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2006 Vetoed Education Legislation


Bill Number (Author)
Topic/Summary

Governor’s Veto Message

AB 252 (Dymally)

Digital Arts Studio Partnership Program Act.
Existing law generally provides for various youth development programs in the state. This bill, until January 1, 2011, would establish the Digital Arts Studio Partnership Program (DASP) to train youth in digital technology skills. It would require the program to be administered by the Lieutenant Governor's office according to specified criteria and subject to the availability of funding for that purpose. It would require the office, as the host agency for the program, to contract with a nonprofit corporation meeting prescribed criteria to implement the program in partnership with participating regional DASP organizations, as defined, to convene a DASP Statewide Advisory Panel to perform various duties with regard to the program, and to report annually to specified entities on the progress of the program.

To the Members of the California State Assembly:

I am returning Assembly Bill 252 without my signature.

This bill would create a Digital Arts Studio Partnership Program to be administered by the Lieutenant Governor's Office.

While I support the idea of public schools and community colleges training youth in digital technology skills or partnering with other entities to do so, I am concerned that this bill would create an unnecessary and burdensome administrative structure, including a 20 member advisory panel. Moreover, the Lieutenant Governor's Office would not be an appropriate agency to administer the program. In order to encourage a more effective and appropriate means to support and expand public and private partnerships in digital media arts for training youth in our state, I am directing my Administration to coordinate this effort in the coming year.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 264 (Chan)

Health care service plans: pediatric asthma.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the regulation and licensure of health care service plans by the Department of Managed Health Care and makes a willful violation of the act's requirements a crime. Under the act, a health care service plan contract that covers prescription drug benefits is required to provide coverage for specified equipment and supplies for the treatment of pediatric asthma. This bill would require a health care service plan contract, as specified, to include coverage for outpatient training and education necessary to use the medications and devices prescribed for the treatment of pediatric asthma. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning AB 264 without my signature as the bill is unnecessary. Existing law and regulations already require health plans to provide coverage for the treatment of asthma as well as effective health education services which include information regarding personal health behavior and health care. Health plans are already providing health education services to members who have pediatric asthma enrollees so another health care mandate is not needed.

Preventing and treating asthma has been an important priority for my Administration. In 2004, I signed AB 2185 (Frommer) to increase the availability and accessibility of essential medical equipment for children with asthma. I provided state funding through my 2005-06 and 2006-07 budgets to launch an expanded state effort to increase and improve California's response to asthma through local projects that work to improve the quality of clinical care, reduce asthma morbidity, and reduce/eliminate asthma health disparities for California children aged 0-18 years with asthma. My Administration has also worked to prevent and treat asthma through legislative and budget efforts to reduce air pollution, coordinating implementation of the states strategic plan for asthma, and Medi-Cal requirements that health plans to provide organized programs, services, functions, and resources necessary to deliver asthma self-management education and training programs for enrollees.

I believe imposing a new mandate on health plans at this time will contribute to rising health care costs making health coverage more expensive and inaccessible to uninsured Californians. The cost of health care is rising at an alarming rate - not just in California but across the nation. I am concerned that without fundamental changes in the system, insurance coverage will become even less affordable for workers and employers. This is why I want to see a new health care paradigm that addresses affordability, shared responsibility and the promotion of healthy living. With my partners in the Legislature, I look forward in 2007 to working to develop a comprehensive and systemic approach to health care that supports cost containment, recognizes the shared responsibility of individuals, employers and government.

Sincerely,

Arnold Schwarzenegger

AB 358 (Liu)

Student financial aid: Cal Grant Program.
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 express legislative intent that the maximum grant for tuition and fees for Cal Grant recipients at independent and other nonpublic institutions be set and adjusted annually to equal 90% of the estimated General Fund cost of educating a student at the public 4-year institutions. To implement this legislative intent, the bill would require the "estimated General Fund cost" to be defined as the weighted average of the General Fund component of the marginal cost at the University of California and the California State University, as determined jointly by the Department of Finance and the Legislative Analyst's Office, plus the weighted average Cal Grant award at the University of California and the California State University. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 358 without my signature.

This bill limits budgetary flexibility by statutorily specifying the maximum amount of the Cal Grant award for those recipients attending private postsecondary institutions as well as a formula for computing subsequent increases. It would simply lead to more auto-pilot spending. Current law allows the Governor and Legislature to adjust the award amount in the annual Budget Act. Legislation is not necessary either to set the maximum award amount or to adjust it in future years.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 469 (Yee)

School food: nutrition guidelines.
Existing law requires the State Department of Education to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses. This bill would, commencing January 1, 2009, also require the department to develop and maintain those guidelines for all food and beverages served on public school campuses. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 469 without my signature.

I vetoed a nearly identical bill (AB 444, Yee) last year based on supporting a more direct approach in impacting student health and nutrition in schools, such as my comprehensive nutrition package I signed last year. As I state in the last veto messages, simply revising state level guidelines without any implementation or enforcement mechanism does not address the proliferation of unhealthy foods in any effective or timely manner. Since this bill is substantially similar, the veto message remains applicable.

I would welcome a bill next year that attempts to increase the quality of food served on California school campuses by eliminating meals with unhealthy trans fats and those foods fried in unhealthy oils, as much as practically possible.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 473 (Liu)

Community colleges: student fees.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law also authorizes the establishment of community college districts, and further authorizes the operation, by these districts, of community college campuses that offer instructional services throughout the state. Existing law authorizes community college districts to admit nonresident students, and requires community college districts to charge a tuition fee to nonresident students, with specified exceptions. Existing law exempts, from the requirement to pay a nonresident tuition fee in the 2005-06 academic year, among others, students who enroll for 6 or fewer units, and students who, as of August 29, 2005, were enrolled, or admitted with an intention to enroll, in the fall term of the 2005-06 academic year, in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue their attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. This bill would delete the exemption of students who enroll for 6 or fewer units from the requirement to pay a nonresident tuition fee. The bill would extend the exemption of the eligible students displaced by Hurricane Katrina to the 2006-07 fiscal year, would provide that the exemption could be applied retroactively to academic terms commencing on or after July 1, 2006, and would provide that the exemption applies only to students displaced from institutions which are closed as a direct consequence of damage sustained from Hurricane Katrina. Because this provision would require community college districts to alter their procedures with respect to the determination of students' eligibility for exemptions from nonresident tuition, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 473 without my signature.

This year, because state general fund revenues increased as a result of a rebounding economy, I was very pleased to have approved the student fee decrease for community college students from $26 per unit down to $20 per unit. The fee reduction will be a great benefit for students and their families.

