2004 Chaptered K-12 Education Legislation

Bill Number Author Chapter # Urgency?	Subject	Summary
AB 30 Richman Chapter 573 Urgency Clause Adopted	Child Health	Existing law provides that no person shall prescribe a controlled substance, nor shall any person fill, compound, or dispense such a prescription unless it complies with specified requirements, one of which is to issue prescriptions for Schedule II controlled substances on either triplicate prescription blanks issued by the Department of Justice or prescription forms for controlled substance prescriptions obtained from security printers approved by the Board of Pharmacy. Existing law provides that the provision requiring the Department of Justice to issue triplicate prescription blanks to practitioners shall remain operative until July 1, 2004, and shall be repealed on January 1, 2005. This bill would provide that the provision requiring the Department of Justice to issue triplicate prescription blanks to practitioners shall instead remain operative until November 1, 2004. This bill contains other related provisions and other existing laws.
AB 42 Daucher Chapter 408	Special Education	Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. This bill would require the written decision to include the reasons for any nonpublic, nonsectarian school placement, the provision of nonpublic, nonsectarian agency services, or the reimbursement for such placement or services, taking into account specified requirements. This bill contains other related provisions and other existing laws.
AB 61 Dymally Chapter 139 Urgency Clause Adopted	Higher Education	Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law authorizes the establishment of community college districts, such as the Compton Community College District, under the administration of community college governing boards, such as the Board of Trustees of the Compton Community College District. Existing law authorizes the board of governors to provide, by regulation, for the appointment of a special trustee to manage a district that fails to achieve fiscal stability. This bill would, until January 1, 2008, permit the board of governors to authorize the chancellor to suspend, for a period of up to one year, the authority of the Board of Trustees of the Compton Community College District, or of any of the members of that board, to exercise any powers or responsibilities or to take any official actions with respect to management of the district or any of the district's assets, contracts, expenditures, facilities, funds, personnel, or property. The bill would authorize the chancellor, with the prior approval of the board of governors, to renew a suspension as often as he or she finds it necessary. If and when the chancellor suspends the authority of the board of trustees or any of its members pursuant to the bill, the bill would authorize the chancellor to appoint a special trustee, in accordance with specified regulations of the board of governors, at district expense, to manage the district. The bill would authorize the chancellor to assume, and delegate to the special trustee, those powers and duties of the board of trustees that the chancellor determines, with the approval of the board of governors, are necessary for the management of the district. The bill would prohibit the board of trustees from exercising any of the duties or powers assumed by the chancellor under the bill. This bill contains other related provisions.
AB 72 Bates Chapter 358	Child Care/Child Development	Existing law establishes child care resource and referral programs, administered by public or private resource and referral agencies, which provide referrals to child care services and assistance to child day care providers. Existing law requires every child care resource and referral program to advise every person who requests a child care referral of his or her right to the licensing information of a licensed child day care facility required to be maintained at the facility, and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. This bill would replace references under these provisions to a resource and referral agency with references to a resource and referral program. The bill would, in addition, require every child care resource and referral program, within 2 days of notification by the department, to remove a licensed child day care facility, with a revocation or a temporary suspension order, or that is on probation, as defined, from the program's referral list. This bill contains other related provisions and other existing laws.
AB 79 Dutra Chapter 409 Urgency Clause Adopted	CDE Admin/Governance	Existing law requires various written reports to be prepared and submitted by state and local agencies to the Legislature or the Governor. This bill would, until January 1, 2008, provide that a public agency, as defined, may, but is not required to prepare or submit any written report to the Legislature, the Governor, or any state legislative or executive body unless any one of specified conditions is met or the report is required to be prepared and submitted pursuant to this bill. This bill would provide that its provision requiring that specified reports by the California Environmental Protection Agency be prepared and submitted become operative only if AB 2701 is enacted and becomes operative. This bill contains other related provisions.
AB 97 Nation Chapter 21 Urgency Clause Adopted	Interdistrict Transfers	Existing law requires each person between the ages of 6 and 18 years, not otherwise exempt, to attend the public full-time day school in the district in which their parent or guardian is a resident. This bill would authorize the governing board of any school district to admit pupils residing in another school district to attend any school in that district, as specified. The bill would authorize each school district that elects to accept transfers to adopt a resolution to determine the number of transfers it will accept and to ensure that the pupils admitted under the policy are selected through a random, unbiased selection process. This bill contains other related provisions and other existing laws.
AB 152 Levine Chapter 161 Urgency Clause Adopted	Special Education	Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. This bill would make various revisions generally conforming state law to federal requirements relating to: pupil identification, assessment, and eligibility; individualized education program development, including notice, representation, and hearing procedures and requirements; multidistrict special education local plan area monitoring, review, and correction procedures; and pupil data confidentiality, and would make other technical, nonsubstantive changes. To the extent that these revisions would impose new duties on local educational agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 164 Wolk Chapter 673	Staff Development	Existing law establishes the Principal Training Program administered by the Superintendent of Public Instruction, with the approval of the State Board of Education. Existing law requires the superintendent to award incentive funding to local educational agencies to provide schoolsite administrators with instruction and training in specified areas. Existing law requires an applicant local educational agency to submit a program proposal to the State Board of Education that includes specified information, including training program goals. This bill would authorize the training plans for high schools to include professional development activities that include coaching, mentorship, assistance, and intensive support customized to meet the individual needs of high school administrators.
AB 343 Chan Chapter 234	Child Health	Existing law establishes the Healthy Families Program, administered by the Managed Risk Medical Insurance Board, to arrange for the provision of health services to an eligible person. Under the program, eligibility is based upon an application submitted to the board. The board, in administering the program, may pay designated individuals or organizations an application assistance fee in specified circumstances if the individual or organization assists an applicant to complete the program application. Existing law repeals the program on January 1, 2004. This bill would specify, except as provided, that no individual or organization may solicit or receive any compensation from an applicant or subscriber for offering or providing program application assistance. The bill would make a violation of this provision subject to a civil penalty that would be deposited into the Healthy Families Fund. Because the bill would increase the amount of revenue in a continuously appropriated fund, it would make an appropriation.
