19/2010  Last Amended: 8/18/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 263, Statutes of 2010

Summary: Existing law requires each person between the ages of 6 and 18 years, inclusive, who is not otherwise exempt, to attend the public full-time day school in the school district in which his or her parent or guardian is a resident.  Existing law authorizes the governing boards of two or more school districts to enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the districts.  Existing law requires the supervisor of attendance of the district of residence to issue an individual permit verifying the district's approval, pursuant to policies of the board and terms of the agreement, for the transfer and for the applicable period of time.  Existing law establishes an appeal process for pupils whose permits are denied, or, in the absence of an agreement between the districts, if the districts fail or refuse to enter into an agreement.  This bill would preclude a pupil who is enrolled in a school pursuant to these provisions from having to reapply for an interdistrict transfer, and would require the governing board of the school district of enrollment to allow the pupil to continue to attend the school in which he or she is enrolled, except if the district of residence and district of enrollment agree otherwise.  The bill would provide an exception for this agreement authority for pupils entering grade 11 or 12 in the subsequent school year.

 

AB 2560 (Brownley D) Education finance: federal tax credit bond volume cap.  
Introduced: 2/19/2010  Last Amended: 8/20/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 266, Statutes of 2010

Summary: Existing law assigns specified amounts of the state's 2009 federal tax credit bond volume cap to the State Department of Education and the California School Finance Authority, to be assigned and distributed to school districts, county offices of education, and charter schools, as specified.  This bill would authorize the department to assign and distribute the state's 2010 federal tax credit bond volume cap for qualified school construction bonds to or for the benefit of school districts and county offices of education and would authorize the California School Finance Authority to assign and distribute the state's 2010 federal tax credit bond volume cap for qualified school construction bonds to or for the benefit of charter schools, or to be further assigned and distributed to one or more issuers in the state for the benefit of charter schools, as determined by the authority.  The bill would allow a charter school to apply for the federal qualified school construction bond volume cap if it meets specified criteria.

 

AB 2694 (Blumenfield D) Instructional materials.  
Introduced: 2/19/2010  Last Amended: 6/30/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 269, Statutes of 2010

Summary: Existing law provides for the adoption and selection of instructional materials for use in the elementary and secondary schools and defines “supplementary instructional materials” as instructional materials that, for a given subject and at a given grade level, provide for meeting the various learning ability levels of pupils, or meeting the diverse educational needs of pupils with a language disability or of pupils reflective of a condition of cultural pluralism, or that provide more complete coverage of a subject or subjects included in a given course.  This bill would include in the definition of “supplementary instructional materials” instructional materials that use current relevant technology that further engages interactive learning in the classroom and beyond and would require the governing board of a school district, when adopting instructional materials for use in schools, to include relevant technology-based materials, as defined, if the materials are both available and comparable to other, equivalent instructional materials, as defined.

 

SB 331 (Romero D) Migrant education.  
Introduced: 2/25/2009  Last Amended: 8/16/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 274, Statutes of 2010

Summary: Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as defined, that includes the provision of specified services.  This bill would reduce the number of years a child may be deemed a migrant child from five years to three years. The bill would delete the provisions above regarding priority and the prohibition against programs solely for children who have ceased to migrate, and would instead specify that priority for services shall be consistent with federal law.

 

SB 1116 (Huff R) Heritage school instruction.  
Introduced: 2/17/2010  Last Amended: 8/20/2010
Status: 9/24/2010-Chaptered by the Secretary of State, Chapter Number 286, Statutes of 2010

Summary: Existing law requires every entity offering or conducting private school instruction on the elementary or high school level to annually verify information by filing with the Superintendent of Public Instruction an affidavit or statement under penalty of perjury setting forth specified information relating to the current year.  The affidavit or statement must be made available to any parent or guardian whose child is currently enrolled or is considering whether to enroll his or her child in the school, as specified.  If the employees of any entities that have a contract with a private school to provide specified services may have any contact with pupils, those employees are required to submit their fingerprints to the Department of Justice for a background check.  The Department of Justice is authorized to notify the private school when the employee has a pending criminal case, or a criminal conviction, of specified crimes.  Private schools contracting with an entity for construction or other related services where employees of the entity will have other than limited contact with pupils, are required to ensure the safety of the pupils by utilizing one or more methods.  This bill would apply a substantially identical verification requirement to heritage schools, which is a school for children that serves children who are at least four years and nine months of age to 18 years of age and who attend a public or private full-time school, and which offers foreign language education or tutoring and cultural education relating to a foreign country.  The bill would require every person, firm, association, partnership, or corporation operating a heritage school to annually file with the Superintendent an electronic registration form, under penalty of perjury, by the owner or other head setting forth specified information, together with a fee determined by the Superintendent to be sufficient to cover, but not exceed, the costs of the department in implementing these provisions.  Because the bill creates a new crime, it would impose a state-mandated local program.