This bill contains five items related to student fees at the California Community Colleges (CCC). The most significant among them are provisions intended to set the stage for implementing a long-term student fee policy for the CCC. The development of a long-term student fee policy, if determined to be in the best interests of the state, should benefit from the input of all the segments of higher education, the Legislature, the Administration, the states agencies focused on higher education issues, the business community and other stakeholders. This bill focuses solely on the Board of Governors and the CCC Chancellor without taking into account a larger state interest.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 523 (Liu)

Community college districts: sale of property.
Existing law authorizes the governing board of a community college district to sell for cash, to the highest bidder, any personal property belonging to the district if the property is not required for school purposes, if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use. This bill would specifically authorize the governing board of a community college district to sell, for less than fair market value, a nonprofit educational television station licensed by the Federal Communications Commission (FCC) and located in Orange County that the district deems to be surplus property of the district, to a nonprofit organization seeking a nonprofit educational FCC license for the purpose of qualifying for Corporation for Public Broadcasting grants, if the governing board adopts a resolution, as prescribed. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 523 without my signature.

I am concerned that the provisions of this bill sidestep the protections afforded under current law to ensure that the publics interests are served in the sale of public property. In addition, the terms of sale that would be addressed by this legislation are currently facing legal challenges. Given the ongoing legal disputes, it would be inappropriate to enact this legislation.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 606 (Levine)

Safe schools: discrimination and harassment.
Existing law prohibits discrimination on the basis of specified protected characteristics, including, but not limited to, actual and perceived gender identification and sexual orientation, in any program or activity conducted by an educational institution, as specified. This bill would require the State Department of Education to develop a model antidiscrimination and antiharassment policy, by January 1, 2008, that prohibits discrimination and harassment based on specified characteristics, including, but not limited to, actual or perceived gender identity and sexual orientation, for school districts to adopt, as specified. The bill would require the department to post the model policy on its Internet Web site for school districts to download. The bill would require a school district to adopt the model policy developed by the department and publicize, as defined, the policy. The bill would require a school district to take specified actions related to increasing awareness of, preventing, and ensuring appropriate responses to, incidences of discrimination and harassment based on those protected characteristics. By requiring school districts to perform additional duties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 606 without my signature.

This bill mandates that the State Department of Education develop a model antidiscrimination policy that prohibits discrimination based on specified characteristics already in law. It also mandates school districts adopt this model in their district.

I have spent most of my life committed to fighting discrimination and teaching our children tolerance for all persons, irrespective of race, gender, nationality, ethnicity, religious creed, disability or sexual orientation. However well intentioned, this bill creates a new state mandate on schools at a time when our state currently owes almost half a billion dollars in unpaid mandates. Adding another unfunded state mandate to our school districts when we have not paid for existing mandates is irresponsible. The mandates still unfunded include earthquake emergency procedures, immunization programs, AIDS prevention programs, criminal background checks on school employees, removal and disposal of chemicals, administering and reporting standardized tests, among others.

Additionally the California Student Safety and Violence Prevention Act of 2000 already prohibits discrimination and harassment in California Public Schools. A task force created by the Department of Education to recommend ways to implement this Act released its report to school districts in 2001. On April 30, 2004, the Department of Educations General Counsel issued a legal advisory to all county and district superintendents explaining the laws related to discrimination. According to this document, every local educational agency is required to have a policy against discrimination and harassment that applies to all the protected categories of students and a complaint procedure that enforces that policy.

It is the responsibility and obligation of the Department of Education to ensure that school districts are complying with this important law and I strongly encourage a zero tolerance for any violation of these prohibitions against discrimination and harassment in our schools.

For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 751 (Chu)

Student financial aid: Student Aid Commission: regulation of purveyors of private college financial aid services.
Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs for students attending all segments of postsecondary education. This bill would authorize the commission to regulate all matters and functions related to the California operations of purveyors of private college financial aid services, as defined, for the purposes of preventing financial aid and scholarship fraud, as defined. The bill would require a purveyor of private college financial aid services to register with the commission and pay an annual registration fee of up to $100. The bill would authorize the commission to levy fines of between $2,000 and $10,000 on purveyors of private college financial aid services that fail to register or that violate any other provision of the bill. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 751 without my signature.

I do not condone the unscrupulous behavior of those private purveyors of college student financial aid services that provide fraudulent or useless scholarship and financial aid information. Many of them are not based in California and come here specifically to take advantage of parents and students struggling to navigate the process of obtaining financial aid.

However, this bill does not provide the appropriate mechanism to address this issue. This bill charges the California Student Aid Commission (CSAC) with the responsibility of regulating these purveyors of services, registering them, collecting fees and levying fines, and enforcing compliance with all applicable state and federal laws. The CSACs expertise lies in financial aid administration and it is not equipped to perform these duties. It is not a regulatory or enforcement body.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 756 (Goldberg)

School finance: the Flexible Funding for Pupil Achievement Program.
Existing law, the Public Schools Accountability Act of 1999, establishes (1) the Public Schools Performance Accountability Program, consisting of programs for schools based on their performance on statewide accountability tests and measures of that achievement; (2) procedures for local educational agency intervention that are to be taken regarding local educational agencies that are not meeting the pupil achievement requirements of the federal No Child Left Behind Act of 2001; (3) the state No Child Left Behind Liaison Team to advise the Superintendent of Public Instruction and the State Board of Education on appropriate matters related to implementation of the federal No Child Left Behind Act; and (4) a Statewide System of School Support to provide support and technical assistance to school districts, county offices of education, and schools in need of improvement, as specified. Existing law requires a county superintendent of schools to calculate a revenue limit for each school district in the county. Existing law establishes categorical funding programs for which school districts may be eligible. This bill would establish the Flexible Funding for Pupil Achievement Program and would require the Superintendent of Public Instruction to administer it. The bill would permit up to 5% of schools in the state from no more than 25 school districts, as specified, to participate in the program at any one time and would require the Superintendent to strive to ensure a balance of elementary, middle, and high schools among participating schools, as specified, and that urban, suburban, and rural schools are represented among participating schools. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 756 without my signature.

This bill would establish the Flexible Funding for Pupil Achievement Program, a pilot program that seeks to enhance school-site budget and programmatic control for participating schools. I commend the effort to support local decision making authority and pupil achievement.

However, I believe that eligibility to participate in such a pilot should be limited to schools with a demonstrated capacity to advance the academic progress of their students under the states academic accountability system. In addition, once in the program, schools should be required to continue demonstrating progress in student academic achievement in order to remain eligible for continued participation. Only in this way can we ensure that students academic achievement is not being undermined by this experiment in school finance.

I am also concerned that this bill does not provide for adequate budget and programmatic transparency. For local control to function well, it is vital that the local community is fully informed and empowered to participate in the decision making.