AB 379 Mullin Chapter 897	Child Care/Child Development	Existing law requires the Superintendent of Public Instruction to administer general child care and development programs consisting of programs that offer a full range of services for children from infancy to 14 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. This bill would require the Superintendent of Public Instruction to contract with entities organized under law to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized child care. The bill would require the family child care home education network programs to provide specified services, including age and developmentally appropriate activities for children, parenting education, and parent involvement. This bill contains other related provisions and other existing laws.
AB 389 Montanez Chapter 705	School Facilities	Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions. This bill would enact the California Land Reuse and Revitalization Act of 2004, which would provide that an innocent landowner, a bona fide purchaser, or a contiguous property owner, as defined, qualifies for immunity from liability for response cost or damage claims under specified state statutory and common laws that impose liability upon an owner or occupant of property, for pollution conditions caused by a release or threatened release of a hazardous material on, under, or adjacent to that property, if the innocent purchaser, bona fide purchaser, or contiguous property owner meets specified conditions. The bill would prohibit an agency, as defined, from requiring an innocent landowner, bona fide purchaser, or contiguous property owner to take a response action under those state laws, other than a response action required in an approved response plan. The bill would, if there are unrecovered response costs incurred by an agency, at a site for which an owner of the site is not liable as a bona fide purchaser, require the agency to have a lien on the site, or authorize the agency to obtain from the owner a lien on other property or other assurance of payment for the unrecovered response costs, as specified. This bill contains other related provisions and other existing laws.
AB 474 Salinas Chapter 362	CDE Admin/Governance	Existing law provides that the legislative body of a district may authorize the destruction or disposition of any record, paper, or document that is more than 2 years old and was prepared or received in any manner other than pursuant to state statute, and that these items need not be copied or reproduced prior to this destruction or disposition. This bill would authorize the legislative body of a district to destroy or dispose of any record, as defined, by either (a) authorizing the destruction or disposition of any category of records if it adopts a resolution finding that destruction or disposition of this category of records will not adversely affect any interest of the district or of the public and the district maintains a list of the categories of records destroyed or disposed of, or (b) adopts a record retention schedule that complies with guidelines provided by the Secretary of State, that classifies all of the district's records by category, and that establishes a standard protocol for destruction or disposition of records. This bill contains other related provisions and other existing laws.
AB 780 Cogdill Chapter 652	School District Management	The California Constitution empowers the Legislature to provide for the incorporation and organization of school districts, high school districts, and community college districts, of every kind and class. Existing law authorizes the State Board of Education to approve proposals for the reorganization of school districts and authorizes a county committee on school district organization to recommend the approval of petitions for reorganization and approve certain petitions to transfer territory from one school district to another. Existing law requires the county superintendent of schools to be notified of an approval, and requires the county superintendent to call an election as prescribed by law. This bill would establish a program in the Counties of Fresno, Humboldt, and Ventura to place the duties of approval and disapproval of petitions for the unification of school districts on the county committee and would make conforming changes, thus imposing a state-mandated local program. The bill would merge an elementary school district and a high school district if their boundaries become coterminous. The bill would repeal this program on January 1, 2009. This bill contains other related provisions and other existing laws.
AB 825 Firebaugh Chapter 871	School Finance Categorical Reform	Existing law establishes various categorical education programs under which funding is provided for specific educational purposes. Among these categorical education programs are school safety programs, teacher and staff preparation, induction, and professional development programs, and supplemental instruction programs. This bill would establish block grants to be composed of funding for specified existing categorical education programs, make those programs inoperative on July 1, 2005, repeal them on January 1, 2006, with certain exceptions, and extend for one year the inoperative and repeal dates of the Early Intervention for School Success Program. The bill would establish a pupil retention block grant, school safety consolidated competitive grant, teacher credentialing block grant, professional development block grant, a new targeted instructional improvement block grant, and school library improvement block grant.
AB 890 Levine Chapter 623 Urgency Clause Adopted	General Government	The Political Reform Act of 1974 defines a late contribution as a contribution including a loan that aggregates $1,000 or more to a candidate or a committee, as specified, before the election at which the candidate or measure is to be voted on but after the closing date of the last campaign statement required to be filed before the election. This bill would, in addition, include within that definition a contribution including a loan that aggregates $1,000 or more to a political party committee, before the date of a state election, but after the closing date of the last campaign statement required to be filed before the election. This bill contains other related provisions and other existing laws.
AB 923 Firebaugh Chapter 707	Transportation	Existing law authorizes the district board of the Sacramento Metropolitan Air Quality Management District to adopt a surcharge on motor vehicle registration fees applicable to all motor vehicles registered in the counties within that district. Existing law limits the amount of that surcharge to $4 for a motor vehicle whose registration expires on or after December 31, 1990. Existing law requires the Department of Motor Vehicles to collect that surcharge, and requires the Sacramento district to implement the air quality improvement strategy adopted by the Sacramento district. This bill would increase that surcharge limit to $6. The bill would require the Sacramento district to utilize the revenues from $4 of the surcharge to implement reductions in emissions from vehicular pollution sources, and the revenues from $2 of the surcharge to implement the Carl Moyer program, the new purchase, retrofit, repower, or add-on of previously unregulated equipment for agricultural sources of air pollution, as specified, the new purchase of schoolbuses pursuant to the Lower-Emission School Bus Program, and an accelerated vehicle retirement or repair program, in order to achieve reductions in emissions from vehicular sources and offroad engines. The bill would limit the amount of the surcharge used by the district for its administrative expenses to 5% of the funds collected. The bill would preclude use of a project funded under the program for credit under any state or federal emissions averaging, banking, or trading program, would require retirement of those credits as a condition of funding for projects involving new engines, and would also preclude emission reductions under the program from being used as marketable emission reduction credits or to offset emission reduction obligations. Subject to prescribed conditions, the bill would authorize funding under the program for the purchase of low-emission vehicles or equipment that generate surplus emissions reductions. This bill contains other related provisions and other existing laws.
