BILL NUMBER: SB 204	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Liu

                        FEBRUARY 8, 2011

   An act to amend Sections 33000, 33030, 33031, 33032, 33111, 
33112,  and 33301 of, and to repeal Sections 33034, 33302, and
33303 of, the Education Code, relating to education governance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, as amended, Liu. Education governance.
   (1) Existing law establishes the State Board of Education to adopt
policies, and to establish rules and regulations, not inconsistent
with the laws of the state, to govern the public elementary and
secondary schools of the state. Existing law provides that the state
board consists of 10 members, who are appointed by the Governor to
4-year terms with the advice and consent of 2/3 of the Senate.
Existing law also provides for the appointment by the Governor, with
the advice and consent of 2/3 of the Senate, of a student member to a
single one-year term commencing on August 1. Existing law authorizes
the state board to issue subpoenas to compel the attendance of
witnesses before the board, or before any member of the board, in the
same manner as any court in the state.
   This bill would require that the 10 nonstudent appointees to the
state board represent, and reside in, different geographical areas of
the state, reflect the ethnic and gender diversity of the state's
population, and represent the various disciplines active in the
public education system.
   The bill would eliminate the authority of the state board to
establish statewide educational policy and issue rules and
regulations for the governance of public elementary and secondary
schools. The bill would instead provide that the state board would
advise the Governor  , Legislature, and Superintendent of Public
Instruction  on  education  policy  matters
pertaining to elementary and secondary education, and would make
annual recommendations  to the Legislature regarding ways to
improve the quality of public education throughout the state. The
bill would specify that the state board would carry out only the
duties and functions expressly granted to it by the statutes and
constitution of the state  .
   The bill would eliminate the authority of the state board to issue
subpoenas to compel the attendance of witnesses.
   (2) Existing law requires the Superintendent of Public
Instruction, among other things, to execute, under the direction of
the State Board of Education, the policies decided upon by the state
board. Existing law provides that the Superintendent of Public
Instruction is the ex officio Director of Education.
   This bill would eliminate the requirement that the Superintendent
of Public Instruction execute policies of the State Board of
Education. The bill would instead define the function of the
Superintendent as ensuring the delivery of high-quality education to
the pupils of the state who attend preschool, kindergarten, and
grades 1 to 12, inclusive.  The   The bill would
provide that the Superintendent would set policy for, supervise, and
administer the State Department of Education. 
    The  bill would provide that the Director of Education
would be appointed by, and serve at the pleasure of, the
Superintendent. The bill would further provide that the Director of
Education would perform all executive and administrative functions of
the State Department of Education delegated to him or her by the
Superintendent.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) President Obama has called on states to move forward
aggressively on education reform. The approval by Congress of the
Race to the Top competitive grant funds echoes this call, and funds
will go to states that are leading the way with ambitious yet
achievable plans for implementing coherent, compelling, and
comprehensive education reform.
   (b) The United States House of Representatives has passed
legislation that contains an Early Learning Challenge Fund, which is
an $8 billion, eight-year investment in early learning programs.
   (c) Several studies, including a 2007 report by the Superintendent
of Public Instruction, have highlighted California's persistent
achievement gap among different demographic groups of pupils.
   (d) California has a high school completion rate of 75 percent.
About 60 percent of California high school graduates enter community
college or a four-year college.
   (e) Recent studies have criticized California's governance system
for lacking transparency and being overly complex, inefficient, and
ineffective.
   (f) In order for California to produce an educated population,
make headway in closing the student achievement gap, and be
competitive in seeking federal Race to the Top program and other
federal education programs and improvement funds, the state must have
an effective, functional, and streamlined governance system in
place.
  SEC. 2.  Section 33000 of the Education Code is amended to read:
   33000.  (a) There is in the state government a State Board of
Education, consisting of 10 members, who are appointed by the
Governor with the advice and consent of two-thirds of the Senate.
   (b) Appointees to the state board shall do all of the following:
   (1) Represent and reside in different geographical regions of the
state.
   (2) Reflect the ethnic and gender diversity of the state's
population.
   (3) Represent the array of disciplines active in the public
education system, including, but not necessarily limited to,
teachers, principals, school district administrators and financial
officers, charter school administrators, county offices of education,
school district governing boards, classified employees, and parents.