Finally, my bi-partisan committee on education excellence is doing a thoughtful review of education funding issues. After those reports are completed, I look forward to working with education leaders on distilling the information and enacting changes that we believe will improve California's education system.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1056 (Chu)

Public school curriculum: tolerance and intergroup relations instruction.
Existing law requires the State Board of Education to adopt statewide academically rigorous content standards in core curriculum areas, including, but not limited to, history/social science, and requires the board to review and modify existing curriculum frameworks where appropriate to bring them into alignment with these content standards. This bill would establish the Tolerance Education Pilot Program, to be administered by the State Department of Education, to promote instruction in public schools on tolerance, as defined, and intergroup relations as part of the instruction in the history/social science content standards, as specified. The bill would require the department to select 10 schools to participate in the program and receive one-time grants of $25,000 each for one of 2 specified purposes. The bill would require each school selected to participate in the program that receives funding through the program to submit a report to the department on the effectiveness of the program and the use of program funds 3 years after the school receives its initial funding. The bill would require each participating school to develop a plan to implement a tolerance and intergroup relations curriculum. The bill would repeal those provisions on January 1, 2011.

To the Members of the California State Assembly:

I am returning Assembly Bill 1056 without my signature.

I vetoed a similar bill, AB 723 (Chu, 2005) because it was largely duplicative of current efforts to provide more avenues to teach about tolerance and human rights. For example, current law already establishes a Center for the Excellence on the Study of the Holocaust, Genocide, Human Rights, and Tolerance (Center) to provide teachers the training and resources to effectively teach about these subjects. In addition, the State Board of Education has adopted a Model Curriculum for Human Rights a nd Genocide that is available to all schools.

Furthermore, the Center is required to submit a report to the Administration and the Legislature no later than January 31, 2007 outlining the activities of the Center and reporting the progress made in achieving its goals. It would be prudent to review the progress being made before any additional actions are contemplated.

For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1076 (Horton, Jerome)

Curriculum: social science.
Under existing law, the adopted course of study for grades 7 to 12, inclusive, is required to include instruction in social science, as prescribed. Existing law expresses 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. Existing law additionally expresses 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. Existing law specifies that this instruction shall be carried out in a manner that does not result in any new duties or programs imposed on school districts. This bill would extend that authority to instruction on World War II, and the role of Filipinos in that war. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1076 without my signature.

I strongly support the authors intent to recognize the contributions of the Filipinos during World War II. Accordingly, I issued a proclamation on October 19, 2005 recognizing the contributions of Filipinos during World War II and proclaimed October 20 as Filipino-American Veterans Day. In addition, I sent a letter to the State Board of Education recommending that they encourage instruction on World War II to include a component which focuses on the courage and sacrifices of the Filipino people and their soldiers during World War II.

However, I have vetoed nearly identical bills in the last two year and I continue to believe that current law already provides the necessary flexibility for schools to incorporate this topic in their social science instruction and that the State should refrain from legislating the details of school curriculum. Because school districts may provide instruction on any topic not expressly prohibited by the Education Code, the authorization provided by this bill is unnecessary.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1388 (Ridley-Thomas)

Telecommunications: California Teleconnect Fund Administrative Committee Fund: grant programs.
Existing law establishes the California Teleconnect Fund Administrative Committee to advise the Public Utilities Commission regarding the commission's responsibilities for the development, implementation, and administration of a program to advance universal telephone service by providing discounted rates to qualifying schools, libraries, hospitals, health clinics, and community organizations. Existing law establishes the California Teleconnect Fund Administrative Committee Fund in the State Treasury, and provides that moneys in the fund, collected by telephone corporations in utility rates authorized by the commission and deposited into the fund, may only be expended for the purposes authorized, upon appropriation in the annual Budget Act. The annual Budget Act for 2003 provided for a loan of $150,000,000 to the General Fund from the California Teleconnect Fund Administrative Committee Fund. Existing law provides for the repayment of that loan. This bill would authorize the commission to establish, until January 1, 2013, a Community Based Supplemental Education Demonstration Grant Program and a Telemedicine Demonstration Grant Program, meeting certain requirements, with all funding for the programs coming from the moneys repaid to the fund from the moneys loaned by the fund to the General Fund in the annual Budget Act of 2003. Awards under the grant programs would be for the purpose of providing advanced telecommunications network services to community technology programs and to public libraries, as defined, that deliver supplemental education services to pupils, and to health care facilities, as defined, that provide telemedicine services. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1388 without my signature.

This bill adds two new eligible grant programs funded out of the California Teleconnect Fund. This fund is supported by an assessment on phone bills. The fund experienced a shortfall this past year and has an outstanding loan to the General Fund. It would be imprudent to expand the eligible programs funded from this fund until its fiscal condition stabilizes.

Sincerely,

Arnold Schwarzenegger

AB 1478 (Frommer)

Developmental services.
Existing law, the Lanterman Developmental Disabilities Services Act, establishes the State Department of Developmental Services and sets forth its duties and responsibilities, including, but not limited to, the administration and oversight of the state developmental centers and programs relating to persons with developmental disabilities. Existing law requires the department to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. This bill would, in addition, require the department, in consultation with specified state departments, to develop guidelines for the treatment of autism spectrum disorders and to disseminate the information to parents. This bill contains other existing laws.

To the Members of the California State Assembly:

While I strongly support and have sponsored efforts to address the needs of our states growing population of children with autism, this measure duplicates activities funded in the recent Budget Act and already underway in the Department of Developmental Services, and is therefore unnecessary. Specifically, my budget included $2.7 million to expand the Autistic Spectrum Disorder Initiative to support development and implementation of best practice guidelines for treatment and intervention of autism, establish local resource centers to better support families, and to strengthen regional center capacity to coordinate application of guidelines and improve training and coordination of services at the local level.

For these reasons, I am returning Assembly Bill 1478 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 1601 (Laird)

Child care: provider registration: background checks.
Existing law establishes a process whereby any license-exempt child care provider, defined as a person 18 years of age or older who provides child care or supervision, or any person providing in-home educational or counseling services to a minor, and who is not otherwise required to be licensed, is authorized to initiate a background examination to become a registered trustline provider. This bill would require the department and the State Department of Education, by July 1, 2007, in coordination with the county welfare department and representatives from the California Child Care Resource and Referral Network and the California Alternative Payment Program Association, to adopt and implement regulations to require license-exempt child care providers to submit a trustline application within 14 days of the date the provider first began to provide child care services, with up to a possible additional 14 days that may be granted at the time of application at the option of the Alternative Payment Program or the county welfare department. By imposing additional duties on a county welfare department, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

Protecting the health and safety of our children is a top priority for me. Children in subsidized child care whose child care provider is a relative, a neighbor or an unlicensed person deserve the same protections as children in licensed child care. Earlier this year I directed the California Department of Social Services to develop regulations to better protect children's safety by requiring criminal background clearance of TrustLine providers before the providers are eligible for payment The proposed regulations, which I am directing the Department of Social Services to file immediately, assure criminal background checks are completed before child care providers are paid, just like providers in licensed child care facilities must be cleared prior to work. The regulations put child safety first and ensure parents transitioning from welfare-to-work continue to have immediate access to numerous subsidized child care options, including child care centers, licensed care, and care provided by grandparents, aunts and uncles. Since AB 1601 would not require TrustLine providers to complete a criminal background check before they are paid in the timeline our children deserve, I am returning it without my signature.