 

SB 1143 (Liu D) Community colleges: student success and completion: taskforce and plan.  
Introduced: 2/18/2010  Last Amended: 8/17/2010
Status: 9/28/2010-Chaptered by the Secretary of State, Chapter Number 409, Statutes of 2010

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.

 

Vetoed

AB 97 (Torlakson D) School curriculum: content standards.  
Introduced: 1/6/2009  Last Amended: 8/20/2010
Status: 9/28/2010-Vetoed by the Governor

Summary: Existing law, operative until July 1, 2011, and to be repealed on January 1, 2014, requires the State Board of Education to adopt statewide academic content standards and performance standards, based on the recommendation of the Commission for the Establishment of Academic Content and Performance Standards and the Superintendent of Public Instruction, respectively.  Existing law authorizes the state board to modify any proposed content standard or performance standard prior to its adoption.  This bill would establish the Academic Content Standards Commission for Science and History-Social Science consisting of 21 appointed members, as specified.  This bill would require the state board, upon recommendation of the Superintendent, to adopt a schedule for the commission to review and recommend revisions to the science and history-social science curriculum area content standards, when funding permits.  This bill would require the state board to either adopt or reject the academic content standards as proposed by the commission within 90 days of their receipt and would also require the Superintendent and the state board to present specified information to the Governor and appropriate policy and fiscal committees of the Legislature.

 

AB 572 (Brownley D) Charter schools.  
Introduced: 2/25/2009  Last Amended: 9/2/2009
Status: 9/24/2010-Vetoed by the Governor

Summary: The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized.  The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend.  This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the school would be subject to the Bagley-Keene Open Meeting Act.

 

AB 1223 (Block D) Linked learning.   
Introduced: 2/27/2009  Last Amended: 8/17/2010
Status: 9/28/2010-Vetoed by the Governor

Summary: Existing law authorizes the Commission on Teacher Credentialing to issue various types of teaching credentials and authorizations.  Existing law establishes multiple pathway programs, which are multiyear comprehensive high school programs of integrated academic and technical study that are organized around a broad theme, interest area, or industry sector.  Multiple pathway programs are comprised, among other things, of an integrated core curriculum that meets the eligibility requirements for admission to the University of California and the California State University and is delivered through project-based learning and other engaging instructional strategies that intentionally bring real-world context and relevance to the curriculum where broad themes, interest areas, and career technical education are emphasized.  This bill would define “linked learning programs,” and would authorize the commission to convene a workgroup consisting of specified members to develop program standards for the issuance of a recognition of study in linked learning, as defined, for linked learning competence for holders of a single subject teaching credential who will be teaching pupils enrolled in linked learning programs, as specified.  The bill would authorize the commission to work with the Superintendent of Public Instruction to gather and post, on an appropriate Internet Web site, best practices from school districts and schools on curriculum development and professional development relating to implementing and sustaining multiple pathway programs.

 

AB 1647 (Hayashi D) Athletics.  
Introduced: 1/13/2010
Last Amended: 6/28/2010
Status: 9/24/2010-Vetoed by the Governor

Summary: Existing law provides for the regulation of various professions and vocations, including those of an athlete agent.  This bill would make it unlawful for any person to hold himself or herself out as a certified athletic trainer unless he or she has been certified by the Board of Certification, Inc., and has either graduated from a college or university, after completing an accredited athletic training education program, as specified, or completed requirements for certification by the Board of Certification, Inc., prior to January 1, 2004.  The bill would make it an unfair business practice to violate these provisions.

 

AB 1854 (Ammiano D) School attendance: residency requirements.
Introduced: 2/12/2010  Last Amended: 6/30/2010
Status: 9/24/2010-Vetoed by the Governor

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.

