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2004 Chaptered K-12 Education Legislation


Bill Number/ Author/
Chapter

 

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to issue triplicate prescription blanks to practitioners shall remain operative until July 1, 2004, and shall be repealed on January 1, 2005.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 plan area, or county office of education and may conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs.

AB 2851 Laird

 

Chapter 316

 

Urgency Clause Adopted

Budget Issues

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would additionally make this suspension provision applicable to state mandates relating to certain investment reports and county treasury oversight committees. This bill contains other related provisions and other existing laws.

AB 2853 Laird

 

Chapter 889

 

Urgency Clause Adopted

Budget Issues

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would make these requirements optional, thereby eliminating state-mandated local programs, but would state that the Legislature, in recognition of the state and local interests served by these programs, encourages local agencies and officials to continue taking the actions formerly mandated by these provisions, and states that nothing in this statement of encouragement may be construed to impose any liability on a local agency that does not continue to take a formerly mandated action. This bill contains other related provisions and other existing laws.

AB 2854 Laird

 

Chapter 206

 

Urgency Clause Adopted

Budget Issues

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would make these state-mandated local programs optional, but would state that the Legislature, in recognition of the state and local interests served by these programs, encourages the local agencies and officials to continue taking actions formerly mandated by these provisions. This bill contains other related provisions and other existing laws.

AB 2855 Laird

 

Chapter 895

 

 

Budget Issues

Existing law makes each school district and county office of education responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires a school safety plan to include specified contents, including disaster procedures. This bill would require a school district or county office of education to include the earthquake emergency procedure system and the disaster policy in its comprehensive school safety plan, as specified. This bill contains other related provisions and other existing laws.

AB 2856 Laird

 

Chapter 890

 

 

General Government

Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates. The procedure requires the commission to hear and decide upon each claim for reimbursement and provides that the commission may not find costs to be mandated by the state if, after a hearing, the commission makes specified findings, including, among others, that the statute or executive order imposing the mandate provides for offsetting savings to local agencies or school districts or includes additional revenue specifically intended to sufficiently fund the costs of the state mandate. The procedure provides for payment of claims from the State Mandates Claim Fund and pursuant to a local government claims bill. This bill would revise the procedures for receiving claims and for hearings on claims, as specified. The bill would revise the definitions of terms related to the procedure and hearings and define additional terms. The bill would abolish the State Mandates Claim Fund and delete the option of paying claims from this fund. The bill would make other technical changes and delete obsolete references.

AB 2885 Horton, Jerome

Chapter 272

 

Safe Schools

Existing law makes each school district and county office of education responsible for the overall development of comprehensive school safety plans for their schools operating kindergarten and any of grades 1 to 12, inclusive. This bill would, instead, authorize the filing , under those procedures, of a complaint of noncompliance with the school safety planning requirements of the federal No Child Left Behind Act of 2001. This bill contains other existing laws.

AB 2900 Laird

 

Chapter 788

 

 

Employment Issues

Various provisions of existing law prohibit discrimination in employment on different bases, including the race, color, sex, religion, and marital status of a person. This bill would amend those provisions to instead prohibit discrimination on the same bases as in the Fair Employment and Housing Act. Those bases are race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. This bill contains other related provisions and other existing laws.

AB 2909 Salinas

 

Chapter 456

 

 

Special Education

Existing law, the California Early Intervention Services Act, which is in effect only until the state terminates its participation in Part H of the federal Individuals with Disabilities Education Act, provides for the coordination of services from various state and local agencies for the provision of services to infants and toddlers up to 2 years of age who have, or are at risk of having, disabilities. The act requires each eligible infant or toddler to have an individualized family service plan. This bill would require the State Department of Education to conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing, and to report to the Legislature by January 1, 2006.

AB 2913 Salinas

 

Chapter 169

 

 

Teachers & Credentialing

Existing law permits a teacher with a basic teaching credential to be assigned to provide specially designed content instruction delivered in English, as defined, to limited-English-proficient pupils only if certain conditions are met, including that the teacher be, as of January 1, 1999, a permanent employee of a school district, a county office of education, or a school administered under the authority of the Superintendent of Public Instruction and that the teacher complete, before January 1, 2005, 45 clock hours of staff development in methods of specially designed content instruction delivered in English. Existing law requires the Commission on Teacher Credentialing to file a related report with the Legislature by December 31, 2000. This bill would extend the January 1, 2005, deadline for the completion of the required staff development to January 1, 2008, and would extend the deadline for filing this report to December 4, 2007.

AB 2922 Laird

 

Chapter 684

 

 

School Facilities

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve if it finds that it may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would revise the above to prohibit the use of a master environmental impact report if the filing of an application for the subsequent project occurs following the certification of the master environmental impact report and the approval of a project that was not described in the master environmental impact report may affect the adequacy of the environmental review in the master environmental impact report for any subsequent project. The bill would permit the use of a master environmental impact report that was certified more than 5 years prior to the filing of an application for the subsequent project to review a subsequent project that was described in the master environmental impact report if the lead agency reviews the adequacy of the master environmental impact report and takes specified actions, as provided. This bill contains other related provisions and other existing laws.

AB 2942 Reyes

 

Chapter 537

 

Urgency Clause Adopted

Supplemental Instruction

Existing law, authorizes the State Board of Education to grant a waiver request from the Fresno Unified School District to allow that school district to use supplemental instructional program funds to offer to pupils enrolled at the Cooper Middle School an instructional day that is 60 minutes longer than at other middle schools in the district in order to provide more instruction in language arts and mathematics. Existing law requires the Superintendent of Public Instruction to conduct an evaluation of this alternative use of supplemental instruction funds and submit an evaluative report to the Legislature by December 31, 2004. Existing law makes these provisions inoperative on July 1, 2004, and repealed as of January 1, 2005. This bill would instead make those provisions inoperative on July 1, 2006, and repealed on January 1, 2007. This bill contains other related provisions.

AB 2950 Goldberg

 

Chapter 898

 

 

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. Eligibility for new construction funding under the act is determined, in part, by calculating enrollment projections determined by utilizing a cohort survival enrollment projection system. This bill would provide alternative methods for an applicant in the critically overcrowded schools program to calculate enrollment for purposes of determining eligibility for a final apportionment for a project funded from the Kindergarten-University Public Education Facilities Bond Act of 2002. This bill contains other existing laws.

AB 3001 Nunez

 

Chapter 902

 

 

Teachers & Credentialing

Existing law requires the county superintendent of schools to report to the Superintendent of Public Instruction on the financial condition of a school district if the county superintendent determines a school district may be unable to meet its financial obligations for the current or 2 subsequent fiscal years or if a school district has a qualified or negative certification. Existing law requires the county superintendent to take at least one of certain actions and all actions that are necessary to ensure that the district meets its financial obligations. This bill would require those possible actions to include assigning the Fiscal Crisis and Management Assistance Team to review district teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment and also to provide the district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of teacher misassignment, and provision of highly qualified teachers. The bill would require a school district that is assigned this review to follow the recommendations made unless it shows good cause for failure to do so. This bill contains other related provisions and other existing laws.

AB 3015 Runner

Chapter 558

School District Management

Existing law prohibits a member of the governing board of a school district from being absent from the state for more than 60 days, unless certain conditions apply, including, but not limited to, his or her absence for a federal military deployment not to exceed 6 months. This bill contains other existing laws.