Sincerely,

Arnold Schwarzenegger

AB 1778 (Lieber)

Pupil records: release of information: military recruiters.
Existing law allows the governing board of a school district to require the parent or guardian of a pupil to provide current emergency information, as specified, to the pupil's school of attendance. Existing law states the intent of the Legislature that a school district, in adopting a policy governing the release of pupil directory information, as specified, not purposefully exclude any military service representative from access to that information. Existing law further states the intent of the Legislature, in the interest of pupil confidentiality, that school districts minimize the release of pupil telephone numbers in the absence of express parental consent. This bill would require a school district, that requires the parent or legal guardian of a secondary school pupil to provide current emergency information to the pupil's school of attendance, to include a notice in the emergency information request form that informs the parent or legal guardian, and pupil of his or her right under federal law to request that the pupil's name, address, and telephone number not be released to military recruiters or institutions of higher education, as specified, without the prior written consent of the parent or legal guardian, and that allows the parent, legal guardian, or pupil the ability to indicate on the emergency information request form that he or she chooses to separately prohibit the release of the pupil's name, address, and telephone number listing, as specified. The bill would provide that a request by a pupil would prevail over the request of a parent or legal guardian. The bill would require a school district to provide the notice in English and all other languages that the school district uses for its emergency information request form. The bill would define the term "pupil" for those purposes.

To the Members of the California State Assembly:

I am returning Assembly Bill 1778 without my signature.

State and federal law already require school districts to notify parents of the types of student information that they release to the public. The notice must include an explanation of a parents right to request that the information not be disclosed without prior written consent and the method and timeline for making such a request. Ultimately, I believe that schools should maintain the flexibility to develop their own procedures to ensure compliance with state and federal laws without the state dictating how procedures are implemented.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1950 (Lieu)

Instruction: economics.
Existing law requires a school district, as part of its adopted course of study for grades 7 to 12, inclusive, to offer courses in specified areas of study, including, among others, social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology. This bill would authorize a school district, in providing instruction in economics, to include instruction related to the understanding of personal finances, including, but not limited to, budgeting, savings, credit, and identity theft. The bill would encourage the State Department of Education to develop a model personal finance curriculum for these purposes, and would encourage the department to consult with financial institutions and organizations, as specified, for the purpose of formulating the model curriculum.

To the Members of the California State Assembly:

I am returning Assembly Bill 1950 without my signature.

I vetoed a substantially similar bill, AB 2435 (Wiggins, 2004). As I previously stated, the bill is unnecessary because school districts already have the authority to teach budgeting, savings, and credit, under current law. Thus, my veto message remains applicable.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2023 (Leslie)

Schools: truancy: appointments.
Existing law authorizes a pupil to be excused from school for specified reasons and allowed to complete assignments and tests missed, as specified. This bill would authorize a pupil to be excused from school in order to attend, and participate in, an educational conference activity on the subjects of legislative or judicial process, including procedure and governance conducted by a nonprofit charitable organization, as defined by federal law. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2023 without my signature.

While I recognize that there are many civic and other educational opportunities outside of the classroom, I am concerned that this bill would excuse student absences without the approval of the school principal. I believe local school districts should continue to be allowed the discretion to establish their own policies and criteria for determining when a students absence to participate in such activities is appropriate before the absence is considered a legitimate excused absence.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2031 (Cohn)

Dependent children.
Existing law provides for the placement of dependent children by the juvenile court according to specified procedures. Existing law requires the state to encourage the development of approaches to child protection that employ specified methods. This bill would expand the latter provision by requiring the state to encourage the development of approaches that include ensuring that a search for relatives available for placement is initiated before permanent placement decisions are made for children who cannot be reunited with their families. The bill would also set forth various requirements for the State Department of Social Services to ensure that as many family members as possible of dependent children are identified, including drafting guidelines outlining best practices in the use of advanced technology to assist counties in identifying all relatives and nonrelative extended family members at the earliest possible time for a foster child. The bill would authorize the department to identify best practices for implementing optimal foster child placement opportunities, as reported by designated counties that have developed kinship care programs for that purpose.

To the Members of the California State Assembly:

I am returning Assembly Bill 2031, which is similar to a measure I vetoed last year (AB 880, Cohn), without my signature, as current law already requires counties to identify and locate family members when making foster care placements.

Working together, my Administration and the Legislature have taken action to improve the safety, permanency and well-being of children in California through the fundamental restructuring of Child Welfare Services. We secured a first of its kind federal waiver to provide counties flexibility to use federal funds on preventive services for families in crisis to keep children in safe and stable homes, and to reduce the need for foster care placement. With broad bipartisan support, we made a historic investment of $255 million in the budget to promote successful transitions of former foster youth to adulthood, increase adoptions, and support the restructuring of the child welfare system and the provision of services to children and families that is linked to outcome improvements. Because supporting connections between children and youth in foster care and their relatives is an important goal, I signed legislation to expand the Kin-GAP program to enhance the ability of relatives to care for foster children, and supported requirements to promote and maintain supportive relationships between youth and their mentors, relatives and extended family members.

Counties have made significant progress in more effectively identifying and locating relatives of children and youth in foster care. The recent expansion of the KinGAP program and focus on improved outcomes will support continued improvements. These efforts will be monitored and supported by the California Child Welfare Council established by AB 2216 which I have signed into law. Given efforts to date, the soon to be created Child Welfare Council, California's national leadership in identifying relatives of children in foster care, and existing authority for the Department of Social Services to develop guidelines administratively, this bill is unnecessary.

For these reasons, I cannot support this bill.

Sincerely,

Arnold Schwarzenegger

AB 2054 (Horton, Shirley)

Subject matter knowledge: foreign languages.
Existing law requires the adequacy of subject matter preparation and the basis for assignment of certified school personnel to be determined by the successful passage of a subject matter examination, as certified by the Commission on Teacher Credentialing, except as specifically waived under certain provisions of existing law. This bill, instead, would require the commission, by June 30, 2007, to develop a language examination template for the purpose of determining the adequacy of subject matter knowledge of a language for which there is no subject matter examination adopted by the commission. The bill would give priority to the Filipino language for specific examination development, followed by Hmong, Cantonese, Armenian, Khmer, Arabic, and Farsi languages, in that order. The bill would authorize test development for these languages to occur simultaneously. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2054 without my signature.

This bill is unnecessary since the language in this bill regarding development of a language examination template is virtually identical to the language in the 2006 Budget Act that appropriates $75,000 for this purpose.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2065 (Liu)

School libraries: standards.
Existing law requires each school district to provide school library services for pupils and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with other public agencies, including, but not limited to, affiliation with county and city libraries. This bill would, subject to the availability of funds appropriated in the annual Budget Act for this purpose, require the Superintendent to develop, and the state board to adopt, school library content standards. The bill would require the school library content standards to include information literacy skills that support academic content standards adopted by the state board. The bill would allow the school library content standards to be taught in collaboration with content area teachers through school library programs. The bill would also define "school library" to mean a library established in a California public school for specified purposes. This bill would require the Superintendent, in developing school library content standards, to create an advisory committee consisting of school library media teachers and classroom teachers from districts representing all geographic regions of the state and from urban, suburban, and rural districts. The bill would require the Commission on Teacher Credentialing to review and revise its adopted standards of program quality and effectiveness, as specified. The bill would declare that its provisions do not require a school library to purchase, or prohibit a school library from purchasing, specified materials. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2065 without my signature.

