BILL ANALYSIS                                                                                                                                                                                                    






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

          BILL NO:       SB 312
          AUTHOR:        Romero
          INTRODUCED:    February 25, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 15, 2009
          URGENCY:       No             CONSULTANT:    James Wilson

           SUBJECT  :  Public Meetings: State Education Boards
          
           SUMMARY  

          This bill requires the State Board of Education and the  
          State Allocation Board to provide for live video and audio  
          transmission of all meetings and hearings that are open to  
          the public through a technology that is accessible to as  
          large a segment of the public as possible. 

           BACKGROUND  

          Current law establishes the office of the State Chief  
          Information Officer appointed by the Governor to advise the  
          Governor on the strategic management of the state's  
          information technology resources, coordinate the activities  
          of agency chief information officers and ensure compliance  
          with information technology policies and standards, among  
          other duties.  The office is the successor to the Office of  
          Technology Review, Oversight, and Security within the  
          Department of Finance. The office has no authority over the  
          Legislature, or the Legislative Data Center or the  
          Legislative Counsel Bureau.

          The Constitution and statute establish the State Board of  
          Education (SBE), consisting of 10 members and an 11th  
          student member, who are appointed by the Governor. The SBE  
          is required to meet at least six times a year and may meet  
          more often at the call of the Board President or any four  
          members.   The State Allocation Board (SAB) consists of the  
          Director of Finance, the Director of General Services, a  
          person appointed by Governor, and the Superintendent of  
          Public Instruction.  The SAB also includes three Members of  
          the Senate appointed by the Rules Committee and three  
          Members of the Assembly appointed by the Speaker. The SAB  




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          receives staff assistance from the Office of Public School  
          Construction in the Department of General Services. 

          Both boards are required to conduct meetings in public  
          pursuant to the Bagley-Keene Open Meeting Act, although  
          that act allows a board to meet in closed session in order  
          to consider such things as pending litigation or the  
          appointment,  evaluation or dismissal of a public employee.  
          The State Board of Education is specifically exempted from  
          meeting in public when reviewing assessment instruments  
          when actual test content is reviewed and discussed. 

           ANALYSIS
           
          1)   Requires the State Board of Education (SBE) to provide  
               for live video and audio transmission of all board  
               meetings and hearings that are open to the public and  
               take all reasonable steps to use of all of the  
               following technologies: 

               a)        Cable television.
               b)        Web cast.
               c)        The K-12 High Speed Network.

          2)   Requires the State Allocation Board (SAB) to provide  
               for live video and audio transmission of all board  
               meetings and hearings that are open to the public and  
               take all reasonable steps to use of all of the  
               following technologies:

               a)        Cable television.
               b)        Web cast.
               c)        The K-12 High Speed Network.

          3)   Requires the SBE and the SAB to consult with the State  
               Chief Information Officer to provide for live video  
               and audio transmission of all board meetings and  
               hearings.

           STAFF COMMENTS  


           1)State policy  .   In 2006, the Governor issued Executive  
             Order S-23-06 calling for expanded use of broadband  
             networks and advanced communication services to enhance  
             government operations through such methods as distance  




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             learning for education.  In the order, the Governor also  
             directed that "the Department of General Services and  
             the Department of Technology Services facilitate State  
             use of streaming video technologies to broadcast public  
             meetings over the Internet."


           2)Strategic plan  .  The Chief Information Officer's  
             Information Technology Strategic Plan calls for the use  
             of technology that makes government transparent,  
             available, and intuitive. To make government more  
             transparent, the plan calls for the state to "deploy  
             available technologies to allow Californians to offer  
             suggestions as part of the policy development and  
             deliberative process."  


           SUPPORT  

          None received.

           OPPOSITION

           None received.