 

AB 1876 (Torlakson D) Education: After School Education and Safety Program.
Introduced: 2/16/2010  Last Amended: 4/28/2010
Status: 7/23/2010-Vetoed by the Governor

Summary: Existing law establishes the After School Education and Safety Program for public and charter schools to create incentives for establishing before and after school enrichment programs that partner schools and communities to provide academic and literacy support and safe, constructive alternatives for youth.  This bill would authorize administrators of an After School Education and Safety Program to provide activities on weekends. Costs associated with weekend activities would be paid from a program's maximum grant or supplemental grant, as specified.  Except as provided, participation of pupils in the weekend activities would not be included in the attendance reported to the State Department of Education for the calculation of either the maximum grant amount or a supplemental grant amount.

 

AB 2040 (Brownley D) Teacher leaders.  
Introduced: 2/17/2010  Last Amended: 3/23/2010
Status: 8/18/2010-Vetoed by Governor.

Summary: Existing law establishes the Commission on Teacher Credentialing to, among other things, establish professional standards, assessments, and examinations for entry and advancement in the education profession.  This bill would require the commission to convene an advisory panel to explore the recognition of leadership roles within the teaching career pathway.  The commission would be required to consider the findings of the advisory panel and report to the Governor and the Legislature by January 1, 2012, on recommendations for the recognition of teacher leaders.

 

AB 2543 (Lowenthal, Bonnie D) Charter schools: renewal.  
Introduced: 2/19/2010  Last Amended: 8/16/2010
Status: 9/24/2010-Vetoed by the Governor

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 five 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 a charter school to submit a renewal petition to the chartering authority no later than September 15 prior to the expiration of the charter, or by an earlier or later date if mutually agreed upon by the chartering authority and the charter school to accommodate local circumstances.  The 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 15 prior to the expiration of the charter. The bill would require a charter school that elects to appeal the denial of its renewal application to submit the application to the county board or the state board, as applicable, within 30 days of the date of the denial.

 

AB 2726 (Lowenthal, Bonnie D) Employment Development Department: one-stop career centers: training: apprenticeship.  
Introduced: 2/19/2010  Last Amended: 6/21/2010
Status: 9/27/2010-Vetoed by the Governor

Summary: The federal Workforce Investment Act of 1998 provides for workforce investment activities, including activities in which states may participate.  Existing law contains various programs for job training and employment investment, including work incentive and employment training outreach programs.  Existing law, the California Workforce Investment Act, declares the Legislature's intent to deliver comprehensive workforce services to jobseekers, students, and employers through a system of one-stop career centers that, among other things, make job outreach, intake, job search and placement assistance, and other related services available in one location.  Existing law also requires each local workforce investment board to establish at least one full service one-stop career center in the local workforce investment area and to provide specified job placement services.  This bill would specify that entrance into on-the-job training through an apprenticeship program approved by the Division of Apprenticeship Standards shall be considered placement into a job.  The bill would further require the State Workforce Investment Board and local boards to ensure that programs and services funded by the Workforce Investment Act and directed to apprenticeable occupations, including pre-apprenticeship training, work in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards, as provided.  By imposing new duties on local government with respect to the implementation of these local programs, the bill would impose a state-mandated local program.

 

SB 515 (Hancock D) Career technical education.  
Introduced: 2/26/2009  Last Amended: 6/30/2009
Status: 9/24/2010-Vetoed by the Governor

Summary: Existing law requires the governing board of each regional occupational center or program, on or before July 1, 2010, to ensure that at least 90% of all state-funded courses offered by the center or program, in occupational areas in which both the program or center and the community college offer instruction, are part of occupational course sequences that target comprehensive skills.  Existing law additionally requires, as a condition of receiving federal funds provided under the Carl D. Perkins Vocational and Applied Technology Education Act of 1998, and to the extent permitted under federal law, that school districts, regional occupational centers or programs, and community college districts comply with specified requirements relating to the development of course sequences.  This bill would additionally require, commencing with the 2012-13 fiscal year, as a condition of receiving federal funds provided under the Carl D. Perkins Vocational and Applied Technology Education Act of 1998, and to the extent permitted under federal law, that school districts, regional occupational centers or programs, and community college districts demonstrate that at least one-half of the course sequences offered are linked to high priority workforce needs in the career sectors identified by the Labor and Workforce Development Agency or the Labor Market Information Division of the Employment Development Department for the state of California, for the economic region established by the state where the regional occupational center or program, community college district, or school district is located, or for the county where the regional occupational center or program, community college district, or school district is located.  The bill would encourage school districts, regional occupational centers or programs, and community college districts to work with local workforce investment boards and the Labor Market Information Division of the Employment Development Department in the identification of career sectors of high priority.