This bill requires the Superintendent of Public Instruction to develop and the State Board of Education (SBE) to adopt, library content standards. The content standards that the SBE has heretofore adopted define the academic content that a student at each grade level should know, for various subjects. The library content standards that this bill would require the SBE to adopt, however, do not meet the definition of our states academic content standards.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2108 (Evans)

Vehicles: child passengers.
Existing law establishes rules of the road governing the operation of vehicles upon the highways. A violation of these rules is a public offense. This bill would recast these provisions by requiring that a child who is under 8 years of age be secured in a rear seat in an appropriate child passenger restraint system. The bill would provide an exception from the child passenger restraint system requirement for a child who is under 8 years of age, but who is 4 feet 9 inches tall or taller and who is properly restrained by a safety belt. The bill would prohibit a parent or legal guardian, or driver from transporting in a motor vehicle, a child or ward who is 8 years of age or older, but less than 16 years of age without properly securing the child or ward in an appropriate child passenger restraint system or a safety belt. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2108 without my signature.

As the father of four, I am very supportive of laws designed to protect children. Unfortunately, simply increasing the maximum age requirement for children to be restrained by vehicle booster seats, as proposed by AB 2108, will do little to actually better protect our children.

Parental responsibility is the key to protecting our children. Studies from the National Highway Traffic Safety Administration (NHTSA) show overwhelmingly that driver restraint use is the strongest predictor of child restraint use. It is most often the case that those that use seatbelts themselves also properly restrain their young passengers. Conversely, those who disregard seatbelt laws also fail to properly secure their children. If all adults responsible for young children were to comply with current laws related to child restraint systems, many tragic injuries and deaths could be avoided. As such, the way to better protect our children is through education of and compliance with existing laws, not the addition of new ones.

Sincerely,

Arnold Schwarzenegger

AB 2109 (Goldberg)

Teachers: staff development.
Existing law establishes the Standardized Testing and Reporting (STAR) Program under which each school district, charter school, and county office of education is required to administer to each of its pupils in grades 3 and 7 a designated achievement test and a standards-based achievement test, until July 1, 2007, to each of its pupils in grades 2 to 11, inclusive, and, after July 1, 2007, to each of its pupils in grades 3 to 11, inclusive. Existing law requires the Superintendent of Public Instruction to apportion funds appropriated to enable school districts to use the English language development test to identify limited-English-proficient pupils, to determine their level of English language proficiency, and to assess their progress in acquiring the skills of listening, reading, speaking, and writing English. Existing law requires, commencing with the 2003-04 school year and each school year thereafter, 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, as a condition for receiving the specified professional development block grant funds, require a school district that provides a professional development program for the purpose of improving the instruction of core academic subject areas, as specified, to analyze disaggregated testing data accumulated from the above-mentioned tests and from the National Assessment of Educational Progress, as appropriate, and structure the professional development program to focus on improving the academic achievement of pupils according to the results of the analysis of this data. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2109 without my signature.

Investing in the professional development of our teachers and school principals is very important to the academic success of our students. Using data to evaluate how to most effectively use these resources is valuable and best done at the school district level by teachers and principals. What is effective for one school or district may not be for another.

It is unclear how this bill will impact existing practice or provide an incentive for districts to improve their current practices. Effective school districts already analyze test results using the data as a tool to better target efforts and resources to improve academic performance, particularly those resources that directly impact student achievement and instructional delivery. Furthermore, it is questionable if the data analysis required in the bill is an appropriate method of determining professional development for teachers. Districts may also wish to consider other factors such as teacher credential and experience information in determining the appropriate level, amount, and type of professional development for its teachers.

Considering the bill does not require districts to implement model strategies to better analyze disaggregated data or impose consequences for those not targeting funds to achieve significant improvement, this directive will not achieve its intended goal.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2115 (Hancock)

Instruction: The California Career Technical Education Coordinating Council.
Existing law establishes various programs for career technical education in the public schools and services related to career technical education, including, but not limited to, regional occupational centers and programs, regional career guidance centers, and grant opportunities for school districts and other entities offering career technical education programs, as specified. This bill would establish the California Career Technical Education Coordinating Council, to be composed of specified persons, for purposes of identifying state and federal career education programs in kindergarten and grades 1 to 12, inclusive, schools and recommending to the Legislature and the Governor ways to coordinate programs and funding streams to enhance the effectiveness and economy of those programs. The bill would require the Secretary for Education and the Superintendent of Public Instruction to jointly convene the council and facilitate the selection of a chair. The bill would require the council to identify barriers to the articulation of the kindergarten and grades 1 to 12, inclusive, programs with the various state institutions of higher education and recommend ways to link kindergarten and grades 1 to 12, inclusive, programs with community college certificate and academic degree programs. This bill would require the council to make recommendations regarding credential requirements and instruction for the various career technical education programs. This bill would require the council to report, by January 1, 2008, to the Governor and the Legislature regarding its work with the Superintendent to ensure certain specified tasks are accomplished and certain requirements are met. The bill also would require the council to report on the progress made to meet the specified objectives to the Legislature and the Governor, by January 1, 2008, and to file reports annually after the first report is presented.

To the Members of the California State Assembly:

I am returning Assembly Bill 2115 without my signature.

While I support the authors well-placed intentions to coordinate career technical education (CTE) efforts and funding streams in order to enhance the effectiveness of these vital programs, this bill creates another bureaucratic council that will not directly advance career tech programs for our students.

Last year, I signed a package of bills that expanded and improved CTE curriculum in our public schools, aligned curriculum for seamless advanced work in our community colleges, and improved the quality and availability of information for students and parents to make informed choices for their future. This year, the 2006 Budget Act provides an additional $100 million for CTE program expansions in the schools and community colleges and one-time funds to purchase state-of-the-art equipment. Further, my infrastructure bond proposal, before the voters in November, includes $500 million for CTE facilities modernization.

The creation of another advisory council is unnecessary for continuing this historic reinvigoration of career technical education in the schools.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2132 (Levine)

Public employee health benefits: retirees.
Under existing law, the Public Employees' Medical and Hospital Care Act, annuitants may enroll in a health benefit plan and the cost of that enrollment is paid by the annuitant and his or her former employer. Existing law defines annuitant for this purpose as, among others, a person who receives a retirement allowance from a state or University of California retirement system or from a retirement system of a contracting agency, as defined. Contributions paid by annuitants and employers are deposited into one of 2 continuously appropriated funds. This bill would authorize a person who reinstates from retirement from one of those retirement systems to enroll in a health benefit plan, following his or her subsequent retirement on or after January 1, 2007, as an annuitant of the employer from which he or she first retired, except as specified. The bill would prohibit a person who reinstates from retirement from using his or her creditable service after reinstatement to calculate the health benefit contribution unless that person performed service for the same employer from which he or she first retired. By expanding enrollment eligibility, the bill would increase contributions to continuously appropriated funds and, thereby, make an appropriation.

