Skip to content
Printer-friendly version

2003 Chaptered K-12 Education Legislation


Bill Number  Author
Chapter Number

 

Subject Area

Summary

AB 36 Wyland
Chapter 45

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, designated achievement tests. This bill would encourage the governing board of a school district to discuss STAR test scores and to analyze the results of those assessments. The bill would authorize the governing board of a school district with a school not meeting a certain specified standard to conduct an assessment and adopt an improved performance plan. This bill contains other existing laws.

AB 38 Reyes
Chapter 1

School District Management

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 school district and to appoint 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 specify that the governing board of the school district is not to receive any compensation during the period of the superintendent's authority over the district. The bill would authorize the administrator to terminate the employment of certain district personnel, as provided. This bill contains other related provisions and other existing laws.

AB 54 Oropeza
Chapter 817

Teachers & Credentialing

Existing law establishes various training and development programs for teachers and administrators. This bill would require the Commission on Teacher Credentialing, in consultation with the State Department of Education, to contract with an independent evaluator to conduct a study of the availability and effectiveness of cultural competency training for teachers and administrators. The bill would require the study to focus on 10 culturally diverse schools that reflect the diverse demography and geography of California and would prescribe criteria for selecting those schools. The bill would set forth guidelines for conducting the study. This bill contains other related provisions.

AB 67 McLeod, Negrete
Chapter 10

STRS/PERS

The Legislators' Retirement Law establishes various retirement benefits for members of that system. This bill would provide that the amount of compensation used to compute benefits for specified members of that system cannot exceed the limitations placed upon retirement systems by certain provisions of the federal Internal Revenue Code. This bill contains other related provisions and other existing laws.

AB 78 Reyes
Chapter 44

Curriculum & Instructional Materials

Under existing law, the adopted course of study for grades 7 to 12, inclusive, is required to include instruction in the social sciences, as prescribed. This bill would express the encouragement of the Legislature for that instruction to contain instruction on the Vietnam war, including the "Secret War" in Laos, and the role of Southeast Asians in that war. The bill would additionally express the encouragement of the Legislature that the instruction include a component drawn from personal testimony of Southeast Asians who were involved in the Vietnam war and those who contributed to the war effort on the homefront. This bill contains other related provisions.

AB 96 Bermudez
Chapter 91

NCLB Accountability

Existing law provides for the development of the Academic Performance Index (API), a statewide ranking system to measure school performance. Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to rank all public schools in decile categories by grade level of instruction provided, based on their pupils' API results. Various provisions of existing law designate a school as a "low-performing" school, based on its decile rank. This bill would, instead, designate those schools as "high-priority" schools.

AB 98 Koretz
Chapter 327

Employment Issues

Existing law authorizes the Industrial Welfare Commission to adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in this state consistent with the health and welfare of those workers. Existing law prohibits an employer, with certain exceptions, from employing an employee for more than 5 hours per day without a meal period of not less than 30 minutes, or for more than 10 hours per day without a 2nd meal period of not less than 30 minutes. This bill would provide that if the Industrial Welfare Commission adopts or amends an order that applies to an employee of a public agency who operates a commercial motor vehicle, it may exempt an employee covered by a valid collective bargaining agreement from provisions that relate to meal periods or rest periods.

AB 106 Corbett
Chapter 548

STRS/PERS

Existing law defines a spouse, for purposes of qualification for specified survivors' benefits under the Defined Benefit Program of the State Teachers' Retirement Plan, as a person who was married to the member of the program for a continuous period beginning at least 12 months prior to the death of the member, unless specified conditions exist. This bill would additionally define a spouse, for these purposes, as a person who was married to the member for less than 12 months, if the member's death was accidental, as defined, or for the period beginning prior to the occurrence of the injury or diagnosis of the illness that resulted in death, except as specified.

AB 109 Dymally
Chapter 276

Miscellaneous

Existing law makes certain acts of public school employers, such as school districts, unlawful, including the refusal or failure to meet and negotiate in good faith with an exclusive representative. This bill would define the prohibition on the refusal or failure to meet and negotiate in good faith to include the knowing provision by a public school employer to an exclusive representative of inaccurate information regarding its financial resources, whether or not it is provided in response to a request for information.

AB 115 Horton, Jerome
Chapter 423

Safe Schools

Existing law makes each school district and county office of education responsible for the overall development of comprehensive school safety plans for schools operating kindergarten and any of grades 1 to 12, inclusive. Existing law requires the Superintendent of Public Instruction, upon determining that there is a willful failure to make any required report relating to a school safety plan, to notify the school district or county office of education in which the willful failure occurred and to make an assessment of $500 against the school district or county office of education. This bill authorizes the filing with the department of a complaint of noncompliance with the school safety plans under the Uniform Complaint Procedures, and would increase the penalty for a willful failure to make a report to $2,000. This bill contains other related provisions.

AB 134 Cohn
Chapter 262

Miscellaneous

Existing law provides that any person who inflicts corporal injury resulting in a traumatic condition upon a person with whom he or she has a specified relationship is guilty of a crime punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for one year, by a fine of up to $6,000, or by both that fine and imprisonment. Existing law also provides that a person convicted of violating these provisions for acts occurring within 7 years of a previous conviction of specified assault and battery offenses shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for 2, 4, or 5 years, or by both imprisonment and a fine of up to $10,000. This bill would provide that a person convicted of violating these provisions for acts occurring within 7 years of a previous conviction of willful and unlawful use of force or violence against a person with whom he or she has a specified relationship would be punished by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for one year, or by a fine of up to $10,000, or by both that imprisonment and fine. This bill contains other related provisions and other existing laws.

AB 163 Nation
Chapter 755

Class-Size Reduction

Existing law requires the Governor, with the recommendation of the Superintendent of Public Instruction, to appoint 3 deputy and 3 assistant superintendents of public instruction who are exempt from civil service. This bill would increase those appointments to 5 deputy and 5 associate superintendents of public instruction. This bill contains other related provisions and other existing laws.

AB 179 Chan
Chapter 378

Child Care/Child Development

The California Children and Families Act of 1998, an initiative measure, requires that the California Children and Families Program, established by the act, be funded by certain surtaxes imposed on the sale and distribution of cigarettes and tobacco products and deposited into the California Children and Families Trust Fund, and that the fund be used for the implementation of comprehensive early childhood development and smoking prevention programs. Existing law establishes a state commission, the California Children and Families Commission, with specified powers and duties relating to the administration of the act on a state level. This bill would provide that the state commission may also be known as First 5 California, and would delete reference to the name of the state commission used for mass media and other communication purposes. This bill contains other related provisions and other existing laws.

AB 190 Levine
Chapter 808

Employment Issues

Existing law provides that a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established shall be entitled to vote a provisional ballot. It prohibits the rejection of a provisional ballot because the voter did not cast his or her ballot in the precinct to which he or she was assigned by the elections official, if the ballot cast by the voter contained only the candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct. This bill would delete this condition and would instead provide that if a voter casts a provisional ballot that contains candidates or measures on which the voter would not have been entitled to vote in his or her assigned precinct, the elections official shall count the votes for the candidates and measures on which the voter was entitled to vote in his or her assigned precinct. By adding to the duties of local elections officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 195 Chan
Chapter 550

Child Health

Existing law requires the Department of Education to prepare and distribute to school districts guidelines for the preparation of comprehensive health education plans and programs. Existing law defines a comprehensive health education program as an educational program offered in kindergarten and grades 1 to 12, inclusive, that ensures that pupils receive instruction on making decisions in matters of personal, family, and community health, including, among other subjects, nutrition. This bill would specify that pupils may receive instruction on, among other topics, preventative health care. The bill would further specify that the instruction on nutrition may include instruction on related topics such as obesity and diabetes. The bill would prohibit participating entities from marketing their services when undertaking activities related to the program and would define marketing as the making of a communication about a product or service with the purpose to encourage the purchase or use of the product or service. The bill would exempt specified entities that provide certain services from these marketing prohibitions. This bill contains other related provisions and other existing laws.

AB 255 Horton, Jerome
Chapter 380

School District Management

Existing law provides that any person who uses or allows to be used any reproduction or facsimile of the seal of a county in campaign literature or a mass mailing with the intent to deceive the voters is guilty of a misdemeanor. This bill would extend this provision to cover the use of a reproduction or facsimile of the seal of a local government agency, as defined by the bill to include a school district or special district, thereby expanding the scope of a misdemeanor and, thus, creating a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 264 Mullin
Chapter 891

School Finance

Existing law requires that the funds from the sale of surplus school real property be used for capital outlay or for costs of maintenance of prescribed school district property. Existing law permits a school district to deposit proceeds from a lease of school district property with an option to purchase in its general fund for use for any general fund purpose if approved by the State Allocation Board if certain conditions are met. This bill would, notwithstanding contrary provisions of law, authorize a school district to deposit up to 25% of the proceeds of the sale of surplus school real property into the school district general fund for use for any one-time expenditure of the school district, except for salaries and benefits, if prescribed conditions are met, and would preclude that transfer from disqualifying the school district for prescribed state facilities funding. The bill would define "sale," for this purpose, to include a lease of surplus property with an option to purchase and would require the State Allocation Board to review, and authorize the State Allocation Board to disapprove, the determination of the governing board of a school district that property is surplus property when any of the proceeds from the sale of that property are used for purposes other than capital outlay or maintenance costs. This bill contains other related provisions and other existing laws.

AB 268 Mullin
Chapter 165

Employment Issues

Existing law requires each supervisorial employee employed by the state, upon his or her initial appointment to a designated supervisory position, be provided with a minimum of 80 hours of training, with at least 40 hours of that training to be structured and provided by a qualified instructor. Existing law requires the supervisorial training to include various subjects pertaining to the role of the supervisor and employer-employee relations. This bill would require the supervisorial training to include training on the subject of employment law relating to persons with disabilities.

AB 277 Dutra
Chapter 277

Pupil Data/Privacy

Existing law makes it unlawful for a person, with bad faith intent, to register, traffic in, or use a domain name that is identical or confusingly similar to the personal name of another living person or deceased personality, without regard to the goods and services of the parties. It permits a court to consider various factors in determining the existence of bad-faith intent, and permits a complaining party to seek an injunction against the alleged infringement. This bill would permit a court to consider the intent of a person alleged to be in violation of these provisions to mislead, deceive, or defraud voters. It would, in addition, authorize a court to order the transfer of a domain name as part of the relief awarded. This bill contains other related provisions and other existing laws.

AB 290 Firebaugh
Chapter 880

Classified/Paraprofessional

Under existing law, classified employees of school districts and community college districts subject to layoff as a result of the expiration of a specially funded program at the end of any school year are required to be given written notice on or before May 29 informing them of certain rights. Existing law requires that notice be given not less than 30 days prior to the effective layoff date if the termination date of any specially funded program is other than June 30, or if classified employees are subject to layoff as a result of a bona fide reduction or elimination of a service performed by any department. Existing law exempts a school district from those notice requirements if it lays off classified employees for lack of funds in the event of an actual and existing financial inability to pay salaries, or lays off employees due to an unforeseeable lack of work. This bill would, instead, require that the employees to be laid off as the result of that notice be given written notice on or before April 29, or not less than 45 days prior to the effective layoff date, if the termination date of any specially funded program is other than June 30, or if classified employees are subject to layoff as a result of a bona fide reduction or elimination of a service performed by any department. The bill would delete the provision authorizing layoffs without any notice. The bill would prohibit a classified employee from being laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. This bill contains other related provisions and other existing laws.

AB 294 Daucher
Chapter 429

Ed. Technology

Existing law, to be repealed on January 1, 2006, requires schools that provide an online asynchronous interactive curriculum, as defined, to meet certain requirements including, applying to the State Department of Education for participation in the program and limits total participation in the program to 40 schoolsites. Existing law prohibits a pupil participating in an online classroom program from being credited with more than one day of attendance per calendar day or more than 5 days per calendar week. This bill would recodify those provisions as the Online Classroom Pilot Program for the purpose of monitoring and evaluating pupil participation in online asynchronous interactive programs and would limit eligibility to high schools, as specified. The bill would require a school district to submit to the State Department of Education information verifying the time a teacher and a pupil spend online and related activities in which a pupil is involved. The bill would require the department to clearly describe in the application form the academic performance information required to be submitted. The bill would require the Superintendent of Public Instruction to convene a working group to assess the online classroom pilot project and the fiscal costs of offering instruction through online classroom programs. The bill would extend the repeal date to January 1, 2007.

AB 296 Oropeza
Chapter 757

Miscellaneous

Existing law authorizes the Department of General Services and the Director of General Services to perform specified activities for the purpose of achieving improved levels of performance. These provisions become inoperative on the effective date of the Budget Act of 2003, or June 30, 2003, whichever occurs later, and are repealed as of January 1, 2004. This bill would delete the inoperative date and the repeal date of these provisions. This bill contains other related provisions and other existing laws.

AB 300 Committee on Education
Chapter 552

Education Programs

Existing law authorizes the Department of Education, upon request, to waive its regulations for staffing and group size ratios for programs in which subsidized children comprise a majority of the enrollment. This bill would instead authorize the Superintendent of Public Instruction, upon request, to waive the requirements for staffing and group size ratios without regard to program enrollment. This bill contains other related provisions and other existing laws.

AB 305 Mullin
Chapter 430

Child Care/Child Development

The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus or other incentives or concessions for the production of lower income housing units within the development if the developer meets certain requirements. This bill would also require an additional density bonus or additional concession or incentive to be granted to a developer of housing that meets those requirements and includes a child care facility, as defined, subject to specified conditions.

AB 310 Kehoe
Chapter 344

Employment Issues

Existing law requires the governing board of a school district and the governing board of a community college district that deduct employee organization membership dues or service fees from the salary payment of an employee of the district to transmit the amount of the deduction to the organization. Existing law requires that classified employee dues be transmitted on the same designated date of each month and that certificated employee dues be transmitted no later than the 15th day of each pay period. This bill would require the governing board of a school district and the governing board of a community college district that collect or deduct dues, agency fees, fair share fees, or any other fee or amount of money from an employee's salary for the purpose of transmitting the money to an employee organization, to transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction. The bill would prohibit a school district and a county office of education from requesting, and the State Board of Education from granting, a waiver of compliance with this provision.