 

SB 1157 (DeSaulnier D) Education: Healthy Schools Act of 2010.  
Introduced: 2/18/2010  Last Amended: 8/20/2010
Status: 9/27/2010-Vetoed by the Governor

Summary: Existing law generally regulates pesticide use and requires the Department of Pesticide Regulation to promote and facilitate the voluntary adoption of integrated pest management by school districts.  Existing law requires every person who sells a pesticide product for use in this state that has been registered by the Director of Pesticide Regulation to pay an assessment at a specified rate.  This bill, commencing January 1, 2014, would require all school sites, as defined, to adopt an integrated pest management program as established, administered, and enforced by the department.  This bill would also require, beginning January 1, 2012, that the rate of the assessment on registered pesticide products be augmented to reimburse the department, local agencies, and school districts for the cost of adopting integrated pest management programs at school sites.

 

SB 1191 (Wiggins D) Education: minimum funding.  
Introduced: 2/18/2010  Last Amended: 6/23/2010
Status: 8/23/2010-Vetoed by the Governor

Summary: Existing provisions of the California Constitution require the state to apply a minimum amount of funding for each fiscal year for the support of school districts and community college districts.  Existing law provides that, for purposes of those minimum funding requirements for school districts and community college districts, appropriations for deficiencies and prior year adjustments are deemed appropriations in the fiscal year in which the deficiencies or prior year adjustments occurred, unless otherwise provided by law.  This bill would specify criteria for evaluating the effectiveness of pupil-counselor ratios in that report.

 

SB 1380 (Hancock D) School facilities: construction.  
Introduced: 2/19/2010  Last Amended: 8/16/2010
Status: 9/24/2010-Vetoed by the Governor

Summary: Existing law establishes the Career Technical Education Facilities Program as a part of the Leroy F. Greene School Facilities Act of 1998 for the purpose of providing funding to qualifying local educational agencies for constructing new facilities or reconfiguring existing facilities, including purchasing equipment with an average useful life expectancy of at least ten years, to enhance educational opportunities for pupils in existing high schools.  This bill would require school facilities constructed or modernized with specified bond funds set aside for career technical education purposes to be used for career technical education purposes for a minimum of five years.  The governing board of an applicant school district would be required to adopt a resolution stating the intent to use those facilities for career technical education purposes and provide certification regarding that use during the first year of occupation.  The bill would authorize the governing board of a school district to seek a waiver of the career technical education use requirement from the State Allocation Board if the facility or educational program of the school district changes during the initial five years of use and would specify criteria by which to evaluate the waiver request.  This bill would require the governing board of school districts with projects approved by the board, as specified, to meet the evaluation criteria.

 

SB 1444 (Hancock D) Pupil instruction: science, technology, engineering, and mathematics education.  
Introduced: 2/19/2010  Last Amended: 6/22/2010
Status: 9/28/2010-Vetoed by the Governor

Summary: Existing law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study, including mathematics and science.  This bill would set forth various findings and declarations of the Legislature relating to science, technology, engineering, and mathematics (STEM) education.  The bill would define STEM education as courses or a sequence of courses that prepare pupils for occupations and careers that require technically sophisticated skills, including the application of mathematical and scientific skills and concepts, as specified, and would express the Legislature's intent that the Superintendent of Public Instruction allocate funds designated for STEM education consistent with the definitions set forth in the bill.

 

SB 1451 (Yee D) Education: instructional materials.  
Introduced: 2/19/2010  Last Amended: 8/19/2010
Status: 9/28/2010-Vetoed by the Governor

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 to inform the Chairperson of the Assembly Committee on Education, the Chairperson of the Senate Committee on Education, and the Secretary for Education of content that it interprets to be the result of certain changes made to the Texas Administrative Code.  The bill would repeal this provision on January 1, 2016.  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.

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