BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    AB 66|
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                                 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  
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          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  







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               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








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           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  







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          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








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