AB 3076 Mullin

 

Chapter 474

 

 

STRS/PERS

Existing law requires any person who performs creditable service, as defined, on a part-time basis to become a member of the Defined Benefit Program of the State Teachers' Retirement Plan if the person is not already a member and is employed to perform 50% or more of the full-time equivalent for the position. Existing law provides that persons who teach adult or community college classes for not more than 60% of the full-time assignment are classified as temporary employees. This bill would, as of July 1, 2005, exclude community college faculty members from mandatory membership in the Defined Benefit Program so long as they are classified as temporary employees. The bill would make related technical and conforming changes with respect to the Cash Balance Benefit Program.

AB 3094 Committee on Public Employees, Retirement and Social Security

 

Chapter 506

 

 

CDE Admin/Governance

The Public Employees' Retirement Law and the County Employees Retirement Law of 1937 provide that persons entitled to receive benefits from any state, county, or district retirement system may authorize the payment of the benefits to be directly deposited by electronic fund transfer into the person's account at a financial institution of his or her choice. The California Right to Financial Privacy Act prohibits an officer, employee, or agent of a state or local agency or department from requesting or receiving from a financial institution the financial information of a customer except under specified conditions. This bill would require retirement benefit payments from any of those public retirement systems that are directly deposited by electronic fund transfer or from the Public Employees' Retirement System that are paid by warrant, following the date of death of a person entitled to receive the benefits, as specified, to be refunded to the retirement system. The bill would add an exemption to the provisions of the California Right to Financial Privacy Act to require a financial institution to provide a public retirement system, as specified, with specified information about accounts of a customer who received direct deposit transfers from the retirement system after the date of his or her death. This bill contains other related provisions.

AB 3096 Committee on Governmental Organization

 

Chapter 438

 

School Finance

Existing law requires the California State Lottery Commission to make quarterly reports of the operations of the lottery to the Governor, the Attorney General, the Controller, the Treasurer, and the Legislature. Existing law requires those reports to include, among other financial materials, balance sheets and statements of operation. This bill would delete those requirements and instead require the reports to include a statement of assets, statement of revenues, expenses, and changes in net assets. This bill contains other related provisions and other existing laws.

AB 3100 Committee on Elections, Redistricting and Constitutional Amendments

 

Chapter 577

 

General Government

Existing law requires that if a measure to be submitted to the voters by the Legislature was not adopted unanimously, one member of each house who voted against the measure be appointed by the presiding officers of the respective houses, at the same time as appointments to draft an argument in favor of the measure, to write an argument against the measure, as specified. This bill would clarify existing law by requiring that one Member of the Senate who voted against the measure be appointed by the President pro Tempore and one Member of the Assembly who voted against the measure be appointed by the Speaker of the Assembly to write an argument against the measure.

AB 3101 Committee on Elections, Redistricting and Constitutional Amendments

 

Chapter 207

 

General Government

Under the Political Reform Act of 1974 a candidate for elective state office may voluntarily accept specified expenditure limits for his or her campaign for office. Under existing law, a candidate may not change his or her statement of acceptance or rejection of voluntary expenditure limits more than twice after the initial filing of nomination papers for that election and office. This bill would instead provide that a candidate may not change his or her acceptance or rejection of voluntary expenditure limits more than twice after the candidate's initial filing of a statement of intention to be a candidate. This bill contains other related provisions and other existing laws.

ACR 61 Koretz

Chapter 19

Curriculum & Instructional Materials

This measure would declare the month of April 2004 as Financial Literacy Month, in order to raise public awareness about the need for increased financial literacy.

ACR 116 Yee

 

Chapter 141

 

Curriculum & Instructional Materials

This measure would urge the State Board of Education to take action at the next instructional materials primary adoption cycle to ensure that history and social science textbooks used in California schools in grade 10 fairly and accurately portray human rights violations and other historical atrocities in a comprehensive manner.

ACR 161 Oropeza

 

Chapter 12

 

 

Physical Education

This measure would commemorate the accomplishments of female athletes, coaches, officials, and sports administrators for their important contribution in promoting the value of sports in the achievement of full human potential and would proclaim February 2 through 6, 2004, as California Girls and Women in Sports Week.

ACR 172 Nakano

Chapter 26

Curriculum & Instructional Materials

This measure would declare February 19, 2004, as a Day of Remembrance in order to increase public awareness of the events surrounding the internment of Americans of Japanese ancestry during World War II, and would encourage the annual observance of this day in subsequent years so that children in California may learn from our history.

ACR 174 Kehoe

Chapter 27

Curriculum & Instructional Materials

This measure would proclaim the month of March 2004 as Arts Education Month and encourage all educational communities to celebrate the arts with meaningful pupil activities and programs that demonstrate learning and understanding in the visual and performing arts. The measure would urge all residents to become interested in and give full support to quality school arts programs for children and youth.

ACR 175 Samuelian Chapter 125

Curriculum & Instructional Materials

This measure would recognize May as Hmong History Month.

ACR 177 Maze
Chapter 152

Higher Education

This measure would request that the United States Department of Agriculture, the Regents of the University of California, and the board of supervisors in each county in the state continue their support and funding of the UC Cooperative Extension as a priority .

ACR 193 Liu

 

Chapter 170

 

 

Accountability

This measure would declare that a top priority in future state policy and budgets would be the provision of opportunities for high-quality higher education consistent with the Master Plan for Education in California. The measure would declare that the Legislature is committed to prescribed higher education policy goals relating to educational opportunity, participation, student success, public benefits, and cost-effectiveness. The measure would also specify ways through which to achieve the provision of adequate opportunities for students to attend public higher education in California.

ACR 195 Yee Chapter 134

Special Education

This measure would encourage school districts, the State Department of Education, the California State University, and the United States Department of Education to generate greater efforts to fund literacy instruction for blind and visually impaired pupils.

ACR 202 Levine Chapter 49

Libraries

This measure would proclaim April 18 to 24, inclusive, 2004, as Library Week.

ACR 205 Daucher

 

Chapter 70

 

 

Special Education

This measure would proclaim April 2004 as Autism Awareness Month and would acknowledge the contributions made in the area of early autism intervention treatment by experts in the field and the sacrifice and dedication of families of autistic people. The measure would also declare the Legislature's support for increasing federal funding for autism research and the Legislature's continuing support of research into the causes and treatment of autism at the University of California, Davis M.I.N.D. Institute. The measure would commend the United States Department of Health and Human Services for the swift implementation of the Children's Health Act of 2000. The measure would stress the need to begin early intervention services soon after a child has been diagnosed with autism.

ACR 206 Nakano Chapter 36

Curriculum & Instructional Materials

This measure would request that the Governor proclaim April 13, 2004, as California Space Day in recognition of the contributions made by the satellite industry.

ACR 207 Chan
Chapter 71

Child Health

This measure would proclaim May 12, 2004, as School Nurse Day.

ACR 210 Vargas

Chapter 73

Safe Schools

This measure would declare the week of May 1 through May 8, 2004, as California SAFE KIDS Week, in support of the activities of the National SAFE KIDS Campaign during National SAFE KIDS Week, and would encourage Californians to participate in the state and local activities planned for the observance of that week.

ACR 214 Chan
Chapter 58

Child Nutrition

This measure would proclaim the week of April 26 to April 30, 2004, to be YEAH!: Youth Eating and Acting Healthy!: Children's Fitness and Nutrition Week 2004.