AB 346 Longville
Chapter 173

General Government

Under existing law, voters may contest elections for various causes, including malconduct by a precinct board or member thereof, an elected officer was not eligible for office, that there had been a This bill would add that an election may be challenged if eligible voters who attempted to vote in accordance with state law were denied the right to vote. This bill contains other related provisions and other existing laws.

AB 369 Bermudez
Chapter 861

STRS/PERS

Existing law generally requires a person who has retired under the Public Employees' Retirement System to reinstate from retirement if he or she is subsequently employed by an employer under the system. However, existing law also exempts certain types of employment from that requirement. This bill would authorize a safety member who is retired for service, with at least 20 years of specified service, to serve, without reinstatement from service retirement, as the superintendent, deputy superintendent, or captain of a jail or other local correctional facility that houses state inmates pursuant to a long-term agreement, as specified, in a city that does not maintain a municipal police department.

AB 373 Chu
Chapter 139

Child Health

Existing law establishes the Healthy Families Program, administered by the Managed Risk Medical Insurance Board, to arrange for the provision of health care, dental, or vision coverage to eligible children meeting certain household income requirements. Under existing law, the Healthy Families Program is repealed on January 1, 2004. This bill would provide, effective July 1, 2004, that a subscriber in the program who selects or is assigned to a federally qualified health center, rural health clinic, or primary care clinic shall be deemed to have been assigned directly to the federally qualified health center, rural health clinic, or primary care clinic, and not to any individual provider performing services on behalf of these entities. The bill would provide that the assignment of a subscriber to a physician employee of these entities constitutes an assignment to the federally qualified health center, rural health clinic, or primary care clinic. The bill would not limit the rights of a subscriber to select an available primary care physician within a health care service plan's service area.

AB 375 Bermudez
Chapter 615

STRS/PERS

Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds of memoranda of understanding entered into between the state employer and State Bargaining Units 1, 4, 10, 11, 14, 15, 16, 17, 19, 20, and 21, and would provide that the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act. This bill contains other related provisions and other existing laws.

AB 385 Nakano
Chapter 433

CDE Admin/Governance

Existing law requires each state agency at the time of each payment of salary or wages, whether by direct deposit by electronic fund transfer or otherwise, to furnish each employee an itemized statement in writing showing all deductions made from his or her salary or wages. This bill would require each state agency to furnish each employee, at his or her discretion, the itemized statement in writing or electronically. This bill contains other related provisions.

AB 399 Wyland
Chapter 35

Curriculum & Instructional Materials

Existing law provides that instruction in the area of social sciences, as required pursuant to the adopted course of study for grades 7 to 12, inclusive, shall contain instruction on World War II and the American role in that war. This bill would instead authorize the instruction in the area of social sciences to contain instruction on World War II and the American role in that war.

AB 424 Richman
Chapter 881

Employment Issues

Existing law requires all vacancies in the classified service of a school district that has adopted the merit system to be filled from applicants on eligibility lists that are made up from promotional examinations or by appointments made by means of transfer, demotion, reinstatement, or reemployment, as specified. Existing law requires that if a vacancy is filled from applicants on an eligibility list that the appointment be made from the eligible candidates having the first 3 ranks on the list who are ready and willing to accept the position. This bill would, in a school district with a pupil population over 400,000, authorize an appointment for a school-based position to be made from any rank on eligibility list, but would require consideration of certain factors. If specialized licenses, certifications, knowledge, or ability that cannot reasonably be acquired during the probationary period or a specific gender is required for successful job performance of a position, the bill would allow an appointment to be made, in a school district with a pupil population over 400,000, from among the highest 3 ranks of applicants on the list who meet the special requirements and are ready and willing to accept the position. This bill contains other related provisions and other existing laws.

AB 490 Steinberg
Chapter 862

At-Risk Students

Existing law requires a school district to accept for credit any coursework satisfactorily completed by a pupil while in juvenile court school or in any county or state-operated institution. This bill would instead require a school district and county office of education to accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency, thus imposing a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 529 Mullin
Chapter 744

Child Care/Child Development

The California Child Day Care Facilities Act, provides for the licensing and regulation of child day care facilities, including family day care homes, by the State Department of Social Services. Existing law authorizes a small family day care home to provide day care for more than 6 and up to 8 children if certain conditions are met. Existing law also authorizes a large family day care home to provide day care for more than 12 children and up to and including 14 children if certain conditions are met. One of these conditions applicable to both small and large family day care homes is that at least 2 of the children be at least 6 years of age. This bill would instead allow the above referred condition to be met if at least one child is enrolled in and attending kindergarten or elementary school and a 2nd child is at least 6 years of age.

AB 552 Chavez
Chapter 835

STRS/PERS

Under the Public Employees' Retirement Law, service retirement allowances are calculated, in part, based on years of credited service. Members may elect to receive additional credit for public service and other types of service, as specified, subject to the payment of additional contributions. The payment of those contributions may be made in a lump sum or by installment payments. This bill would authorize specified public safety members who have elected to receive additional service credit and who retire or have retired due to industrial disability while making installment payments for that service credit to cancel those installment payments prospectively in certain cases in which the election to purchase service credit will not increase the member's allowance, as specified. The bill would also provide that it may not be construed to limit any right or benefit granted pursuant to other specified provisions of law.

AB 560 Goldberg
Chapter 509

School Facilities

Existing law authorizes a school district to operate a program of year-round scheduling for as few as 163 days in each fiscal year if the number of annual instructional minutes is not less than that of schools of the same grade levels utilizing the traditional school calendar. This bill would further condition this authority on the governing board of the school district adopting a resolution at a regularly scheduled board meeting certifying that the number of annual instructional minutes is not less than that of schools of the same grade levels utilizing the traditional school calendar and that it is not possible for the school to maintain a multitrack schedule containing the same number of instructional days as are provided in schools of the district utilizing the traditional school calendar given the facilities, program, class sizes, and projected number of pupils enrolled at the schoolsite. The bill would require the State Department of Education, by July 1, 2008, to conduct a survey to determine whether school districts operating under this authority will phase out this scheduling program by the 2009-10 fiscal year and to submit a copy of the results of the survey to the Assembly Committee on Education, the Senate Committee on Education, and the Department of Finance. The bill would require the Legislature to determine based on this survey whether to repeal or continue this authority.

AB 569 Cohn
Chapter 107

School Data

Existing law establishes the Bureau of State Audits under the direction of the Milton Marks Commission on California State Government Organization and Economy, and generally provides that any reference in state law to the Auditor General or the office of the Auditor General with respect to the performance of audits, shall be construed to refer to the State Auditor or the Bureau of State Audits, respectively. This bill would delete obsolete references to the office of the Auditor General and the Auditor General and make various other technical, nonsubstantive changes. This bill contains other related provisions.

AB 577 Horton, Jerome
Chapter 836

Employment Issues CDE Admin/Governance

A regulation of the State Personnel Board implementing existing law restricting a person dismissed from state civil service from applying for a civil service examination provides that a dismissed employee may not take a civil service examination without the consent of the executive officer of the board. The regulation authorizes the executive officer to grant a continuing waiver of this requirement to an employee who subsequently attains permanent status in civil service. This bill would require the board to provide, by rule, for grant of a blanket waiver of this requirement that would allow a dismissed employee who meets standards to be determined by the board to apply for any civil service examination so that he or she would not need a separate waiver for each examination. It also would require the board to prepare a written notice that explains the effect of dismissal from state employment on eligibility to take civil service examinations and the process by which a dismissed employee can compete in a civil service examination.

AB 591 Strickland
Chapter 653

Career/Technical Ed.

Existing law requires school districts to adopt a course of study for grades 7 to 12, inclusive, that includes career technical education. This bill would encourage the advisory group to identify career technical education courses that meet state-adopted academic content standards and that satisfy high school graduation requirements and admissions requirements of the University of California and the California State University, and to determine the extent to which local educational agencies accept credit earned for the completion of those courses, in lieu of other courses of study. This bill contains other existing laws.

AB 608 Daucher
Chapter 536

Employment Issues

Existing law requires every sheriff or chief of police, upon the arrest of a school employee for specified controlled substance offenses or sex offenses, to immediately notify specified school officials, including the Commission on Teacher Credentialing if the school employee is a teacher in a public school. This bill would provide that those notices would be given if the law enforcement officer knows that the arrestee is a school employee and would additionally require the Commissioner of the California Highway Patrol to give those notices upon the arrest of a school employee for those offenses. This bill contains other related provisions and other existing laws.

AB 615 Bates
Chapter 208

Special Education

Existing law requires the State Board of Education, upon recommendation of the Superintendent of Public Instruction or the members of the State Board of Education, to appoint 5 public members to the Advisory Commission on Special Education. This bill would require the board to select one of those members from the charter school community.

AB 626 Liu
Chapter 559

Transportation

Existing law authorizes a governing board of a school district to purchase or lease vehicles to provide transportation of pupils to and from school. Existing law also authorizes the Department of General Services or a state agency, as authorized by the Department of General Services, to contract with suppliers to acquire goods and services for state agencies. This bill makes legislative findings that 15-passenger vans are unsafe and declares the intent of the Legislature that all school districts, private schools, community colleges, and the California State University should require that 15-passenger vans owned by those entities only be driven by a person holding a commercial driver's license. This bill contains other related provisions and other existing laws.

AB 648 Dymally
Chapter 386

Desegregation

Existing law establishes various state educational commissions. This bill would establish the Brown v. Board of Education of Topeka Advisory Commission in the State Department of Education and would specify the membership of the commission. The bill would, in addition, require the commission to develop community and educational awareness programs to commemorate the 50th anniversary of the United States Supreme Court decision in Brown v. Board of Education of Topeka only after the Department of Finance determines that private donations sufficient to fund those programs have been deposited with the state. This bill contains other related provisions.

AB 654 Goldberg
Chapter 882

Higher Education

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law provides for the employment of faculty as temporary, contract, or regular employees. Existing law requires that a person employed to teach adult or community college classes for not more than 60% of the hours per week of a full-time employee having comparable duties, excluding substitute service, be classified as a temporary employee and not become a contract employee. This bill would express the intent of the Legislature and various policy preferences of the Legislature with respect to part-time community college faculty.

AB 676 Nakanishi
Chapter 560

STRS/PERS

Under existing law, service retirement benefits for members of the Public Employees' Retirement System are calculated, in part, based on the member's years of credited service. Members of the system may, under existing law, receive service credit for public service, as defined, upon payment of specified additional contributions. Those contributions are deposited in the Public Employees' Retirement Fund, a continuously appropriated fund. This bill would authorize active or retired school members of the system to receive credit for service rendered during a specified period for an independent data processing center, subject to certain conditions and upon payment of specified additional contributions. By increasing contributions to the Public Employees' Retirement Fund, the bill would make an appropriation.

AB 719 McLeod, Negrete
Chapter 838

STRS/PERS

Under the Public Employees' Retirement Law, service retirement allowances are calculated, in part, based on years of credited service. Members of that retirement system may receive service credit for public service not otherwise subject to credit, upon payment of specified additional contributions. This bill would authorize specified members of that system, including employees or officers of the state, the university, a school employer, or a contracting agency and certain legislative employees, to elect to make additional contributions and receive up to 5 years of additional retirement service credit, as defined, subject to specified limitations. Contributions are deposited in the Public Employees' Retirement Fund, a continuously appropriated fund. This bill contains other existing laws.

AB 766 Longville
Chapter 745

Child Health

Existing law requires the governing boards of school districts to provide a scoliosis screening of every female pupil in grade 7 and every male pupil in grade 8, in accordance with specified guidelines. This bill would establish a 3-year pilot program whereby any school district may participate in the program and would require those participating school districts, in conjunction with the scoliosis screening, to screen pupils for the risk of developing type 2 diabetes mellitus. The bill would specify individuals who may perform and supervise the screenings, and would prescribe procedures for the screening process, including, but not limited to, compliance with standards and procedures developed by the State Department of Education. The bill would provide for parent or guardian notification of any pupil suspected of being at elevated risk of developing type 2 diabetes mellitus, as described in the bill. This bill contains other related provisions.

AB 774 Wiggins
Chapter 72

Attendance

Existing law requires the minimum day in specified vocational education programs to consist of 4 periods totaling at least 180 minutes in duration. This bill would additionally provide that for a pupil who attends a school, as specified, in which the regularly scheduled period is greater than 60 minutes in length, the minimum day is one or more periods totaling at least 180 minutes in duration.

AB 781 Lieber
Chapter 130

Promotion/Retention

Existing law sets forth the requirements for the issuance of high school diplomas or equivalency certificates. This bill would, notwithstanding any other provision of law to the contrary, authorize a high school district, unified school district, or county office of education, to retroactively grant a high school diploma to a former pupil who was interned in the United States by order of the federal government during World War II, as provided.

AB 807 Leno
Chapter 839

Employment Issues

Existing law provides that per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, travel, and subsistence pay, apprenticeship or other training programs, and similar purposes, and specifies the employer contributions, costs, and payments that employer payments may include. That law prohibits credit from being granted for benefits required to be provided by other state or federal law, and provides that credits for employer payments may not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. This bill would provide that an employer may take a credit for employer payments even if contributions are not made or costs are not paid, as specified, if certain conditions are met.

