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