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 








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            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, 








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          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