To the Members of the California State Assembly:

I am returning Assembly Bill 2132 without my signature.

This bill would allow an annuitant subject to the Public Health and Hospital Care Act, who reinstates to active status to receive the retiree health benefit provided by the initial employer. Under existing statute, when an annuitant reinstates from retirement as an active employee for a CalPERS contracting agency, the new employer is responsible for paying the employer contribution for the annuitant's health coverage when that annuitant retires for the second time. This bill is intended to eliminate disincentives for retirees to return to work. It would encourage experienced public employees to return to public service upon deciding that they no longer wish to be retired, and remove a significant incentive to forgo public service for work in the private sector.

However, because of changes in the Governmental Accounting Standard Board rules, both state and local governments will be undertaking an actuarial assessment of their unfunded retiree health benefits. With that information in hand, we can consider the impact the changes made in this bill will have our retirement systems. Until then, this bill is premature.

Sincerely,

Arnold Schwarzenegger

AB 2148 (McCarthy)

School facilities: supplemental funding: project management assistance.
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 authorize a school district with an average daily attendance of 2,500 or fewer in the prior year to request supplemental funding assistance from the board in order to manage new construction or modernization projects approved by the board after January 1, 2007. The bill would authorize a school district with an approved request to contract with a county office of education, an architect, a general contractor, or a construction manager, except as provided, to provide the management services and would specify what the management services may include. The bill would require the board to adopt regulations to establish the supplemental allowances, which would be prohibited from exceeding 5% of a specified amount.

To the Members of the California State Assembly:

I am returning Assembly Bill 2148 without my signature.

While I believe that this bill attempts to address a real need on the part of small school districts, I am concerned that it would create approximately $50 million in additional school facility bond costs. As these costs were not factored into the Kindergarten-University Public Education Facilities Bond Act of 2006 that will go before the voters in November, this bill would result in fewer school construction and modernization projects being completed with bond act funding.

For these reasons, I am unable to sign this bill. However, I believe the issue of small district project management should be considered in the context of the next school bond proposal.

Sincerely,

Arnold Schwarzenegger

AB 2153 (Liu)

Adult education.
Existing law authorizes the Superintendent of Public Instruction to approve plans for adult education innovation and alternative instructional delivery for school districts making an application that demonstrates how the needs of adults will be addressed by programs including, among others, distance learning, as specified. Existing law authorizes school districts that are approved to implement adult education demonstration programs to expend up to 5% of their adult block entitlement for implementation of those programs. This bill would provide that the authority of school districts to expend up to 5% of their adult block entitlement for implementation of approved programs does not apply to distance learning programs, as specified.

To the Members of the California State Assembly:

I am returning Assembly Bill 2153 without my signature.

While distance learning programs have demonstrated their ability to deliver instruction to students unable to attend traditional classroom-based programs, ongoing issues of fiscal and programmatic accountability argue for a cautious, case-by-case review, rather than the blanket exemption that this bill would provide.

The appropriate venue for requesting an increase in the five percent cap is the State Board of Education, which has the authority to raise the cap to whatever level it deems appropriate. Moreover, as the states education policymaking body, it has the expertise to evaluate each school districts individual request on its merits.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2175 (Liu)

Department of Motor Vehicles: driver education.
Existing law specifies the powers and duties of the Department of Motor Vehicles. This bill would require the department to establish a Teenage Drivers Education and Training Advisory Committee, with membership appointed by the Director of Motor Vehicles, as described. The bill would require the department to contract with a public or private entity that is an expert in designing driver education and crash avoidance driving skills and driving techniques for novice teenage drivers for the purpose of developing a model teenage driver education and training program. The bill would require the department to contract with an expert entity independent from, and not affiliated with, the model driver education and training contractor for the purpose of evaluating the program's effectiveness. The bill would require the department to develop revised standards for driver education and training. The bill would require that funding for its provisions be made available, upon appropriation by the Legislature, from the Driver Training Penalty Assessment Fund. The bill would require the department to make efforts to secure federal funds to implement its provisions. The bill would also require the department to submit a progress report to the Chair of the Assembly Committee on Transportation and the Chair of the Senate Committee on Transportation and Housing not later than December 1, 2009.

To the Members of the California State Assembly:

I am returning Assembly Bill 2175 without my signature.

This bill would require the Department of Motor Vehicles to establish a Teenage Drivers Education and Training Advisory Committee and to enter into contracts for the design and evaluation of a model driver education and training program.

Though I support the intent of this bill, it is unnecessary. DMV is already working with Caltrans in the development of a Strategic Highway Safety Plan pursuant to recent federal law. These changes establish a new program structured and funded to make significant progress in reducing highway fatalities. States must have their plan in place by October of next year in order to receive their full share of federal transportation funds. A key component of the plan will be strategies for reducing accidents, injuries and fatalities, including those involving young drivers.

Given the efforts in conjunction with federal law, it is unnecessary to expend additional dollars on a separate study of the same issue.

Sincerely,

Arnold Schwarzenegger

AB 2192 (Bass)

CalWORKs.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families through a combination of state, county, and federal funds received through the federal TANF program. This bill would, instead, provide that, with certain exceptions, a person convicted of drug-related felonies shall be eligible to receive CalWORKs benefits if he or she meets certain conditions of eligibility. This bill would, instead, also require a county to only issue voucher payments for at least rent and utilities payments for a family receiving aid that includes an ineligible individual, or an eligible individual who is participating or enrolled in a government-recognized drug treatment program until that individual completes the program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2192 without my signature. I strongly support efforts to help people recover from drug addiction and recently invested $670 million in statewide drug treatment programs, an increase of $53 million over the previous year. However, I cannot support this bill as it would provide cash assistance to drug offenders without adequate public safety protections. California already provides resources to help meet the needs of children whose parents are ineligible for CalWORKS services because of their drug-related felony. I am disappointed the Legislature failed to incorporate all of the reasonable public safety provisions I recommended when vetoing similar legislation (AB 855) last year. By not including a strong drug testing requirement or the use of voucher payments in lieu of cash for all drug offenders, this measure does not provide adequate assurances that these individuals are abstaining from drug use. For these reasons, I am returning AB 2192 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 2248 (Coto)

Reading First Plan.
Existing law establishes the Reading First Plan to provide reading instruction to pupils in kindergarten and grades 1 to 3, inclusive, and to special education pupils in kindergarten and grades 1 to 12, inclusive. Existing law requires the State Department of Education to administer the plan which is funded from moneys allocated pursuant to the federal No Child Left Behind Act of 2001. Existing law requires the Reading First Plan submitted to the federal Secretary of Education, among other things, to authorize an eligible local educational agency to use specific instructional materials and to receive grants of up to $6,500 per teacher in kindergarten or in any of grades 1 to 3, inclusive, to enhance reading instruction, as provided. This bill would make a local educational agency that receives continuous funding for Reading First grants beginning in round 1 of grant funding eligible for Reading First grant funding, to the extent funds are available for this purpose, through the 2007-08 fiscal year if it demonstrates significant progress after five years of program participation. The bill would make a local educational agency that receives continuous funding for Reading First grants beginning in round two, three, or four of grant funding eligible for Reading First grant funding, to the extent funds are available for this purpose, through the 2007-08 fiscal year if it demonstrates significant progress after four years of program participation. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2248 without my signature.