AB 969 Correa Chapter 470	School Finance	Existing law authorizes the state or any state board, department, agency, or authority to bring an action to determine the validity of its bonds, warrants, contracts, obligations, or evidences of indebtedness pursuant to specified procedures. This bill would authorize any state board, department, agency, or authority that issues bonds, notes, or other obligations the proceeds of which are to be used to purchase, or to make loans evidenced or secured by, the bonds, warrants, contracts, obligations, or evidences of indebtedness of one or more local agencies, to bring an action to determine the validity of the bonds, warrants, contracts, obligations, or evidences of indebtedness of those local agencies to be purchased by, or used to evidence or secure loans by, the state board, department, agency, or authority, pursuant to these procedures. This bill contains other related provisions and other existing laws.
AB 987 Keene Chapter 105 Urgency Clause Adopted	School Finance	Existing law provides that a unified school district that meets certain criteria is eligible to receive apportionments pursuant to the schedules for a necessary small school and a necessary small high school, as specified. Existing law requires a school district that receives those apportionments to report to the State Department of Education and the Department of Finance by July 1, 2001, concerning the plan of the district to address its need for additional funding after the January 1, 2005, date of repeal of this authority. This bill would delete that reporting requirement. This bill contains other related provisions and other existing laws.
AB 1145 Horton, Shirley Chapter 5 Urgency Clause Adopted	CDE Admin/Governance	Existing law authorizes the Emergency Medical Services Authority to establish minimum standards for the training and use of automatic external defibrillators. This bill would require the Department of General Services to apply for specified federal funds for the purchase of automated external defibrillators to be located within state-owned and leased buildings. It would require, subject to receipt of federal funds for this purpose, the Department of General Services, in consultation with the Emergency Medical Services Authority, the American Red Cross, and the American Heart Association to develop and adopt policies and procedures, consistent with specified state regulations, relative to the placement and use of automated external defibrillators in state-owned and leased buildings and ensure that training is consistent with specified requirements. This bill contains other related provisions and other existing laws.
AB 1182 Ridley-Thomas Chapter 7 Urgency Clause Adopted	General Government	Existing commercial law governs secured transactions, but exempts certain transactions from its provisions, including transactions governed by certain statutes of this state or certain other jurisdictions that relate to security interests created by this state or one of its governmental units. This bill would delete those exemptions and instead provide that a transfer by a government or governmental unit is not subject to the provisions governing secured transactions. This bill contains other related provisions and other existing laws.
AB 1209 Nakano Chapter 8 Urgency Clause Adopted	General Government	The existing California Public Records Act provides that, except for exempt records, every state or local agency, upon request, shall make records available to any person upon payment of fees to cover costs. Among those records that are exempt from disclosure under the act is a document prepared by a local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. This bill would instead apply this exemption to a document prepared by or for a state or local agency for these reasons. It would also exempt customer lists provided to a state or local police agency by an alarm or security company at the request of the agency, and make various technical, nonsubstantive changes. This bill contains other related provisions.
AB 1393 Kehoe Chapter 366	Summer/After School	Existing law establishes the Six-to-Six Before and After School Program for the purpose of creating locally administered and locally funded before and after school enrichment programs that partner schools and communities to provide academic and literacy support and safe, constructive alternatives for youth in kindergarten and grades 1 to 9, inclusive. Existing law repeals the program on January 1, 2005. This bill would extend the program for 4 years and repeal it on January 1, 2009.
AB 1417 Pacheco Chapter 581 Urgency Clause Adopted	Higher Education	Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. An item of the Budget Act of 2004 appropriated, among other amounts, $193,591,000 from the General Fund to the board of governors for allocation to community college districts for general apportionment funding. This bill would require the board of governors to provide recommendations, based on information to be developed in a study to be conducted by the Chancellor of the California Community Colleges, to the Legislature and the Governor regarding the design of a workable structure for the annual evaluation of district-level performance in meeting statewide educational outcome priorities, including the priorities consistent with the appropriation referenced above. This bill contains other related provisions and other existing laws.
AB 1433 Spitzer Chapter 512	General Government	Under existing law, every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff or immediate family, as defined, of any of these persons, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any means, is guilty of a public offense. This bill would include the immediate family of the staff of the specified persons within the protections afforded by these provisions. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
AB 1465 Chan Chapter 894	School Facilities	Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. Existing law requires the board to determine an applicant's maximum total new construction grant eligibility under a specified calculation and requires the board to annually adjust the per-unhoused-pupil apportionment to reflect construction cost changes. This bill would provide that, commencing January 1, 2006, for a small high school, as defined, that meets certain criteria to be established by regulations adopted by the board, the maximum total new construction grant shall be adjusted to reflect 120% of the amounts determined pursuant to the above calculations, except as provided. The bill would establish this adjustment on a pilot program basis until January 1, 2008, and would require the board to set aside $20,000,000 for this purpose from the proceeds of certain state bonds. This bill contains other related provisions and other existing laws.
AB 1550 Goldberg Chapter 901	School Facilities	Existing law authorizes a school district to operate a program of multitrack year-round scheduling at one or more schools within the district. Under existing law, a program of multitrack year-round scheduling may operate for as few as 163 days in each fiscal year if the governing board of the school district adopts a resolution containing specified certifications at a regularly scheduled board meeting. This bill would, commencing with the 2004-05 school year, prohibit a school district from operating a Concept 6 program unless the school district operated a Concept 6 program continuously since the 2003-04 school year. The bill would define a Concept 6 program to mean a program whereby a school operates on a 3-track year-round calendar in which each track provides fewer than 180 days, but no fewer than 163 days, of instruction per school year. The bill would require a district, as a condition of operating a Concept 6 program, by January 1, 2005, to present to the State Department of Education a comprehensive action plan detailing the strategy and steps to be taken annually to eliminate the use of the Concept 6 program as soon as practicable and no later than July 1, 2012. This bill contains other related provisions and other existing laws.