AB 833 Steinberg
Chapter 660

Higher Education

Existing law provides that no person shall be subjected to discrimination on the basis of, among other things, sex, in any program or activity conducted by any postsecondary educational institution that receives or benefits from state financial assistance or enrolls students who receive state financial aid. Existing law states that it is the intent of the Legislature that opportunities for participation in intercollegiate athletic programs in the community colleges, in the campuses of the California State University, and in the campuses of the University of California be provided on as equal a basis as is practicable to male and female students. This bill would express various findings and declarations of the Legislature with respect to gender equity in athletics. The bill would set forth standards for determining whether an educational institution has effectively accommodated the interests and abilities of both sexes in athletics. The bill would prohibit the use of public funds in connection with an athletic program of a public postsecondary educational institution that does not provide equivalent opportunity to both sexes for participation and use of facilities. The bill would require an educational institution that is obliged to cut its athletic budget to do so consistently with its legal obligation to comply with both state and federal gender equity laws.

AB 841 Vargas
Chapter 864

At-Risk Students

Existing law, the School-Based Pupil Motivation and Maintenance Program and Dropout Recovery Act, authorizes school districts to establish and maintain school-based pupil motivation and maintenance programs to improve the ability of schools to keep pupils in school and to reduce pupil absenteeism, truancy, tardiness, and school dropout rates. The existing act requires, for school-based motivation and maintenance programs, the schoolsite council to develop a school plan for increasing the retention rate of the school for all pupils with special emphasis on the needs of high-risk pupils. Existing law requires that plan to include a description of the manner in which the school district will utilize outreach consultations and prescribes the qualifications of outreach consultants. Under the existing act, a school may not operate a school motivation and maintenance program unless an application to operate a school motivation and maintenance program has been submitted to, and approved by, the Superintendent of Public Instruction, and unless a newly developed plan or a revision of the previously approved plan has been approved by the local governing board and is retained at the schoolsite. Under existing law, the Superintendent of Public Instruction is required to perform various duties related to school-based pupil motivation and maintenance programs. This bill would, with certain exceptions, require each outreach consultant utilized for purposes of a school-based motivation and maintenance program to possess a Dropout Prevention Specialist Certificate from a California State University, as prescribed, and would make clarifying changes in related provisions. The bill would require a school-based motivation and maintenance program plan to include provisions for participation in specified activities organized and provided by the network of schools implementing pupil motivation and maintenance programs. The bill would authorize the Superintendent of Public Instruction to utilize the services of field personnel with expertise and knowledge of successful pupil motivation and maintenance programs to assist the State Department of Education in carrying out its duties related to school-based pupil motivation and maintenance programs. This bill contains other related provisions and other existing laws.

AB 846 Vargas
Chapter 342

Miscellaneous

Existing law prohibits any state employee or member of the public from smoking a tobacco product inside a state-owned or state-occupied building, or a state-leased and state-occupied building, as defined, or within 5 feet of the main exit or entrance of these buildings, or in a passenger vehicle owned by the state. This bill would instead prohibit smoking inside a public building, as defined, and within 20 feet of a main exit, entrance, or operable window of a public building. It would also provide that these provisions would not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the standards required by this bill. This bill contains other related provisions.

AB 862 Firebaugh
Chapter 883

General Government

The California Constitution establishes a state civil service system that, with limited exceptions, includes every officer and employee of the state. Existing law establishes standards for the use of personal services contracts outside the civil service system, if contracting would achieve cost savings, as defined, or if certain conditions can be met. This bill would require that state agencies, as defined, and the Attorney General, provide specified notices to the designated representative of State Employees Bargaining Unit 2 regarding contracts with outside counsel and the consents of the Attorney General with regard to those contracts. This bill contains other related provisions and other existing laws.

AB 902 Diaz
Chapter 180

CDE Admin/Governance

The Subletting and Subcontracting Fair Practices Act generally prohibits a prime contractor whose bid is accepted by an awarding authority from substituting a person as subcontractor in place of the subcontractor listed in the original bid, except that the awarding authority may consent to the substitution of another person as a subcontractor in specified situations, including a situation in which the subcontractor listed in the bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract when presented to the subcontractor by the prime contractor, as provided. This bill would authorize an awarding authority to consent to substituting a subcontractor when the subcontractor listed in the bid fails or refuses to execute a written contract for the scope of the work specified in the subcontractor's bid and at the price specified in the subcontractor's bid.

AB 918 Chan
Chapter 280

Employment Issues

Under existing law, if it is necessary to assign a classified employee who is not regularly assigned to serve between the end of one academic year and the beginning of another to serve during that period, a school district and a community college district are required to pay the employee on a pro rata basis not less than the compensation and benefits that are applicable to the classification during the regular academic year. This bill would require a regular classified employee who is assigned to perform an assignment or service in addition to his or her regular assignment to be paid on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to that classification during the school year. The bill would require the district to inform the classified employee of the compensation and benefits of the additional assignment or service before the employee begins the additional assignment or service.

AB 954 Goldberg
Chapter 566

Teachers & Credentialing

Existing law requires the governing board of a school district to evaluate and assess certificated employee performance as it reasonably relates to the progress of pupils, instructional techniques and strategies, the employee's adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment. Existing law requires the evaluation and assessment of the performance of a certificated employee to be made at least every other year for personnel with permanent status. This bill would authorize the evaluation and assessment at least every 5 years of personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as defined, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree to this term, with certain exceptions. The bill would make a conforming change.

AB 956 Nation
Chapter 567

Teachers & Credentialing

Existing law authorizes the Commission on Teacher Credentialing to issue 2 types of credentials: teaching credentials and services credentials. This bill would define the term "educator" to mean a certificated person holding a valid California teaching credential or a valid California services credential who is employed by a local education agency or a special education local planning area and who is not employed as an independent contractor or consultant. Under the bill, the definition of educator would not apply to a person participating in a program enacted by statute prior to January 1, 2004, and would apply to a person participating in a program enacted by statute on or after that date only if the statute implementing the program expressly references the definition.

AB 977 Diaz
Chapter 616

STRS/PERS

Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 9 (professional engineers) that require the expenditure of funds except for specified provisions related to an increase of salary or compensation, and would provide that the provisions of any memorandum of understanding that require the expenditure of funds shall become effective even if the provisions of the memorandum of understanding are approved by the Legislature in legislation other than the annual Budget Act. The bill would declare the intent of the Legislature that the approval of the provisions of the memorandum of understanding that require the expenditure of funds for State Bargaining Unit 9 that are not approved by this bill be submitted to the Legislature for consideration at a future date, as described. This bill contains other related provisions and other existing laws.

AB 1008 Dutton
Chapter 570

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, including prescribed amounts for hazardous materials evaluation and response action for new construction projects. This bill would authorize the board, within those limits, to adjust the grant amount for new construction projects if, due to increased requirements, the actual cost and associated fees paid by a school district for allowable hazardous materials evaluation and removal exceeds the grant apportionment.

AB 1017 Goldberg
Chapter 865

Special Education

Existing law establishes the California School for the Deaf as part of the public school system and provides that the object of the school is the education of the deaf who, for specified reasons, cannot be provided an appropriate educational program and related services in the regular public schools. This bill, commencing with the 2004-05 school year, would set forth hiring criteria for purposes of hiring an individual as a certificated employee to instruct deaf pupils at the California School for the Deaf. The bill would establish a hiring preference for certificated individuals who achieve a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test, as specified. The bill would, except as specified, prohibit an individual from being hired as a certificated employee to instruct deaf pupils, unless the individual achieves a specified minimum score on one of those assessments. The bill would also establish hiring preferences, based on scores received on those assessments, for substitute teachers who are hired by the California School for the Deaf. This bill contains other related provisions.

AB 1038 McLeod, Negrete
Chapter 843

Classified/Paraprofessional

Existing law requires the governing board of a school district to submit to the Superintendent of Public Instruction a local plan for the education of individuals with exceptional needs residing in the district on its own or in conjunction with one or more districts, or to join with the county office of education to submit a plan to the Superintendent of Public Instruction that assures access to special education and services for all individuals with exceptional needs residing in the geographic area served by the plan. Existing law requires the plan for special education to be developed and updated cooperatively by a committee of representatives of special education and regular teachers and administrators and with participation by parents, to ensure adequate and effective participation and communication. This bill would set forth the employment rights of classified employees who are terminated, reassigned, or transferred, or become the employee of another employer as a result of the development or revision of a local plan for the education of individuals with exceptional needs. This bill contains other related provisions and other existing laws.

AB 1070 Laird
Chapter 181

Classified/Paraprofessional

Existing law requires the personnel commission in a school district that has adopted the merit system to classify all employees and positions that do not require certification qualifications or that are otherwise exempted. Other existing law requires the personnel commission of a community college district that has adopted the merit system to classify all employees and positions that are not in academic positions or that are otherwise exempted. All of these classified employees and positions are known as the classified service. This bill would decrease all of those 3 year time requirements to 2 years. This bill contains other existing laws.

AB 1082 Laird
Chapter 764

STRS/PERS

Existing law authorizes public agencies that contract with the Public Employees' Retirement System (PERS) for employee and annuitant health care benefits to provide those benefits to domestic partners. This bill would authorize a contracting agency, that adopted a local definition of domestic partnership prior to January 1, 2000, to provide health care benefits to those domestic partners. By expanding the eligibility for benefits, the bill would increase the contributions that are deposited into a continuously appropriated fund and, thereby, make an appropriation. This bill contains other existing laws.

AB 1097 Cogdill
Chapter 512

Attendance

Existing law requires each county unified school district that is governed by the county board of education to meet 3 specified requirements, including a minimum annual mileage requirement for home-to-school transportation that exceeds 500,000 miles, to be eligible to receive an additional annual apportionment of $350,000 for home-to-school transportation costs provided by the school district. This bill would reduce that annual home-to-school transportation mileage requirement to 350,000 miles. The bill would further restrict eligibility for the additional annual apportionment to county unified school districts that have received additional annual apportionments in the 2000-01 and 2001-02 fiscal years.

AB 1124 Nunez
Chapter 358

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. This bill would require that a priority for the use of that maintenance funding be to ensure that facilities, including, but not limited to, restroom facilities for pupils, are functional and that they meet local hygiene standards generally applicable to public facilities. This bill contains other related provisions and other existing laws.

AB 1137 Reyes
Chapter 892

Charter Schools

The Charter Schools Act of 1992 permits teachers, parents, pupils, and community members to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. This bill would specify several oversight duties of each chartering authority with respect to charter schools under their authority. The bill would require each chartering authority to identify a contact person for each charter school, annually visit each charter school, ensure that each charter school complies with specified reporting requirements, adjust the amount that may be charged for related administrative costs, and establish policies and procedures to monitor the fiscal condition of each charter school. To the extent that the bill would impose new oversight duties on an authority that had granted a charter prior to the effective date of the bill, the bill would impose a state-mandated local program. The bill would additionally require each charter school to submit various budget reports to its chartering authority and the county superintendent of schools, unless the county board of education is the chartering authority. This bill contains other related provisions and other existing laws.

AB 1151 Dymally
Chapter 847

At-Risk Students

Existing law requires a claim for personal injury against a public entity, which includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, or against an employee of a public entity, to be presented not later than 6 months after accrual of the cause of action. Existing law provides that when a claim is not filed within the 6-month period, an application for leave to present the claim within a reasonable time not to exceed one year after the accrual of the cause of action may be filed in accordance with specified provisions. This bill would provide that the time during which a minor is adjudged to be a dependent child of the juvenile court, pursuant to certain provisions of law, shall not be counted in that one-year period if the minor is without a guardian ad litem or conservator for purposes of filing civil actions. This bill contains other related provisions and other existing laws.

AB 1156 Nunez
Chapter 215

Miscellaneous

The Meyers-Milias-Brown Act authorizes a local public agency to adopt reasonable rules and regulations after consultation in good faith with representatives of an employer-employee organization or organizations for the administration of employer-employee relations under the act. This bill would revise the definition of "employee organization" for the purposes of the act to include any organization that seeks to represent employees of a public agency in their relations with that public agency. The bill would authorize a public agency to adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employer-employee organization or organizations. The bill would specify that employees of a local public agency and employee organizations may challenge a rule or regulation of a public agency as a violation of the act. This bill contains other related provisions and other existing laws.

AB 1207 Corbett
Chapter 313

STRS/PERS

Existing law requires the Controller, in consultation with the Department of Finance and the State Department of Education, to develop a plan to review and report on financial and compliance audits. Existing law requires the Controller, in consultation with the Department of Finance, the State Department of Education, a representative of the county offices of education, and representatives of the California Society of Certified Public Accountants, to recommend the statements and other information to be included in the audit reports filed with the state and to propose the content of an audit guide. Existing law requires the Controller to submit a copy of the audit guide to the Department of Finance for review, or, after July 1, 2003, to the Education Audits Appeal Panel. This bill would extend the application of these provisions in regard to the audit guide to include information relating to specified provisions of law relating to teachers' retirement. This bill contains other related provisions and other existing laws.

AB 1208 Cogdill
Chapter 822

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 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 officer has only a remote interest in the contract and other requirements are met. A remote interest is required to be publicly disclosed, and thereafter the public body may authorize, approve, or ratify the contract in question, but the officer or employee with the remote interest is disqualified from voting. This bill additionally would define as a remote interest that interest of a person who has a financial interest in a contract, if (1) the person is a board member of a special district serving a population of less than 5,000 that is a landowner voter district, as defined, that does not distribute water for any domestic use, (2) the contract is for either the maintenance or repair of the district's property or facilities, as specified, or the acquisition of property for the district, and meets specified criteria, (3) the person did not participate in the formulation of the contract on behalf of the district, and (4) at a public meeting, the governing body of the district, after review of written documentation, determines that the property acquisition or maintenance and repair services cannot otherwise be obtained at a reasonable price and that the contract is in the best interests of the district, and adopts a resolution stating why the contract is necessary and in the best interests of the district. This bill contains other related provisions.

AB 1230 Hancock
Chapter 216

Employment Issues

Existing law establishes the University of California, and provides for its administration by the Regents of the University of California. Existing law also establishes the California State University, and provides for its administration by the Trustees of the California State University. This bill would delete the provision requiring the board to conduct inquiries and investigations, or hold hearings, and authorizing the board to conduct a representation election, under these circumstances. This bill contains other related provisions and other existing laws.

