BILL NUMBER: AB 1718 CHAPTERED 10/11/01 CHAPTER 717 FILED WITH SECRETARY OF STATE OCTOBER 11, 2001 APPROVED BY GOVERNOR OCTOBER 10, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 14, 2001 AMENDED IN SENATE SEPTEMBER 13, 2001 AMENDED IN SENATE SEPTEMBER 6, 2001 AMENDED IN SENATE JUNE 27, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 INTRODUCED BY Committee on Higher Education (Alquist (Chair), Havice, Jackson, Liu, Lowenthal, Matthews, Negrete McLeod, Robert Pacheco, and Wyman) MARCH 14, 2001 An act to amend Sections 89030.1 and 92850 of the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 1718, Committee on Higher Education. Public postsecondary education: California State University: Governor's Teacher Scholars Program. (1) Existing law establishes the California State University under the administration of the Trustees of the California State University. Existing law, to be repealed as of January 1, 2002, sets forth a procedure for the adoption of regulations by the trustees, and requires the trustees to follow that procedure rather than the procedure set forth in the Administrative Procedure Act. This bill would delay the repeal of this provision until January 1, 2003. (2) Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. Existing law requests the Regents of the University of California to develop a teacher preparation program, known as the Governor's Teacher Scholars Program, that will include a rigorous teacher preparation program that prepares teachers to work in schools with high percentages of low-income or English language learners. Existing law requires, among other things, that a participant in this program make a commitment to teach for at least 4 years in a California public elementary or secondary school that is eligible to be designated, under a prescribed statute relating to the Assumption Program of Loans for Education, as a school that serves a large population of students from low-income families. Existing law establishes an Assumption Program of Loans for Education, under which an applicant enrolled in a participating institution of postsecondary education, or an applicant who agrees to participate in a teacher trainee or teacher internship program, and who further agrees to obtain a teaching credential in a subject area that is designated as a current or projected shortage area or to provide classroom instruction in a school that serves a large population of pupils from low-income families, has a high percentage of teachers holding emergency permits, or is a low-performing school, is eligible to enter into an agreement for loan assumption, to be redeemed upon becoming employed as a teacher. This bill would require a participant in the Governor's Teacher Scholars Program to comply with the teaching requirements for participants in the Assumption Program of Loans for Education set forth in a prescribed statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 89030.1 of the Education Code is amended to read: 89030.1. The trustees shall adopt, amend, or repeal regulations pursuant to this section instead of pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, "regulation" means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by the university to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, except one that relates only to the internal management of the university. "Regulation" does not mean or include any form prescribed by the university or any instructions relating to the use of the form, nor does it mean or include a building standard as defined in Section 18909 of the Health and Safety Code. (a) The trustees' office of general counsel shall review the proposed regulations for matters such as necessity, authority, clarity, consistency, reference, and nonduplication, and recommend any proposed action to the trustees. For purposes of this section, "necessity," "authority," "clarity," "consistency," "reference," and "nonduplication" shall have the same meaning as defined by Section 11349 of the Government Code. (b) Notice of the proposed regulations shall be sent at least 45 days prior to the public hearing to those persons who have requested notices of the meetings of the trustees and shall be available to the public in electronic format. The notice shall include the right of the public to comment orally or in writing on the proposed action either prior to or during the public hearing. (c) At the hearing, the public shall be provided the opportunity to comment on the proposed action. (d) The trustees shall maintain a rulemaking file containing the public notice, public comments, and minutes of the public hearing, including the action taken by the trustees. (1) The rulemaking file shall contain a summary of each objection or recommendation made with an explanation of how the proposed action was changed to accommodate each objection or recommendation, or the reason or reasons for making no change. (2) The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state agencies. (e) The trustees shall transmit the regulations as finally adopted to the Secretary of State for filing. Each regulation shall be effective upon filing with the Secretary of State, and shall be published in the California Code of Regulations. (f) This section shall become inoperative on January 1, 2003, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2003, deletes or extends that date. SEC. 2. Section 92850 of the Education Code is amended to read: 92850. The Regents of the University of California are requested to develop a Governor's Teacher Scholars Program, to operate, commencing July 1, 2000, at the Berkeley and Los Angeles campuses, and at additional University of California campuses, as deemed appropriate by the University, in accordance with all of the following: (a) Prior to July 1, 2000, the university shall develop or accomplish all of the following: (1) A rigorous teacher preparation program that prepares teachers to work in schools with high percentages of low income or English language learners and that culminates in the award of a master's degree. (2) Begin recruiting highly talented students who wish to become teachers. (3) Conduct a fundraising effort to provide full scholarships to participants in the program. (b) When the program is fully operational, a total of 400 students shall be selected to participate in the program. At least 100 of these students shall be enrolled at each of the Los Angeles and Berkeley campuses. (c) A participant in the program shall receive a full scholarship, funded through private donations and other sources, to cover the costs of the participant related to the program. The amount of a scholarship under this section shall be limited to the amount of university fees charged to resident students and mandatory campus-based fees. (d) A participant in the program shall be required to comply with the teaching requirements for participants in the Assumption Program of Loans for Education set forth in paragraph (5) of subdivision (b) of Section 69613. (e) A participant who leaves classroom teaching service before his or her four-year commitment is completed shall repay that portion of his or her scholarship assistance that is equal to the proportion of the four-year commitment that has not been completed.