AB 1554 Keene Chapter 263 Urgency Clause Adopted	School Finance	Existing law provides for emergency apportionments made by the state to school districts that are experiencing financial problems or that become insolvent and requires that the emergency apportionment be repaid to the state over a 5-year period together with interest. This bill would make the emergency apportionments through either lease financing made available by the California Infrastructure and Economic Development Bank, which would be authorized to issue bonds for purposes of the emergency apportionments and related costs, or an apportionment from the General Fund designed to provide an advance of apportionments owed to the district from the State School Fund. In the case of lease financing, the lease would not exceed 20 years. In the case of an apportionment from the General Fund, the repayment period would not exceed 20 years. This bill contains other related provisions and other existing laws.
AB 1586 Committee on Public Employees, Retirement and Soci Chapter 442	STRS/PERS	Existing law defines "creditable compensation" and "full time" for purposes of calculating retirement benefits for members of the Defined Benefit Program of the State Teachers' Retirement Plan. Those definitions were amended as of July 1, 1996, by Chapter 390 of the Statutes of 1995. Under this bill, creditable compensation of a member employed by a community college prior to that amendment would be determined pursuant to the former definition of "full time," if application of that former definition would benefit the member. This bill contains other related provisions.
AB 1636 Kehoe Chapter 321	Pupil Data/Privacy	Existing law establishes the confidentiality of an application or record concerning any individual that relates to free or reduced-price meal eligibility which is made or kept by any public officer or agency, with certain exceptions. Existing law authorizes a public officer or agency to allow the use of those records, as specified, for the purpose of disaggregation of academic achievement data, if certain conditions are met. This bill would, in addition, authorize a public officer or agency to allow the use of those records by a school district employee, as specified, to identify pupils eligible for public school choice and supplemental educational services as required by the federal No Child Left Behind Act of 2001, if certain conditions are met.
AB 1793 Yee Chapter 630	Miscellaneous	Existing law defines harmful matter with reference to, among other things, its appeal to the prurient interest and its depiction of sexual conduct. Existing law requires any person who sells or rents video recordings of harmful matter to create an area within his or her business for the placement of these recordings and for any material that advertises the sale or rental of these recordings, except as specified, and imposes certain other requirements on retailers of these recordings. Existing law requires a video arcade, as defined, to post a sign that notifies consumers that a video arcade game rating system, created by the video arcade gaming industry, is available to aid in the selection of a game, and to make available a brochure explaining the ratings system. This bill would require every video game retailer to post a sign providing information about a video game rating system or notifying consumers that a rating system is available to aid in the selection of a game, and to make available, upon request, information explaining the system.
AB 1820 Maze Chapter 481	School Finance	Existing law authorizes the Pacific Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District to operate one or more schools in their districts on a 4-day school week, so long as the district complies with specified requirements, including instructional time requirements. This bill would authorize the Death Valley Unified School District to operate one or more schools in the district on a 4-day school week. This bill contains other related provisions.
AB 1827 Cohn Chapter 576	School Finance	Under the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act the meetings of state bodies and the legislative bodies of local agencies, including public commissions, boards, councils, and other public agencies in the state, are required to be open and public, including their actions and deliberations, unless the act authorizes a closed session. Under the Bagley-Keene Open Meeting Act, a special meeting may be called for any one of specified purposes where compliance with the 10-day notice provisions would impose a substantial hardship on the state body or where immediate action is required to protect the public interest. This bill would permit a state body or the legislative body of a local agency, including any other public agency subject to these open meeting laws, to hold a closed session to consider its response to a confidential final draft audit report from the Bureau of State Audits, unless the report has been publicly released or is exempted from that requirement by some other provision of law. This bill contains other related provisions and other existing laws.
AB 1852 Mullin Chapter 935	STRS/PERS	Existing law authorizes a school district, community college district, or county office of education to grant members of the Defined Benefit Program of the State Teachers' Retirement Plan 2 additional years of service credit or, prior to January 1, 2005, an additional 2 years of service and 2 years of age, if certain conditions are satisfied and the member retires for service within a designated period. Any member granted additional credit for service or service and age under those provisions forfeits that credit if he or she is reemployed within 5 years after retirement by the district from which he or she retired or within two years after retirement by any other district. This bill would instead provide that any member granted additional credit for service or service and age under those provisions would not forfeit that credit if he or she is reemployed at any time after retirement by any other district. This bill contains other related provisions and other existing laws.
AB 1858 Steinberg Chapter 914	Special Education	Existing law requires the California School Information Services program administrator to submit to the State Board of Education a plan to administer, coordinate, and manage the development and implementation of an electronic statewide school information system to address current problems of information exchange. Existing law requires the plan to prescribe the set of statewide data elements and codes to be implemented by the California School Information Services and requires these data elements and codes to comply with specified privacy provisions. This bill would require the State Department of Education to ensure that the California School Information Services' system meets the needs of pupils in foster care and includes disaggregated data on pupils in foster care. This bill contains other related provisions and other existing laws.
AB 1875 Maldonado Chapter 654	CDE Admin/Governance	The existing Bill of Rights for State Excluded Employees prescribes various rights and terms and conditions of employment for excluded employees, defined as certain supervisory, managerial, and confidential employees. That law contains provisions relating to participation by supervisory employees in employee organizations for purposes of representation when meeting and conferring with respect to employment conditions. This bill would require the state employer to provide reasonable advance notice and an opportunity to meet and confer to discuss alternative means of achieving objectives prior to arriving at a determination of policy or course of action directly impacting supervisory employees. The bill would revise the definition of "meet and confer," as specified. The bill would also revise a statement of the purpose of the Bill of Rights for State Excluded Employees. This bill contains other related provisions and other existing laws.
