BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: SB 204 AUTHOR: Liu INTRODUCED: February 8, 2011 FISCAL COMM: Yes HEARING DATE: April 13, 2011 URGENCY: No CONSULTANT:Daniel Alvarez SUBJECT : K-12 Education Governance. SUMMARY Changes the state-level governance structure for K-12 education by reducing the responsibilities and powers of the State Board of Education (SBE) to an advisory role to the Governor, and specifies the role of the State Superintendent of Public Instruction (SPI) is to ensure delivery of high-quality education to the pupils of the state from preschool through grade 12, as specified. BACKGROUND The California Constitution specifies that a Superintendent of Public Instruction (SPI) shall be elected by the people at each gubernatorial election. The Constitution provides no further specification of the duties of the SPI (Article IX, Section 2). The SPI is one of seven statewide elective offices specified in the constitution. Current law prescribes the responsibilities of the SPI throughout the Education Code including, among other things, superintend the schools of this state. (Education Code § 33112 et. seq.) The California Constitution requires the Legislature to provide for the appointment or election of the State Board of Education. In addition, the state Constitution specifies the following duties of the SBE: 1) Adopt textbooks for use in grades one through eight (Article IX, Section 7.5); and 2) Appoint, upon the nomination of the SPI, one Deputy and three Associate Superintendents of Public Instruction. (Article IX, Section 2.1) Current law provides for an eleven member State Board of SB 204 Page 2 Education (SBE) appointed by the Governor for four-year terms, with each appointee subject to confirmation by a two-thirds vote of the Senate, with the exception of a student member who serves only a one-year term. (EC § 33000 and § 33000.5) Current law provides that the SBE determines all questions of policy within its powers. (EC § 33030) Current law also requires a biennial report from the SBE to the governor of its actions for the preceding two years, together with recommendations of its needs, and recommended changes for legislation, as necessary. (EC § 33037) Beginning in 1991, then Governor Wilson created by Executive Order and appointed a "Secretary of Child Development and Education" to be his cabinet-level advisor on education matters. The Legislature refused to approve the statutory authorization for this position and the Governor was forced to fund the position with funds redirected from other offices within the Executive Branch. In the past, Governors Davis and Schwarzenegger have also chosen to appoint a Secretary of Education as their cabinet-level advisor on education matters, even though the position had not been specifically authorized in statute. However, in January 2011, as part of his proposed budget, Governor Brown has chosen not to appoint a Secretary of Education and has proposed to eliminate funding for the Office of the Secretary of Education (OSE). ANALYSIS This bill makes various changes to the state-level governance structure of K-12 education related to the State Board of Education and the State Superintendent of Public Instruction. Specifically, this bill: 1) Requires appointees to the State Board of Education (SBE) to: a) Represent and reside in different geographical regions of the state. b) Reflect the ethnic and gender diversity of the state's population. SB 204 Page 3 c) Represent the array of disciplines active in the public education system including, but not 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. 2) Repeals the authority of the SBE "to determine all questions of policy within its powers" and instead clarifies that it is an advisor to the Governor on education policy. 3) Repeals the broad authority of the SBE to adopt regulations for the government of the K-12 schools that receive financial support from the state and instead clarifies the SBE shall adopt rules and regulations not inconsistent with the laws of the state for its own procedures. 4) Clarifies that the SBE shall make recommendations for the improvement of the administration and efficiency of the public schools of the state and shall report the results, and any recommendations that it makes under this section, to the Governor, as specified. 5) Repeals the SBE power to issue subpoenas to compel the attendance of witnesses. 6) Repeals the requirement that the SPI execute, under direction of the SBE, the policies which have been decided upon by the board and instead specifies the role of the SPI is to ensure delivery of high-quality education to the pupils of the state from preschool through grade 12. 7) Requires the responsibilities of the SPI to include among other things: a) Establishing educational expectation for pupils. b) Apportioning resources to schools. c) Managing statewide educational and financial SB 204 Page 4 accountability programs. d) Facilitating educational accountability by administering and promoting the effective use of data to measure and improve pupil learning. 8) Defines educational accountability to include, but not be limited to: a) Measuring pupil and institutional performance to ensure adequate and equitable education and compliance with special education and civil rights law. b) Monitoring the implementation of state and federal programs. c) Identifying schools that fail to meet pupil achievement targets. d) Defining and implementing intervention strategies for schools that fail to meet pupil achievement targets. 