BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 942
AUTHOR: Committee on Education
AMENDED: April 28, 2011
FISCAL COMM: Yes HEARING DATE: May 4, 2011
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : K-12 Omnibus Technical Clean-Up
SUMMARY
This bill, the annual K-12 omnibus bill, strikes 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.
BACKGROUND
This bill is one of the annual Education Code clean up bills 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.
Governor Brown eliminated the Office of the Secretary for Education
in January 2011. The Secretary for Education, 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 Legislature.
ANALYSIS
This bill , the annual K-12 omnibus bill, strikes reference to the
Secretary for 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
SB 942
Page 2
Child Development and Education:
a) Collaboration regarding the development of
Child Care and Development Fund Plan (Education Code �
8206.1)
Receipt of information about any exception to the
requirement that, under certain circumstances, at least
of children enrolled in a State Preschool program to be 4
year olds. (EC � 8236)
Receipt of a report relative to the Child Care Facilities
Revolving Fund.
(EC � 8278.3)
Receipt of a report summarizing the distribution of funds
for the retention of qualified child care employees in Los
Angeles County. (EC � 8279.7)
Membership on an advisory committee to assist the
California Department of Education in developing a state
plan for child development programs.
(EC � 8286)
Membership on the Advisory Committee on Before and After
School Programs. (EC � 8484.9)
Definition of "Secretary of Child Development and
Education" relative to Healthy Start. (EC � 8802)
Membership on the Healthy Start Support Services for
Children Program Council. (EC � 8803)
Collaboration regarding the identification of any federal
funds that may be used for the Healthy Start program. (EC
� 8807)
Membership on a working group on the development and
implementation of the California Longitudinal Teacher
Integrated Data Education System.
(EC � 10601.5)
SB 942
Page 3
Membership on the K-12 High Speed Network advisory board.
(EC � 11800)
Inclusion in the development of guidelines for
design-build projects.
(EC � 17250.40)
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. (EC � 41327.1 and � 41327.2)
Participation in the selection of the county office of
education that operates FCMAT. (EC� 42127.8)
Receipt of a report from the Commission on Teacher
Credentialing regarding the findings of a workgroup. (EC
� 44265.2)
Participation in the approval of an expenditure plan
submitted by the Commission on Teacher Credentialing for
the development of a subject matter exam in the Filipino
language. (EC � 44280)
Receipt of a report submitted by an independent evaluator
regarding the effects of the change in the entry age for
kindergarten and first grade pursuant to the kindergarten
Readiness Pilot Program. (EC � 48005.45)
Membership on the State Council regarding the Interstate
Compact on Educational Opportunity for Military Children.
(EC � 49701)
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. (EC � 52055.720, � 52055.730, � 52055.760,
� 52055.770)
SB 942
Page 4
Membership on an advisory panel for the development of
evaluation research design regarding an evaluation of the
Class Size Reduction Program.
(EC � 52128.5)
Receipt of reports submitted by an independent evaluator
of the high school exit exam. (EC � 60855)
Membership on an advisory board regarding the California
Longitudinal Pupil Achievement Data System. (EC � 60900)
Coordination regarding environmental education.
(Public Resources Code � 42630)
Cooperation regarding the development and implementation
of a unified education strategy on, and education
principals for, the environment for schools. (PRC � 71300
and � 71301)
Membership on a task force regarding the identification
options for meeting the staffing needs of state and county
health, human services, and criminal justice agencies.
(Welfare and Institutions Code � 4341.1)
Consultation regarding the award of funds for school-based
early mental health intervention and prevention services.
(WIC � 4380)
Membership on an advisory group regarding the development
of a coordinated, comprehensive children's services
system. (WIC � 5870)
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.
(WIC � 18986.20, � 18986.23, � 18986.24)
2) Repeals obsolete sections, articles or chapters that reference
the Secretary for Education:
SB 942
Page 5
Machado School Violence Prevention and Response Task
Force. This task force fulfilled its statutory
requirements and no longer exists.
(EC � 32239.5 et seq)
Requirement in the 2000 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 (API). This was a one-time requirement.
(EC � 33126.2)
Audit and subsequent assessment and recovery plan
regarding the emergency loan for Compton Community College
District. These reports have been submitted. (EC �
41329.59)
Digital High School Education Technology Grant Program.
This grant program is no longer operative. (EC � 52250)
Education Technology and Professional Development Grant
Programs. These two grant programs are no longer
operative. (EC � 52270)
Industry-Based Certification Incentive Grant Program.
This grant program is no longer operative. (EC � 52360)
Governor's Reading Award Program and public involvement
reading campaign. These programs are no longer operative.
(EC � 53050 and � 53075)
Pilot Project for Categorical Education Program
Flexibility. This pilot project has expired. (EC �
63050)
Grants for the development of educational programs that
teach concepts of source reduction, recycling, and
composting. This grant program is no longer operative.
(Public Resources Code � 42645)
Recognition regarding the defunct Governor's Mentoring
SB 942
Page 6
Partnership.
(Welfare and Institutions Code � 2102)
Definitions relative to the Presley-Brown Interagency
Children's Services Act. (WIC � 18986.3)
3) Changes "mental retardation" to "intellectual disabilities" to
conform to Public Law
111-256. (EC � 8208, � 56030.5, � 56337, � 56441.11)
4) Deletes the requirement that training courses and requirement
for bus drivers be reviewed and revised, if necessary. This
review has taken place and it was determined that changes to
the training and other requirements is not necessary. (EC �
40081)
5) Correct a cross reference to Business and Professions Code
regarding speech-language pathologists. (EC � 56363)
STAFF COMMENTS
1) Technical clean-up bill . This bill is a technical clean-up of
the Education Code focused primarily upon the elimination of
the Office of the Secretary for Education.
2) Membership on commission, committees and task forces . The
omnibus bill workgroup has yet to reach final agreement on the
replacement 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.
3) Section in two omnibus bills . Education Code section 41329.59,
regarding the emergency loan for Compton Community College
District, was recently added to this Committee's higher
education omnibus bill (SB 940) but was not removed from this
bill. This section will be removed from this bill when it is
next amended.
4) Related legislation . This bill is one of three Education
"clean-up" bills sponsored by this Committee that make various
SB 942
Page 7
non-controversial revisions to statute. SB 940 (Committee on
Education) is the higher education omnibus bill. SB 941
(Committee on Education) is the Commission on Teacher
Credentialing omnibus bill. SB 940 and SB 941 are scheduled
to be heard in this Committee on May 4, 2011.
SUPPORT
None on file.
OPPOSITION
None on file.