AB 1901 Ridley-Thomas Chapter 74	Ed. Options	Existing law establishes a pilot program to authorize the court to require any adult who has been convicted of a nonviolent or nonserious offense to participate in a program designed to assist the person in obtaining the equivalent of a 12th grade education as a condition of probation. Existing law also authorizes the court to require a probationer to participate in a literary or General Education Development Program. Existing law states that the pilot program is deemed successful if at least 10% of the persons participating in the pilot projects obtain the equivalent of a 12th grade education within 3 years. This bill, the Ex-Offender Literacy Act, would state that the pilot program would be deemed successful if at least 10% of the persons participating in the pilot projects obtain the equivalent of a 12th grade education within 3 years or improve their academic performance by 3 grade levels within 3 years.
AB 1925 Haynes Chapter 323	Child Health	The existing California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act, authorizes school districts to provide comprehensive sexual health education, as defined, in any kindergarten to grade 12, inclusive, and ensures that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as defined. Existing law requires a school district to notify the parent or guardian of a pupil about instruction in comprehensive sexual health education and HIV/AIDS prevention and empowers a parent or guardian to excuse his or her pupil from all or part of that instruction. This bill would require, if the instruction in comprehensive sexual health education and HIV/AIDS prevention will be taught by outside consultants, or if that instruction is to be given in an assembly by guest speakers, a school district to notify the parent or guardian of a pupil about that instruction, as specified, no fewer than 14 days in advance of the instruction.
AB 1933 Pacheco Chapter 937	CDE Admin/Governance	Under the California Public Records Act, except for exempt records, every state or local agency, upon request, is required to make records available to any person upon payment of fees to cover costs. This bill would provide that this address information may not be used directly or indirectly, or furnished to another, to sell a product or service. It would provide that nothing in these provisions shall be construed to prohibit or limit a scholarly, journalistic, political, or governmental use of this address information. This bill contains other related provisions and other existing laws.
AB 1987 Steinberg Chapter 757	Career/Technical Ed.	Existing law establishes the High Priority Schools Grant Program within the Public Schools Accountability Act of 1999 under which funds are made to eligible schools for implementation of a school action plan that includes specified components. This bill would provide that a school participating in the program that received a planning grant in the 2001-02 fiscal year is eligible to receive program funding in only the 2002-03, 2003-04, and 2004-05 fiscal years.
AB 1997 Committee on Higher Education Chapter 549	Higher Education	Existing law, until January 1, 2007, grants to qualifying members of the National Guard, the State Military Reserve, and the Naval Militia an entitlement to academic leave when active duty, as defined, interrupts undergraduate college attendance at a public postsecondary institution in this state for the purpose of pursuing an undergraduate degree. Existing law also authorizes a qualifying member who takes that academic leave to have his or her transcript cleared for that academic term. This bill would specify that a qualifying member of the National Guard, the State Military Reserve, or the Naval Militia is entitled to academic leave throughout the period that his or her loan payments are assumed under the National Guard Assumption Program of Loans for Education. The bill would extend the entitlement to academic leave to a qualifying member who attends a private institution of higher education in this state. This bill contains other related provisions and other existing laws.
AB 1999 Committee on Higher Education Chapter 417	Higher Education	Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 appointive members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor. This bill would make various technical, nonsubstantive changes in a provision relating to the membership of the trustees. The bill would also include provisions incorporating changes in this provision proposed by AB 2849 and this bill. This provision would become operative only if both bills are enacted and become effective on or before January 1, 2005, each of the bills amends this provision, and this bill is enacted after AB 2849. This bill contains other related provisions and other existing laws.
AB 2066 Steinberg Chapter 579 Urgency Clause Adopted	Accountability	Existing law authorizes invited schools that score below the 50th percentile on specified achievement tests to receive funding under the Immediate Intervention/Underperforming Schools Program. Existing law provides that 36 months after the Superintendent of Public Instruction undertakes certain specified actions at a state-monitored school, and if the school makes significant growth on the Academic Performance Index in 2 consecutive years, the school is not eligible to receive funding under the Immediate Intervention/Underperforming Schools Program. This bill would provide for a voluntary self-assessment process for local educational agencies that, under the federal No Child Left Behind Act of 2001, are in danger of being identified as program improvement local educational agencies or have failed to achieve adequate yearly progress for the first time, with certain requirements. This bill contains other related provisions.
AB 2091 Longville Chapter 98	General Government	Existing law specifies time periods by which documents for nomination and candidacy for a direct primary election must be made available and filed with the county elections official. This bill would authorize the delivery of these documents to the county elections official by a person other than the candidate.
AB 2115 Committee on Budget Chapter 610 Urgency Clause Adopted	School Finance	The Marks-Roos Local Bond Pooling Act of 1985 generally authorizes a joint exercise of powers authority to issue bonds to assist local agencies in financing public capital improvements, working capital, liability or other insurance needs, or projects, subject to specified conditions. Existing law requires that such an authority consist of at least 100 local agencies if the authority issues bonds for which VLF receivables, as defined, are pledged to the payment of the bonds. This bill would specify that this requirement does not apply to an authority that so pledges VLF receivables for a county of the first class. This bill contains other related provisions and other existing laws.
AB 2120 Committee on Budget Chapter 802	Ed. Technology	Existing law generally sets forth the requirements governing state contracts for information technology goods and services. This bill would additionally provide that, for contracts related to information technology integration or development projects that generate revenues or achieve savings over a quantifiable baseline of existing costs, state agencies would be required to consider, and would be authorized to incorporate, performance-based or share-in-savings contract terms to manage risks and create incentives for successful contract performance.
