BILL ANALYSIS Ó AB 2662 Page 1 Date of Hearing: April 25, 2012 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 2662 (Committee on Education) - As Amended: April 18, 2012 SUBJECT : Education SUMMARY : Makes technical non-controversial revisions to the Education Code. Specifically, this bill : 1)Specifies that an action to lapse a school district is also subject to plans and recommendations of the county committee on school district reorganization (Section 2). 2)Authorizes the Superintendent of Public Instruction to reassume, either directly or through an appointed administrator, all the legal rights, duties, and powers of the governing board of a school district if the district violates specified improvement plans during the period of the trustee's appointment (Section 3). 3)Specifies that for the purpose of the provisions establishing a process for repaying an apportionment significant audit exception or to pay a penalty arising from an audit exception, "local educational agency" includes charter schools (Section 4). 4)Specifies that if a county office of education (COE) receives a qualified certification from the governing board of a school district when it determines a negative certification should have been filed, the county superintendent of schools shall change the certification, as appropriate (Section 6). 5)Corrects an obsolete citation in the provision requiring an adjustment of revenue limits for the 1995-96 fiscal year and fiscal years thereafter by the amount of increased or decreased employer contributions to the Public Employees' Retirement System resulting from the enactment of Chapter 330 of the Statues of 1982 (Section 7). 6)Requires the policy regarding promotion and retention of pupils between specified grades to provide to a person holding the right to make educational decisions for the pupil, as specified, an opportunity to consult with the teacher or AB 2662 Page 2 teachers responsible for the decision to promote or retain the pupil, and requires that this person have an opportunity, under certain circumstances, to discuss a teacher's recommendation with the teacher and the principal before any final determination of pupil retention or promotion is made (Section 8). 7)Corrects a cross reference in the provisions establishing the Annual Report on Dropouts in California (Section 9). 8)Specifies that the liability of a parent or guardian of any minor whose willful misconduct results in the injury or death to any specified individuals shall be adjusted annually for inflation. Requires the annual adjustment to be rounded to the nearest $100 (Section 10). 9)Deletes the requirement that a school has not been awarded federal startup funds to initiate a school breakfast program or a summer food service program as eligibility for limited financial assistance to encourage the startup of School Breakfast Programs and expansion into all qualified schools (Section 11). 10)Expands the authority to approve supplemental instructional materials other than those approved by the State Board of Education to COEs (Section 12). 11)Makes a conforming change in the Revenue and Taxation Code regarding basic aid funding (Section 13). 12)Makes non-substantive, technical corrections (Sections 1 and 5). EXISTING LAW assigns various duties to state and local educational agencies and governs the operation of public schools. FISCAL EFFECT : Unknown COMMENTS : This bill is the annual K-12 education clean-up bill that makes various non-controversial revisions to statute. The majority of the provisions were identified by the California Department of Education and make technical corrections to the statute, such as correcting a section citation, grammatical corrections, or striking obsolete language. By tradition, AB 2662 Page 3 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. Committee amendment . Section 8 of the bill, which authorizes a person holding the right to make educational decisions for a pupil an opportunity to consult with the teacher or teachers responsible for the decision to promote or retain the pupil, was inadvertently left in the April 18th amendments to the bill. Staff recommends striking Section 8 of the bill. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087