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Still More Bills Signed by the Governor

By Andrew Keller - October 7, 2010

 

Bills on the Move.jpg

Governor Schwarzenegger waited until the last minute to act on some of the 2010 legislative session’s biggest education bills. In one day, the Governor signed bills changing the kindergarten start date, providing access to fresh drinking water in school cafeterias, creating a new crime in “chronic truancy” and guaranteeing admission to CSU campuses for community college transfer students. Several other important bills failed to win his approval. Below are the summaries of these measures, our final edition for the 2010 legislative session.

 

Signed

AB 1651 (De La Torre D) Public Employees' Retirement Law: furloughs: retirement credit.  
Introduced: 1/13/2010  Last Amended: 5/28/2010
Status: 9/30/2010-Chaptered by the Secretary of State, Chapter Number 574, Statutes of 2010

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.

 

AB 2048 (Torlakson D) School facilities.  
Introduced: 2/17/2010  Last Amended: 8/19/2010
Status: 9/29/2010-Chaptered by the Secretary of State, Chapter Number 541, Statutes of 2010

Summary: Existing law prohibits a city or county from issuing a building permit for any construction absent certification from the appropriate school district that any fee, charge, dedication, or other requirement levied by the governing board of that school district has been complied with, as specified. This bill would additionally prohibit the Office of Statewide Health Planning and Development from issuing a building permit for any construction absent certification from the appropriate school district that any fee, charge, dedication, or other requirement levied by the governing board of that school district has been complied with.

 

SB 543 (Leno D) Minors: consent to mental health services.  
Introduced: 2/27/2009  Last Amended: 8/20/2010
Status: 9/29/2010-Chaptered by the Secretary of State, Chapter Number 503, Statutes of 2010

Summary: Existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling, except as specified, on an outpatient basis, or to residential shelter services, if specified conditions are met. This bill would, notwithstanding any provision of law, instead, provide that a minor who is 12 years of age or older may consent to outpatient mental health services, if, in the opinion of the professional person, as defined, the minor is mature enough to participate intelligently in the mental health treatment or counseling services. The bill would expand the definition of a professional person to include a licensed clinical social worker and a board certified or board eligible psychiatrist.

 

SB 1317 (Leno D) Truancy.  
Introduced: 2/19/2010  Last Amended: 8/9/2010
Status: 9/30/2010-Chaptered by the Secretary of State, Chapter Number 647, Statutes of 2010

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: 8/20/2010
Status: 9/30/2010-Chaptered by the Secretary of State, Chapter Number 704, Statutes of 2010

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 and in consultation with the Department of Finance and the Legislative Analyst's Office, 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: 8/30/2010
Status: 9/30/2010-Chaptered by the Secretary of State, Chapter Number 705, Statutes of 2010

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 6th 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.

 

SB 1413 (Leno D) Schools: pupil nutrition: availability of tap water.  
Introduced: 2/19/2010  Last Amended: 8/2/2010
Status: 9/30/2010-Chaptered by the Secretary of State, Chapter Number 558, Statutes of 2010

Summary: Existing law authorizes the governing board of a school district to establish cafeterias in the schools under its jurisdiction whenever in its judgment it is advisable to do so and to make the cost of water, electricity, gas, coal, wood, fuel oil, and garbage disposal a charge against the funds of the school district. This bill would require a school district to provide access to free, fresh drinking water during meal times in school food service areas by July 1, 2011, unless the governing board of a school district adopts a resolution stating that it is unable to comply with this requirement and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns. The resolution would be required to be publicly noticed on at least two consecutive meeting agendas and approved by at least a majority of the governing board.

 

SB 1290 (Kehoe D) Physical education: self-defense and safety instruction.
Introduced: 2/19/2010  Last Amended: 6/23/2010
Status: 9/30/2010-Chaptered by the Secretary of State, Chapter Number 703, Statutes of 2010

Summary: Existing law requires that all pupils in grades 7 to 12, inclusive, except those excused or exempted pursuant to a prescribed provisions of law, attend physical education courses for a total period of time of not less than 400 minutes each ten school days. Pursuant to its authority to issue program guidelines to serve as models or examples, the State Board of Education has adopted physical education model content standards for California public schools. This bill would require the State Board of Education and the Curriculum Development and Supplemental Materials Commission to include self-defense instruction, as defined, and safety instruction in the next revision of the physical education framework for pupils in grades 7, 8, 9, 11, and 12.

 

SB 1440 (Padilla D) California Community Colleges: student transfer.
Introduced: 2/19/2010  Last Amended: 8/20/2010
Status: 9/29/2010-Chaptered by the Secretary of State, Chapter Number 428, Statutes of 2010

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, unless each of the state's community college districts waives reimbursement for specified state-mandated costs of implementing the bill in accordance with a prescribed procedure. 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.

 

Vetoed

AB 2446 (Furutani D) Graduation requirements.  
Introduced: 2/19/2010  Last Amended: 8/31/2010
Status: 9/30/2010-Vetoed by the Governor

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. The bill would require the governing board of a school district or county office of education that elects to offer career technical education courses pursuant to these provisions to provide parents, teachers, pupils, and the public with specified information relating to the impact that offering these courses would have on graduation requirements and admission requirements to the California State University and the University of California. The bill would require the State Department of Education to report to the Legislature, on or before January 1, 2015, specified information relating to this alternative means of satisfying the requirement. The bill would authorize the Superintendent of Public Instruction to use existing state resources and federal funds for purposes of completing the report, and to apply for and receive grants and donations if existing resources are not available or sufficient.

 

SB 675 (Steinberg D) Partnership academies: Clean Technology and Renewable Energy Job Training, Career Technical Education, and Dropout Prevention Program.  
Introduced: 2/27/2009  Last Amended: 8/30/2010
Status: 9/30/2010-Vetoed by the Governor

Summary: Existing law establishes the partnership academies program as a school-business partnership program to provide occupational training to educationally disadvantaged high school pupils. Under existing law, the Superintendent of Public Instruction is required to award grants to school districts maintaining high schools to plan, establish, and maintain these partnership academies. This bill would require the Controller annually to allocate $8,000,000 from the Energy Resources Program Account, upon appropriation by the Legislature, to the Superintendent of Public Instruction for expenditure in the form of local grants to be allocated pursuant to the existing provisions for creating and maintaining partnership academies. The bill would require a grantee to implement or maintain a partnership academy that focuses on employment in clean technology businesses and renewable energy businesses and provides skilled workforces for the products and services for energy or water conservation, or both, renewable energy, pollution reduction, or other technologies.

 

SB 930 (Ducheny D) Pupil assessments.
Introduced: 2/2/2010  Last Amended: 8/20/2010
Status: 9/30/2010-Vetoed by the Governor

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 identified pursuant to existing law, on or after July 1, 2013, 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. The 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. These provisions would become operative on July 1, 2013.

 

SB 1425 (Simitian D) Public retirement: final compensation: computation: retirees.
Introduced: 2/19/2010  Last Amended: 8/19/2010
Status: 9/30/2010-Vetoed by the Governor

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 provide that a person who retires on or after January 1, 2012, 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.

 

SB 1460 (Cedillo D) Student financial aid: eligibility: California Dream Act of 2010.
Introduced: 2/19/2010  Last Amended: 8/20/2010
Status: 9/30/2010-Vetoed by the Governor

Summary: Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001-02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for three or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision.

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