9) Clarifies that the Department of Education shall be administered by an executive office known as the Director of Education who serves at the pleasure of the SPI. STAFF COMMENTS 1) Need for the bill : According to the author's office, several studies in the last decade have been critical of California's education governance system and made recommendations for reform that have yet to be implemented. All the studies have found the current system overly complex, inefficient, ineffective, and lacking in transparency and accountability. 2) Existing state governance structures vary and, according to information compiled by the Education Commission of the States, can be categorized into four general models: a) The governor appoints members of the state SB 204 Page 5 board of education, the state board then appoints the chief state school officer. This model is used by 13 states. b) The state board of education is elected and the board appoints the chief state school officer. Seven states utilize this approach. c) The Governor appoints the members of the state board of education and the chief school officer (i.e., State Superintendent) is elected. This is a model used by 11 states, including California. 1) The governor appoints the state board of education and the chief school officer. There are nine states that use this model. And finally, 10 states, plus the District of Columbia, function under modified versions of the four models listed above. 1) Existing statute establishes specific duties for the SBE and the SPI ; however, the various provisions of law can be confusing and perhaps even overlapping. For example, the Education Code indicates that the SPI shall "superintend the schools of this state" and also specifies that the SBE shall "determine all questions of policy within its powers." 2) Tension between an elected SPI and appointed SBE is not new. As far back as 1912, it was noted that the juxtaposition of roles between the elected SPI and governor-appointed SBE could cause potential conflict. Numerous attempts have been made to provide a level of clarity on this unique relationship. The voters have rejected attempts to eliminate the elected SPI and increase the authority of the SBE. The elected Superintendent of Public Instruction has been the highest ranking education official since 1849 and has been in charge of the State Department of Education since its creation in 1921. There have been three initiatives, in 1928, 1958, and 1968 which would SB 204 Page 6 have the SPI appointed by the SBE. All three were rejected by the voters. Most recently, in the early 1990's, a dispute about the relative roles and responsibilities of the SBE and the SPI led to a lawsuit known as State Board of Education v. Honig. In February 1993, the Court of Appeal decided that the SPI must: (a) submit to the SBE for approval the nominations of four persons (deputy and associate superintendents within the Department of Education); (b) implement a SBE policy related to additional board staff; (c) implement a SBE policy related to Board review of performance evaluations of key employees of the State Department of Education; and (d) process the Board's legal services contract with a private firm used as litigation counsel by the SBE. Staff recommends an amendment to further clarify the role of the SBE by clearly stating on page 3, line 28 insert: "The board shall advise the Governor, Legislature, and Superintendent of Public Instruction 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 of Education 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." In addition, staff recommends an amendment to clearly define duties of the SPI to include what seems to be intended by this measure which is setting of policy within and administering the State Department of Education. Therefore on page 5, between lines 18 and 19 amend EC § 33112, as follows: Section 33112. The Superintendent of Public Instruction shall: a) Superintend the schools of this state. b) Set policy for, supervise and administer the State Department of Education. SB 204 Page 7 c) Ýremainder of section unchanged] 3) Prior legislation . In 2010, SB 1186 (Liu) was substantially the same as this measure. However, the measure subsequently was held on the Senate Appropriations suspense file. In 1999, SB 839 (Alpert) attempted to clarify the relationships between the SBE, SPI, and then Secretary for Education functions and responsibilities. This measure was never heard in the Assembly Education Committee at the author's request. In 1993 and 1994, in response to the court decision in SBE v. Honig, the Legislature passed SB 856 (Dills) and SB 1856 (Dills) to roll back the expanded powers of the Board under the decision. Both measures were vetoed by then Governor Wilson. The veto message of SB 856 read in part: The relationship between the Superintendent of Public Instruction and the State Board of Education is both complicated and complementary. The existing statutory and constitutional provisions create a system analogous to the corporate model with a board of directors and an executive director. Ideally, a strong Board and a strong Superintendent serve each other well. The Board reflects California's ethnic and cultural diversity --an individual cannot. The State Board conducts its business in full public view, with prior notice, and with public input. A Superintendent, as an individual, does not have to meet the standards of open government that a board does. Finally, this bill would restrict all governors' ability to shape education policy?To deny the chief executive of the state the ability to articulate policy objectives in matters of education would be shortsighted and unreasonable. SUPPORT SB 204 Page 8 California Language Teachers Association American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO Small School Districts' Association OPPOSITION None on file.