AB 2132 Reyes Chapter 832	Child Health	Existing law provides that each pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician, may be assisted by the school nurse or other designated school personnel if the school district receives a written statement from the physician detailing the method, amount, and time schedules by which the medication is to be taken and a written statement from the parent or guardian of the pupil indicating the desire that the school district assist the pupil in the matters set forth in the physician's statement. This bill would authorize a pupil to carry and self-administer inhaled asthma medication if the school district receives the statements described above. This bill contains other related provisions.
AB 2171 Benoit Chapter 106 Urgency Clause Adopted	Teachers & Credentialing	Existing law authorizes the Commission on Teacher Credentialing to issue a two-year services credential with a specialization in pupil personnel services, solely for the purpose of counseling deaf and hearing-impaired pupils as a school counselor or psychologist, to any prelingually deaf candidate upon medical or other appropriate professional verification, provided the candidate meets specified minimum requirements. This credential authorizes the holder to serve at all grade levels as a school counselor or psychologist of deaf and hearing-impaired pupils who are enrolled in state special schools or in special classes for pupils with hearing impairments. This bill would additionally authorize the issuance of this credential for the purpose of providing services to these pupils as a school social worker and authorize the holder to similarly serve as a school social worker. This bill contains other related provisions.
AB 2176 Montanez Chapter 879	General Government	Existing law, the California Integrated Waste Management Act of 1989, establishes an integrated waste management program administered by the California Integrated Waste Management Board. The act requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components. On and after January 1, 2000, the element is required to divert 50% of the solid waste subject to the element, except as specified, through source reduction, recycling, and composting activities. This bill would require the board, by April 1, 2005, to make available one or more model local agency ordinances to facilitate solid waste reduction, reuse, and recycling programs at large venues and large events, consult with specified entities while developing the model ordinances, and post specified information on the board's Internet Web site. This bill contains other related provisions and other existing laws.
AB 2182 Koretz Chapter 59	Counseling/Guidance	Existing law authorizes a minor who is 12 years of age or older to consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem. The treatment plan of the minor must include the involvement of a professional person. A professional person is defined to include a physician and surgeon, registered nurse, psychologist, clinical social worker, or marriage and family therapist. This bill would revise the definition of a professional person to additionally include a marriage and family therapist registered intern, a psychological assistant, and an associate clinical social worker, as specified.
AB 2205 Oropeza Chapter 555 Urgency Clause Adopted	Child Care/Child Development	Existing law authorizes funds appropriated for the purposes of the Child Care and Development Services Act to be used for alternative payment programs to allow for maximum parental choice. Existing law prescribes the administration, eligibility criteria, and payment arrangements for alternative payment programs. This bill would establish the California Helping Heroes Child Care Program to provide child care to families who have one or more parents deployed to Iraq by the armed services and who meet eligibility criteria. This bill would require that the program be administered by the State Department of Education in conformance with the laws regulating alternative payment programs, except those provisions regarding funding priorities. This bill would make the implementation of the program contingent upon the availability of specified funding. This bill contains other related provisions and other existing laws.
AB 2210 Liu Chapter 343 Urgency Clause Adopted	Teachers & Credentialing	Existing law establishes the Marian Bergeson Beginning Teacher Support and Assessment System for, among other purposes, providing an effective transition into the teaching career for 1st-year and 2nd-year teachers, improving the educational performance of pupils through improved training, information, and assistance for new teachers, ensuring the professional success and retention of new teachers, and ensuring that an individual induction plan is in place for each participating beginning teacher and is based on an ongoing assessment of the beginning teacher. This bill would require the Commission on Teacher Credentialing to determine that a candidate has fulfilled the induction program requirement if the candidate earned a preliminary teaching credential by completing an accredited internship program of professional preparation and that internship program fulfills induction standards and is approved by the commission. The bill would require the commission to accept as fulfilling the induction program requirement completion of a 5th-year program after completion of a baccalaureate degree at an accredited institution if an approved induction program is verified as unavailable to a beginning teacher, or if a beginning teacher is required by federal law to complete subject matter coursework. This bill contains other related provisions and other existing laws.
AB 2224 Cohn Chapter 313	School Finance	Existing law requires the Commission on State Mandates to adopt parameters and guidelines for reimbursement of claims by local agencies and school districts for state mandates pursuant to statute. This bill would require that a claim to change the parameters and guidelines be in writing and filed within a specified time. It would authorize the commission to amend, modify, or supplement the parameters and guidelines after public notice and hearing on the claim seeking the change. This bill contains other related provisions and other existing laws.
AB 2233 Committee on Public Employees, Retirement and Social Security Chapter 912	STRS/PERS	The Teachers' Retirement Law establishes the Defined Benefit Program of the State Teachers' Retirement Plan. This bill would make technical changes to various provisions of that law. This bill contains other related provisions and other existing laws.
AB 2251 Lowenthal Chapter 779	School Facilities	Existing law requires hazardous waste facilities to operate under hazardous waste facilities permits issued by the Department of Toxic Substances Control (department). Existing law defines the term "storage facility" for purposes of the hazardous waste control laws as including a transfer facility where the hazardous waste is held for more than 6 days, or, if the transfer facility is located in an area zoned industrial, for a period greater than 10 days. Existing law excludes a transfer facility from this definition of storage facility if the hazardous waste is held in containers or tanks for a period of 6 days or less, or for a period of 10 days or less if the transfer facility is located in an area zoned industrial by the local planning authority. The department is authorized to extend these time periods for hazardous waste generated as a result of an emergency release, as specified. This bill would revise the definition of the term "storage facility", by, among other things, revising the time periods and conditions under which a transfer facility that holds hazardous waste qualifies as a storage facility. The bill would exempt, from the definition of storage facility, a transfer facility that is not located in a residential area and that holds hazardous waste generated as a result of an emergency, if the holding of that hazardous waste is approved by the department. The bill would authorize the department to adopt regulations setting forth additional restrictions and standards on transfer facilities. This bill contains other related provisions and other existing laws.