ACR 218 Houston Chapter 67

Teachers & Credentialing

This measure would designate May 9 through May 15, 2004, Teacher Appreciation Week.

ACR 219 Houston Chapter 80

Higher Education

This measure would recognize May 2004, and each May thereafter, as National Scholarship Month.

ACR 221 Bermudez Chapter 110

Education Programs

This measure would encourage Members of the California Legislature to promote volunteer service and civic participation to high school students in their districts and would designate May 1 as Student Volunteer Day, a day for Members to recognize those students in their district who volunteer their time to the community annually from June 1 to April 1.

ACR 224 Cohn
Chapter 176

Child Health

This measure would proclaim the month of September 2004, as Family Health and Fitness Month, and would encourage all Californians to enrich their lives through proper diet and exercise.

ACR 235 Vargas Chapter 196

Transportation

This measure would urge that state apportionment of funds for home-to-school transportation be used in the most efficient and cost-effective manner possible.

ACR 254 Firebaugh

Chapter 199

 

 

ELL

This measure would conclude that research indicates that asset acquisition disparity is largely based on differences in access to education and that targeted research is needed. This measure would resolve that the Milken Institute, the Earned Assets Resource Network, the Latino Legislative Caucus, and the Hispanic Republican Caucus have agreed to jointly engage in the research and to report to the Governor and Legislature by January 15, 2005.

ACR 257 Bogh Chapter 180

Curriculum & Instructional Materials

This measure would designate the week of October 25, 2004, through October 29, 2004, as California Economic Literacy Week, and would urge Californians to observe these days by working for a better understanding of our economic system.

AJR 68 Parra Chapter 101

Child Nutrition

This measure would memorialize the Congress of the United States to eliminate the reduced price school meals program category and to instead expand the free school meals program category to provide free meals for all children in families that are below 185% of the applicable family size income level.

AJR 69 Matthews Chapter 104

Child Nutrition

This measure would respectfully request that the Congress of the United States of America support the passage of HR 3242, the Specialty Crop Competitiveness Act of 2003.

AJR 83 Daucher Chapter 132

 

 

Special Education

This measure would memorialize the President and the Congress of the United States to provide the full federal share of funding for special education programs to the states so that this state and other states will not be required to take funding from other vital state and local programs to fund this underfunded federal mandate.

AJR 88 Nation

 

Chapter 182

 

 

NCLB

This measure would urge the President and the Congress of the United States to fully fund the requirements of the No Child Left Behind Act of 2001 for the life of the act, and would urge the Congress of the United States to amend the act to permit yearly adequate progress to accommodate a range of accountability models and to respect parental choice by giving states flexibility to exclude from the participation rate calculation, a pupil whose parent chooses not to have the pupil tested. The bill would also urge the Congress of the United States to amend the act to provide that a teacher who is certificated under California's certification requirements is deemed highly qualified for purposes of the act.

SB 6 Alpert

 

Chapter 899

 

Urgency Clause Adopted

Accountability

Existing law requires the governing board of any school district to furnish and repair the school property of its district and authorizes each school district to establish a restricted fund, known as the district deferred maintenance fund, for the purpose of major repair or replacement of specified items. Existing law requires the State Allocation Board to apportion from the State School Deferred Maintenance Fund, to eligible school districts, an amount equal to $1 for each $1 of local funds deposited in the district's deferred maintenance fund. This bill would establish the School Facilities Needs Assessment Grant Program, to be administered by the State Allocation Board, for the purpose of awarding grants to school districts on behalf of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic Performance Index, as specified, to conduct a one-time comprehensive assessment of school facilities needs, as provided. This bill contains other related provisions.

SB 102 Burton

 

Chapter 911

 

 

STRS/PERS

Under existing law, retirement benefits under the Defined Benefit Program of the State Teachers' Retirement Plan are based on the member's final compensation and years of credited service. Generally, final compensation is the highest average annual compensation earnable by the member during a 3-year period. However, for a member with 25 or more years of credited service, final compensation is the highest average annual compensation earnable by the member during a one-year period. Also, a member is entitled to certain increases in the amount of his or her monthly retirement allowance if the member has 30 or more years of credited service. The calculation of credited service under each of these provisions excludes credit for unused sick leave. This bill would include credit for up to 2/10 of one year of unused sick leave in the calculation of credited service for purposes of those provisions. The bill would make related technical changes. This bill contains other related provisions.

SB 111 Knight Chapter 193

Categorical Reform

Existing law requires various state agencies to prepare and submit reports to the Legislature and Governor on various topics throughout the year. This bill would delete various reporting requirements. This bill contains other related provisions and other existing laws.

SB 142 Alpert

 

Chapter 687

 

 

Special Education

Existing law requires the State Department of Health Services to establish a program for the development and evaluation of genetic disease testing to provide genetic screening and followup services for persons who elect to have the screening. Existing law requires the department to report to the Legislature regarding the progress of the program on or before January 1, 2002. This bill would extend the date by which the department would be required to obtain screening from laboratories by competitive bid to August 1, 2005. This bill contains other existing laws.

SB 177 Hollingsworth

 

Chapter 839

 

Urgency Clause Adopted

School Finance

Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene 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. This bill would, notwithstanding any other law, and until January 1, 2007, authorize the Santee School District and the Capistrano Unified School District to sell certain surplus real and personal property, as provided, to deposit the proceeds into the general fund of the school district or county office of education, and to use the proceeds from that transaction for any one-time general fund purpose. This bill contains other related provisions and other existing laws.

SB 279 Chesbro

 

Chapter 32

 

Urgency Clause Adopted

Higher Education

Existing law requires the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the Trustees of the California State University to excuse the mandatory systemwide tuition and fees of any surviving spouse or surviving child, natural or adopted, of a deceased person who was a resident of the state, who was employed by a public agency, as defined, whose principal duties consisted of active law enforcement service or active fire suppression and prevention, and who was killed in the performance of active law enforcement or active fire suppression and prevention duties. Until January 1, 2004, this provision also applied to the surviving spouse or surviving child of a person who died while performing these duties, and who was employed as a contractor, or as an employee of a contractor, performing services for a public agency, as defined. This provision is applicable to the Regents of the University of California only if the regents, by resolution, make it applicable. This bill would once more extend the application of this provision to the surviving spouse or surviving child of a contractor, or an employee of a contractor, as defined, performing services for a public agency. The bill would require that a surviving child of a contractor, or of an employee of a contractor, be enrolled as an undergraduate student at a campus of the University of California or the California State University and document that his or her annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level, as defined, for an applicant for a Cal Grant B award. This bill contains other related provisions.

SB 311 Sher

 

Chapter 910

 

Urgency Clause Adopted

Class-Size Reduction

Existing law establishes the Class Size Reduction Program, in which participating school districts are provided funding for each class in which the class size is reduced to a ratio of 20 pupils to 1 teacher in kindergarten and any of grades 1 to 3, inclusive. This bill would, until July 1, 2009, require the Controller to deduct from the next principal apportionment of the district a specified amount based on the annual pupil enrollment of a class above a different prescribed number. This bill contains other related provisions and other existing laws.

