BILL NUMBER: SB 1186 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 18, 2010
An act to amend Sections 33000, 33030, 33031, 33032, 33111, and
33301 of, to add Chapter 1.7 (commencing with Section 33090) to Part
20 of Division 2 of Title 2 of, and to repeal Section 33034 of, the
Education Code, relating to education governance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1186, as introduced, Liu. Education governance.
(1) Existing law establishes the State Board of Education to adopt
policies, and to establish rules and regulations, not inconsistent
with the laws of the state, to govern the public elementary and
secondary schools of the state. Existing law provides that the state
board consists of 10 members, who are appointed by the Governor to
4-year terms with the advice and consent of 2/3 of the Senate.
Existing law also provides for the appointment by the Governor, with
the advice and consent of 2/3 of the Senate, of a student member to a
single one-year term commencing on August 1. Existing law authorizes
the state board to issue subpoenas to compel the attendance of
witnesses before the board, or before any member of the board, in the
same manner as any court in the state.
This bill would require that the 10 nonstudent appointees to the
state board represent, and reside in, distinct geographical areas of
the state, reflect the ethnic and gender diversity of the state's
population, and represent the various disciplines active in the
public education system.
The bill would eliminate the authority of the state board to
establish statewide educational policy and issue rules and
regulations for the governance of public elementary and secondary
schools. The bill would instead provide that the state board, working
with the Secretary of Education, whose office would be established
by this bill, would advise the Governor on education policy.
The bill would eliminate the authority of the state board to issue
subpoenas to compel the attendance of witnesses.
(2) Existing law requires the Superintendent of Public
Instruction, among other things, to execute, under the direction of
the State Board of Education, the policies decided upon by the state
board.
This bill would eliminate the requirement that the State
Department of Education execute policies of the State Board of
Education. The bill would instead define the function of the
Superintendent as ensuring the delivery of high-quality education to
the pupils of the state who attend preschool, kindergarten, and
grades 1 to 12, inclusive.
The bill would establish the Secretary of Education as a
cabinet-level officer, appointed by the Governor with the advice and
consent of 2/3 of the Senate, to work together with the state board
to advise the Governor on education policy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) President Obama has called on states to move forward
aggressively on education reform. The approval by Congress of the
Race to the Top competitive grant funds echoes this call, and funds
will go to states that are leading the way with ambitious yet
achievable plans for implementing coherent, compelling, and
comprehensive education reform.
(b) The United States House of Representatives has passed
legislation that contains an Early Learning Challenge Fund, which is
an $8 billion, eight-year investment in early learning programs.
(c) Superintendent of Public Instruction Jack O'Connell has
highlighted California's persistent achievement gap among different
demographic groups of pupils.
(d) California has a high school completion rate of 75 percent.
About 60 percent of California high school graduates enter community
college or a four-year college.
(e) Recent studies have criticized California's governance system
for lacking transparency, and being overly complex, inefficient, and
ineffective.
(f) In order for California to make headway in closing the student
achievement gap and to be competitive in seeking federal Race to the
Top program funds, and other federal education programs and
improvement funds, the state must have an effective, functional, and
streamlined governance system in place.
SEC. 2. Section 33000 of the Education Code is amended to read:
33000. (a) There is in the state government
a State Board of Education, consisting of 10 members, who are
appointed by the Governor with the advice and consent of two-thirds
of the Senate.
(b) Appointees to the state board shall do all of the following:
(1) Represent and reside in distinct geographical regions of the
state.
(2) Reflect the ethnic and gender diversity of the state's
population.
(3) Represent the array of disciplines active in the public
education system, including, but not necessarily limited to,
teachers, principals, school district administrators and financial
officers, charter school administrators, and employees of county
offices of education and school district governing boards.
SEC. 3. Section 33030 of the Education Code is amended to read:
33030. The board together with the Secretary of Education,
shall determine all questions of,
advise the Governor on education policy within its
powers .
SEC. 4. Section 33031 of the Education Code is amended to read:
33031. (a) The state board shall
adopt rules and regulations not inconsistent with the laws of this
state (a) for its own government, (b) for
the government of its appointees and employees, (c) for the
government of the day and evening elementary schools, the day and
evening secondary schools, and the technical and vocational schools
of the state, and (d) for the government of other schools, excepting
the University of California, the California State University, and
the California Community Colleges, as may receive in whole or in part
financial support from the state procedures .
The
(b) The rules and regulations
adopted by the state board under this section shall be
published for distribution as soon as practicable after adoption.
SEC. 5. Section 33032 of the Education Code is amended to read:
33032. The state board shall study the educational
conditions and needs of the state . It shall
, and make plans for the improvement of the administration and
efficiency of the public schools of the state. The state board
shall report the results of its study, and any plans that it makes
under this section, to the Governor in the report required by Section
33037.
SEC. 6. Section 33034 of the Education Code is repealed.
33034. The board shall issue subpoenas to compel the attendance
of witnesses before the board, or any member thereof, in the same
manner as any court in this state. Whenever the testimony of any
witness upon any matter pending before it is material, the president
shall cause the attendance of the witnesses before the board, or a
member of the board, to testify concerning the matter, and the board
may make a reasonable allowance for this purpose not exceeding the
fees of witnesses in civil cases. The allowance shall be paid for out
of the appropriation for the expense of the board, but in no
instance shall an allowance be made in favor of a witness who appears
in behalf of a claimant. The provisions of this section shall not
apply to proceedings conducted in accordance with Chapter 5 of Part 1
of Division 3 of Title 2 of the Government Code.
SEC. 7. Chapter 1.7 (commencing with Section 33090) is added to
Part 20 of Division 2 of Title 2 of the Education Code, to read:
CHAPTER 1.7. SECRETARY OF EDUCATION
33090. There is in the state government a Secretary of Education,
a cabinet-level officer who shall, together with the State Board of
Education, advise the Governor on education policy. The Secretary of
Education shall be appointed by the Governor with the advice and
consent of two-thirds of the Senate. The Secretary of Education shall
develop and recommend fiscal and governance incentives that promote
sharing and consolidation of educational services among school
districts and county offices of education.
SEC. 8. Section 33111 of the Education Code is amended to read:
33111. The Superintendent of Public Instruction shall
execute, under direction of the State Board of Education, the
policies which have been decided upon by the board and shall direct,
under general rules and regulations adopted by the State Board of
Education, the work of all appointees and employees of the board.
ensure the delivery of high-quality education to the
pupils of the state who attend preschool, kindergarten, and grades 1
to 12, inclusive. The responsibilities of the Superintendent shall
include, but not necessarily be limited to, all of the following:
(a) Establishing educational
expectations for pupils.
(b) Apportioning resources to schools.
(c) Managing statewide educational and financial accountability
programs.
(d) Overseeing school district fiscal audit reviews.
(e) Serving as the independent spokesperson for California's
populace and pupils.
(f) Facilitating educational accountability by administering and
promoting the effective use of data to measure and improve pupil
learning. Educational accountability shall include, but not
necessarily be limited to, all of the following:
(1) Measuring pupil and institutional performance to ensure
adequate and equitable education and compliance with special
education and civil rights law.
(2) Monitoring the implementation of state and federal programs.
(3) Identifying schools that fail to meet pupil achievement
targets.
(4) Defining and implementing intervention strategies for schools
that fail to meet pupil achievement targets.
SEC. 9. Section 33301 of the Education Code is amended to read:
33301. The Department of Education shall be administered through
:
(a) The State Board of Education which shall be the governing and
policy determining body of the department.
(b) The
the Director of Education , in whom all
executive and administrative functions of the department are vested
, and who is the executive officer of the State Board of
Education.