BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 2081
          AUTHOR:        Assembly Education Committee
          AMENDED:       June 9, 2010
          FISCAL COMM:   No             HEARING DATE:  June 16, 2010
          URGENCY:       No             CONSULTANT:Daniel Alvarez

           SUBJECT  :   Education

           KEY POLICY ISSUE  

          Should the Legislature, in a single measure, make various  
          non-controversial revisions to the Education Code?


           SUMMARY  

          This bill makes technical non-controversial revisions to the  
          Education Code to delete obsolete references and language,  
          correct technical errors and oversights, and update  
          references, as specified.

           BACKGROUND  

          This bill is one of the annual Education Code clean up bills  
          that makes various non-controversial revisions to statute.  
          This education omnibus bill corrects errors, resolves  
          conflicts, and deletes obsolete references.  

          By tradition, objection to any provision by the agency  
          affected, the Department of Finance, or any of the four  
          legislative caucuses prevents that provision from being  
          included in this bill.  

           ANALYSIS  

           This bill  corrects technical errors and oversights, and makes  
          numerous non-controversial and conforming changes to various  
          provisions of the Education Code.  Specifically, this bill:

          1)   Deletes cross-references to various obsolete and  
               outdated sections of the Education Code and corrects a  
               cross reference.  




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          2)   Corrects an oversight that was not included in AB 174  
               (Carter), Chapter 314, Statutes of 2009 relative to the  
               ability to exclude elementary school districts from a  
               unification of a high school district.  


           


          STAFF COMMENTS  

           1)   Need for the bill  .  This bill is the annual Education  
               Code clean up legislation, sponsored by the  
               Superintendent of Public Instruction (SPI) to make  
               various non-controversial revisions to statute. 

           2)   Technical clean-up bill  .  This bill is a technical clean  
               up of the Education Code (EC) focused upon K-12  
               education. The bill makes changes which are explained as  
               follows:

                         Sections 1, 2, 3, 4, 5, and 6  - amendments to  
                    Sections 1266, 1274, 1510, 5200, 15235, and 35331  
                    of the EC to delete obsolete cross-references to  
                    non-existent EC sections.

                         Section 7  - amendment to Section 35534 of the  
                    EC to correct an outdated cross reference to  
                    Section 35535.  Last session, AB 174 (Chapter 314,  
                    Statutes of 2009) renumbered EC section 35535 to EC  
                    35786.  The proposed amendment would correct the  
                    reference. 

                         Section 8  - amendment to Section 35542 (b)  
                    corrects a technical oversight in Chapter 314,  
                    Statutes of 2009.  Chapter 314 provides that county  
                    committees on school district organization can  
                    locally approve unification proposals, without  
                    going to the State Board of Education (SBE) if all  
                    affected districts support the unification and the  
                    county superintendent of schools has agreed to the  
                    local approval process. However, the ability to  
                    exclude elementary school districts from a  
                    unification of a high school district was  
                    unintentionally left out of the legislation.  Thus,  
                    the ability to determine one component of some  




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                    unification proposals remains an authority of the  
                    SBE.  The clean up amendment in this bill would  
                    allow the county committee on school district  
                    organization to exclude elementary districts from a  
                    unification of a high school district when all  
                    affected districts support the unification and the  
                    county superintendent of schools has agreed to the  
                    local approval process allowed by Chapter 314,  
                    Statues of 2009. 

           SUPPORT
           
          State Superintendent of Public Instruction (sponsor) 

           OPPOSITION
           
          None received.