While I strongly support the Reading First program, this bill does not adequately address the concerns that I stated in my veto message included in item 6110-126-0890 of the Budget Act of 2006. In my veto message I stated that I would support legislation that extended the availability of funding for the existing cohorts for the 5th and 6th years. This bill limits the availability of funding for the existing cohorts to 2007-08, which only ensures funding for the sixth year to cohort one and would result in cohort four only being eligible to receive three years of funding. My Administration has continuously advocated that to the extent the federal funds remain available, school districts that are successfully implementing the Reading First program should be able to participate in the program for six years in order to make the school-wide permanent cultural changes to reading instruction.

Further, this bill attempts to create an accountability system for the Reading First program. However, because this bill is technically flawed, it is likely that this bill would only cause confusion at the local level and not result in any further accountability. Moreover, the federal government has already set accountability requirements for this program so it is redundant and unnecessary to have an accountability process at the state level as well.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2355 (Negrete McLeod)

Public employees' retirement: service credit: California State University academic employees.
The Public Employees' Retirement Law prescribes the rights and benefits of the members of the Public Employees' Retirement System and provides for the membership of academic employees of the California State University. The law provides that members of the system who are excused from their duties, and who are compensated during these times at amounts less than full compensation, receive reduced service credit for that period, as specified. The law permits these members, upon return and election, to receive full service credit for these periods if they make contributions to the retirement fund in an amount equal to the increase in employer liability, as specified, on the date of the request for costing of the service credit. The law also permits specified members who are academic employees of the California State University to receive full service credit if both the member and his or her employer elect to contribute to the retirement fund an amount equivalent to what would have been contributed if the member had been employed full time, not to exceed 5 years of part-time status. This bill would permit a member who is an academic employee of the California State University who, on or after January 1, 2007, is granted a reduced pay leave, as specified, to receive full service credit if the member elects to contribute to the retirement fund the amount that would have been contributed by the member if the member was not on a reduced pay leave. The bill would require the employer, if the member elects to make his or her contributions, to contribute the amount that would have been contributed by the employer if the member was not on a reduced pay leave. The bill would further require California State University personnel to verify the eligibility of a reduced pay leave applicant for this benefit and to keep specified records in this regard.

To the Members of the California State Assembly:

I am returning Assembly Bill No. 2355 without my signature.

The sabbatical leave system encourages faculty of the California State University to continually strive for professional growth and academic excellence. Whether, when and what type of employer-paid benefits an employee should receive during a sabbatical is subject to collective bargaining under the Higher Education Employer Relations Act.

Sincerely,

Arnold Schwarzenegger

AB 2404 (Klehs)

State government: reports: declarations.
Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, the Controller, and state legislative and other executive entities. This bill would additionally require any of these written reports required to be submitted by any state agency, board, or commission and specified reports required to be submitted to the Controller by any city, county, city and county, or transit district, to include a signed statement by the head of the agency, the chair of the board or commission, or the officer of the local agency, except as specified, declaring that the contents of the report are true, accurate, and complete to the best of his or her knowledge. The bill would provide that this requirement applies to the head of every state agency, board, or commission, including elected officials of the state and any state official whose duties are prescribed by the California Constitution. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2404 without my signature.

Although I agree that the Legislature should base their decisions on sound information that is true, accurate and complete, I believe that this bill is the wrong approach. By requiring that only mandatory reports submitted to the Legislature and State Controller contain signed statements attesting to their accuracy, this bill would create and inconsistent system in which some of the information considered in the legislative process is subject to declarations of truth, while the majority of the written material used in the legislative process is accepted as truth without such verification.

The Legislature already has the authority to question the accuracy of a report by requiring those responsible for submitting the report to attest to the accuracy of the report under oath. Given this legislative oversight and the fact that state law already makes it a misdemeanor for a state or local official to submit a written report containing false information to the State Controller, this measure is unnecessary.

Sincerely,

Arnold Schwarzenegger

AB 2423 (Wyland)

Instruction: science.
Existing law requires the adopted courses of study for grades 1 to 6, inclusive, to include, among other courses, a course in science, as specified. This bill would authorize the governing board of a school district to designate a credentialed teacher as a science coach at each elementary school, or provide staff development to teachers, in order to develop, coordinate, and provide instruction in an experimental science curriculum, as specified, and coach other teachers in the provision of that curriculum. The bill would prohibit the school district from using funds other than existing staff development funds to accomplish these purposes.

To the Members of the California State Assembly:

I am returning Assembly Bill 2423 without my signature.

Although meritorious in its intent to provide targeted science instruction in the elementary schools, this bill is unnecessary. Nothing in current law precludes school districts from designating a teacher as a science coach, or from providing staff development in science instruction at the local level.

Furthermore, this bill prohibits a district from using funds other than staff development funds for these purposes. This provision would restrict districts budgetary flexibility and prevent them from using other fund sources to support designated science coaches or provide this type of targeted professional development. It appears that this provision actually runs counter to the bills purported intent.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2445 (Salinas)

Instructional programs: State Seal of Biliteracy.
Existing law sets forth various requirements for the issuance of diplomas, certificates, or other documents conferred upon a pupil as evidence of completion of a prescribed course of study, including, among other courses of study, graduation from high school. Existing law establishes the Golden State Seal Merit Diploma for the purpose of recognizing pupils who have mastered the high school curriculum. This bill would establish the State Seal of Biliteracy to recognize high school graduates who have mastered speaking, reading, and writing skills in one or more languages, in addition to English. The State Seal of Biliteracy would be awarded jointly by the Superintendent of Public Instruction and the Governor. The bill would require each participating school district to determine the requirements necessary for a pupil to qualify for a State Seal of Biliteracy, as provided. The bill would require the State Department of Education to provide information to school districts so that the school districts can maintain pupil records and identify pupils who qualify for the seal, and to prepare and deliver to school districts the seal insignia. The bill would require each school district that awards high school diplomas and elects to participate in the program to maintain records in order to identify pupils who have earned a State Seal of Biliteracy and to affix an appropriate insignia to the diploma or transcript of each pupil who earns a State Seal of Biliteracy.

To the Members of the California State Assembly:

I am returning Assembly Bill 2445 without my signature.