AB 1241 Parra
Chapter 396

Higher Education

Existing law establishes the Registered Nurse Education Fund, consisting of specified fees, and administered by the Office of Statewide Health Planning and Development, for purposes of funding the Registered Nurse Education Program within the foundation, which provides scholarships and loans to nursing students meeting specified criteria. Under existing law, the Health Professions Education Foundation is a nonprofit public health benefit organization established to assist the office with various duties relating to the promotion of health professions education throughout the state. This bill would require the office, until January 1, 2009, to establish, by regulation, the statewide Associate Degree Nursing (A.D.N.) Scholarship Pilot Program and to allocate a portion of the funds contained in the Registered Nurse Education Fund for purposes of providing scholarships to associate degree nursing students in counties determined to have the most need based on designated criteria. Scholarship recipients would, pursuant to these provisions, be required to meet specified requirements. The bill would require the Health Professions Education Foundation to consider specified factors when selecting program recipients, and would authorize the foundation to accept private or federal funds for purposes of the pilot program.

AB 1244 Chu
Chapter 572

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. This bill would delete the eligibility requirement that a school building not have been previously modernized with state funding and would allow an additional apportionment to be made for the modernization of permanent school buildings every 25 years following the date of the previous apportionment and, in the case of portable classrooms, every 20 years after the date of the previous apportionment. The bill would require the board to require a school district to use the modernization funds it receives for a portable classroom that is eligible for a second modernization to replace the portable classroom and to certify that the existing eligible portable classroom will be removed from any classroom use unless the district is able to document that modernizing the portable classroom is a better use of public resources. The bill would prohibit the capacity and eligibility of the school district from being adjusted for replacing the portable classroom. This bill contains other existing laws.

AB 1250 Laird
Chapter 346

Staff Development

Existing law, the Instructional Time and Staff Development Reform Program authorizes the Superintendent of Public Instruction, each fiscal year, to provide each eligible school district, county office of education, and charter school with a staff development allowance for up to 3 days for each certificated classroom teacher, and for up to one day for each classified classroom instructional aide and certificated teaching assistant who participates in staff development instructional methods, including among other things, teaching strategies and other training designed to improve pupil performance. This bill would additionally authorize the allowance to be used for training designed to improve intolerance and hatred prevention.

AB 1266 Oropeza
Chapter 573

Budget Issues

Existing law requires the board of trustees of the California State Summer School for the Arts to set a tuition fee within a range that corresponds to actual costs, up to but not exceeding $1,000 per session in 1989, and authorizes the board of trustees to increase the fee up to 5% each year thereafter. This bill would require the costs, for purposes of determining the fee, to be limited to tuition, pupil recruitment expenses, faculty and instructional supplies and related equipment, pupil room and board, and security. The bill would authorize the board of trustees, to the extent that fees are not increased in any year, to increase fees in any subsequent year up to the maximum amount that would have existed if the fees had been increased by 5% in each year. The bill would require the board of trustees to report annually, by October 1, to the Governor, the Legislature, and the Department of Finance the percentages and numbers of pupils that receive scholarships, a waiver of fees, or a reduction in fees, as provided. This bill contains other related provisions and other existing laws.

AB 1309 Goldberg
Chapter 574

School Facilities

Existing law authorizes the governing board of a school district to acquire any property necessary to carry out any of the powers and functions of the board. This bill would authorize the local governing agency, as defined, to acquire property to replace existing dwelling units displaced by school construction if certain conditions are met and would require that displaced persons be given a right of first refusal to purchase or rent the replacement dwelling units.

AB 1313 Parra
Chapter 634

Employment Issues

Existing state law provides that campus law enforcement may advise the public of the presence of high-risk sex offenders in its community, as specified. Existing federal law has been interpreted to require campus law enforcement to advise the public of the presence of all sex offenders on campus. This bill would revise state law to provide that campus law enforcement, or, if the campus has no police department, local law enforcement, may release to members of the campus community information regarding the presence of sex offenders on campus, as specified. This bill would require a member of the campus community to sign a specified statement before an agency would release offender information to him or her upon his or her request and would require the agency to maintain the statement in a file in the agency's office for at least 5 years. This bill would require an agency disseminating printed information pursuant to its provisions to maintain records of the means and dates of dissemination for a minimum of 5 years. This bill would define campus police department and campus community. This bill would provide that the Department of Justice may develop a training program for the disclosure of the information. This bill contains other related provisions and other existing laws.

AB 1326 Simitian
Chapter 691

Child Care/Child Development

Existing law requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services for federal and state subsidized child care programs. This bill would authorize the County of San Mateo, as a pilot project, to develop and implement an individualized county child care subsidy plan. The bill would require the plan to ensure that child care subsidies received by the county are used to address local needs, conditions, and priorities of working families in the community. The bill would require the County of San Mateo, prior to implementing the plan, to develop a plan with specified elements, including development of local policies that may, except as specified, supersede existing law with regard to eligibility requirements, fees, reimbursement rates, and methods of maximizing use of funds. The bill would require the plan to be approved by the local child care planning council and the Child Development Division of the State Department of Education, as provided. The bill would require the Legislative Analyst and the Senate Office of Research to review the data contained in the child care subsidy plan before the plan is submitted to the local child care planning council for approval. The bill would require the County of San Mateo to submit annual reports to the Legislature, the State Department of Social Services, and the State Department of Education that summarize the success of the plan and to submit a final report to those entities on or before December 31, 2008. This bill contains other related provisions.

AB 1330 Simitian
Chapter 663

Education Programs

Existing law contains legislative findings and declarations regarding the need for an educational program that is designed to build attitudes of stewardship toward the maintenance of the quality of our environment and to enable all citizens to use resources wisely. This bill would establish the Outdoor Environmental Education Program, the purpose of which is to foster stewardship of the environment and an appreciation of the importance of the wise use of natural resources. The bill would require the State Department of Education to administer the program and, according to a priority system to be developed by the department, select applicants for participation in the program, pursuant to prescribed criteria. The bill would require the department to contract with an independent evaluator to conduct an evaluation of the program and submit a report to the Legislature no later than February 1, 2005. The bill would provide that the program and its evaluation be implemented only if the Department of Finance determines that private funds are made available for purposes of the costs of the program and its evaluation. This bill contains other related provisions.

AB 1337 Daucher
Chapter 893

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 provides that a hearing officer may not render a decision that results in the placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or in a service for an individual with exceptional needs provided by a nonpublic agency, if the school or agency has not been certified. Existing law requires a hearing officer to consider certain provisions of law relating to nonpublic, nonsectarian schools and agencies, including those relating to certification, during a due process hearing concerning an issue of placement of an individual with exceptional needs in a nonpublic, nonsectarian school or services for an individual with exceptional needs provided by a nonpublic, nonsectarian agency. This bill would prohibit a hearing officer from rendering a decision that results in the placement or reimbursement for the placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or in a service or reimbursement for a service for an individual with exceptional needs provided by a nonpublic, nonsectarian agency, unless the hearing officer issues a written finding with respect to the school district's program or program offer compliance with the law, as specified.

AB 1343 Spitzer
Chapter 768

Driver Training

Existing law authorizes the Department of Motor Vehicles to issue an instruction permit to a physically and mentally qualified person who applies for the permit, is age 15 years or over, and is enrolled in an approved driver education course and, at the same time or during the same semester, enrolled in an approved driver training course. This bill would delete the authority to issue the instruction permit under the above described circumstances. This bill contains other related provisions and other existing laws.

AB 1350 Simitian
Chapter 769

School Finance

Existing law establishes the Targeted Instructional Improvement Grant to fund the costs of any court-ordered desegregation program. This bill would find and declare that the Ravenswood City Elementary School District's fiscal emergency is due to costs incurred in complying with a court-ordered corrective action plan, and would reappropriate $1,333,740, from federal funds received by the state for the support of special education to the Superintendent of Public Instruction for the purpose of providing the Ravenswood City Elementary School District with funding for those costs. This bill contains other related provisions.

AB 1368 Kehoe
Chapter 770

School Finance

The existing State General Obligation Bond Law contains procedures for use in authorizing the issuance and sale and providing for the repayment of state general obligation bonds. Existing law also requires prescribed accountability measures to be included in local bond measures. This bill would require any state general obligation bond measure to be subject to the making, at least annually, of a specified report, by the head of the lead state agency administering the bond proceeds, to the Legislature and the Department of Finance.

AB 1411 Wolk
Chapter 21

Safe Schools

Existing law defines hazing as any method of initiation or preinitiation into a student organization or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause physical or emotional harm to any pupil in any educational institution in the state. This bill would additionally include within this definition of hazing any method of initiation or preinitiation into a student body. This bill contains other related provisions and other existing laws.

AB 1472 Goldberg
Chapter 219

Attendance

Under existing law, if local elections officials so request, the governing boards of public schools must allow schools to be used for polling places on election days. This bill would authorize governing boards to exercise the options, in response to such a request, of: (1) keeping schools used for polling places in session but identifying to the elections official the specific areas of the school buildings not occupied by school activities that will be allowed for use as polling places, (2) designating the election day for staff training and development, or (3) closing the schools to students and nonclassified employees. This bill contains other related provisions.

AB 1485 Firebaugh
Chapter 773

Accountability

Existing law establishes the Reading First Plan to provide federally funded reading instruction to pupils in kindergarten and grades 1 to 3, inclusive, and to special education pupils in any grade of elementary or secondary school. Existing law requires the Reading First Plan submitted to the federal Secretary of Education, among other things, to authorize a local educational agency that meets specified federal requirements to be eligible for federal funding if certain pupils are provided by a prescribed deadline with standards-aligned textbooks or basic instructional materials aligned with the state-adopted reading/language arts content standards. This bill would prohibit the State Department of Education and the State Board of Education from developing or implementing requirements or criteria that make a local educational agency ineligible for funding because the local educational agency provides primary language instruction and comprehensive English language development instruction to English learners in classrooms where English learners are not educated through sheltered or structured English immersion. The bill would authorize the use of primary language materials in specified cases for purposes of participation in a program funded with Reading First funds. The bill would require the State Department of Education to amend California's Reading First Plan to authorize local educational agencies operating programs in which English learners are not educated through sheltered or structural English immersion to apply for funding under the federal No Child Left Behind Act. The bill would additionally require the revised plan to specify that priority to specified federal funds be given to programs meeting certain criteria. This bill contains other related provisions and other existing laws.

AB 1512 Cohn
Chapter 580

Education Programs

Existing law, to be repealed on January 1, 2008, establishes the Local Arts Education Partnership Program to provide grants to local arts agencies, including school districts, to develop a locally based approach to the improvement of arts education in the public schools. This bill would establish the Arts Work Visual and Performing Arts Education Program, to be administered by the State Department of Education, for the purposes of awarding grants to local educational agencies to develop their capacity to implement high-quality, instructional programs based on the state adopted visual and performing arts content standards for pupils in kindergarten and grades 1 to 12, inclusive. The bill would require the Superintendent of Public Instruction to select a panel of experts that would evaluate the project proposals and select grant recipients based on specified criteria. This bill contains other existing laws.

AB 1524 Richman
Chapter 866

Child Health

Existing law authorizes the County Health Initiative Matching Fund, which is administered by the Managed Risk Medical Insurance Board in collaboration with the State Department of Health Services, to provide matching state funds and local funds received by the fund through intergovernmental transfers to a county agency, a local initiative, or a county organized health system for health insurance coverage to certain children in low-income households who do not qualify for health care benefits through the Healthy Families Program or Medi-Cal. Existing law authorizes the implementation of this fund if, among other things, federal funds are appropriated for this purpose and federal participation is approved. This bill would expand the scope of the fund's health insurance coverage to include adults who are parents of or responsible for children eligible for the Healthy Families or Medi-Cal programs and who meet specified criteria. The bill would only authorize funding for adults in a fiscal year if the funds are not needed for the children's expansion program. The bill would make conforming changes.

AB 1537 Wyland
Chapter 400

Curriculum & Instructional Materials

Under existing law, the adopted course of study for grades 7 to 12, inclusive, is required to include instruction in the social sciences, as prescribed. This bill would, instead, authorize the inclusion of instruction on World War II and the American role in that war, and would make conforming changes. The bill would make a finding and declaration that the current state-adopted academic content standards already include instruction on the Korean and Vietnam Wars in the appropriate grade level consistent with those standards, and would encourage that the instruction include personal testimony of those involved in the Korean and Vietnam Wars. This bill contains other existing laws.

AB 1548 Pavley
Chapter 665

Education Programs

Existing law establishes the Office of Integrated Environmental Education within the Integrated Waste Management Board, and requires the office to develop and implement a unified education strategy on the environment for elementary and secondary schools. This bill would repeal those provisions and, instead, establish the Office of Education and the Environment with similar duties. The bill would require the Office of Education and the Environment to report to both the Secretary for Environmental Protection and to the board. This bill contains other related provisions and other existing laws.

AB 1573 Corbett
Chapter 53

School Facilities

Existing law, until January 1, 2007, authorizes a school district governing board to enter into a design-build contract, as defined, in which factors in addition to price and cost may be considered in awarding a contract for the design and construction of a school facility that exceeds $10,000,000. This bill would require the project inspector to act under the direction of either the Director of the Department of General Services or a competent, qualified agent of the school district. This bill contains other existing laws.

AB 1575 Pavley
Chapter 40

School Finance

Existing law provides for apportionments to school districts based on average daily attendance computations. This bill would require that, notwithstanding any other law, the average daily attendance for the second principal apportionment of the 2001-02 fiscal year for the Oxnard Union High School District be computed as a specified percentage of the October 2001 California Basic Educational Data System enrollment, subject to revision by the State Department of Education, as specified. This bill contains other related provisions.