SB 409 Hollingsworth

 

Chapter 195

 

Urgency Clause Adopted

School Finance

Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene 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. This bill, for the 2004-05 fiscal year only, would reduce the amount required to be deposited into the restricted account to 2% of a district's general fund expenditures, including other financing uses. The bill would provide that for that fiscal year, the annual deposit into the restricted account in excess of 11/2% of the district's general fund budget may count towards the amount that a school district is required to contribute in order to receive an apportionment from the State School Deferred Maintenance Fund. This bill contains other related provisions and other existing laws.

SB 524 Vasconcellos

 

Chapter 587

 

 

Driver Training

Existing law requires a driver's license issued to a person under 18 years of age to be issued under the provisional licensing program. Among the components of that program, an applicant for a provisional license is required to provide satisfactory completion of approved courses in automobile driver education and driver training maintained under the Education Code in a secondary school of this state or equivalent instruction in a secondary school of another state. Alternatively, existing law allows the applicant to satisfactorily complete an integrated driver education and training program, or the automobile driver education component may be satisfied through satisfactory completion of equivalent professional instruction acceptable to the Department of Motor Vehicles. This bill would provide that the satisfactory completion of a course in automobile driver education offered by a private secondary school satisfies the instructional component requirements of these provisions if specified conditions are met. This bill contains other related provisions and other existing laws.

SB 550 Vasconcellos

 

Chapter 900

 

Urgency Clause Adopted

Accountability

Existing law requires a county superintendent of schools, among other things, to visit and examine each school in the county to observe its operation and learn of its problems. Existing law authorizes the county superintendent to annually present a report on the state of the schools in the county to the board of education and the board of supervisors of the county. This bill would require the county superintendent to annually present a report to the governing board of each school district under his or her jurisdiction and to the board of supervisors of the county describing the state of the schools in the county and of his or her office that are ranked in deciles 1 to 3, inclusive, of the 2003 base Academic Performance Index, thereby imposing a state-mandated local program. The bill would require the county superintendent for the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, Sierra, and the City and County of San Francisco to contract with a neighboring county office of education or an independent auditor to conduct the required visits and make all required reports. The bill would make the priority objective of the visits to determine if there are sufficient textbooks, conditions of facilities that pose an emergency or urgent threat to the health or safety of pupils or staff, and accurate data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, the safety, cleanliness, adequacy, and good repair of school facilities. This bill contains other related provisions and other existing laws.

SB 604 Perata

 

Chapter 478

 

Urgency Clause Adopted

General Government

Under the existing Political Reform Act of 1974, on the Saturday preceding an election held on the first Tuesday after the first Monday in June or November in even-numbered years, campaign statements are required to be open for public inspection and reproduction at the offices of specified state and local agencies. This bill would instead require that the campaign records be open for inspection and reproduction on the Saturday preceding a statewide primary or statewide general election. This bill contains other related provisions and other existing laws.

SB 722 McPherson

 

Chapter 915

 

 

Accountability

Existing law establishes the Public Schools Accountability Act of 1999 and requires the Superintendent of Public Instruction to develop an Academic Performance Index (API), which consists in part of the results of the tests administered pursuant to the Standardized Testing and Reporting (STAR) Program, to measure the performance of schools, to demonstrate comparable improvement in academic achievement by all numerically significant ethnic and socioeconomically disadvantaged subgroups within schools, and to rank schools based on the value of the API. The API measures the performance of schools and the academic performance of pupils and consists of a variety of indicators. This bill would require that the comparable improvement in academic achievement be measured by the API for all numerically significant pupil subgroups at the school, including ethnic subgroups, socioeconomically disadvantaged pupils, English language learners, and pupils with disabilities. The bill would define a numerically significant pupil subgroup by requiring the test scores of the pupils in the subgroup to be valid test scores and by requiring the subgroup to meet certain other criteria to ensure that the subgroup is numerically significant as compared to the total pupil population.

SB 898 Burton

 

Chapter 495

 

 

School Facilities

Existing law authorizes a local governing agency, as defined, to acquire real property to replace existing dwelling units demolished in connection with a new schoolsite, as defined, if certain conditions are met and requires that displaced persons be given a right of first refusal to purchase or rent the replacement dwelling units. This bill would also authorize a community college district or an eligible nonprofit corporation, as defined by the bill, to acquire real property for those purposes under the same conditions and requirements as a local governing agency and would require that the acquisition be from a willing seller.

SB 899 Poochigian

Chapter 34

Urgency Clause Adopted

General Government

Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill would expand the purposes for which money in the fund may be used to include the Return-to-Work Program. This bill contains other related provisions and other existing laws.

SB 945 Sher

 

Chapter 689

 

 

School Facilities

The existing California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would delete the requirements summarized in the preceding paragraph and would make conforming changes. This bill contains other related provisions and other existing laws.

SB 1041 Committee on Budget and Fiscal Review

Chapter 23

Urgency Clause Adopted

Budget Issues

The Budget Act of 2003 (Chapter 157 of the Statutes of 2003), made appropriations for the support of state government during the 2003-04 fiscal year. This bill would amend the Budget Act of 2003 by revising various items of appropriations, as specified, and authorizing the Director of Finance to revert additional amounts from specified funds to the General Fund. This bill contains other related provisions.

SB 1086 Sher

 

Chapter 16

 

Urgency Clause Adopted

General Government

Existing law prohibits certain public officials and employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. An officer is not deemed to be interested in a contract entered into by a body or board of which the officer is a member if the member has only a remote interest in the contract and other requirements are met. A remote interest is defined to include that of an officer or an employee of a nonprofit corporation. This bill would, in addition, include within the definition of a remote interest, that of an officer or an employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. This bill contains other related provisions.

SB 1087 Soto

 

Chapter 392

 

 

Safe Schools

Existing federal law contains appropriations for a number of programs related to projects for the improvement of highway safety and the reduction of traffic congestion. Existing state law authorizes certain state and local entities to secure and expend the federal funds for these purposes, but provides for the repeal of these provisions on January 1, 2005. This bill would extend this repeal date until January 1, 2008. This bill contains other related provisions and other existing laws.

SB 1101 Committee on Budget and Fiscal Review

 

Chapter 213

 

Urgency Clause Adopted

Budget Issues

The California Constitution requires the state to apply a minimum amount of funding for each fiscal year for the support of school districts and community college districts. Existing law authorizes the Legislature to suspend that minimum funding obligation for one year by the enactment of an urgency statute, as provided. This bill would suspend the minimum funding obligation for the 2004-05 fiscal year and would require the amount of money to be applied by the state for the support of school districts and community college districts during the 2004-05 fiscal year to be calculated by subtracting the amount of $2,003,996,000 from the amount that would otherwise be required to be applied for the support of school districts and community college districts during the 2004-05 fiscal year if the suspension had not occurred. This bill contains other related provisions.

SB 1104 Committee on Budget and Fiscal Review

 

Chapter 229

 

Urgency Clause Adopted

Budget Issues

Existing law provides for a system of priority for state and federally subsidized child development services and provides that first priority is given to neglected or abused children, or children who are at risk of being neglected or abused. This bill would provide that a family receiving child care services on the basis of a child being at risk of abuse is eligible to receive services for up to 3 months, unless the county child welfare agency certifies that child care services continue to be necessary, or the child is receiving child protection services, requires child care, and remains otherwise eligible for services, in which case the family may receive child care services for up to 12 months. This bill contains other related provisions and other existing laws.