  SEC. 3.  Section 33030 of the Education Code is amended to read:
   33030.  The board shall advise the  Governor on education
policy.   Governor, Legislature, and Superintendent on
policy matters pertaining to elementary and secondary education, and
shall make annual recommendations to the Legislature regarding ways
to improve the quality of public education throughout the state. The
state board shall carry out duties and functions expressly granted to
it by the statutes and constitution of this state. No further duties
or functions shall   be implied. 
  SEC. 4.  Section 33031 of the Education Code is amended to read:
   33031.  (a) The state board shall adopt rules and regulations not
inconsistent with the laws of this state for its own procedures.
    (b) The rules and regulations adopted by the state board under
this section shall be published for distribution as soon as
practicable after adoption.
  SEC. 5.  Section 33032 of the Education Code is amended to read:
   33032.  The state board shall study the educational conditions and
needs of the state, and make recommendations for the improvement of
the administration and efficiency of the public schools of the state.
The state board shall report the results of its study, and any
recommendations that it makes under this section, to the Governor in
the report required by Section 33037.
  SEC. 6.  Section 33034 of the Education Code is repealed.
  SEC. 7.  Section 33111 of the Education Code is amended to read:
   33111.  The Superintendent of Public Instruction shall ensure the
delivery of high-quality education to the pupils of the state who
attend preschool, kindergarten, and grades 1 to 12, inclusive. The
responsibilities of the Superintendent shall include, but not
necessarily be limited to, all of the following:
   (a) Establishing educational expectations for pupils.
   (b) Apportioning resources to schools.
   (c) Managing statewide educational and financial accountability
programs.
   (d) Overseeing school district fiscal audit reviews.
   (e) Serving as the independent spokesperson for California's
populace and pupils.
   (f) Facilitating educational accountability by administering and
promoting the effective use of data to measure and improve pupil
learning. Educational accountability shall include, but not
necessarily be limited to, all of the following:
   (1) Measuring pupil and institutional performance to ensure
adequate and equitable education and compliance with special
education and civil rights law.
   (2) Monitoring the implementation of state and federal programs.
   (3) Identifying schools that fail to meet pupil achievement
targets.
   (4) Defining and implementing intervention strategies for schools
that fail to meet pupil achievement targets.
   SEC. 8.    Section 33112 of the   Education
Code   is amended to read: 
   33112.  The Superintendent  of Public Instruction
 shall:
   (a) Superintend the schools of this state. 
   (b) Set policy for, supervise, and administer the department.
 
   (b) 
    (   c)  Prepare, have printed, and furnish to
teachers and to all officers charged with the administration of the
laws relating to the public schools the blank forms and books
necessary to the discharge of their duties, including blank teachers'
certificates to be used by county and city and county boards of
education. 
   (c) 
    (   d)  Authenticate with his or her official
seal all drafts or orders drawn by him or her, and all papers and
writings issued from his or her office. 
   (d) 
    (   e)  Have bound, at the state bindery, all
valuable school reports, journals, and documents in his or her
office, or received by him or her. 
   (e) 
    (   f)  Deliver over, at the expiration of his
or her term of office, on demand, to his or her successor, all
property, books, documents, maps, records, reports, and other papers
belonging to his or her office, or which may have been received by
him or her for the use of his or her office. 
   (f) 
    (   g)  Designate and appoint, or terminate the
designation and appointment of, any officer or employee of the
department to have the powers and liabilities of a deputy, including
designation pursuant to Section 7.9 of the Government Code, which
appointment and termination of appointment shall be effective when
filed in writing in the office of the Secretary of State. 
   (g) 
    (   h)  Annually inform the governing boards of
school districts, in a manner prescribed by the 
superintendent   Superintendent  , of the
provisions of Section 60510.5.
   SEC. 8.   SEC. 9.   Section 33301 of the
Education Code is amended to read:
   33301.  The Department of Education shall be administered through
an executive officer known as the Director of Education, who shall be
appointed by, and serve at the pleasure of, the Superintendent of
Public Instruction. The Director of Education shall perform all
executive and administrative functions of the department delegated to
him or her by the Superintendent.
   SEC. 9.   SEC. 10.   Section 33302 of
the Education Code is repealed.
   SEC. 10.   SEC. 11.   Section 33303 of
the Education Code is repealed.