AB 1584 Committee on Public Employees, Retirement and Soci
Chapter 519

STRS/PERS

Existing law authorizes the Board of Administration of the Public Employees' Retirement System to enter into an agreement with the governing body of a contracting agency and the governing body of a city or county or, in certain counties, the board of retirement for termination of the contracting agency's participation in the Public Employees' Retirement System and inclusion of the agency's employees in the retirement system of the city or county. Existing law requires the agreement to contain provisions the board finds necessary to protect the interests of the system, as specified. This bill would authorize the board to include other provisions in that agreement to address issues related to the transfer, as specified. This bill contains other related provisions and other existing laws.

AB 1587 Committee on Public Employees, Retirement and Soci
Chapter 852

STRS/PERS

The County Employees Retirement Law of 1937 authorizes counties and districts to adopt specified retirement benefits for general members of the county's or district's retirement system and to adopt specified corresponding contribution rates or to adopt a single rate of contribution, as specified. This bill would prohibit the adoption of any retirement benefits for some, but not all, general members or for any subgroup, as specified. The bill would also authorize a county or district to adopt a single contribution rate for all persons subject to the same benefit formula after that formula is adopted. This bill contains other related provisions and other existing laws.

AB 1606 Horton, Shirley
Chapter 271

STRS/PERS

The Public Employees' Medical and Hospital Care Act authorizes specified state employees enrolled in a health benefits plan to continue their enrollment, and the enrollment of their family members, in the plan during an approved leave of absence or for up to one year after being laid off. This bill would authorize an employee of a contracting agency and his or her family members to continue their enrollment in a health benefits plan for up to one year while the employee is on military duty. This bill contains other related provisions.

AB 1631 Salinas
Chapter 904

School Facilities

Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to provide a supplemental grant for 50% of the replacement cost of a single-story building if a school district proposes to demolish the building and replace it with a multistory building on the same site, if certain conditions are met, including, but not limited to, a condition that the school is operating on a multitrack year-round education schedule. This bill would delete the condition relating to a school operating on a multitrack year-round education schedule from the requirements to qualify for the supplemental grant and would provide a method for estimating site acquisition costs savings.

AB 1649 Simitian
Chapter 584

Attendance

Existing law requires the Superintendent of Public Instruction to apportion moneys to a school district and county superintendent to fund costs associated with placing a pupil in a nonpublic, nonsectarian school or agency for the purpose of providing special education instruction, designated instruction and services, or both. Existing law also authorizes the superintendent to reimburse a school district and county superintendent for costs associated with the assessment and identification of those pupils. This bill would extend that requirement and authorization for the purpose of funding costs associated with providing services to a pupil in a skilled nursing facility, as defined, when the pupil is directly served by a school district with an average daily attendance less than 3,000. This bill contains other related provisions.

AB 1668 Salinas
Chapter 523

Child Care/Child Development

Existing law establishes the Child Care Facilities Revolving Fund in the State Treasury to provide funding for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies that provide child care and development services. This bill would specify that a school district or county office of education that provides child care pursuant to the California School Age Families Education (Cal-SAFE) Program is eligible to apply for and receive funding from the fund. This bill contains other related provisions and other existing laws.

AB 1678 McLeod, Negrete
Chapter 778

General Government

Under the existing Political Reform Act of 1974, a public official is defined to include every member, officer, employee, or consultant of a state or local government agency, as specified. Under existing law, a state administrative official, elected state officer, or designated employee of the Legislature may not make, participate in making, or use his or her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning, prospective employment. This bill would apply this prohibition to all public officials. This bill contains other related provisions and other existing laws.

AB 1683 Pavley
Chapter 403

Child Care/Child Development

Under existing law, the State Department of Social Services licenses and regulates child day care facilities in accordance with specified requirements. Willful or repeated violation of child day care facility requirements is a misdemeanor. This bill would require each licensed child day care facility to post, as specified, a copy of a licensing report pertaining to the facility that documents either a facility visit that results in a citation, as specified, or a substantiated complaint investigation, immediately upon receipt. This bill would also require the facility to post other verifying documents, as specified. It would require the report and verifying documents to remain posted for 30 consecutive days. This bill would provide that failure to comply with these posting requirements will result in an immediate civil penalty of $100. This bill contains other related provisions and other existing laws.

AB 1747 Committee on Budget
Chapter 240

Budget Issues

Under existing law, the changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services is used as the index to determine an annual rate of increase or decrease in the fees for hunting and fishing licenses, stamps, permits, and tags. This bill would include other entitlements in that index. This bill contains other related provisions and other existing laws.

AB 1754 Committee on Budget
Chapter 227

Budget Issues

Existing law, the Child Care and Development Services Act, authorizes alternative payment programs to provide payment to child care facilities with at least 75% subsidized children in prescribed circumstances, and authorizes the Superintendent of Public Instruction to adopt related regulations. This bill would prohibit the superintendent from adopting or implementing regulations for the 2003-04 fiscal year that differentiate provider reimbursement rates based upon the percentage of subsidized children receiving care in a facility. This bill contains other related provisions and other existing laws.

AB 1765 Committee on Budget
Chapter 157

Budget Issues

This bill would make appropriations for support of state government for the 2003-04 fiscal year. This bill contains other related provisions.

AB 1783 Committee on Higher Education
Chapter 457

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. Among other things, the act identifies common educational missions shared by educational institutions in California and differentiates more specific missions and functions among the various educational segments. This bill would delete the January 1, 2004, repeal date of this provision, and thereby extend this program indefinitely. The bill would also authorize a host campus to charge participating students an administration fee that may not exceed an amount sufficient for the campus to recover the full amount of the administrative costs it incurs under this program, rather than the $10 limit in existing law. This bill contains other existing laws.

ACR 10 Dymally
Chapter 105

Child Health

This measure would acknowledge the health risks that heavy backpacks pose to pupils and encourage the Superintendent of Public Instruction to inform every school district about the passage of this resolution. The measure would also encourage the Superintendent of Public Instruction, school districts, and parents and guardians to take actions necessary to avoid potential injury to pupils caused by heavy backpacks.

ACR 12 Horton, Jerome
Chapter 2

General Government

This measure would honor the late Rev. Dr. Martin Luther King, Jr., and commemorate his birthday, January 20, 2003, as Dr. Martin Luther King, Jr. Day.

ACR 13 Jackson
Chapter 4

Child Health

This measure would recognize 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 3 to 9, 2003, as California Girls and Women in Sports Week.

ACR 16 Nation
Chapter 62

Child Nutrition

This measure would urge the State Departments of Education and Health Services to develop nutritionally sound school lunch menu plans that would provide daily optional plant-centered vegetarian school lunches and would state that nutrition educational materials and instruction should include information about multicultural eating patterns and vegetarian/vegan eating patterns. The measure would also request the State Departments of Education and Health Services to make a report to the Legislature by January 1, 2008.

ACR 31 Montanez
Chapter 93

Physical Education

This measure would express the Legislature's recognition that California schools have an obligation to provide physical education to their pupils, and would urge California schools to comply with those obligations. The measure, in addition, would make several related legislative declarations.

ACR 60 Bates
Chapter 30

Charter Schools

This measure would proclaim April 28 to May 2, 2003, as Charter School Week.

ACR 62 Chan
Chapter 36

Child Health

This measure would proclaim May 7, 2003, as School Nurse Day.

ACR 66 Pavley
Chapter 138

Special Education

This measure would urge the State Board of Education to continue to delay the requirement for graduation of passage of the high school exit examination until issues are resolved regarding appropriate testing methods for pupils with disabilities. The measure would also encourage the State Department of Education to develop, and the State Board of Education to adopt, guidelines regarding the method and content of alternate assessments to the high school exit examination for pupils with disabilities who cannot participate in the examination and for whom accommodations or modifications are not appropriate.

ACR 70 Chan
Chapter 37

Child Health

This measure would proclaim the week of April 28 to May 2, 2003, to be YEAH!: Youth Eating and Acting Healthy!: Children's Fitness Week 2003.

ACR 75 Chan
Chapter 70

School Facilities

This measure would express the Legislature's recognition that poor indoor air quality in schools exacerbates asthma symptoms of California children. The measure, in addition, would urge school districts in California to implement the Indoor Air Quality Tools for Schools Program to benefit the health of the entire school population.

ACR 77 Simitian
Chapter 25

Libraries

This measure would observe the celebration of National Library Week commencing April 6, and would applaud the positive and vital impact of public libraries, librarians, and library workers, and thank them for enriching the lives of residents and helping to make our state an exceptional place to live, learn, and work.

ACR 85 Kehoe
Chapter 109

Miscellaneous

This measure would commend the Respect for All Project for recognizing the critical need for educational tools that reflect the experiences of children and families of diverse backgrounds; for creating the "Respect for All" film series to celebrate family diversity, and address prejudice, name-calling, bullying, and the formation of stereotypes among youth; for producing the first film for schoolage children that explores a wide range of family types; for offering free diversity training to all school districts within the state; and for encouraging all school districts to incorporate the "Respect for All" series into the curriculum as a way to foster schools that are safe, free of discrimination, and guarantee an equal educational opportunity for all pupils.

ACR 88 Hancock
Chapter 40

Libraries

This measure would proclaim April 2003 as Library Media Month.

ACR 91 Corbett
Chapter 31

Safe Schools

This measure would declare the month of April to be California Earthquake Preparedness Month and urge all Californians and government agencies to engage in education, evaluation of seismic hazards, mitigation, safety activities, and the exchange of information related to earthquake preparedness with other states and nations during that month.

ACR 106 Chan
Chapter 140

Child Health

This measure would recognize the importance of good visual health for California's children, and would encourage the Senate Office of Research to commission a study of the eye and vision needs of children in the State of California, including the need for regular comprehensive eye examinations by trained professionals, the need for an increase in the type and quantity of eye appliances available to children, and the need for access to affordable, quality eye and vision care.

ACR 124 Firebaugh
Chapter 144

Higher Education

This measure would express the congratulations and appreciation of the Legislature for the accomplishments of the Educational Opportunity Program (EOP) of the University of California and the California State University and Extended Opportunity Programs and Services (EOPS) of the California Community Colleges. The measure would also declare September 2003 as Educational Opportunity Programs Month.

AJR 9 Firebaugh
Chapter 95

Higher Education

This measure would memorialize the President and Congress of the United States to enact legislation to reform the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to allow states to set appropriate residency requirements and tuition policies for undocumented students.

AJR 12 Chan
Chapter 72

Child Care/Child Development

This measure would request the Congress of the United States to acknowledge the success and maintain the funding support of the Head Start program, as specified.

AJR 29 Pavley
Chapter 65

Teachers & Credentialing

This measure would request the President and the Congress of the United States to enact legislation to remove the Government Pension Offset and the Windfall Elimination Provision from the Social Security Act.

AJR 38 Firebaugh
Chapter 155

School Finance

This measure (1) would request the California congressional delegation to use the opportunities provided by this year's reauthorization of several federal formula grant programs to relieve the disparity between the amount of taxes California pays to the federal government and the amount the state receives in return in the form of federal formula grants and other federal expenditures to bring needed federal revenue to all residents of the state to support various state needs, and (2) would request the President of the United States to resume publishing the "Budget Information for States."

SB 5 Karnette
Chapter 826

Curriculum & Instructional Materials

Existing law requires the Superintendent of Public Instruction to design and implement a program that includes statewide academically rigorous content and performance standards, as specified. Existing law establishes deadlines by which the State Board of Education must adopt statewide academically rigorous content standards in the areas of reading, writing, mathematics, history/social science, science, physical education, and visual and performing arts. This bill would require the State Department of Education, on or before June 1, 2009, to adopt content standards for teaching foreign languages in kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by the Superintendent of Public Instruction. The bill would provide that these standards are intended to guide schools that offer programs of instruction in languages other than English. The bill would require these standards to support the goal of providing programs of instruction in languages other than English as early as feasible, and to include a description of the skills to be attained at each grade level and alignment of the course content with the entrance requirements of the California State University and the University of California. This bill contains other related provisions and other existing laws.

SB 15 Alpert
Chapter 587

School Facilities

Existing law provides that a school district is eligible to receive an apportionment for modernization of permanent school buildings over 25 years old or portable classrooms that are at least 20 years old and sets forth the manner in which the amount of funding a school district is eligible for is calculated. This bill would allow an additional apportionment to be made for the modernization of permanent school facilities every 25 years following the date of the previous apportionment and, in the case of portable classrooms, every 20 years after the previous apportionment is made. This bill contains other related provisions and other existing laws.

SB 25 Bowen
Chapter 907

Pupil Data/Privacy

Existing law authorizes a consumer to place a security alert in his or her credit report, as specified, and sets forth the duties of a consumer credit reporting agency with regard to a security alert. Existing law requires a consumer credit reporting agency to provide specified disclosures of a consumer's rights in connection with consumer credit reporting. This bill would, operative July 1, 2004, further provide that any person who uses a consumer credit report in connection with the approval of credit, as specified, may not lend money, extend credit, or complete the purchase, lease, or rental of goods or non-credit-related services without taking reasonable steps to verify the consumer's identity, in order to ensure that the application for an extension of credit or for the purchase, lease, or rental of goods or non-credit-related services is not the result of identity theft. This bill contains other related provisions and other existing laws.

SB 39 Perata
Chapter 14

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 Oakland Unified School District and to appoint 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 authorize the administrator, with the approval of the superintendent, to enter into agreements on behalf of the school district and to change any existing district rules, policies, or practices, as provided. The bill would require the administrator to be added by the district as an employee for certain insurance purposes. The bill would, in addition, specify that the administrator is a public school employer within the meaning of the Educational Employment Relations Act. This bill contains other related provisions and other existing laws.

SB 61 Committee on Local Government
Chapter 9

General Government

This bill would enact the First Validating Act of 2003, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. This bill contains other related provisions.

