BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2662|
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                                    CONSENT


          Bill No:  AB 2662
          Author:   Assembly Education Committee
          Amended:  7/6/12 in Senate
          Vote:     27

           
           SENATE EDUCATION COMMITTEE :  8-0, 6/27/12
          AYES:  Lowenthal, Alquist, Blakeslee, Huff, Liu, Price, 
            Simitian, Vargas
          NO VOTE RECORDED:  Runner, Hancock, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  70-0, 5/25/12 (Consent) - See last page 
            for vote


           SUBJECT  :    Education

           SOURCE  :     California Department of Education


           DIGEST  :    This bill is the annual education omnibus bill 
          to codify existing practice, correct technical errors in 
          statute, update cross references, and delete obsolete 
          references related to education issues.  

           ANALYSIS :    This bill is the annual Education Code cleanup 
          bill that makes various non-controversial revisions to 
          statute.  This education omnibus bill makes technical, 
          non-substantive revisions to the Education Code.  By 
          tradition, objection to any provision by the agency 
          affected, the Department of Finance, or any of the four 
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          legislative caucuses prevents that provision from being 
          included in this bill.  

          This bill:

          1. Updates obsolete language to reflect the change from the 
             Curriculum Development and Supplemental Materials 
             Commission to the Instructional Quality Commission.  
             (Education Code (ED) Section 33530, SEC. 1)

          2. Specifies that an action to lapse a school district is 
             also subject to plans and recommendations of the county 
             committee on school district reorganization.  (ED 
             Section 35787, SEC. 3)

          3. 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.  (ED Section 41326, 
             SEC. 4)

          4. 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.  (ED Section 41344, SEC. 5)

          5. Specifies that if a county office of education (COE) 
             receives a qualified certification from the governing 
             board of a district when it determines a negative 
             certification should have been filed, the county 
             superintendent of schools shall change the 
             certification.  (ED Section 42131, SEC. 7)

          6. 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, Statues of 1982.  (ED Section 
             42238.12, SEC. 8) 


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          7. Corrects a cross-reference in the provisions 
             establishing the Annual Report on Dropouts in 
             California.  (ED Section 48070.6, SEC.  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.  (ED Section 48904, 
             SEC. 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.  (ED Section 
             49550.3, SEC. 11)

          10.Updates an obsolete term with regard to pupils with 
             intellectual disabilities.  (ED Section 51765, SEC. 12)

          11.Expands the authority to approve supplemental 
             instructional materials other than those approved by the 
             State Board of Education to COEs.  
          (ED Section 60605.86, SEC. 13)

          12.Extends the fiscal years in which payments from the 
             California State Lottery Education Fund includes the 
             same amount of average daily attendance for classes for 
             adults and regional occupational centers as made in the 
             2007-08 fiscal year.  Specifies the Legislature finds 
             and declares that this Section furthers the purposes of 
             the California State Lottery Act of 1984.  (Government 
             Code Section 8880.5, SEC. 14 and 16)

          13.Makes a conforming change in the Revenue and Taxation 
             Code (RTC) regarding basic aid funding (RTC Section 
             75.70, SEC. 15)

          14.Makes nonsubstantive, technical corrections.  (SEC. 2 
             and 6)

           Comments  

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          Need for the bill  .  This bill, sponsored by the California 
          Department of Education, is the annual K-12 education 
          clean-up bill to correct errors, resolve conflicts, delete 
          obsolete references, and make other non-controversial 
          changes.  

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

           SUPPORT  :   (Verified  8/7/12)

          California Department of Education (source)



           ASSEMBLY FLOOR  :  70-0, 5/25/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick, 
            Gatto, Gordon, Gorell, Hagman, Halderman, Harkey, 
            Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, 
            Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Atkins, Bill Berryhill, Fletcher, 
            Fuentes, Grove, Hall, Knight, Ma, Perea, Silva


          PQ:m  8/7/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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