BILL ANALYSIS Ó
SB 942
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 942 (Education Committee) - As Amended: June 29, 2011
SENATE VOTE : 39-0
SUBJECT : Education
SUMMARY : Makes technical non-controversial revisions to the
Education Code (EC) to delete obsolete references and language,
replaces references to the Secretary for Education (Secretary)
with the president of the State Board of Education (SBE) in
numerous sections of law, and repeals obsolete sections of law
that reference the Secretary. Specifically, this bill :
1)Replaces the term "mental retardation" with "intellectual
disabilities" in various sections of the Education Code to
conform to amendments to the federal Individual with
Disabilities Education Act.
2)Deletes the requirement that training courses and requirement
for bus drivers be reviewed and revised, if necessary. This
review has taken place and it was determined that changes to
the training and other requirements was not necessary.
3)Correct a cross reference to Business and Professions Code
regarding speech-language pathologists.
4)Replaces the Secretary with the president of the SBE, or his
or her designee on the following:
a) The Advisory Committee on Before and After School
Programs. (EC § 8484.9)
b) A working group on the development and implementation of
the California Longitudinal Teacher Integrated Data
Education System. (EC § 10601.5)
c) The K-12 High Speed Network advisory board. (EC §
11800)
d) The State Council regarding the Interstate Compact on
Educational Opportunity for Military Children. (EC §
49701)
e) For purposes of participating in the joint selection of
the county office of education that operates Fiscal Crisis
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and Management Assistance Team (FCMAT). (EC§ 42127.8)
f) Review of applications for the receipt of Quality
Education Investment Act funds, recommendations about which
schools should be funded, selection of county offices to
provide technical assistance. (EC § 52055.720, §
52055.730, § 52055.760, § 52055.770)
g) Education Technology and Professional Development Grant
Programs. (EC § 52270)
5)Replaces the Governor's Office of Child Development and
Education with the president of the SBE, or his or her
designee in a section dealing with the Council for Technology
in Learning. (EC § 52254)
6)Strikes reference to the Secretary for Education, Office of
the Secretary for Education, or the previous title of
Secretary of Child Development and Education in the following
sections:
a) Collaboration regarding the development of Child Care
and Development Fund Plan (Education Code § 8206.1)
b) Receipt of information about any exception to the
requirement that, under certain circumstances, at least
of children enrolled in a State Preschool program to be 4
year olds. (EC § 8236)
c) Receipt of a report relative to the Child Care
Facilities Revolving Fund. (EC § 8278.3)
d) Receipt of a report summarizing the distribution of
funds for the retention of qualified child care employees
in Los Angeles County. (EC § 8279.7)
e) Membership on an advisory committee to assist the
California Department of Education in developing a state
plan for child development programs. (EC § 8286)
f) Definition of "Secretary of Child Development and
Education" relative to Healthy Start. (EC § 8802)
g) Membership on the Healthy Start Support Services for
Children Program Council. (EC § 8803)
h) Collaboration regarding the identification of any
federal funds that may be used for the Healthy Start
program. (EC § 8807)
i) Inclusion in the development of guidelines for
design-build projects. (EC § 17250.40)
j) Receipt of a status report submitted by the Fiscal
Crisis and Management Assistance Team (FCMAT), and one
submitted by the county superintendent of schools,
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regarding the progress of school districts that have
received an emergency loan. (EC § 41327.1 and § 41327.2)
aa) Participation in the approval of an expenditure plan
submitted by the Commission on Teacher Credentialing for
the development of a subject matter exam in the Filipino
language. (EC § 44280)
bb) Receipt of a report submitted by an independent
evaluator regarding the effects of the change in the entry
age for kindergarten and first grade pursuant to the
kindergarten Readiness Pilot Program. (EC § 48005.45)
cc) Requirement in the 2000 Budget Act to review school
accountability report card data elements to determine to
what extent the data may be incorporated into the Academic
Performance Index (API). (EC § 33126.2)
dd) Receipt of reports submitted by an independent evaluator
of the high school exit exam. (EC § 60855)
ee) Membership on an advisory board regarding the California
Longitudinal Pupil Achievement Data System. (EC § 60900)
ff) Coordination regarding environmental education. (Public
Resources Code (PRC)§ 42630)
gg) Cooperation regarding the development and implementation
of a unified education strategy on, and education
principals for, the environment for schools. (PRC § 71300
and § 71301)
hh) Consultation regarding the award of funds for
school-based early mental health intervention and
prevention services. (WIC § 4380)
ii) Receipt of requests for waivers or negotiated contracts,
consultation for the granting of waivers and negotiated
contracts, and the provision of notification to the
Legislature prior to the effective date of any waiver or
negotiated contract, regarding the Presley-Brown
Interagency Children's Services Act. (WIC § 18986.20, §
18986.23, § 18986.24)
jj) Grants for the development of educational programs that
teach concepts of source reduction, recycling, and
composting. This grant program is no longer operative.