SB 65 Torlakson
Chapter 458

School District Management

Existing law prohibits the governing board of a school district from entering into a contract that grants exclusive advertising rights, or grants the right to the exclusive sale of carbonated beverages, throughout the district to a person, business, or corporation unless the governing board of the school district has adopted a policy after a public hearing to ensure that the district has internal controls in place regarding the expenditure of public funds. This bill would make those provisions applicable to any contract for the sale of carbonated beverages or nonnutritious beverages or nonnutritious food, as defined, within the school district. The bill would, in addition, prohibit a governing board from entering into or renewing that contract or authorizing a school within the district to enter into or renew that contract, unless the governing board provides to parents, guardians, pupils, and members of the public an opportunity to comment on the contract during a public hearing conducted at a regularly scheduled board meeting. The bill would require the board to clearly identify in the meeting agenda the contract to be discussed. The bill would, in addition, specify certain activities that would meet the public hearing requirements for beverage and food contracts. The bill would prohibit the contract from including a confidentiality clause, and would require the board to make the contract accessible to the public.

SB 71 Kuehl
Chapter 650

Child Health

Existing law contains various provisions relating to the instruction in the public schools on AIDS prevention, venereal disease and other sexually transmitted diseases, sex, and abstinence from sexual activity, the surrender of physical custody of a minor child 72 hours or younger, and the manner in which parents or guardians may excuse their child from this instruction. This bill would consolidate those provisions by establishing the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act. The act would, among other things, authorize school districts to provide comprehensive sexual health education, as defined, in any kindergarten to grade 12, inclusive, and to ensure that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as defined. The bill would also make conforming changes to related provisions of law and make technical, nonsubstantive changes to some of those provisions. This bill contains other related provisions.

SB 78 Torlakson
Chapter 459

Physical Education

Existing law requires the State Department of Education to encourage school districts offering instruction in kindergarten and any of grades 1 to 12, inclusive, among other things, to provide quality physical education that develops the knowledge, attitudes, skills, behavior, and motivation needed to be physically active for life, to provide extracurricular physical activity programs and clubs, and to encourage the use of school facilities for physical activity programs outside of school hours. This bill would additionally require the department to encourage those schools to provide quality physical education that develops the knowledge, attitudes, skills, behavior, and motivation needed to be physically fit for life. The bill would require the department to encourage those schools to provide extracurricular physical fitness programs and clubs, in addition to physical activity programs and clubs, and to encourage the use of school facilities for physical fitness programs, in addition to physical activity programs, outside of school hours. This bill contains other related provisions and other existing laws.

SB 81 Alpert
Chapter 896

Teachers & Credentialing

Existing law prescribes requirements for persons applying for teaching credentials, and establishes, under the administration of the Commission on Teacher Credentialing, a system for the accreditation of educator preparation programs. Existing law requires the commission to encourage postsecondary institutions to offer integrated programs of professional preparation that, among other things, enable candidates for teaching credentials to engage in professional preparation, concurrently with subject matter preparation, while completing baccalaureate degrees. This bill would require that an integrated program be designed to concurrently lead to a preliminary multiple subject or single subject teaching credential and a baccalaureate degree. This bill contains other related provisions.

SB 99 Burton
Chapter 528

Employment Issues

The California Constitution establishes the State Personnel Board and sets forth the duties of the board, including prescribing classifications. Existing law authorizes the board to conduct, supervise, and evaluate demonstration projects to determine whether a specified change in personnel management policies and procedures would improve state personnel management. In 1998, the board and the Legislative Counsel Bureau agreed to conduct a demonstration project as to information technology classifications for employees of the bureau assigned to the Legislative Data Center, a division of the bureau. This bill, notwithstanding other provisions of law, but consistent with the merit principles of Article VII of the California Constitution, would authorize the Legislative Counsel Bureau appointing authority to make certain classification changes, conduct examinations, and make appointments affecting employees assigned to the Legislative Data Center. This bill contains other existing laws.

SB 110 Margett
Chapter 233

CDE Admin/Governance

Existing law provides that a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting public works contracts may not draft bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances. Existing law authorizes a bid specification of a certain product if the awarding authority makes a finding that a particular material or service is designated by a brand or trade name, either to make a field test or to match a material or service in use on a particular public improvement. This bill would also authorize a bid specification of a certain product if the awarding authority makes a finding that a particular material or service is designated by a brand or trade name in order to obtain a necessary item that is only available from one source or to respond to a local or state declared emergency. This bill contains other related provisions.

SB 140 Denham
Chapter 529

Attendance

Existing law required any 2 school districts entering into an agreement for interdistrict attendance to give consideration to the child care needs of the pupil and required any district that entered into an agreement for interdistrict attendance to allow the pupil to remain continuously enrolled in the school district of choice, subject to certain requirements. Existing law made these provisions operative until July 1, 2003. This bill would reenact those provisions, would additionally prohibit a school district from requiring a pupil in kindergarten or any of grades 1 to 6, inclusive, attending the school pursuant to an interdistrict attendance agreement originally executed on or after the effective date of the act to reapply for interdistrict attendance in that school district, unless the pupil ceased to receive child care in the district, and would encourage a school district to allow any pupil to remain continuously enrolled in the school district of choice if the parent or guardian so chooses. This bill would extend the operative date of those provisions until July 1, 2007. This bill contains other related provisions and other existing laws.

SB 145 Alpert
Chapter 368

Special Education

Existing law provides for the various rights that extend to a parent or guardian of a special education pupil, including the right to obtain an independent educational assessment. Existing law requires, as part of the assessment plan given to parents or guardians, the parent or guardian of the pupil to be provided with a written notice that includes certain information, including the right to obtain an independent educational assessment. This bill would require that if a public education agency observed the pupil in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity applies to an independent educational assessment of the pupil in the pupil's current educational placement, and to observation of an educational placement and setting, if any, proposed by the public education agency, regardless of whether the assessment is initiated before or after the filing of a due process hearing proceeding. To the extent school districts would be required to allow schoolsite access to independent assessors, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 162 Alarcon
Chapter 853

Classified/Paraprofessional

Existing law declares that a substantial public benefit is served by providing federal tax credits or reduced interest rate mortgages to assist teachers, principals, vice principals, and assistant principals who are willing to serve in low-performing schools to purchase a home. Existing law authorizes the California Debt Limit Allocation Committee to establish the Extra Credit Teacher Home Purchase Program to provide federal mortgage credit certificates and reduced interest rate loans funded by mortgage revenue bonds to eligible teachers, principals, vice principals, and assistant principals who agree to teach or provide administration in a low-performing school. This bill would authorize the Extra Credit Teacher Home Purchase Program to additionally provide federal mortgage credit certificates and reduced interest rate loans funded by mortgage revenue bonds to classified employees in a high priority school. It would require priority for assistance to be given to eligible teachers, principals, vice principals, and assistant principals.

SB 187 Karnette
Chapter 461

Teachers & Credentialing

Existing law establishes grant funding for alternative certification programs, including district intern and intern programs. This bill would make teachers who have received their preliminary credentials through a district intern or other specified intern program ineligible to receive grant funding under an alternative certification program. This bill contains other related provisions and other existing laws.

SB 253 Cedillo
Chapter 190

Employment Issues

Under existing law, public school employees have the right to form, join, and participate in activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law excludes a confidential employee from the definition of "public school employee" or "employee." Existing law defines the term "confidential employee" to mean any employee who, in the regular course of his or her duties, has access to, or possesses information relating to, his or her employer's employer-employee relations. This bill would revise the definition of "confidential employee" to mean any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management positions. This bill contains other related provisions and other existing laws.

SB 257 Alpert
Chapter 782

Pupil Data/Privacy

Existing law requires the State Department of Education to contract for the development of proposals to provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to the Standardized Testing and Reporting Program (STAR), the English language development tests, and the high school exit exam. This bill would state the intent of the Legislature to promote good data management practices with respect to pupil data systems and issues, including ensuring confidentiality, producing analyzable files, and linking data with data from other agencies. This bill contains other related provisions and other existing laws.

SB 259 Romero
Chapter 783

Teachers & Credentialing

Existing law authorizes the governing board of a school district to approve, as compensation from the school district, the difference between the amount of a certificated employee's California National Guard or United States Military Reserve pay and the amount the employee would have received as a certificated employee of the school district, including any merit raise that would otherwise have been granted and any benefits the employee would have received during the time the employee was on active military duty as a result of the Iraq-Kuwait crisis. Existing law limits the application of those benefits to active military duty served on or after August 2, 1990. This bill would authorize the governing board of a school district or a community college district to approve this compensation for all employees who are called to active military duty, without reference to any particular conflict or crisis, and would delete the reference to August 2, 1990. This bill contains other related provisions and other existing laws.

SB 268 Soto
Chapter 855

STRS/PERS

Under the Public Employees' Retirement Law, retirement benefits are calculated in part based on years of creditable service. This bill would, subject to certain limitations, authorize members who have elected to purchase service credit on an installment basis to prospectively discontinue the payments if the member becomes disabled and the service credit purchase will not result in a higher retirement allowance than the member's disability retirement allowance. The bill would also permit the survivor of a member who was making service credit purchase payments on an installment basis, and who died with a special death benefit payable, to prospectively discontinue making payments for the member's service credit purchase, if the service credit purchase would not increase the survivor's allowance and if various conditions are satisfied. The bill would require the amount of any service credit purchase installment payments commencing after January 1, 2004, to include an actuarial adjustment, as necessary and subject to a specified limit, to take into account the bill's provisions. The bill would also make related changes to those provisions. This bill contains other related provisions and other existing laws.

SB 270 Soto
Chapter 191

STRS/PERS

Under the County Employees Retirement Law of 1937, management of a county or district retirement system is vested in the board of retirement. This bill would require that board to provide organizations that are recognized by the board as representing the retired employees of the county or district with notice and an opportunity to comment on any proposed changes to the system's retirement benefits or the uses of any excess funds of the system.

SB 271 Soto
Chapter 462

STRS/PERS

Existing law authorizes the Board of Administration of the Public Employees' Retirement System to terminate contracts with contracting agencies that fail to pay any installment of contributions, as specified, into the Public Employees' Retirement Fund, a continuously appropriated fund. This bill would provide that if a contracting agency fails to remit contributions when due, the agency may be assessed interest, costs of collection, and in the case of repeated delinquencies, certain penalties, as specified. Because those amounts would be deposited into the Public Employees' Retirement Fund, the bill would make an appropriation. This bill contains other related provisions and other existing laws.

SB 294 Soto
Chapter 629

General Government

Under existing law, the Department of Justice is required to maintain a Statewide Registry of conservators, guardians, and trustees. Conservators and guardians are required to register, except as specified. Trustees may register if they so desire, but are not required to register. Violation of certain registration provisions is a misdemeanor, punishable as specified, and violation of other registration provisions may result in civil penalties payable to the General Fund. This bill would, with certain exceptions, require trustees to register with the Statewide Registry on or before January 1, 2005, or be removed as trustee by the court; and would make conforming changes. The bill would impose a state-mandated local program by expanding the definition of a crime. This bill contains other related provisions and other existing laws.

SB 303 Torlakson
Chapter 55

School Facilities

Existing law requires the State Allocation Board to adopt regulations for determining the amount of funding and the eligibility and prioritization of funding that school districts with a financial hardship may receive from bond acts for construction, modernization, or relocation assistance. The regulations require consideration of various factors, including whether the school district has current outstanding bonded indebtedness, on which it is paying debt service, of at least 60% of its total bonding capacity. This bill would revise that factor to specify the purpose of that outstanding indebtedness. This bill contains other related provisions and other existing laws.

SB 338 Scott
Chapter 786

Attendance 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. This bill would require those courses to meet several additional criteria in order for the community college district to include the students in the district's report of full-time equivalent students. This bill contains other related provisions and other existing laws.

SB 352 Escutia
Chapter 668

School Facilities

Existing law sets forth various requirements regarding the siting, structural integrity, safety, and fitness-for-occupancy of school buildings, including, but not limited to, a prohibition of the approval by the governing board of a school district of the acquisition of a schoolsite by a school district, unless prescribed conditions relating to possible exposure to hazardous substances are satisfied, and a prohibition on the approval of a related environmental impact report or negative declaration. This bill would, in addition, prohibit the approval by the governing board of a school district of a schoolsite that is within 500 feet from the edge of the closest traffic lane of a freeway or other busy traffic corridor, unless prescribed conditions are met and would make conforming and other technical, nonsubstantive changes. This bill contains other related provisions and other existing laws.

SB 359 Figueroa
Chapter 595

Higher Education

Existing law provides that it is grounds for disciplinary action, including suspension or revocation of a license or certificate, for health care professionals to engage in various fraudulent activities such as presenting a false insurance claim. This bill would require various medical services boards to convene disciplinary hearings to suspend, revoke, or take other action regarding a license or certificate if the licensee or certificate holder has been convicted of any felony involving fraud committed in conjunction with providing benefits covered by worker's compensation insurance. This bill contains other related provisions.

SB 434 Escutia
Chapter 876

CDE Admin/Governance

Existing law, the Corporate Securities Law of 1968 and the California Commodity Law of 1990, authorize the Commissioner of Corporations to bring an action or conduct a public or private investigation when it appears any person has violated or is about to violate these laws. Existing law authorizes the commissioner to refer any evidence showing a violation of these laws to the appropriate district attorney for possible prosecution. Existing law requires the commissioner to bring a civil action in superior court to recover a civil fine imposed against a person for violation of these laws. This bill would additionally authorize the Attorney General to bring an action or conduct an investigation when it appears any person has violated or is about to violate these laws. The bill would also authorize the Attorney General to bring a civil action in superior court to recover a civil fine imposed against a person for violation of these laws. Because the bill would make specified activities associated with investigations under these laws a crime, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 436 Soto
Chapter 751

STRS/PERS

The Public Employees' Medical and Hospital Care Act permits the Board of Administration of the Public Employees' Retirement System to enter into contracts with specified entities offering health benefits plans or related administrative services, not to exceed 3 years. This bill would eliminate the 3-year limitation on these contracts. This bill contains other related provisions and other existing laws.

