BILL NUMBER: SB 1186 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2010
INTRODUCED BY Senator Liu
FEBRUARY 18, 2010
An act to amend Sections 33000, 33030, 33031, 33032, 33111, and
33301 of, to add Chapter 1.7 (commencing with Section 33090) to Part
20 of Division 2 of Title 2 of, and to repeal Section 33034 of, the
Education Code, relating to education governance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1186, as amended, Liu. Education governance.
(1) Existing law establishes the State Board of Education to adopt
policies, and to establish rules and regulations, not inconsistent
with the laws of the state, to govern the public elementary and
secondary schools of the state. Existing law provides that the state
board consists of 10 members, who are appointed by the Governor to
4-year terms with the advice and consent of 2/3 of the Senate.
Existing law also provides for the appointment by the Governor, with
the advice and consent of 2/3 of the Senate, of a student member to a
single one-year term commencing on August 1. Existing law authorizes
the state board to issue subpoenas to compel the attendance of
witnesses before the board, or before any member of the board, in the
same manner as any court in the state.
This bill would require that the 10 nonstudent appointees to the
state board represent, and reside in, distinct
different geographical areas of the state, reflect the
ethnic and gender diversity of the state's population, and represent
the various disciplines active in the public education system.
The bill would eliminate the authority of the state board to
establish statewide educational policy and issue rules and
regulations for the governance of public elementary and secondary
schools. The bill would instead provide that the state board, working
with the Secretary of for Education,
whose office would be established by this bill, would advise the
Governor on education policy.
The bill would eliminate the authority of the state board to issue
subpoenas to compel the attendance of witnesses.
(2) Existing law requires the Superintendent of Public
Instruction, among other things, to execute, under the direction of
the State Board of Education, the policies decided upon by the state
board.
This bill would eliminate the requirement that the State
Department of Education Superintendent of Public
Instruction execute policies of the State Board of Education.
The bill would instead define the function of the Superintendent as
ensuring the delivery of high-quality education to the pupils of the
state who attend preschool, kindergarten, and grades 1 to 12,
inclusive.
The bill would establish the Secretary of
for Education as a cabinet-level officer, appointed by the
Governor with the advice and consent of 2/3 of the Senate,
to work who would work together with the state
board to advise the Governor on education policy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) President Obama has called on states to move forward
aggressively on education reform. The approval by Congress of the
Race to the Top competitive grant funds echoes this call, and funds
will go to states that are leading the way with ambitious yet
achievable plans for implementing coherent, compelling, and
comprehensive education reform.
(b) The United States House of Representatives has passed
legislation that contains an Early Learning Challenge Fund, which is
an $8 billion, eight-year investment in early learning programs.
(c) Superintendent of Public Instruction Jack O'Connell has
(c) Several studies, including a 2007
report by the Superintendent of Public Instruction, have
highlighted California's persistent achievement gap among different
demographic groups of pupils.
(d) California has a high school completion rate of 75 percent.
About 60 percent of California high school graduates enter community
college or a four-year college.
(e) Recent studies have criticized California's governance system
for lacking transparency , and being overly
complex, inefficient, and ineffective.
(f) In order for California to produce an educated
population, make headway in closing the student achievement gap
and to , and be competitive in seeking
federal Race to the Top program funds, and other
federal education programs and improvement funds, the state must have
an effective, functional, and streamlined governance system in
place.
SEC. 2. Section 33000 of the Education Code is amended to read:
33000. (a) There is in the state government a State Board of
Education, consisting of 10 members, who are appointed by the
Governor with the advice and consent of two-thirds of the Senate.
(b) Appointees to the state board shall do all of the following:
(1) Represent and reside in distinct
different geographical regions of the state.
(2) Reflect the ethnic and gender diversity of the state's
population.
(3) Represent the array of disciplines active in the public
education system, including, but not necessarily limited to,
teachers, principals, school district administrators and financial
officers, charter school administrators, and employees of
county offices of education and school district governing boards.
county offices of education, school district governing
boards, classified employees, and parents.
SEC. 3. Section 33030 of the Education Code is amended to read:
33030. The board together with the Secretary of
, together with the Secretary for Education,
shall advise the Governor on education policy.
SEC. 4. Section 33031 of the Education Code is amended to read:
33031. (a) The state board shall adopt rules and regulations not
inconsistent with the laws of this state for its own procedures.
(b) The rules and regulations adopted by the state board under
this section shall be published for distribution as soon as
practicable after adoption.
SEC. 5. Section 33032 of the Education Code is amended to read:
33032. The state board shall study the educational conditions and
needs of the state, and make plans
recommendations for the improvement of the administration and
efficiency of the public schools of the state. The state board shall
report the results of its study, and any plans
recommendations that it makes under this section, to the
Governor in the report required by Section 33037.
SEC. 6. Section 33034 of the Education Code is repealed.
SEC. 7. Chapter 1.7 (commencing with Section 33090) is added to
Part 20 of Division 2 of Title 2 of the Education Code, to read:
CHAPTER 1.7. SECRETARY OF FOR
EDUCATION
33090. There is in the state government a Secretary of
for Education, a cabinet-level officer who
shall, together with the State Board of Education, advise the
Governor on education policy. The Secretary of
for Education shall be appointed by the Governor with the
advice and consent of two-thirds of the Senate. The Secretary
of Education shall develop and recommend for
Education shall develop and recommend policies and programs and
fiscal and governance incentives that promote sharing of
information and consolidation of educational services among
school districts and county offices of education , expansion of
the K-12 public education system to include early childhood
education, and an increase in the ratio of school counselors to
middle and high school pupils .
SEC. 8. Section 33111 of the Education Code is amended to read:
33111. The Superintendent of Public Instruction shall ensure the
delivery of high-quality education to the pupils of the state who
attend preschool, kindergarten, and grades 1 to 12, inclusive. The
responsibilities of the Superintendent shall include, but not
necessarily be limited to, all of the following:
(a) Establishing educational expectations for pupils.
(b) Apportioning resources to schools.
(c) Managing statewide educational and financial accountability
programs.
(d) Overseeing school district fiscal audit reviews.
(e) Serving as the independent spokesperson for California's
populace and pupils.
(f) Facilitating educational accountability by administering and
promoting the effective use of data to measure and improve pupil
learning. Educational accountability shall include, but not
necessarily be limited to, all of the following:
(1) Measuring pupil and institutional performance to ensure
adequate and equitable education and compliance with special
education and civil rights law.
(2) Monitoring the implementation of state and federal programs.
(3) Identifying schools that fail to meet pupil achievement
targets.
(4) Defining and implementing intervention strategies for schools
that fail to meet pupil achievement targets.
SEC. 9. Section 33301 of the Education Code is amended to read:
33301. The Department of Education shall be administered through
the Director of Education, in whom all executive and
administrative functions of the department are vested, and who is the
executive officer of the State Board of Education. who
shall be appointed by the Superintendent of Public Instruction and
vested with all executive and administrative functions of the
department.