BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 312
          Author:   Romero (D), et al
          Amended:  4/28/09
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  5-0, 4/15/09
          AYES:  Romero, Huff, Alquist, Maldonado, Padilla
          NO VOTE RECORDED:  Hancock, Liu, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  10-0, 4/27/09
          AYES:  Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,  
            Leno, Oropeza, Walters, Wolk
          NO VOTE RECORDED:  Runner, Wyland, Yee


           SUBJECT  :    Public meetings and hearings

           SOURCE  :     Author


           DIGEST  :    This bill requires the State Board of Education  
          and the State Allocation Board to provide for live video  
          and audio transmission of any 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.

           ANALYSIS :    Existing 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  
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          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  
          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. 

          This bill:

          1.Requires the SBE to provide for live video and audio  
            transmission of any board meetings and hearings that are  
            open to the public and take all reasonable steps to use  
            of any of the following technologies:

            (1)    Cable television.
            (2)    Web cast.
            (3)    The K-12 High Speed Network.

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







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            (1)    Cable television.
            (2)    Web cast.
            (3)    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.

          The author's office state that live transmission of these  
          meeting will ensure greater transparency in education,  
          increase public participation in education policymaking,  
          and save costs for faraway school districts that otherwise  
          would send staff to attend meetings in Sacramento

           Comments
           
           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  
          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."  The California Broadband Task Force  
          has also recommended administrative actions that promote  
          broadband access usage.

           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."

          SBE meetings were carried on the California Channel about  
          10 years ago, but technical issues led to that being  
          discontinued.  The existing K-12 High Speed Network has  
          technical capacity to carry a live web cast of SBE  
          meetings.  The SAB, which usually meets in the Capitol,  
          could have its meetings carried on the California channel  
          if they are held in certain rooms.  On January 1, 2009, the  







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          California Channel increased its capacity to transmit to 24  
          hours a day.  Other state agencies, such as CalEPA,  
          regularly provide live web casts of public meetings and  
          hearings.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          Cost for SBE would be $5,000 and less than $10,000 annually  
          for the SAB to meet the primary objections of this bill.

           SUPPORT  :   (Verified  4/28/09)

          Association of California School Administrators
          Los Angeles Unified School District
          Riverside County Schools Advocacy Association
          Small School Districts Association


          DLW:do  4/30/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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