SB 1108 Committee on Budget and Fiscal Review

 

Chapter 216

 

Urgency Clause Adopted

Omnibus
School Finance
Budget Issues

Existing law requires a revenue limit to be calculated for each school district and each county superintendent of schools and requires the amount of the revenue limit to be adjusted for various factors. Existing law requires the Superintendent of Public Instruction to take into account the revenue limit of a school district and county superintendent of schools when apportioning funding to school districts and county superintendents of schools. Existing law reduces the revenue limit for the 2003-04 and 2004-05 fiscal years by a deficit factor of 1.195% for county superintendents of schools and 1.198% for school districts, and further reduces it for those years by a deficit factor of 1.826% for both county superintendents of schools and school districts. Existing law requires the revenue limit computation for the 2005-06 fiscal year to be made as if the revenue limits for the 2003-04 and 2004-05 fiscal years had been determined without being reduced. This bill would limit the 1.195% and 1.198% revenue limit reductions to the 2003-04 fiscal year, would reduce revenue limits for the 2004-05 and 2005-06 by 0.323%, reduce the revenue limit for the 2005-06 fiscal year by an additional 1.826%, and would postpone to the 2006-07 fiscal year the requirement that revenue limits be computed as if the reductions had not been made. This bill contains other related provisions and other existing laws.

SB 1113 Committee on Budget and Fiscal Review Chapter 208

Budget Issues

This bill would make appropriations for support of state government for the 2004-05 fiscal year. This bill contains other related provisions.

SB 1138 Hollingsworth

 

Chapter 465

 

 

Attendance
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 school district complies with specified requirements, including instructional time requirements. Existing law requires the Superintendent of Public Instruction to reduce the base revenue limit per unit of average daily attendance of a school district that operates one or more schools in its district on a 4-day school week and provides less than 180 days of instruction, as specified. This bill would extend that authorization and those requirements to the Borrego Springs Unified School District, the Julian Union Elementary School District, the Julian Union High School District, and the Warner Unified School District. The bill would also extend that authorization and the requirements, until July 1, 2006, to the Jamul-Dulzura Union Elementary School District and the Marysville Joint Unified School District. The bill would revoke the authority of a school added by the bill to operate a 4-day school week if a school fails to meet its growth target on the Academic Performance Index. This bill contains other related provisions.

SB 1161 Alpert

 

Chapter 698

 

 

Libraries

Existing law establishes the California Library Construction and Renovation Bond Act of 1988 and the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. Existing law authorizes the issuance of bonds, pursuant to the State General Bond Law, in the amount of $75,000,000 in the 1988 act and in the amount of $350,000,000 in the 2000 act, for the purpose of financing library construction and renovation. This bill would enact the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006, for submission to the voters at the 2006 statewide primary election. The bill, if approved by the voters, would authorize the issuance, pursuant to the State General Bond Law, of bonds in the amount not to exceed a total of $600,000,000 for the purpose of financing library construction and renovation pursuant to a program administered by the State Librarian.

SB 1165 Committee on Local Government

Chapter 118

Budget Issues

Existing law makes it a misdemeanor punishable by a fine not to exceed $1,000 to file a false fictitious business name statement with the county clerk. Existing law requires the county clerk to furnish without a charge a form with respect to filing that statement. This bill would revise the requirements of that form to correctly state that the fine may not exceed $1,000. This bill contains other related provisions and other existing laws.

SB 1190 Chesbro

 

Chapter 53

 

Urgency Clause Adopted

School Finance

Existing law provides for emergency apportionments to school districts subject to specified conditions including, in certain circumstances, the repayment of an emergency loan over a period of no more than 10 years and the appointment by the Superintendent of Public Instruction of an administrator who would exercise the powers and responsibilities of the governing board of the school district. This bill would require the Superintendent of Public Instruction to assume all the rights, duties, and powers of the governing board of the Vallejo City Unified School District and to appoint, in consultation with the Solano County Superintendent of Schools, an administrator to act on behalf of the Superintendent of Public Instruction in exercising the superintendent's authority over the school district. The bill would require the administrator to be deemed an employee of the school district for certain purposes. This bill contains other related provisions and other existing laws.

SB 1196 Cedillo

 

Chapter 729

 

 

Child Health

Existing law creates various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi-Cal program administered by the State Department of Health Services. This bill would authorize the sharing of the school lunch program application for purposes of the Healthy Families Program and any other applicable county- or local-sponsored health insurance program if a pupil is determined to be ineligible for Medi-Cal coverage and if the parent or guardian has consented to the sharing of information. This bill would require the county agency responsible for administering the Medi-Cal program to forward the school lunch application to the Healthy Families Program and to county- and local-sponsored health insurance programs if a pupil is determined to be ineligible for Medi-Cal coverage through the accelerated eligibility determination process and if the parent has previously provided consent. The bill would delete the requirement for the county to send a Healthy Families Program application in that case. The bill would authorize schools to designate non-food service staff to assist in the administration of school lunch program applications. This bill contains other related provisions and other existing laws.

SB 1208 Vincent

 

Chapter 113

 

 

Teachers & Credentialing

Existing law prohibits the governing board of a school district from initially hiring, on a permanent, temporary, or substitute basis, a certificated person unless that person has demonstrated basic skills proficiency or is exempted from the requirement. Existing law exempts, among others, from that prohibition, a certificated person, who has been employed in a position requiring certification in any school district within 39 months prior to employment with the district. This bill would also exempt from that prohibition a retired certificated employee who has taught 15 years or more in a California public school and who meets other specified requirements.

SB 1213 Scott

 

Chapter 393

 

 

General Government

Existing law requires the Department of Motor Vehicles to issue, for fees in specified amounts, a special interest license plate bearing a full-plate graphic design that depicts a significant feature or quality of the State of California and is approved by the department in consultation with the California Arts Council. This bill would increase the amount of the fees imposed for issuance and renewal of the specified plates. This bill contains other related provisions.

SB 1245 Kuehl

 

Chapter 718

 

 

Higher Education

Existing law establishes the California State University and its various campuses under the administration of the Trustees of the California State University. This bill would establish, until January 1, 2014, the Entry-Level Master's Nursing Programs Act. The bill would require the Chancellor of the California State University, in consultation with the Board of Registered Nursing, to determine, in accordance with the bill, which campuses are eligible for supplemental funds for establishing entry-level master's programs in nursing at campuses of the California State University, and to annually establish the total amount of funding necessary to support 4 entry-level master's degree programs in nursing at the California State University. This bill contains other related provisions.

SB 1254 Soto

 

Chapter 482

 

 

Ed. Technology

Existing law requires the State Department of Education to administer the California Technology Assistance Project, composed of regional consortia that administer, with 3-year grant funding awarded by the State Board of Education, a regionalized network of technical assistance to schools and school districts on the implementation of education technology and work collaboratively with school districts and county offices of education to meet locally defined technology-based needs. Existing law requires the department to provide statewide coordination and evaluation of technology programs and resources and to advance the use of technology in the curriculum and in the administration of elementary and secondary schools. This bill would make certain findings and declarations relating to the California Technology Assistance Project, add certain educational needs that can be addressed with the use of technology, require a school district or county office of education to provide a plan containing certain criteria to be considered as a lead agency, and provide specific educational technology services to be supported by the California Technology Assistance Project. This bill contains other related provisions and other existing laws.