(Public Resources Code § 42645)
aaa) Definitions relative to the Presley-Brown Interagency
Children's Services Act. (WIC § 18986.3)
7)Repeals obsolete sections, articles or chapters that reference
the Secretary for Education:
a) Machado School Violence Prevention and Response Task
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Force. This task force fulfilled its statutory
requirements and no longer exists. (EC § 32239.5 et seq)
b) Digital High School Education Technology Grant Program.
This grant program is no longer operative. (EC § 52250)
c) Industry-Based Certification Incentive Grant Program.
This grant program is no longer operative. (EC § 52360)
d) Governor's Reading Award Program and public involvement
reading campaign. These programs are no longer operative.
(EC § 53050 and § 53075)
e) Pilot Project for Categorical Education Program
Flexibility. This pilot project has expired. (EC § 63050)
f) Recognition regarding the defunct Governor's Mentoring
Partnership. (Welfare and Institutions Code § 2102)
g) Task force regarding the identification options for
meeting the staffing needs of state and county health,
human services, and criminal justice agencies. (Welfare
and Institutions Code § 4341.1)
h) Receipt of a report from the Commission on Teacher
Credentialing regarding the findings of a workgroup. (EC §
44265.2)
i) Membership on an advisory panel for the development of
evaluation research design regarding an evaluation of the
Class Size Reduction Program. (EC § 52128.5)
j) Membership on an advisory group regarding the
development of a coordinated, comprehensive children's
services system. (Welfare & Institutions Code (WIC) §
5870)
EXISTING LAW :
1)Gives the Secretary for Education duties with respect to
various child care and development, school, and education
programs, including, among others, serving on advisory bodies,
receiving reports, and consulting on various matters.
2)Contains references to mental retardation in provisions
governing special education programs.
3)Establishes various programs, assigns various duties to state
and local educational agencies and governs the operation of
public schools.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS : This bill is the annual K-12 education clean up bill
that makes various non-controversial revisions to statute. By
tradition, objection to any provision by the agency affected,
the Department of Finance, or any of the four legislative
caucuses prevents that provision from being included in this
bill.
Several of the provisions of this bill conform to Governor
Brown's action to eliminate the Office of the Secretary for
Education in January 2011. The Secretary, or his or her
designee, was a member of various advisory committees and the
recipient of numerous reports that are also submitted to the
Governor and Legislature. This bill replaces the Secretary with
the President of the SBE in various sections and deletes the
Secretary in other sections where the Governor or his
administration is represented. This bill also repeals various
obsolete sections, articles or chapters that reference the
Secretary.
Related legislation : SB 940 (Committee on Education) is the
higher education omnibus clean-up bill. SB 941 (Committee on
Education) is the Commission on Teacher Credentialing omnibus
bill. Both SB 940 and SB 941 are pending in the Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Marisol Avina / ED. / (916) 319-2087