BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 66| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 66 Author: Anderson (R) Amended: As introduced Vote: 21 SENATE EDUCATION COMMITTEE : 9-0, 6/17/09 AYES: Romero, Huff, Alquist, Hancock, Liu, Maldonado, Padilla, Simitian, Wyland ASSEMBLY FLOOR : 72-0, 3/26/09 - See last page for vote SUBJECT : Pupil work permits SOURCE : Author DIGEST : This bill authorizes a principal of a public or private school to issue work permits or to designate another administrator to issue work permits for pupils that attend their school. It specifies the hour limitations that apply to a work permit shall be based on the school calendar of the school the pupil attends. ANALYSIS : Existing law authorizes the superintendent of a school district in which a minor resides, the chief executive officer of a charter school, or specified school employees authorized by the superintendent or chief executive officer in writing, to issue a work permit to a pupil upon receipt of a written request from a parent, guardian, foster parent, or other specified person. A superintendent of a school district also is authorized to CONTINUED AB 66 Page 2 designate the principal or another person having charge of a private school to issue work permits. Existing law imposes limits on the number of hours per schoolday and per week that a pupil with a work permit may work. This bill: 1. Authorizes the principal of a public or private school to issue work permits to pupils that attend their school. 2. Authorizes the principal of a private or public school to designate another administrator in the school to issue work permits to pupils that attend their school. 3. Specifies that if the principal of a public or private school chooses not to issue work permits, work permits may be issued to pupils attending that school pursuant to paragraph (1), (3), (4), or Education Code Section 49110.1. 4. Requires a principal who issues a work permit to provide a self-certification that he or she understands the requirements in existing law for issuing a work permit; and, requires the principal to provide copies of the application and the permit to the superintendent of the school district in which the school is located. 5. Prohibits an individual with authority to issue a work permit from issuing a work permit to his or her own child. 6. Authorizes the superintendent of a school district to revoke a work permit issued by the principal of a private or public school located within the district if the superintendent becomes aware of any grounds upon which the pupil may be deemed ineligible for a work permit under existing law. 7. Specifies the hour limitations that apply to a work permit issued by any of the individuals described shall be based on the school calendar of the school AB 66 Page 3 the pupil attends. Prior Legislation This bill is similar to AB 2213 (Houston) of 2008. AB 2213 was vetoed by Governor Schwarzenegger with the following veto message: The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year's legislative session. Given the delay, I am only signing bills that are the highest priority for California. This bill does not meet that standard and I cannot sign it at this time. In 2007, Senator Steinberg carried SB 406 to prevent the issuance of work permits to those pupils whose academic records indicate that working may lead to school failure or the pupil dropping out of school. SB 406 would have authorized certificated employees who were designated by a district superintendent to issue work permits and would have authorized a similar process for private schools. SB 406 was vetoed by the Governor with the following veto message: Although I understand the author's desire to require uniform statewide criteria for the issuance of work permits, I believe that the determination of such criteria is best left to the discretion of local school boards. School boards are better suited to determine the standards that meet the unique circumstances of their students and their communities. Moreover, given the State's current fiscal condition it would not be prudent to approve a measure that results in significant reimbursable state mandated costs. Establishing voluntary statewide criteria that could be used as guidelines for school districts would provide necessary flexibility, without incurring the associated state costs. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No AB 66 Page 4 SUPPORT : (Verified 6/18/09) Association of Christian Schools International California Association of Private School Organizations California Catholic Conference California Council for Environmental and Economic Balance California Homeschool Network California Teachers Association Capitol Resource Family Impact Christian Home Educators Association of California Church State Council of Seventh-day Adventists Homeschool Association of California Los Angeles Unified School District Private Home Educators of California OPPOSITION : (Verified 6/18/09) California Association of Work Experience Educators ARGUMENTS IN SUPPORT : According to the author's office, gone are the days when every child attends their local public school. We now have private, charter, year round, and home schools throughout the state. The education system has changed; it is time the state's laws reflected these changes. There is more to education than what is taught in the classroom, and who better to give a work permit to a student than the principal who is familiar with his or her GPA, attendance, and any behavioral issues and family circumstances. The California Association of Private School Organizations supports the bill and argues, "We believe that school site administrators are best suited to make determinations regarding the issuance of student work permits. This bill upholds this position while unburdening district superintendents of the responsibility to make decisions concerning students enrolled in schools with which they have a secondary association, at best. Another important feature of the bill is its recognition that public and private schools do not maintain identical school, holiday and vacation calendars. Whereas current law ties the hours private school students are permitted to work to public school calendars, this bill links hours of work to the actual calendar maintained in a student's school of AB 66 Page 5 attendance." According to the California Association of Work Experience Educators who oppose the bill, "By allowing school principals to issue work permits without appropriate oversight, this measure could expose students to unsafe working conditions and expose school district[s] to unwarranted liability." ARGUMENTS IN OPPOSITION : The California Association of Work Experience Educators oppose this bill, "unless the measure is amended to narrow its scope to private and charter schools. In its current form, AB 66 would eliminate Superintendent oversight in the designation of the appropriate staff to issue work permits at public schools. The measure would grant public school principals the authority to issue work permits directly or designate staff to issue work permits, potentially exposing students to unsafe working conditions and exposing school districts to unwarranted liability." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Saldana, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Bass NO VOTE RECORDED: Tom Berryhill, Davis, Fletcher, Lieu, Logue, Salas, Silva, Yamada DLW:nl 6/18/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE AB 66 Page 6 **** END ****