SB 439 Committee on Public Employment and Retirement
Chapter 617

Employment Issues

Existing law provides that if any provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions that require the expenditure of funds of addenda to memoranda of understanding entered into between the state employer and State Bargaining Units 5 and 8, and would provide that the provisions of any addendum to a memorandum of understanding that require the expenditure of funds shall become effective even if the provisions of the addendum are approved by the Legislature in legislation other than the annual Budget Act. This bill contains other related provisions and other existing laws.

SB 440 Burton
Chapter 877

Employment Issues

Existing law provides that if an impasse has been declared after the representatives of an employing county, city, city and county, special district, or other political subdivision of the state and representatives of firefighters or law enforcement officers have exhausted their mutual efforts to reach agreement over economic issues as defined within the scope of arbitration and the parties are unable to agree to the appointment of a mediator or the mediator is unable to effect a settlement, the employee organization may request, by written notification to the employer, that their differences be submitted to an arbitration panel, as specified. Existing law provides that after specified procedures are followed the arbitration panel's decision is binding upon the parties. Existing law also provides that these provisions do not apply to an employer that is a city, county, or city and county governed by a charter that was amended prior to January 1, 2001, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and neutral 3rd party for final and binding determination. The California Supreme Court has held that law unconstitutional in County of Riverside v. Superior Court. This bill would instead provide that the governing body of the employer agency may, by unanimous vote, reject the decision of the arbitration panel, except as specifically provided to the contrary in a city, county, or city and county charter with respect to the rejection of an arbitration award. This bill would also provide that these provisions do not apply to a city, county, or city and county employer governed by a charter for that respective entity that was amended prior to January 1, 2004, to incorporate such a procedure.

SB 464 Murray
Chapter 413

Special Education

Existing law requires a school district, special education local plan area, or county office of education to conduct meetings, through an individualized education program team, as specified, for the purposes of developing, reviewing, and revising the individualized education program of an individual with exceptional needs. Existing law also provides for the placement in foster care of minors who are declared dependent children of the court or wards of the court by a juvenile court. This bill would require a school district, special education local plan area, or county office of education to invite to the individualized education program team meetings a representative of the group home in those cases in which a pupil with exceptional needs has been placed in a group home by a juvenile court, as specified. To the extent local educational agencies would be required to perform additional duties, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 469 Scott
Chapter 898

Curriculum & Instructional Materials

Existing law establishes the Instructional Materials Funding Realignment Program to provide funding for instructional materials to school districts on the basis of an equal amount per pupil enrolled in public elementary and high schools. Existing law provides that if any funds received pursuant to the program remain after providing each pupil with a standards-aligned textbook or basic instructional materials in core curriculum areas, and if the local governing board has met certain eligibility requirements, the remaining funds may only be used for certain purposes related to instructional materials. This bill would authorize a school district to use its allowance from the fund to purchase adopted instructional materials for the visual and performing arts, foreign language, health, or any other curricular area if it certifies that it has provided each pupil with a standards-aligned textbook or basic instructional materials in reading/language arts, mathematics, history/social science, and science. This bill contains other related provisions.

SB 487 Torlakson
Chapter 123

School District Management

Under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, when any district to which annexation of territory is proposed has adopted and transmitted to the local agency formation commission a resolution requesting termination of proceedings within a prescribed time period, the commission is required to terminate the proceedings. This bill instead would require the commission to terminate the proceedings after consideration of the district's resolution, which shall be based upon written findings supported by substantial evidence in the record that the request is justified by financial or service concerns, as defined. The bill would make the district's resolution subject to judicial review.

SB 507 Escutia
Chapter 669

Curriculum & Instructional Materials

This bill would delete the January 1, 2005 repeal date, and instead provide that those provisions shall remain in effect only until January 1, 2008.

SB 591 Scott
Chapter 812

At-Risk Students

Existing law prescribes various proceedings with respect to children who are removed from their parents' custody and placed in foster care or kinship care with a caregiver. This bill would require that the study or evaluation, and the information received in evidence by the court, include the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. This bill contains other related provisions and other existing laws.

SB 600 Committee on Judiciary
Chapter 62

Omnibus NCLB

Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes. This bill would make technical, nonsubstantive changes in various provisions of law to effectuate the recommendations made by the Legislative Counsel to the Legislature.

SB 611 Ducheny
Chapter 857

Staff Development

Existing law provides for the establishment and maintenance of 6 subject matter projects by the Regents of the University of California with the approval of the Concurrence Committee. Existing law provides that these subject matter projects are to create opportunities for researchers, higher education faculty, and elementary and secondary school faculty to work together to identify exemplary teaching practices, examine and develop research on learning, knowledge, and educational materials and to provide support to teachers to develop and enhance content knowledge and pedagogical skills. Under existing law, these subject matter projects are evaluated, at least in part, on the basis of pupils' performance as measured in the light of statewide academic standards and statewide tests. This bill would amend this provision to include the provision of instructional strategies for working with English learners as a purpose of the projects. The bill would also include English language development assessments and standards for English language learners in the evaluation of the subject matter projects. The bill would provide that these projects are designed to develop and enhance teachers' subject and content knowledge, and would further provide that an evaluation of the projects document the impact of participation in the program. The bill would make revisions to the composition of the Concurrence Committee, and would make related findings and declarations. The bill would make other technical nonsubstantive changes.

SB 627 Committee on Public Employment and Retirement
Chapter 859

STRS/PERS

The Teachers' Retirement Law prescribes the rights and benefits of members of the State Teachers' Retirement Plan. This bill would make technical, nonsubstantive changes to various provisions of that law. This bill contains other related provisions and other existing laws.

SB 644 Burton
Chapter 860

NCLB

Existing law establishes the Board of Governors of the California Community Colleges, which consists of 13 members appointed by the Governor with the advice and consent of 2/3 of the membership of the Senate, one voting and one nonvoting community college student appointed by the Governor, and 2 tenured community college faculty members appointed by the Governor. This bill would revise the membership of the board of governors so that it would include 12 members appointed by the Governor with the advice and consent of 2/3 of the membership of the Senate. The bill would add to the board of governors one classified employee member, who would be appointed by the Governor for a 2-year term. The bill would require the Governor to appoint the classified employee member from a list of at least 3 persons furnished by the exclusive representatives of classified employees of the California Community Colleges. This bill contains other related provisions and other existing laws.

SB 660 Speier
Chapter 154

CDE Admin/Governance

Existing law governs the management and preservation of trial court records and recognizes that court records are generally public records, unless a specific exception applies. This bill would establish procedures for keeping the social security numbers of persons involved in specified dissolution matters in the confidential portion of court files. The bill would require specified Judicial Council forms to contain a notice informing parties of their right to redact any social security number that was placed in a confidential portion of the court file from other materials filed with the court. The bill would also make related changes.

SB 674 Aanestad
Chapter 237

School Finance

Existing law authorizes the Pacific Unified School District and the Leggett Valley Unified 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 Reeds Creek Elementary School District to operate one or more schools in the district on a 4-day school week. This bill contains other related provisions.

SB 677 Ortiz
Chapter 415

Child Nutrition

Existing law prohibits the sale of certain beverages at elementary schools regardless of the time of day and restricts the sale of certain food items on those campuses during specified times. Existing law further prohibits the sale of carbonated beverages in middle schools from1/2 hour before the start of the schoolday until after the end of the last lunch period. Existing law makes those provisions operative on January 1, 2004, if funding is appropriated for specified nutrition purposes on or before that date. This bill would instead make those restrictions on the sale of food items operative if funding is appropriated for those specified nutritional purposes regardless of the date on which the appropriation is made. This bill contains other related provisions.

SB 680 McPherson
Chapter 795

Higher Education

Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act, establishes the Cal Grant A and B entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. This bill would require the Student Aid Commission to convene an existing advisory committee to review the existing formula for calculating high school grade point averages under the act. The bill would require the commission to report the findings and recommendations of this committee to the Legislature as part of a report that is currently required to be submitted to the Legislature, prior to December 31, 2004. The bill would also require the commission to review the issue of whether the act provides adequate resources for nontraditional, returning, and older adult students, and to report its findings and recommendations to the Legislature as part of the same report required above, prior to December 31, 2004. This bill contains other existing laws.

SB 712 Alpert
Chapter 416

Master Plan

Existing law establishes the California Quality Education Commission for the purpose of developing, evaluating, validating, and refining a Quality Education Model for prekindergarten through grade 12, inclusive. Under existing law, the commission is required to develop complete descriptions of prototype schools, at least one for each of the 3 levels of elementary and secondary education, to form models that fairly capture the diversity of public schools in California. This bill would additionally require the commission to determine an adequate base funding amount for each of the 3 prototype schools and to recommend funding adjustments to allow schools that meet certain criteria to receive additional funding beyond the base funding amount. The bill would limit the funding adjustments to a district characteristic adjustment and a pupil characteristic adjustment, as specified. The bill would also require the commission to establish a category of grants to be known as initiatives that would be limited in duration and serve one of 2 specified purposes. This bill contains other related provisions and other existing laws.

SB 719 Kuehl
Chapter 828

Safe Schools

Existing law establishes the Interagency School Demonstration Act of 1985 (1985 School Safety Act) with the purpose of supporting state public schools as they develop their comprehensive safety plans. The 1985 School Safety Act establishes the School/Law Enforcement Partnership and requires the partnership to sponsor biennial regional conferences to identify programs and techniques that have been effectively utilized to reduce school crime. Existing law establishes an Interagency School Safety Cadre to facilitate interagency coordination and collaboration among specified agencies and provide training to the cadre representatives in enabling them to initiate and maintain safety programs. Existing law requires the partnership to evaluate and report to the Legislature on the effectiveness of the programs implemented pursuant to the 1985 School Safety Act. This bill would recast and renumber these provisions. This bill contains other related provisions and other existing laws.

SB 728 Scott
Chapter 339

Higher Education

Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act, establishes the Cal Grant A and B entitlement programs, the California Community College Transfer Cal Grant Entitlement Program, and the Competitive Cal Grant A and B awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs. This bill would provide that any applicant who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level requirements established by the act. The bill would require that, prior to disbursing any Cal Grant funds, a qualifying institution participating in the Cal Grant programs resolve any conflicts that may exist in the data the institution possesses relating to that individual. This bill contains other existing laws.

SB 763 Brulte
Chapter 798

School Facilities

Existing law authorizes the governing board of a school district to acquire a site for a school building if the county committee on school district reorganization has received a petition for acquisition of the site and reports its recommendations, within 60 days, to the affected governing boards and county superintendents of schools. This bill would instead authorize the governing board of a school district to acquire a site for a school building if the petition requesting the acquisition is approved by a majority of the members of the governing board of the acquiring school district and filed with the county superintendent of schools in charge of that district, as provided, and the county committee on school district organization has approved the petition, as specified. By requiring the county committee on school district reorganization to consider the petition for acquisition, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 777 Escutia
Chapter 484

Employment Issues

Existing law prohibits employers from making, adopting, or enforcing a policy that prevents an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a state or federal regulation to a government or law enforcement agency, or from retaliating against an employee who makes a disclosure. It makes a violation punishable as a misdemeanor. This bill would extend these protections to employees who report a violation of a state or federal rule, who refuse to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation, or who exercised these rights in former employment. This bill would prohibit an employer from retaliating against an employee for exercising any of these rights, including those provided under existing law, would add an additional civil penalty for violations, and would establish the evidentiary burdens of the parties participating in a civil action or administrative hearing involving an alleged violation of the bill's provisions. This bill would establish a "whistleblower hotline" within the office of the Attorney General to receive telephone reports of violations of state or federal statutes, rules, or regulations, or fiduciary responsibilities, by an employer. The bill would require the Attorney General to refer calls received on this hotline to the appropriate government authority, as specified. This bill contains other related provisions and other existing laws.

SB 796 Dunn
Chapter 906

Employment Issues

Under existing law, the Labor and Workforce Development Agency and its departments, divisions, commissions, boards, agencies, or employees may assess and collect penalties for violations of the Labor Code. This bill would allow aggrieved employees to bring civil actions to recover these penalties, if the agency or its departments, divisions, commissions, boards, agencies, or employees do not do so. The penalties collected in these actions would be distributed 50% to the General Fund, 25% to the agency for education, to be available for expenditure upon appropriation by the Legislature, and 25% to the aggrieved employee, except that if the person does not employ one or more persons, the penalties would be distributed 50% to the General Fund and 50% to the agency. In addition, the aggrieved employee would be authorized to recover attorney's fees and costs and, in some cases, penalties. For any violation of the code for which no civil penalty is otherwise established, the bill would establish a civil penalty, but no penalty is established for any failure to act by the Labor and Workplace Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees. This bill contains other related provisions and other existing laws.

SB 801 Vasconcellos
Chapter 418

Pupil Data/Privacy

Existing law, commencing in the 2005-06 school year, prohibits a school district, when calculating a pupil's grade point average, from assigning extra grade weighting to a course that covers a subject required for admission to the University of California or the California State University, unless the University of California approves the course for extra grade weighting. This bill would repeal this provision.

SB 826 Ashburn
Chapter 600

School Finance

Existing law requires the county superintendent of schools to make certain computations for each necessary small school of school districts with fewer than 2,501 units of average daily attendance, as specified. This bill would, until July 1, 2008, deem Hot Springs Elementary School, which is within the Hot Springs Elementary School District, a necessary small school. The bill would, instead of the necessary small school apportionment, apportion $50,000 to the Hot Springs Elementary School District in addition to the amount per unit of average daily attendance received by the district and calculated as specified if the school does not exceed 28 units of average daily attendance in any fiscal year. This bill contains other related provisions.

SB 842 Karnette
Chapter 800

Curriculum & Instructional Materials

Existing law provides for the adoption and selection of quality instructional materials for use in elementary and secondary schools, and imposes requirements upon publishers and manufacturers of instructional materials. This bill would require publishers to make basic instructional materials more accessible to pupils with disabilities, as specified. The bill would require publishers to facilitate access to Internet resources and digital multimedia programs intended for use by the general population of pupils by pupils with disabilities who are progressing in the general curriculum, as specified.

