BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 2081
AUTHOR: Assembly Education Committee
AMENDED: June 9, 2010
FISCAL COMM: No HEARING DATE: June 16, 2010
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Education
KEY POLICY ISSUE
Should the Legislature, in a single measure, make various
non-controversial revisions to the Education Code?
SUMMARY
This bill makes technical non-controversial revisions to the
Education Code to delete obsolete references and language,
correct technical errors and oversights, and update
references, as specified.
BACKGROUND
This bill is one of the annual Education Code clean up bills
that makes various non-controversial revisions to statute.
This education omnibus bill corrects errors, resolves
conflicts, and deletes obsolete references.
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.
ANALYSIS
This bill corrects technical errors and oversights, and makes
numerous non-controversial and conforming changes to various
provisions of the Education Code. Specifically, this bill:
1) Deletes cross-references to various obsolete and
outdated sections of the Education Code and corrects a
cross reference.
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2) Corrects an oversight that was not included in AB 174
(Carter), Chapter 314, Statutes of 2009 relative to the
ability to exclude elementary school districts from a
unification of a high school district.
STAFF COMMENTS
1) Need for the bill . This bill is the annual Education
Code clean up legislation, sponsored by the
Superintendent of Public Instruction (SPI) to make
various non-controversial revisions to statute.
2) Technical clean-up bill . This bill is a technical clean
up of the Education Code (EC) focused upon K-12
education. The bill makes changes which are explained as
follows:
Sections 1, 2, 3, 4, 5, and 6 - amendments to
Sections 1266, 1274, 1510, 5200, 15235, and 35331
of the EC to delete obsolete cross-references to
non-existent EC sections.
Section 7 - amendment to Section 35534 of the
EC to correct an outdated cross reference to
Section 35535. Last session, AB 174 (Chapter 314,
Statutes of 2009) renumbered EC section 35535 to EC
35786. The proposed amendment would correct the
reference.
Section 8 - amendment to Section 35542 (b)
corrects a technical oversight in Chapter 314,
Statutes of 2009. Chapter 314 provides that county
committees on school district organization can
locally approve unification proposals, without
going to the State Board of Education (SBE) if all
affected districts support the unification and the
county superintendent of schools has agreed to the
local approval process. However, the ability to
exclude elementary school districts from a
unification of a high school district was
unintentionally left out of the legislation. Thus,
the ability to determine one component of some
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unification proposals remains an authority of the
SBE. The clean up amendment in this bill would
allow the county committee on school district
organization to exclude elementary districts from a
unification of a high school district when all
affected districts support the unification and the
county superintendent of schools has agreed to the
local approval process allowed by Chapter 314,
Statues of 2009.
SUPPORT
State Superintendent of Public Instruction (sponsor)
OPPOSITION
None received.