AB 2286 Mountjoy Chapter 658	Teachers & Credentialing	Existing law authorizes the Commission on Teacher Credentialing, until January 1, 2008, to issue district intern credentials authorizing persons employed by any school district to provide classroom instruction to pupils with mild and moderate disabilities in special education classes and requires accredited internship programs to provide interns who meet entrance requirements and are accepted to a multiple or single subject teaching credential program the opportunity to choose an early program completion option that culminates in a 5-year preliminary teaching credential. This bill would permit an intern accepted to a level 1 education specialist credential program to choose an early program completion option and receive a 5-year preliminary level 1 education specialist credential that authorizes instruction to individuals with mild to moderate disabilities, if he or she meets certain requirements under existing law.
AB 2318 Hancock Chapter 637	Audits	Existing law prohibits the State Auditor from destroying any papers or memoranda used to support a completed audit sooner than 3 years after the audit is released to the public and provides that all documents pertaining to his or her work are public records subject to disclosure under the California Public Records Act except for specified items that are to remain confidential, including personal papers and correspondence of any person providing assistance to the State Auditor when that person has requested confidentiality, documents relating to any audit not completed, and documents not used in support of any report resulting from the audit. This bill would apply these provisions, except for the prohibition on destruction of records, to a city, county, or special district auditor, as defined.
AB 2362 Daucher Chapter 81	Special Education	Existing law provides procedural safeguards, including due process hearings, for the resolution of complaints regarding alleged violations of the law relative to special education. Existing law enumerates the requirements for a state hearing and sets forth the authority of the hearing officer. This bill would provide that the hearing officer may not base a decision solely on nonsubstantive procedural errors, unless the hearing officer makes certain findings.
AB 2404 Steinberg Chapter 852	Desegregation	Existing law prohibits discrimination and harassment based on sex, ethnic group identification, race, national origin, color, religion, mental or physical disability, or any basis that is contained in the prohibition of hate crimes in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. This bill would prohibit a city, county, city and county, or special district from discriminating against any person on the basis of gender in the operation, conduct, or administration of community youth athletics programs or in the allocation of parks and recreation facilities and resources that support or enable these programs. The bill would create an independent right to bring a civil action for equitable and monetary relief, as specified. This bill contains other related provisions and other existing laws.
AB 2407 Bermudez Chapter 946	Kindergarten	Existing law authorizes the governing board of any school district to establish an early primary program consisting of same-age pupils or any combination of state preschool or child development program, kindergarten, 1st, 2nd, or 3rd grade pupils, based on an integrated, experiential, and developmentally appropriate educational program. This bill would authorize a school district that is implementing an early primary program to maintain kindergarten classes at different schoolsites within the district for different lengths of time during the schoolday. This bill contains other existing laws.
AB 2485 Chan Chapter 578	School Facilities	The existing Leroy F. Greene School Facilities Act of 1998 (Greene Act of 1998) makes funding available to eligible school districts for various purposes related to school facilities. Existing law establishes, as a condition of the receipt of state funding under the Greene Act of 1998, that the governing board of a school district comply with prescribed provisions relating to an environmental or endangerment assessment of a proposed schoolsite prior to acquisition of the site. The evaluation of a proposed schoolsite is required to include the location of the site with respect to population, transportation, water supply, waste disposal facilities, utilities, traffic hazards, surface drainage conditions, and other factors affecting the operating costs, as well as the initial costs, of the total project. The governing board of a school district may not approve a project involving the acquisition of a schoolsite unless it determines the property does not contain a pipeline, situated underground or aboveground, that carries hazardous substances, acutely hazardous materials, or hazardous wastes, unless the pipeline is a natural gas line that is used only to supply natural gas to that school or neighborhood. The governing board of a school district is required to undertake steps to identify any permitted or nonpermitted facility, including railyards, that are within 1/4 of a mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous air emissions, or to handle hazardous or acutely hazardous materials, substances, or waste. This bill would authorize the governing board of a school district to make a written request to any person, corporation, public utility, local publicly owned utility, or governmental agency for information necessary or useful to make an assessment of a proposed schoolsite or an addition to an existing schoolsite, pursuant to these provisions. The bill would require any person, corporation, public utility, local publicly owned utility, or governmental agency receiving a written request for information to provide a written response within 30 calendar days of receipt of the request or within any additional grant of time given by the governing board of the school district. The bill would authorize a school district to bring a complaint before the appropriate regulatory agency or legislative body for a violation of these reporting requirements.
AB 2525 Committee on Education Chapter 896 Urgency Clause Adopted	Omnibus	Under existing law the Child Care and Development Services Act provides services to children to age 14. This bill would change the maximum age for eligibility in the program to 13, and would modify the definition of "parent" under the Child Care and Development Services Act, as specified. This bill contains other related provisions and other existing laws.
AB 2531 Bates Chapter 762	Safe Schools	Existing law establishes the Child Abuse and Neglect Reporting Act (CANRA), which requires specified persons to report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. This bill would add any person providing in-home supportive services to a child, as specified, to the list of individuals who are mandated reporters. However, this bill would also provide that such a person would not be required to make a report of child abuse or neglect unless he or she has received training or instructional materials, as specified, with respect to the duties imposed by these provisions. This bill contains other related provisions and other existing laws.
AB 2554 Pavley Chapter 934	STRS/PERS	Under existing law, the service retirement allowance of a retired member of the Defined Benefit Program of the Teachers' Retirement Plan is reduced if the member's postretirement compensation from specified activities exceeds a certain dollar amount, except in specified circumstances. This bill would limit the period of that exemption to not more than 2 years after the date the retired member is appointed or assigned to that position. This bill contains other related provisions and other existing laws.