SB 875 Escutia
Chapter 879

Child Nutrition

Existing law requires the State Department of Health Services to maintain a program of maternal and child health. Existing law requires the department to investigate and disseminate educational information relating to conditions affecting the health of the children of the state. This bill would require the department to develop or obtain a brochure to educate pregnant women and new parents about issues related to maintaining a healthy lifestyle and preventing chronic diseases in pregnant women, new mothers, and young children. The bill would require the department to include the brochure on the department's Web site. The bill would also require that the brochure be distributed by the department to each individual who contacts the BabyCal program and receives certain information and by a provider to each participant in the Access for Infants and Mothers (AIM) program, as prescribed. The bill would provide that it shall only be implemented if, and to the extent that, federal or private funds, or both, are available for that purpose. This bill contains other related provisions.

SB 892 Murray
Chapter 909

School Facilities

Existing law exempts public and private schools from provisions relating to the sufficiency of public facility restrooms, and provides for the maintenance and repair of public school facilities by school districts. This bill would, with certain exceptions, require every public and private school to have restroom facilities that are open as prescribed during school hours, and at all times to keep every restroom maintained and cleaned regularly, fully operational, and stocked with soap and paper supplies. This bill contains other related provisions.

SB 964 Burton
Chapter 803

Assessment & Standards

Existing law requires, commencing with the 2003-04 school year, each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school. This bill would require the Superintendent of Public Instruction to develop, and the State Board of Education to approve, by January 31, 2004, a request for a proposal for an independent consultant to assess options and provide recommendations for alternatives to the high school exit examination for pupils with disabilities to be eligible for a high school diploma. The bill would require the independent consultant to be selected by a selection panel established by this bill by April 30, 2004. The bill would require the superintendent to establish, by April 30, 2004, an advisory panel, composed of members with prescribed qualifications for the purpose of advising the independent consultant. The bill would require the independent consultant to provide the advisory panel with a preliminary report and to prepare and disseminate a final report by May 1, 2005. The bill would authorize the superintendent, upon approval of an expenditure plan by the Department of Finance and the Joint Legislative Budget Committee, to provide funds for the purposes of implementing the recommendations of the independent consultant. This bill contains other related provisions.

SB 967 Burton
Chapter 340

Higher Education

Existing law, known as the Private Postsecondary and Vocational Education Reform Act of 1989, generally sets minimum standards of instructional quality, ethical and business practices, health and safety, and fiscal responsibility for private postsecondary and vocational educational institutions, as defined. The act excludes from the definition of private postsecondary educational institutions subject to regulation under its provisions for-profit institutions accredited by the Accrediting Commission for Senior Colleges and Universities or the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges (WASC), if the institution exclusively confers degrees upon the completion of a course of study of 2 or more years. The act establishes the Bureau for Private Postsecondary and Vocational Education, which, among other things, is required to review and investigate all institutions, programs, and courses of instruction approved under the act. Numerous terms are defined for the purposes of the act. This bill would modify that definitional exclusion to exclude all for-profit institutions accredited by WASC. This bill contains other related provisions.

SB 970 Ortiz
Chapter 470

Safe Schools

Existing law generally makes the Attorney General responsible for the security of criminal offender record information. This bill would require the Attorney General to establish an electronic communication network to facilitate the transmission of requests from specified entities in California for criminal offender record information for employment, licensing, certification, custodial child placement, or adoption purposes, as specified. In addition, the bill would require, as of July 1, 2005, that the Department of Justice only accept criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes if it was transmitted electronically from a department approved entity, except as specified.

SB 973 Machado
Chapter 717

General Government

Under existing law, the Department of General Services has various duties relating to state property. This bill would authorize the department to enter into an agreement with federal authorities to sell, lease, or exchange land at the Northern California Women's Facility, which is a correctional institution under the jurisdiction of the Department of Corrections, under conditions that are in the best interest of the state, as specified.

SB 1009 Alpert
Chapter 718

CDE Admin/Governance

The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. This bill would, except under specified circumstances, prohibit the state from contracting with a vendor, contractor, or an affiliate of a vendor or contractor that does not possess a seller's permit or a certificate of registration. This bill contains other related provisions and other existing laws.

SB 1024 Committee on Elections and Reapportionment
Chapter 811

Governance

Existing law requires an election for the purpose of filling a vacancy in the governing board of a school district to be held not less than 130 days after the occurrence of the vacancy or after a resignation is filed with the county superintendent of schools. This bill would impose a state-mandated local program as it would, instead, require the election to be held not less than 130 days after the order of the election. This bill contains other related provisions and other existing laws.

SB 1058 Torlakson
Chapter 806

Instructional Materials

Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. Existing law further requires the state board to ensure that curriculum frameworks are reviewed and adopted in each subject area consistent with specified submission cycles. This bill would, until January 1, 2007, require the State Department of Education, prior to conducting a followup adoption, to notify all publishers and manufacturers known to produce basic instructional materials in that subject, that a fee will be assessed based on the number of programs the publisher or manufacturer indicates will be submitted. The bill would prohibit a review of a submission until the fee is paid in full. The bill would continuously appropriate to the department the revenue derived from this fee and would make the revenue available to the department from year to year until expended. This bill contains other related provisions and other existing laws.

SB 1068 Committee on Local Government
Chapter 126

School Finance

Existing law requires the Controller to annually compile and publish reports of the financial transactions of each county, city, and school district within the state, together with other matters he or she deems of public interest. This bill would, effective January 1, 2005, require the Controller, on or before August 1, September 1, and October 1 of each year following the end of the annual reporting period to compile and publish reports of the financial transactions of each county, city, school district, and special district, as specified, and to make data collected pursuant to these provisions available upon request to the Legislature and its agents, on or before April 1 of each year.

SB 1070 Chesbro
Chapter 6

Budget Issues

The Budget Act of 2002 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 2002 also appropriated specified amounts for loans to state agencies for contingencies or emergencies. This bill would appropriate $141,132,000, as scheduled, in augmentation of these Budget Act appropriations. 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.

SBX1 18 Chesbro
Chapter 4

Urgency Clause Adopted

School Finance

Existing law requires the State Board of Education to adopt standards and criteria to be used by local educational agencies in the development of annual budgets and the management of subsequent expenditures from that budget. Existing law requires those standards and criteria to include comparisons and reviews of reserves and fund balances. This bill would, notwithstanding any law, authorize a local educational agency to count any amount of state funding deferred from the current fiscal year and appropriated from a subsequent fiscal year for payment of current year costs as a receivable in the current year. The bill would, notwithstanding any law and for the 2002-03 fiscal year only, authorize a local educational agency to use for purposes determined by its governing body up to 50% of its reserves for economic uncertainties and up to 50% of the balances, as of July 1, 2002, of restricted accounts in its General Fund, excluding restricted reserves committed for capital outlay, bond funds, sinking funds, and federal funds. The bill would state the intent of the Legislature that local educational agencies use this flexibility for certain purposes and make every effort to maintain a prudent expenditure plan that ensures solvency for the 2002-03 fiscal year and in subsequent fiscal years. This bill contains other related provisions and other existing laws.

SBX1 19 Chesbro
Chapter 3

Budget Issues

The Budget Act of 2002 (Chapter 379 of the Statutes of 2002), makes appropriations for the support of state government during the 2002-03 fiscal year. This bill would amend the Budget Act of 2002 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.

SBX1 20 Committee on Budget and Fiscal Review
Chapter 6

STRS/PERS

Under the Teachers' Retirement Law, a continuous appropriation equal to 2.5% of total creditable compensation, as specified, is made from the General Fund for transfer to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund to fund purchase power protection payments to retired members of the Defined Benefit Program of the State Teachers' Retirement System. This bill would decrease that appropriation by $500,000,000 for the 2003-04 fiscal year. The bill would require the Teachers' Retirement Board, beginning in 2006 and every 4 years thereafter, to report to the Legislature and the Director of Finance regarding the ability of the retirement system to pay purchase power protection payments in each fiscal year until 2036 and would appropriate funds, as determined by the actuary and certified by the Director of Finance, as necessary to enable the system to make those payments, as specified, until June 30, 2036. The aggregate amount of funds to be appropriated for these purposes would be limited to $500,000,000, adjusted as specified. The bill would make related legislative findings. This bill contains other related provisions.

SBX1 22 Committee on Budget and Fiscal Review
Chapter 12

School Finance

Under existing law, there is continuously appropriated without regard to fiscal years, from the General Fund for purposes relating to public finance, an amount that will equal the sum annually as will be necessary to pay all obligations, including principal, interest, fees, costs, indemnities, and all other amounts incurred by the state under or in connection with any credit enhancement or liquidity agreement entered into by the state. This bill would make that provision applicable to specified costs related to bonds payable pursuant to an appropriation from the General Fund, and would prescribe the extent to which fees, costs, and other expenses may be incurred for that purpose. This bill contains other related provisions and other existing laws.

SBX1 24 Committee on Budget and Fiscal Review
Chapter 7

Budget Issues

Existing law requires the Department of Child Support Services to pay to each county a child support incentive payment to encourage child support enforcement efforts. Existing law requires the department to pay an additional incentive, from specified county collections, to the counties with the 10 best performance standards in certain child support-related activities. Existing law suspends the operation of the provision requiring payment of this additional incentive for the 2002-03 fiscal year. This bill would further suspend the operation of the provision requiring payment of the additional incentive for the 2003-04, 2004-05, and 2005-06 fiscal years. This bill contains other related provisions and other existing laws.

SBX1 25 Committee on Budget and Fiscal Review
Chapter 8

Budget Issues

The California Emergency Services Act requires, with specified exceptions, local governmental organizations, utilities, or other owners of dams, to prepare and submit to the Office of Emergency Services inundation maps showing the areas of potential flooding in the event of sudden or total failure of any dam, the partial or total failure of which the office determines, after consultation with the Department of Water Resources, would result in death or personal injury. Based on a review of the maps or, under certain circumstances, on information gained by an onsite inspection and consultation with the affected local jurisdiction, the office is required to designate areas within which death or personal injury would, in its determination, result from the partial or total failure of a dam. The appropriate public safety agencies of the local jurisdictions are required to adopt emergency procedures for the evacuation and control of populated areas below those dams, subject to review by the office. This bill would repeal these provisions, and make various conforming changes. This bill contains other related provisions and other existing laws.

SBX1 26 Committee on Budget and Fiscal Review
Chapter 9

Budget Issues

Existing law provides that an appropriation is available for encumbrance during the period specified therein, or, if not otherwise limited by law, for 3 years after the date upon which it first became available for encumbrance. Subdivision (a) of Section 2.00 of the Budget Act of 2002 provides that appropriations in the act, unless otherwise provided, are appropriated for the use and support of the state for the 2002-03 fiscal year. This bill, commencing with the 2003-04 fiscal year, would require that the amount appropriated to the department for the prostate cancer treatment program be made available for that program, for encumbrance for one fiscal year beyond the year of appropriation, and for expenditure for 2 fiscal years beyond the year of encumbrance, thereby making an appropriation. This bill contains other related provisions and other existing laws.

SBX1 28 Committee on Budget and Fiscal Review
Chapter 10

Budget Issues

Existing law establishes the Teacher Recruitment Initiative Program, administered by the Sacramento County Office of Education, to award grants on a competitive basis to consortia to operate regional recruitment centers that focus on recruiting teachers to low-performing schools, especially those with a teaching staff that has more than 20% emergency permitholders. This bill would repeal these provisions. This bill contains other related provisions and other existing laws.

SBX1 29 Committee on Budget and Fiscal Review
Chapter 11

Budget Issues

Under existing law, the state is required to make specified contributions to the Public Employees' Retirement Fund, the Teachers' Retirement Fund, and other public retirement funds. This bill would enact the California Pension Obligation Financing Act, that would authorize the issuance of bonds and the creation of ancillary obligations, as defined, for the purpose of funding or refunding the state's pension obligations, as specified. The bill would continuously appropriate from the General Fund without regard to fiscal years the amount necessary to pay the principal and interest on the bonds and other obligations incurred in connection with the bonds, subject to certain limits. The bill would also authorize the Pension Obligation Bond Committee, as established by the bill, to bring an action to determine the validity of the bonds issued pursuant to the act. The act would become inoperative on June 30, 2009, and would be repealed on January 1, 2010. This bill contains other related provisions.

SCR 5 Scott
Chapter 124

Curriculum & Instructional Materials

This measure would declare the Legislature's acknowledgment and support of standards-based instruction in the visual and performing arts in all California public schools, prekindergarten through grade 12, inclusive.

SCR 8 Battin
Chapter 21

Miscellaneous

This measure would acknowledge the month of April 2003, as Child Abuse Prevention Month, and encourage the people of the State of California to support child abuse prevention activities in their communities and schools.

SCR 18 Torlakson
Chapter 49

Physical Education

This measure would proclaim the month of May 2003 as California Fitness Month, and would encourage all Californians to enrich their lives through proper diet and exercise.

SCR 27 Speier
Chapter 67

Physical Education

This measure would encourage state and local governments and local educational agencies to provide high-quality daily physical education programs for all children in kindergarten and grades 1 to 12, inclusive.

SCRX1 2 Burton
Chapter 1

Budget Issues

This measure would provide that the 2003-04 First Extraordinary Session of the Legislature shall stand adjourned sine die at midnight on the date that this measure has been adopted by both houses of the Legislature.

SJR 1 Poochigian
Chapter 18

Curriculum & Instructional Materials

This measure would designate April 24, 2003, as the "California Day of Remembrance for the Armenian Genocide of 1915-1923." It would memorialize the Congress of the United States to act likewise to commemorate the Armenian Genocide.

SJR 11 Alpert
Chapter 68

Special Education

This measure would memorialize the President and 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.

 

Questions:   Legislative Affairs | 916-319-0821
Download Free Readers