BILL ANALYSIS
AB 1989
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1989 (Mendoza) - As Amended: April 19, 2010
Policy Committee: Education
Vote:6-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill sunsets statute providing charter counties the ability
to appoint their county board of education (CBE) on July 1, 2014
and requires CBEs in cities and counties (regardless of charter
status) to be elected. Specifically, this bill:
1)Establishes a CBE consisting of five or seven members to be
determined by the county committee on school district
organization.
2)Requires each member of the CBE to be an elector of the
trustee area that he or she represents and be elected by the
electors of the trustee area.
3)Provides, if a county charter or a county board of supervisors
(on January 1, 2011) provides for an appointed CBE, the CBE be
elected according to the following procedures:
a) Requires a designated number of trustee seats (depending
on the size of the CBE) to open for election at the direct
primary election held in 2014, as specified.
b) Requires CBE members to take office the first day of
July.
c) Requires the county committee on school district
organization, by a two-thirds vote of the members, to
determine trustee boundaries using the most recent
decennial federal census, as specified.
d) Specifies the change from an appointed board to an
AB 1989
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elected board does not change the benefits to which CBE
members are entitled, as specified.
FISCAL EFFECT
1)GF state reimbursable mandated costs, of approximately
$100,000, to LAC to conduct elections for the LACBE.
2)One-time GF/98 state reimbursable mandated costs, likely
between $50,000 and $100,000, to the county committee on
school district organization to determine trustee boundaries,
as specified.
COMMENTS
1)Background . The California Constitution recognizes two types
of counties: general law and charter counties. General law
counties adhere to state law regarding the number and duties
of county elected officials. Charter counties have a limited
degree of authority that may provide for the following: (a)
election, compensation, terms, removal, and salary of the
governing board; (b) election or appointment of county
officers (except the sheriff, district attorney, and assessor
who must be elected); (c) compensation, terms, and removal of
all county officers; (d) the powers and duties of all
officers; and (e) for consolidation and segregation of county
offices. A charter does not provide county officials
additional authority over local regulations, revenue-raising
abilities, budgetary decisions, or intergovernmental
relations.
There are 58 counties in the state and 14 are charter
counties: Alameda, Butte, El Dorado, Fresno, Los Angeles,
Orange, Placer, Sacramento, San Bernardino, San Diego, San
Francisco, San Mateo, Santa Clara, and Tehama. Each county is
required to have a board of supervisors consisting of five
members (except if the county charter provides for a different
number) and the board of supervisor member must reside in the
district from which he or she is elected.
Los Angeles County (LAC) is the only charter county that
appoints rather than elects its CBE. Under the LAC charter,
the board of supervisors appoints the CBE members. The Los
Angeles County Board of Education (LACBE) has seven members
who are appointed to two and four year terms.
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There are 80 school districts within the boundaries of the
LACBE. Each school district is autonomous and is responsible
for its own budget. In general, the only authority LACBE has
over local districts is in matters of interdistrict attendance
appeals (pupil transfers) and expulsion appeals.
According to the author, "Given the importance of the LACBE,
it is important for them to be accountable to the residents
who reside in the county and are affected by the board's
actions. Therefore, in order to ensure that the will of the
people is served it is necessary to hold democratic elections
for the county board of education in all of California's 58
counties."
2)County superintendent of schools and county offices of
education (COEs) . There are 58 county superintendents of
schools and CBEs. The county superintendent is appointed in
the following five charter counties: Los Angeles, Sacramento,
San Diego, San Francisco, and Santa Clara.
COEs provide a variety of educational programs and services,
including direct services to at-risk pupils (i.e., foster care
children, juvenile court schools, community day schools).
COEs also provide services to school districts in the areas of
business, administrative, and curriculum and they are directly
responsible for the financial oversight of districts. There
are 58 COEs. The services provided are affected by the size
and type of districts within the county, the geographical
location and size of the county, and the special needs of
students that are not met by the districts.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081