SB 1276 Bowen

 

Chapter 847

 

 

Ed. Technology

Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The federal universal service principles also include the principle that elementary and secondary schools and classrooms, health care providers, and libraries should have access to advanced telecommunications service. The act authorizes states to adopt regulations not inconsistent with Federal Communications Commission rules to preserve and advance universal service. The act requires that every telecommunications carrier that provides intrastate telecommunications services contribute, on an equitable and nondiscriminatory basis, in a manner determined by the state, to the preservation and advancement of universal service in that state. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. This bill would provide that moneys in the funds are the proceeds of rates and are held in trust for the benefit of ratepayers and to compensate telephone corporations for their costs of providing universal service. The bill would require that the moneys in the funds be expended only to accomplish specified telecommunications universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation. This bill contains other related provisions and other existing laws.

SB 1313 Kuehl

 

Chapter 842

 

 

At-Risk Students

Existing law defines willful cruelty or unjustifiable punishment of a child for purposes of these provisions as a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. This bill would define the willful harming or injuring of a child or the endangering of the person or health of a child, for purposes of these provisions. This bill contains other related provisions and other existing laws.

SB 1322 Denham

 

Chapter 554

 

 

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 for the purpose of pursuing an undergraduate degree. This bill would extend the duration of this entitlement until January 1, 2012. The bill would also extend this entitlement to members of the National Guard, the State Military Reserve, and the Naval Militia who are graduate students or who are enrolled in or who have completed a program of instruction in a vocational diploma program, as defined, where enrollment qualifies a student for participation in the Federal Family Education Loan Program or any loan program approved by the Student Aid Commission. This bill contains other related provisions and other existing laws.

SB 1340 Perata

 

Chapter 483

 

 

General Government

Under existing law, the Political Reform Act of 1974, it is the duty of each candidate, treasurer, and elected officer to maintain detailed accounts, records, bills, and receipts necessary to prepare campaign statements and to comply with other specified campaign disclosure provisions. The filer is required to maintain these records for a specified period. This bill would provide that it is also the duty of each candidate, treasurer, and elected officer to establish that campaign statements were properly filed. The bill would revise the period for which the filer is required to maintain the above-described records. This bill contains other related provisions and other existing laws.

SB 1353 Perata

 

Chapter 484

 

 

General Government

Existing provisions of the Political Reform Act of 1974 (the act) require elected officials and designated employees to disclose their income, excluding, among other things, salary and reimbursement for expenses or per diem received from a state, local, or federal government. The bill would revise the definition of "public official" and "designated employee" to exclude federal officers or employees serving on a state or local agency. This bill contains other related provisions and other existing laws.

SB 1369 Kuehl

 

Chapter 720

 

 

School Facilities

Existing law requires any person who owns, leases, controls, operates, or maintains any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or any land that is covered with flammable material, which area or land is within a very high fire hazard severity zone designated by the local agency, as provided, to, among other things, maintain around and adjacent to the occupied dwelling or occupied structure additional fire protection or firebreaks made by removing all brush, flammable vegetation, or combustible growth that is located from 30 to 100 feet from the occupied dwelling or occupied structure or to the property line, whichever is nearer, as may be required by the local agency if the agency finds that, because of extra hazardous conditions, a firebreak of only 30 feet around the occupied dwelling or occupied structure is not sufficient to provide reasonable fire safety. (3) This bill would define "person" for purposes of (2) above to instead mean a private individual, organization, partnership, limited liability company, or corporation. This bill contains other related provisions and other existing laws.

SB 1376 Perata

 

Chapter 813

 

 

General Government

Existing law prohibits tampering with voting systems or equipment, making it a felony to tamper with or damage a voting machine, or to make or possess a key to a voting machine without authorization. This bill would authorize the Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, to bring a civil action against an individual, business, or other legal entity that commits any specified act of tampering with a voting system or voting equipment before, during, or after an election. By imposing new duties on local elections officials, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 1384 Scott

 

Chapter 397

 

Urgency Clause Adopted

Assessment & Standards

Existing law requires each school district, charter school, and county office of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests. This bill would require the Superintendent of Public Instruction to require the California Learning Resource Network to establish review criteria and a process for the identification and review of electronic learning assessment resources by December 31, 2004. The bill would require the review to include a descriptive model for use by administrators and teachers that differentiates and compares the capabilities of the different types of electronic learning assessment resources. This bill contains other related provisions.

SB 1415 Brulte

 

Chapter 737

 

 

Higher Education

Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. This bill would provide that, not later than June 1, 2006, the California Community Colleges and the California State University shall adopt, and the University of California and private postsecondary institutions may adopt, a common course numbering system for the 20 highest-demand majors in the respective segments. The bill would further require each campus of a public postsecondary educational institution to incorporate the common course numbering system in its catalogue. The bill would specify that the incorporation of these numbers into a campus catalogue would occur at the next adoption of a campus catalogue after June 1, 2006. This bill contains other existing laws.

SB 1437 Speier

 

Chapter 251

 

 

General Government

Existing law establishes the Bureau of State Audits headed by the State Auditor to examine and report on financial statements of the executive branch of state government, and to perform other related duties. This bill would authorize the State Auditor to establish a high-risk government agency audit program for the purpose of identifying, auditing, and issuing reports on any state agency that the auditor identifies as high risk for the potential of waste, fraud, abuse, and mismanagement, or that have major challenges associated with their economy, efficiency, or effectiveness. The bill would authorize the State Auditor to issue audit reports with recommendations for improvement in state agencies identified as at high risk not less than once every 2 years, and to require state agencies identified as high risk to periodically report to the auditor regarding the status of recommendations for improvement made by the auditor or other state oversight agencies.

SB 1438 Johnson

 

Chapter 814

 

 

General Government

Existing federal law, the Help America Vote Act of 2002, requires, among other things, that each voting system used in an election for federal office produce a permanent paper record with an audit capacity for that system, allow the voter to verify his or her votes before the voter's ballot is cast, and be accessible for individuals with disabilities. The act provides funding for these purposes. This bill would prohibit, on and after January 1, 2005, the Secretary of State from approving a direct recording electronic voting system that does not include an accessible voter verified paper audit trail, and prohibit, on and after January 1, 2006, a city or county from contracting for or purchasing a direct recording electronic voting system that does not include an accessible voter verified paper audit trail. In addition, the bill would require that, as of January 1, 2006, all direct recording electronic voting machines in use on that date, regardless of when contracted for or purchased, shall have received federal qualification, as defined, and shall include an accessible voter verified paper audit trail. This bill contains other related provisions and other existing laws.

SB 1439 Speier

 

Chapter 398

 

 

CDE Admin/Governance

Existing law generally requires a retired member of the Public Employees' Retirement System to reinstate from retirement if he or she is reemployed by a state agency or other employer under the system. However, existing law also authorizes a retired member to work for a state agency or other employer under the system for up to 960 hours in any calendar year, without reinstatement from retirement or loss or interruption of retirement benefits, if certain conditions exist. This bill would make that authorization inapplicable to a retired member who is employed by an employer under the system and who, within 12 months prior to that employment, received unemployment insurance compensation following the termination of an appointment with the same employer. The retired member would not be reinstated from retirement but, instead, would be required to terminate that employment and would be ineligible for that employment for a period of at least 12 months. The bill would make related findings and declarations.

