BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 942
Author: Senate Education Committee
Amended: 8/15/11
Vote: 21
SENATE EDUCATION COMMITTEE : 1 0-0, 5/4/11
AYES: Lowenthal, Runner, Alquist, Blakeslee, Hancock,
Huff, Liu, Price, Simitian, Vargas
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/23/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 78-0, 8/25/11 (Consent) - See last page
for vote
SUBJECT : K-12 Omnibus Technical Clean-Up
SOURCE : Author
DIGEST : This bill, the annual K-12 omnibus bill, strikes
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reference to the Secretary for Education in numerous
sections of law, repeals obsolete sections that reference
the Secretary for Education, and makes other technical
changes.
Assembly Amendments made technical changes.
ANALYSIS : This bill, the annual-K-12 omnibus bill,
strikes reference to the Secretary of Education in numerous
sections of law, and repeals obsolete sections that
reference the Secretary for Education. Specifically, this
bill:
1.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
Section 8206.1)
B. Receipt of information about any exception to the
requirement that, under certain circumstances, at
least one-half of children enrolled in a state
preschool program to be four years old. (Education
Code Section 8236)
C. Receipt of a report relative to the Child Care
Facilities Revolving Fund. (Education Code Section
8278.3)
D. Receipt of a report summarizing the distribution
of funds for the retention of qualified child care
employees in Los Angeles County. (Education Code
Section 8279.7)
E. Membership on an advisory committee to assist the
California Department of Education in developing a
state plan for child development programs.
(Education Code Section 8286)
F. Membership on the Advisory Committee on Before
and After School Programs. (Education Code Section
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8484.9)
G. Definition of "Secretary of Child Development and
Education" relative to Healthy Start. (Education
Code Section 8802)
H. Membership on the Healthy Start Supportive
Services for Children Program Council. (Education
Code Section 8803).
I. Collaboration regarding the identification of any
federal funds that may be used for the Healthy Start
Program. (Education Code Section 8807)
J. Membership on a working group on the development
and implementation of the California Longitudinal
Teacher Integrated Data Education System.
(Education Code Section 10601.5)
K. Membership on the K-12 High Speed Network
advisory board. (Education Code Section 11800)
L. Inclusion in the development of guidelines for
design-build projects. (Education Code Section
17250.40)
M. Receipt of a status report submitted by the
Fiscal Crisis and Management Assistance Team
(FCMAT), and one submitted by the county
superintendent of schools, regarding the progress of
school districts that have received an emergency
loan. (Education Code Sections 41327.1 and 41317.2)
N. Participation in the selection of the county
office of education that operates FCMAT. (Education
Code Section 42127.8)
O. Receipt of a report from the Commission on
Teacher Credentialing regarding the findings of a
workgroup. (Education Code Section 44265.2)
P. Participation in the approval of an expenditure
plan submitted by the Commission on Teacher
Credentialing for the development of a subject
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matter exam in the Filipino language. (Education
Code Section 44280)
Q. Receipt of a report submitted by an independent
evaluator regarding the effects of the change in the
early age for kindergarten and first grade pursuant
to the kindergarten Readiness Pilot Program.
(Education Code Section 48005.45)
R. Membership on the State Council regarding the
Interstate Compact Educational Opportunity for
Military Children. (Education Code 49701)
S. Definition of Secretary, 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. (Education Code Sections
52055.720, 52055.730, and 52055.770)
T. Membership of an advisory panel for the
development of evaluation research design regarding
an evaluation of the Class Size Reduction Program.
(Education Code Section 52128.5)
U. Receipt of reports submitted by an independent
evaluator of the high school exit exam. (Education
Code Section 60855)
V. Membership on an advisory board regarding the
California Longitudinal Pupil Achievement Data
System. (Education Code Section 60900)
W. Coordination regarding environmental education.
(Public Resources Code Section 42630)
X. Cooperation regarding the development and
implementation of a unified education strategy on,
and education principles for, the environment for
schools. (Public Resources Code Sections 71300 and
71301)
Y. Membership on a task force regarding the
identification options for meeting the staffing
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needs of state and county health, human services,
and criminal justice agencies. (Welfare and
Institutions Code Section 4341.1)
Z. Consultation regarding the award of funds for
school-based early mental health intervention and
prevention services. (Welfare and Institutions Code
Section 5870)
AA. Membership on an advisory group regarding the
development of a coordinated, comprehensive
children's services system. (Welfare and
Institutions Code Section 5870)
BB. 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. (Welfare and Institutions Code
Sections 28966.20, 18986.23, and 18986.24)
2.Repeals obsolete sections, articles or chapters that
reference the Secretary for Education:
A. Machado School Violence Prevention and Response
Task Force. This task force fulfilled its statutory
requirements and no longer exists. (Education Code
Section 32239.5 et seq)
B. Requirement in the 2008 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. This was a
one-time requirement. (Education Code Section
33126.2)
C. Audit and subsequent assessment and recovery plan
regarding the emergency loan for Compton Community
College District. These reports have been submitted.
(Education Code Section 41329.59)
D. Digital High School Education Technology Grant
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Program. This grant program is no longer operative.
(Education Code Section 52250)
E. Education Technology and Professional Development
Grant Programs. These two grant programs are no
longer operative. (Education Code Section 52270)
F. Industry-Based Certification Incentive Grant
Program. This grant program is no longer operative.
(Education Code Section 52360)
G. Governor's Reading Award Program and public
involvement reading campaign. These programs are no
longer operative. (Education Code Sections 53050 and
53075)
H. Pilot Project for Categorical Education Program
Flexibility. This pilot project has expired.
(Education Code Section 63060)
I. Grants for the development of educational projects
that teach concepts of source reduction, recycling,
and composting. This grant program is no longer
operative. (Public Resources Code Section 42645)
J. Recognition regarding the defunct Governor's
Mentoring Partnership. (Welfare and Institutions
Code Section 2102)
K. Definitions relative to the Presley-Grown
Interagency Children's Services Act. (Welfare and
Institutions Code Section 18986.3)
3.Changes "mental retardation" to "intellectual
disabilities" to conform to Public Law 111-256.
(Education Code Sections 8208, 56030, 56337, and
56441.11)
4.Deletes the requirement that training courses and
requirement for bus drivers be reviewed and revised, if
necessary. This review has taken placed and it was
determined that changes to the training and other
requirements are not necessary. (Education Code Section
40081)
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5.Corrects a cross reference to Business and Professions
Code regarding speech-language pathologists. (Education
Code Section 56363)
Comments
Technical Clean-up Bill . This bill 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 the Legislature. This bill also
repeals various obsolete sections, articles, or chapters
that reference the Secretary.
Membership on Commission, Committee and Task Force . The
omnibus bill workgroup has yet to reach final agreement on
the placement of the Secretary for Education on various
commissions, committees and task forces. There is general
consensus that the President of the State Board of
Education should become a member of these bodies.
Related Legislation . This bill is one of three Education
"clean-up" bills sponsored by the Senate Education
Committee that makes various non-controversial revisions to
statute.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 78-0, 8/25/11 (Consent)
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
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Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Bonilla, Gorell
CPM:cm 8/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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