BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2662
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2662 (Education Committee)
          As Amended  August 24, 2012
          2/3 vote 
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |70-0 |(May 25, 2012)  |SENATE: |33-0 |(August 29,    |
          |           |     |                |        |     |2012)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    ED.

          SUMMARY  :  Makes technical and 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.

          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.

          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.

          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.

          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.

          6)Corrects a cross reference in the provisions establishing the 








                                                                  AB 2662
                                                                  Page  2

            Annual Report on Dropouts in California.

          7)Aligns the calculation and effective date of the annual change 
            to Parental Liability for Willful Pupil Misconduct with the 
            calculation and effective date of the annual change to 
            Contract Bid Limit under the Public Contract Code.

          8)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.

          9)Includes COEs in the authority to approve supplemental 
            instructional materials other than those approved by the State 
            Board of Education.

          10)Makes a conforming change in the Revenue and Taxation Code 
            regarding basic aid funding. 

          11)Makes non-substantive, technical corrections.

           The Senate amendments  add provisions that do the following:

          1)Update obsolete language to reflect the change from the 
            Curriculum Development and Supplemental Materials Commission 
            to the Instructional Quality Commission (Section 1).  

          2)Update the obsolete term "mentally retarded" with "pupils with 
            intellectual disabilities" (Section 12).

          3)Extend from 2012-13 to 2014-15 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, consistent with categorical flexibility provisions.  
            Finds and declares that this Section furthers the purposes of 
            the California State Lottery Act of 1984 (Sections 13 and 15).

          4)Avoid chaptering out problems with AB 2279 (Swanson) and SB 
            1497 (Negrete McLeod) (Sections 4.5 and 9.5) of this 
            legislative session. 

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version passed by the Senate.








                                                                  AB 2662
                                                                  Page  3


           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  This bill is the annual K-12 education clean-up bill 
          that makes various non-controversial revisions to the Education 
          Code.  The majority of the changes 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, objection to any provision by the 
          agency affected, the Department of Finance, or any of the four 
          legislative caucuses prevent that provision from being included 
          in this bill.  

           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087 



                                                               FN: 0005654