SB 1444 Speier

 

Chapter 859

 

 

Child Health

Existing law, the Sherman Food, Drug, and Cosmetics Law, provides for the regulation of the processing, labeling, advertising, and sale of food, drugs, and cosmetics, as defined, including dietary supplements, under the administration of the State Department of Health Services. This bill would revise these provisions to replace the reference to steroid hormone precursors with a list of designated substances. By creating a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 1448 Alpert

 

Chapter 233

 

 

Assessment & Standards
Budget Issues

Existing law, the Leroy Greene California Assessment of Academic Achievement Act, requires each school district, charter school, and county office of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests. Existing law repeals the act on January 1, 2005. This bill would extend the repeal date of the act to January 1, 2011, thereby imposing a state-mandated local program. The bill would, commencing July 1, 2007, exclude pupils in grade 2 from the standards-based achievement test requirement and make conforming changes. This bill contains other related provisions and other existing laws.

SB 1449 Johnson

Chapter 815

Urgency Clause Adopted

General Government

Under the Political Reform Act of 1974, a candidate for elective state office may not personally loan to his or her campaign an amount, the outstanding balance of which exceeds $100,000. This limitation does not apply to a loan made to a candidate by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. This bill would delete this exemption. This bill contains other related provisions and other existing laws.

SB 1458 Johnson

 

Chapter 591

 

 

General Government

Under the Political Reform Act of 1974, the Franchise Tax Board is required to audit a specified percentage of certain lobbying firms, lobbyist employers, candidates, and committees regarding the campaign statements and reports filed by those persons and entities with the Secretary of State. The Fair Political Practices Commission selects by lot the persons and entities to be audited on a random basis. This bill would require that the board complete its report of any audit conducted on a random basis within one year after the person or entity subject to the audit is selected by the commission to be audited. This bill contains other related provisions and other existing laws.

SB 1464 Karnette

 

Chapter 739

 

 

School Finance

Existing law requires that a school district that seeks to let a contract involving a specified minimum expenditure for the purchase of equipment, materials, or supplies to be furnished, sold, or leased to the school district, or involving a specified minimum expenditure on a public project, to publish a notice calling for bids on the contract in a newspaper of general circulation, stating the work to be done or materials or supplies to be furnished and the time and place where the bids would be opened. This bill would authorize school districts to also publish this notice for bids on the district's Web site or through an electronic portal, and authorize these districts to accept bids that were submitted either electronically or on paper.

SB 1465 Kuehl

 

Chapter 101

 

 

CDE Admin/Governance

Existing law requires a subpoena duces tecum for the production of various kinds of records, including employment records. Existing law defines "employment records" as specified material maintained by the current or former employer of the employee. This bill would revise and expand the definition of "employment records" to include records maintained by any labor organization, as defined, representing the employee and make related changes.

SB 1517 Ashburn

 

Chapter 255

 

 

Curriculum & Instructional Materials

Existing law sets forth the requirements for the issuance of high school diplomas or equivalency certificates. Existing law authorizes a school district that maintains a high school to grant a high school diploma to a veteran that is a resident of California if the governing board of that district is satisfied that that veteran has completed the equivalent of the requirements for graduation from high school. This bill would extend that authorization to retroactively granting a high school diploma to a former pupil who is a veteran of World War II, the Korean War, or the Vietnam War, or their next of kin, as provided. The bill would also make various technical, nonsubstantive, and conforming changes. This bill contains other existing laws.

SB 1590 Dunn

 

Chapter 922

 

 

CDE Admin/Governance

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. This bill would exempt from disclosure under these provisions any personal information received, collected, or compiled by specified public agencies regarding the employees, volunteers, board members, owners, partners, officers, or contractors of a reproductive health services facility, as defined. The bill would specify how those individuals may request nondisclosure of the information and would specify other restrictions on the use of the information.

SB 1603 Committee on Public Employment and Retirement

 

Chapter 231

STRS/PERS

Existing law requires every county superintendent of schools to enter into a contract with the Board of Administration of the Public Employees' Retirement System for inclusion of the school district's classified employees in the system. This bill would provide that, if a charter school chooses to participate in the system, its qualified employees shall be covered under the system in the same manner as the employees of the school district that granted the charter. This bill contains other related provisions and other existing laws.

SB 1612 Speier

 

Chapter 845

 

Urgency Clause Adopted

Child Care/Child Development

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers, including foster family homes, on behalf of qualified children in foster care. The program is funded by a combination of federal, state, and county funds, with moneys from the General Fund being continuously appropriated to pay for the state's share of AFDC-FC costs. This bill would require the State Department of Social Services to amend the foster care state plan required under federal law, to authorize counties that elect to subsidize child care for foster parents to use federal foster care matching funds for the purpose of subsidizing that child care. The bill would require counties electing to administer the Foster Parent Child Care Program to follow guidelines developed by the department. The bill would require the federal funds to match only county funds. This bill contains other related provisions and other existing laws.

SB 1621 Machado

 

Chapter 287

 

 

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. This bill would require the commission to participate in a pilot program, which may include the San Joaquin County Office of Education and up to 5 school districts or consortia, to provide teacher preparation programs for teachers of pupils with disabilities in special education classes and would authorize the commission to issue district intern credentials authorizing participants in the programs to provide classroom instruction to pupils with disabilities in special education classes.

SB 1639 Alarcon

 

Chapter 668

 

 

Adult Education

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law requires CalWORKs recipients, unless exempt, to participate in welfare-to-work activities as a condition of eligibility for benefits. This bill would revise that element of the required plan to provide that the vocational curricula for CalWORKs recipients includes English language proficiency. This bill contains other related provisions and other existing laws.

SB 1658 Karnette

 

Chapter 55

 

 

Teachers & Credentialing

Existing law requires the Commission on Teacher Credentialing to establish procedures for the initial issuance and renewal of teacher credentials and permits, including, among others, emergency permits. Existing law provides that on or after January 1, 1998, an emergency permit issued prior to January 1, 1998, may be reissued for additional one-year periods, as the commission may determine, not to exceed a total of 5 one-year reissue periods. Existing law provides that an emergency permit issued on or after January 1, 1998, may be reissued, as the commission may determine, for additional one-year periods, not to exceed a total of 4 one-year reissue periods. This bill, instead, would permit the issuance or reissuance of emergency permits for validity periods not to exceed one year as determined by the Commission on Teacher Credentialing.

SB 1712 Alpert

 

Chapter 816

 

 

General Government

Existing law, the Online Disclosure Act of 1997, which is part of the existing Political Reform Act of 1974, requires the Secretary of State to develop online and electronic filing processes for use by specified persons and entities required to file statements and reports with the Secretary of State's office pursuant to the Political Reform Act of 1974. This bill would require the Secretary of State to review current filing and disclosure requirements of the Online Disclosure Act of 1997 and report to the Legislature, no later than June 1, 2004, recommendations on revising requirements so as to promote greater reliance on electronic and online submissions. This bill contains other related provisions and other existing laws.