AB 2558 Plescia Chapter 640	School Finance	The California Constitution requires, for purposes of property taxation, that the State Board of Equalization assess specified properties owned by specified entities, including companies transmitting or selling gas or electricity. Existing property tax law provides formulae that specify the manner in which the revenues derived from the taxation of a state-assessee's property are allocated. Existing law provides, until December 31, 2004, a unique formula for allocating revenues derived from the taxation of property that is owned by a utility that serves no more than two counties and that is located within a city, county, or city and county that adopts a specified resolution on or before January 1, 1995. This bill would instead provide that this specified resolution may be adopted on or before January 1, 2006. This bill would also repeal the December 31, 2004, termination date of this allocation formula to extend this formula indefinitely. This bill contains other related provisions and other existing laws.
AB 2615 Committee on Higher Education Chapter 349	Higher Education	Existing law authorizes a student who is enrolled at a campus of the California Community Colleges, the California State University, or the University of California and who meets certain requirements, to enroll, without formal admission, in a maximum of one course per academic term at a campus of either of the other public segments of higher education, on a space-available basis, at the discretion of the appropriate campus authorities on both campuses. Existing law requires the California Community Colleges, the California State University, and the University of California, to evaluate cross-enrollment and report its findings to the California Postsecondary Education Commission on or before June 30, 2002. Existing law requires the California Postsecondary Education Commission to prepare its own report based on the first report and submit that report, with recommendations, to the Governor and the Legislature on or before December 1, 2002. This bill would repeal those obsolete reporting provisions. This bill contains other related provisions and other existing laws.
AB 2638 Cogdill Chapter 642	School Facilities	The Field Act requires the Department of General Services to supervise the design and construction of school buildings to ensure compliance with specific rules and regulations and building standards. This bill would require written rules and regulations adopted pursuant to specified provisions of the Field Act to be made available to the public by the State Architect upon request. This bill contains other related provisions and other existing laws.
AB 2690 Hancock Chapter 330 Urgency Clause Adopted	Education Programs	Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Otherwise covered work that meets certain criteria, including work that is performed entirely by volunteer labor, is excluded from this definition of "public works." Pursuant to existing law, all workers employed on public works shall be paid not less than the general prevailing rate of per diem wages for work, except for public works projects of $1,000 or less. This bill would exempt from these provisions any work that is performed by a volunteer, a volunteer coordinator, or by members of the California Conservation Corps or of certified Community Conservation Corps. This bill contains other related provisions.
AB 2701 Runner Chapter 644	School Facilities	Existing law requires the California Environmental Protection Agency, and its boards, departments, and offices to prepare and submit to the Governor and the Legislature various reports containing specified information on the implementation and effectiveness of certain programs, policies, and projects to ensure the protection of natural resources in the state. This bill would require the California Integrated Waste Management Board, in consultation with state agencies that are affected by the changes made by the bill, to develop and implement guidelines, by January 1, 2005, to provide and produce reports and other documentation, including guidance documents, fact sheets, and other publications and written materials, in the most efficient and environmentally sustainable manner possible. The bill would require the guidelines to include the distribution of reports and other documentation by electronic means and compact discs, information on posting reports and other documentation on state agency Web sites, and techniques for the production of reports and other documentation that will reduce and encourage the use of recycled goods, materials, and supplies, specified cost reduction options, and the distribution of a reasonable number of printed reports to ensure public access. This bill contains other related provisions and other existing laws.
AB 2706 Berg Chapter 681	Ed. Technology	Existing law terminated the Commission on Technology in Learning on January 1, 2003. The Commission on Technology in Learning was established to make policy recommendations to the State Board of Education in areas including statewide planning for technology, dissemination of technology resources, and the development of guidelines to aid in the ongoing comprehensive statewide evaluation of technology, telecommunications, and distance learning programs. This bill would repeal the obsolete provisions that established the commission and specified its duties. This bill contains other related provisions and other existing laws.
AB 2727 Daucher Chapter 903 Urgency Clause Adopted	School Finance	Existing regulations require each local educational agency to adopt policies and procedures for the investigation and resolution of complaints and require each local educational agency to include in its policies and procedures the person, employee, or agency position or unit responsible for receiving complaints, investigating complaints, and ensuring local educational agency compliance. This bill would require a school district to use its uniform complaint process to help identify and resolve any emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff instead of conditions of facilities that are not maintained in a clean and safe manner or in good repair. This bill contains other related provisions and other existing laws.
AB 2756 Daucher Chapter 52 Urgency Clause Adopted	School Finance	Existing law provides standards and criteria to be used by local educational agencies in the development and management of annual budgets. This bill would require the Superintendent of Public Instruction, the Controller, and the Director of the Department of Finance to update these standards and criteria on or before September 1, 2005. The bill would specify additional standards and criteria to be developed in this update. This bill contains other related provisions and other existing laws.
AB 2782 Benoit Chapter 784	School District Management	Existing law authorizes two or more public agencies, if authorized by their legislative bodies, to enter an agreement to jointly exercise any power common to the two agencies. The Ralph M. Brown Act requires that meetings of the legislative body of a local agency be open and public, with specified exceptions authorizing closed sessions for specified purposes. This bill would provide that a joint powers agency may include in its joint powers agreement provisions that authorize (1) any member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency that is a member of the joint powers agency to disclose information to the agency's legal counsel, as specified, or to other members in a closed session of the legislative body of the local member agency when the information was obtained in a closed session of the joint powers agency and has direct financial or liability implications for that local agency, or (2) any designated alternate member of the local agency member in a closed session of the joint powers agency to attend closed sessions of the agency, as specified. The bill would further authorize the legislative body of a local agency, upon the advice of its legal counsel, to hold a closed session to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency, as specified. This bill contains other related provisions.
AB 2845 La Suer Chapter 174	Special Education	Existing law requires the Superintendent of Public Instruction to develop, and the State Board of Education to adopt, regulations governing the use of appropriate behavioral interventions with individuals with exceptional needs receiving special education and related services. This bill would provide that a person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst qualifies as a behavioral intervention case manager of a school district, special education local p