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Bills on the Move

By Andrew Keller - June 9, 2011


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The relative lack of committee activity during the next few weeks may be symptomatic of Legislators’ preoccupation with other issues. The first drafts of new maps of revised legislative district boundaries will be coming out soon, and will foreshadow the fate of numerous seats in the Legislature. The upcoming constitutional budget deadlines similarly portend the fate of paychecks scheduled to be received by each legislator. Once again, Long Beach Senator Alan Lowenthal’s (D) Education Committee is the only committee hearing a large number of bills next week. Here are the summaries of the major bills Chairman Lowenthal and his committee will hear on June 15th.



AB 202  (Brownley D)  Local educational agencies: reimbursable state mandates.  
Introduced: 1/27/2011  Last Amended: 5/16/2011
Status: 6/2/2011-Referred to Com. on ED.

Summary: Existing law establishes a procedure for local governmental agencies to file, with the Commission on State Mandates, claims for reimbursement of specified costs associated with state-mandated local programs, and sets forth the procedure for a determination by the commission for eligibility for reimbursement, appropriation, and payment of claims, including payment pursuant to the enactment of a local government claims bill, the establishment of interest accrued on claims, and the review of state mandates by the Legislative Analyst generally. This bill would express the intent of the Legislature that statutes creating a reimbursable state mandate on school districts be periodically reviewed, and that the Legislature consider recommendations on whether those statutes should be amended, repealed, or remain unchanged. The bill would require that, in addition to a report submitted pursuant to existing law, the Legislative Analyst review and report on each reimbursable state mandate relating to local educational agencies that meets prescribed criteria. The bill would specify the information to be provided in the review and report, and would require that the review and report be provided to the chairpersons of the Assembly Committee on Education, the Senate Committee on Education, and the fiscal committees of the Assembly and the Senate, on or before the January 1 following the adjournment of the regular session of the Legislature for which the review was made.


AB 751 (Furutani D)  Education finance.
Introduced: 2/17/2011  Last Amended: 4/26/2011
Status: 6/2/2011-Referred to Com. on ED.

Summary: Existing law requires the county superintendent of schools to submit two reports during the fiscal year to the county board of education on the financial condition of a county office of education , which certify if the county office of education is unable to meet its financial obligations for the current or two subsequent fiscal years or if a county office of education has a positive, qualified , or negative certification. This bill would require the Superintendent of Public Instruction and the county superintendent to clearly distinguish between specified county offices of education as part of each of those reports, and any other report that indicated that a county office of education is assigned a qualified certification.



AB 401  (Ammiano D) Charter schools.
Introduced: 2/14/2011  Last Amended: 5/12/2011
Status: 6/2/2011-Referred to Com. on ED.

Summary: The Charter Schools Act of 1992 authorizes any one or more persons to submit a petition to the governing board of a school district to establish a charter school that operates independently from the existing school district structure as a method of accomplishing specified goals. The act limits the maximum number of charter schools authorized to operate in the 1998-99 school year to 250, and authorizes an additional 100 charter schools to operate in each year thereafter. This bill would limit, until January 1, 2017, the maximum total number of charter schools authorized to operate in the state to 1,450. The bill would prohibit charter schools operated by a private entity from employing relatives of charter school personnel, as specified.


AB 1163  (Brownley D) Education: California Educational Facilities Authority.
Introduced: 2/18/2011
Status: 5/26/2011-Referred to Com. on ED.

Summary: Existing law, the California Educational Facilities Authority Act, creates the California Educational Facilities Authority, the purpose of which is to provide institutions of higher education, including private colleges, with additional means for specified projects. The act defines “private college” or “private participating college” to mean a private college that neither restricts entry on racial or religious grounds nor requires students gaining admission to receive instruction in the tenets of a particular faith, and that participates with the authority in undertaking the financing and construction or acquisition of a project. This bill would recast the definition of a “private college” or “private participating college” to mean a private college that does not restrict the admission of a student based on his or her race or ethnicity, provided that the financing does not violate specified constitutional provisions.


Human Resources

AB 1269  (Portantino D)   Classified employees: layoff: reemployment.
Introduced: 2/18/2011
Status: 6/2/2011-Referred to Com. on ED.

Summary: Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in the reverse order of layoff. This bill would delete the provisions requiring that reemployment be in the reverse order of layoff, and instead require that reemployment be in order of seniority.



AB 207  (Ammiano D) School attendance: residency requirements.
Introduced: 1/31/2011
Status: 6/1/2011-In committee: Set, first hearing. Hearing canceled at the request of author.

Summary:  Existing law requires each 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 legal guardian is employed. This bill would require a school district to accept a wide range of documents and representations from the parent or legal 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, statement, or payment receipts, pay stubs, voter registration, correspondence from a government agency, or a declaration of residency executed by the parent or legal guardian of a pupil who is a homeless child or youth, as defined. The bill would, if an employee of a school district reasonably believes that the parent or legal guardian of a pupil has provided false or unreliable evidence of residency, authorize the school district to make reasonable efforts to determine that the pupil actually meets the residency requirements.


AB 360  (Brownley D) Charter schools.
Introduced: 2/14/2011  Last Amended: 4/6/2011
Status: 6/2/2011-Referred to Coms. on ED. and JUD.

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 733  (Ma D)  Pupil records: privacy rights.
Introduced: 2/17/2011  Last Amended: 3/25/2011
Status: 5/26/2011-Referred to Coms. on ED. and JUD.

Summary:  Existing law prohibits a school district from permitting access to pupil records to any person without written parental consent or judicial order, except as provided. This bill would make various changes to these pupil record provisions to conform them to federal law.

Editor's Note:  Andrew Keller is a Policy Consultant for K Street Consulting, LLC, a policy consulting and legislative advocacy firm.