SB 1730 Johnson

 

Chapter 817

 

 

General Government

Existing law requires that the statewide direct primary election be held on the first Tuesday in March in each even-numbered year. It requires that, in any year evenly divisible by the number 4, the statewide direct primary election be consolidated with the presidential primary held on the first Tuesday in March in those years. Existing law establishes certain dates as established election dates, including the first Tuesday after the first Monday in June of each even-numbered year. Existing law establishes certain dates, including the first Tuesday after the first Monday in June of each even-numbered year, as mailed ballot election dates. This bill would instead require that the statewide direct primary election be held on the first Tuesday after the first Monday in June of each year. The bill would make the first Tuesday after the first Monday in June of each year an established election date. The bill would also establish the first Tuesday after the first Monday in March of each even-numbered year as an established mail ballot election date. By requiring a higher level of service by local elections officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 1757 Denham

 

Chapter 926

 

 

CDE Admin/Governance

Existing law provides that no purchase order or other form of documentation for acquisition or replacement of motor vehicles shall be issued against any appropriation until the Department of General Services has investigated and established the necessity for the acquisition or replacement. This bill would require that all contracts for acquisition of motor vehicles or general use mobile equipment for an executive branch officer or agency or the California State University be made by or under the supervision of the Department of General Services, and would permit the department to collect a fee to offset the cost of the services provided. The bill would request and encourage the University of California to have the department perform these tasks with respect to the acquisition or replacement of motor vehicles by the University of California.

SB 1766 McPherson

 

Chapter 112

 

 

Charter Schools

The Charter Schools Act of 1992 authorizes any one or more persons to submit a petition to the governing board of a school district to establish a charter school that operates independently from the existing school district structure as a method of accomplishing specified goals. The existing act provides that a charter school is generally exempt from the laws governing school districts, except as specified in the act. The existing act deems a charter school to be under the exclusive control of the officers of the public schools with regard to the appropriation of public moneys allocated to a charter school. The existing act requires a charter school to provide pupils with certain basic instructional services and to perform specified administrative functions. This bill would exempt from those requirements the Delta Charter High School that is located within Santa Cruz County. The bill would also make a declaration of special circumstances in that regard. This bill contains other existing laws.

SB 1771 Scott

 

Chapter 257

 

 

School District Management

Existing law requires meetings of the governing board of a school district to be held within the district except under certain circumstances, including, but not limited to, a meeting for the purpose of interviewing members of the public residing in another district with reference to the trustees' potential employment of the superintendent of that district. This bill would also permit a meeting to be held in another district to interview members of the public residing in another district with reference to the potential employment of an applicant for the position of superintendent of the district.

SB 1785 Scott

 

Chapter 743

 

 

Higher Education

Existing law establishes the 3 segments of public postsecondary education in this state. These segments include the California State University, the campuses of which are administered by the Trustees of the California State University, the University of California, which is administered by the Regents of the University of California, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Existing law establishes community college districts, which operate campuses that provide instruction to students throughout the state. This bill would establish a program with the purpose of ensuring that community college students who wish to earn baccalaureate degrees at a campus of the California State University are able to do so. The bill would require the Chancellor of the California State University to carry out specified tasks in connection with the establishment of this program. This bill contains other related provisions.

SB 1816 Vincent

 

Chapter 260

 

 

STRS/PERS

Existing law permits a school district or county superintendent of schools to reduce its number of employees, subject to certain requirements, whenever enrollment drops below certain levels, and requires a school district or county superintendent of schools to give notice to the employee before the 15th of May that his or her services will be terminated at the close of the current school year. This bill would authorize a county superintendent of schools in a county that meets certain population requirements, for the purpose of making reductions initiated during the 2004-05 school year in the number of county employees because of a reduction in services or elimination of a juvenile camp program, to retain the county employees until the effective date of the closure or reduction in services of that juvenile camp program.

SB 1842 Chesbro

 

Chapter 43

 

 

Budget Issues

The Budget Act of 2003 appropriated specified amounts from the General Fund, unallocated special funds, and unallocated nongovernmental cost funds for expenditure for contingencies or emergencies upon written authorization from the Director of Finance. The Budget Act of 2003 also appropriated specified amounts for loans to state agencies for contingencies or emergencies. This bill would appropriate $103,266,000, as scheduled, in augmentation of these Budget Act appropriations. This bill would also reappropriate specified funds for any Medical Assistance Program local assistance expenditures resulting in a deficiency in the 2003-04 fiscal year, as specified. This bill would authorize the Director of Finance to withhold authorization for the expenditure of funds appropriated in the bill until preliminary estimates of potential deficiencies are verified. This bill contains other related provisions.

SB 1895 Burton

 

Chapter 493

 

Urgency Clause Adopted

Special Education

Existing law requires school districts, county offices of education, and special education local plan areas to comply with state laws that conform to the federal Individuals with Disabilities Education Act, in order that the state may qualify for federal funds available for the education of individuals with exceptional needs. Existing law requires school districts, county offices of education, and special education local plan areas to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. This bill would authorize a local educational agency to refer a pupil suspected of needing mental health services to a community mental health service in accordance with specified provisions. The bill would prescribe certain requirements relating to making those referrals and providing related services. This bill contains other related provisions and other existing laws.

SB 1906 Sher

 

Chapter 838

 

 

School Finance

Existing law, the Leroy F. Greene School Facilities Act of 1998 (the Greene 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. This bill would, notwithstanding any other law, and until January 1, 2007, authorize the Santa Clara Unified School District to use the proceeds from the sale of surplus real and personal property, as provided, to deposit the proceeds into the general fund of the school district or county office of education, and to use the proceeds from that transaction for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a general obligation bond act or revenue derived from developer fees, the bill would prohibit the amount deposited into the general fund of the school district or county office of education from exceeding the difference between the purchase price of the property and the proceeds of the transaction divided by the amount of the proceeds of the transaction, as defined. This bill contains other related provisions and other existing laws.

SB 1912 Ashburn

 

Chapter 846

 

Urgency Clause Adopted

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, foster 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 auto-injectable epinephrine medication if the school district receives the statements described above. This bill contains other related provisions.

SCA 1 Burton Chapter 1

 

 

CDE Admin/Governance

The California Constitution provides that the people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. Various provisions of existing law, including, among others, the California Public Records Act, the Legislative Open Records Act, the Bagley-Keene Open Meeting Act, and the Ralph M. Brown Act, provide, with some exceptions, for public access to government records and meetings of government bodies. This measure would provide that the people have the right of access to information concerning the conduct of the people's business. It would provide that the meetings of public bodies and writings of public officials and agencies shall be open to public scrutiny. This bill contains other related provisions and other existing laws.

SCR 52 Alpert Chapter 18

Parental Involvement

This measure would designate the month of March of every year as Family Empowerment Month.

SCR 55 Alpert Chapter 33

Ed. Options

This measure would proclaim May as Educational Options Month and provide that the California Legislature encourage all Californians to work together to ensure the future success of every young student participating in educational options in our state.

SCR 58 McPherson Chapter 28

Ed. Options

This measure would declare each March 22 to be "California Private School Recognition Day."

SCR 60 Battin Chapter 61

At-Risk Students

This measure would acknowledge the month of April 2004, as Child Abuse Prevention Month, and encourage the people of the State of California to work together to support youth-serving child abuse prevention activities in their communities and schools.

SJR 29 Kuehl Chapter 140

Child Nutrition

This measure would request federal officials and entities and private industries to take various actions concerning foods and beverages that are advertised or marketed to children.

SJR 31 McPherson Chapter 187

Career/Technical Ed.

This measure would urge the United States Congress to continue and fully fund the Carl D. Perkins Vocational and Technical Education Act of 1998.

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