BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: AB 2662
AUTHOR: Assembly Committee on Education
AMENDED: June 20, 2012
FISCAL COMM: Yes HEARING DATE: June 27, 2012
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Education.
SUMMARY:
This bill is the annual education to codify existing
practice, correct technical errors in statute, update cross
references, and delete obsolete references related to
education issues.
BACKGROUND
This bill is the annual Education Code cleanup bill that
makes various non-controversial revisions to statute. This
education omnibus bill makes technical, non-substantive
revisions to the Education Code.
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 :
1) Updates obsolete language to reflect the change from the
Curriculum Development and Supplemental Materials
Commission to the Instructional Quality Commission (EC �
33530, Section 1).
2) Specifies that an action to lapse a school district is
also subject to plans and recommendations of the county
committee on school district reorganization (EC � 35787,
Section 3).
3) Authorizes the Superintendent of Public Instruction to
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reassume, either directly or through an appointed
administrator, all the legal rights, duties, and powers
of the governing board of a school district if the
district violates specified improvement plans during the
period of the trustee's appointment (EC � 41326, Section
4).
4) Specifies that for the purpose of the provisions
establishing a process for repaying an apportionment
significant audit exception or to pay a penalty arising
from an audit exception, "local educational agency"
includes charter schools (EC � 41344, Section 5).
5) Specifies that if a county office of education (COE)
receives a qualified certification from the governing
board of a district when it determines a negative
certification should have been filed, the county
superintendent of schools shall change the certification
(EC � 42131, Section 7).
6) Corrects an obsolete citation in the provision requiring
an adjustment of revenue limits for the 1995-96 fiscal
year and fiscal years thereafter by the amount of
increased or decreased employer contributions to the
Public Employees' Retirement System resulting from the
enactment of Chapter 330 of the Statues of 1982 (EC �
42238.12, Section 8).
7) Corrects a cross reference in the provisions
establishing the Annual Report on Dropouts in California
(EC � 48070.6, Section 9).
8) Specifies that the liability of a parent or guardian of
any minor whose willful misconduct results in the injury
or death to any specified individuals shall be adjusted
annually for inflation. Requires the annual adjustment
to be rounded to the nearest $100 (EC � 48904, Section
10).
9) Deletes the requirement that a school has not been
awarded federal startup funds to initiate a school
breakfast program or a summer food service program as
eligibility for limited financial assistance to
encourage the startup of School Breakfast Programs and
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expansion into all qualified schools
(EC � 49550.3, Section 11).
10) Updates obsolete term with regard to pupils with
intellectual disabilities. (EC � 51765, Section 12).
11) Expands the authority to approve supplemental
instructional materials other than those approved by the
State Board of Education to COEs
(EC � 60605.86, Section 13).
12) Extends the fiscal years in which payments from the
California State Lottery Education Fund includes the
same amount of average daily attendance for classes for
adults and regional occupational centers as made in the
2007-08 fiscal year. Specifies the Legislature finds
and declares that this Section furthers the purposes of
the California State Lottery Act of 1984 (Government
Code � 8880.5, Sections 14 and 16).
13) Makes a conforming change in the Revenue and Taxation
Code regarding basic aid funding (Revenue and Taxation
Code � 75.70, Section 15).
14) Makes non-substantive, technical corrections (Sections 2
and 6).
STAFF COMMENTS
1) Need for the bill : This bill, sponsored by the
California Department of Education (CDE), is the annual
K-12 education clean-up bill to correct errors, resolve
conflicts, delete obsolete references, and make other
non-controversial changes.
2) Technical amendment . Section 16 of the bill should be
amended to state that the Legislature finds and declares
that Section 14 (instead of Section 15) of this act
furthers the purposes of the California State Lottery
Act of 1984.
SUPPORT
None received.
OPPOSITION
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None received.