While I recognize the importance of learning a foreign language, this bill would create a State Seal of Biliteracy for which there would be no uniform, statewide standards to determine if a student had earned this recognition. Without uniform, consistent standards, employers and college admission counselors in search of qualified candidates would not be able to rely on the State Seal as a valid indicator of bilingual proficiency.

Instead, standards of achievement would be set locally and would vary from district to district. As a result, the State Seal would not signify anything substantial. Local districts that would like to offer their students a seal of recognition based on their own standards may do so under current law without this bill.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2510 (Lieu)

Pupils: survey: harassment.
Existing law requires the Attorney General to conduct a biennial survey of drug and alcohol use among pupils enrolled in grades 7, 9, and 11, and to prepare and distribute a report on the findings of the survey, as specified. This bill would require the survey to also assess the experiences of pupils with harassment and bullying, as specified, and school-based drug and alcohol prevention programs, and would permit the survey to include the assessment of other related topics. The bill would change the timing for the release of the findings of the survey from May to September of each even-numbered year. This bill would require the Attorney General to prepare and distribute a separate report focusing on bias-related discrimination and harassment incidents, as specified. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2510 without my signature.

No child should ever be subject to harassment or discrimination of any kind. That is why current law prohibits such behavior and requires school districts to protect children from such actions in order to maintain a safe learning environment. The California Code of Regulations establishes the Uniform Complaint Procedures, which requires local education agencies to investigate any complaints alleging failure to comply with state and federal law, including any unlawful discrimination against any protected group as those identified in this bill.

This bill adds little to the prevention of bad behavior, but merely focuses on collecting information that is generally already known by principals, teachers, parents, and law enforcement.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2531 (Mullin)

Education finance.
Existing law requires the county superintendent of schools to determine a revenue limit for each school district in the county pursuant to a specified formula based on the base revenue limit of the school district for the prior year, adjusted for inflation, and the average daily attendance for the entire school district, as specified. This bill would, commencing with the 2007-08 fiscal year, change the method for calculating revenue limits for school districts. The bill would use the base revenues, as defined, for the 2005-06 fiscal year to calculate a base revenue amount per unit of average daily attendance for the 2007-08 fiscal year. The bill would calculate the revenue limit per school district for each fiscal year beginning with 2007-08 using the base revenue per unit of average daily attendance, a specified inflation adjustment, the average daily attendance in each grade span of the district, and the corresponding weighting factor for each grade span in the district. The bill also would establish a new equalization method for the new base revenue per unit of average daily attendance amounts, as specified. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2531 without my signature.

It is unclear that this bill is necessary as the current revenue limit formula already provides appropriate levels of funding for the different types of districts based on size (small, medium and large) and type (elementary, unified and high school). In addition, the current funding methodology used to calculate charter schools general-purpose entitlement appears to be effective in targeting funding based on grade-level.

Further, the Governors Advisory Committee on Education Excellence is currently examining matters of education funding, along with issues related to school governance structures, teacher recruitment and training, and the preparation and retention of school administrators. I am reluctant to enact any significant changes to the states school funding model before we have the benefit of reviewing the Committees work and involving stakeholders in a meaningful dialogue.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2556 (Jones)

Social services: childhood poverty.
Existing law creates the Department of Finance, and specifies the duties and responsibilities of that department. Existing law authorizes the Joint Legislative Budget Committee to appoint a Legislative Analyst and such other clerical and technical employees as may appear necessary. The California Constitution requires the Governor to submit to the Legislature a budget proposal on or before January 10 of each year. This bill would declare that it is a goal of the Legislature to reduce child poverty by one-half by January 1, 2016, and to eliminate it entirely by January 1, 2026. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2556 without my signature because it does not provide solutions to end child poverty, but rather is a policy statement more appropriately made in a resolution and considered through annual budget hearings.

As Governor, I have taken concrete steps to reduce childhood poverty including expanding health coverage for children and families through Medi-Cal and the Healthy Families program, investing in quality education, increasing the minimum wage, providing new funding to help families transition from welfare to work and expanding support for foster children and former foster youth.

My administration will continue to work diligently with stakeholders and the Legislature to reduce childhood poverty by connecting Californians to the services for which they are eligible and providing a healthy environment for economic growth. We must all think of new and creative ways to help empower California's children and families to improve their financial well-being.

Sincerely,

Arnold Schwarzenegger

AB 2578 (Frommer)

State property: California Hope Endowment and California Hope Public Trust.
Existing law requires each state agency to annually make a review of all proprietary state lands, with certain exceptions for, among other things, lands under the jurisdiction of specified state entities, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon to the Department of General Services. Existing law requires a state agency to transfer to the department jurisdiction of all land that is reported by the agency as excess and authorizes the department to sell or dispose of the property, and in recommending or determining the disposition of surplus lands, to give priority to proposals by the state that involve the exchange of surplus lands for lands listed in specified reports. Existing law requires the department to determine whether the land is needed by another state agency and authorizes the department to transfer the property to that agency on terms and conditions the department deems to be for the best interests of the state. The department is required to offer to local government agencies surplus land that is not needed by a state agency. Existing law requires the department to maintain a complete and accurate statewide inventory of all real property held by the state. The bill would establish the California Hope Public Trust in state government, to be governed and administered by a 9-member board consisting of appointees from the Governor, the Secretary of State and Consumer Services, the Treasurer, the Controller, the Speaker of the Assembly, and the Senate Committee on Rules. The bill would require the department by March 31, 2007, and no less than every five years thereafter, to submit to the trust a complete and thorough inventory of all state-owned real estate and property and all lease agreements between any state agency, and private or nonpublic management groups. The bill would require the trust by January 1, 2008, and no less than every 5 years thereafter, to review and recommend to the Legislature all real property owned or leased by the State of California whose management and control should be transferred to the trust. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2578 without my signature.

In 2004, the voters approved Proposition 60A which provided that the revenue generated by the sale of surplus property is to be used to pay off the debt from the Economic Recovery Bonds. This bill attempts to redirect those funds to other purposes. As admirable as those purposes are, it remains that the intent of the electorate was to reduce the States debt, and the Administration intends to abide by their will.

In addition, this bill would delegate important decisions regarding the allocation of State resources to a new entity, unaccountable to the people, and outside the annual budget process. In doing so, it would hamper the ability of the Legislature and the Governor to make such resource decisions that take into account all of the States needs.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2633 (Negrete McLeod)

Schools: district employees.
Existing law requires school districts and community college districts adopting the merit system in existing law for classified employees to appoint a personnel commission. Existing law requires the personnel commission to appoint a personnel director of the commission who is responsible to the commission for carrying out all procedures in the administration of the classified personnel in accordance with the requirements of existing law and rules of the commission. This bill would require the personnel commission, consistent with the commission rules applicable to all classified employees, to determine the compensation for, evaluate, and supervise the personnel director. The bill would require the personnel commission to make a biennial performance evaluation of the personnel director, thus imposing a state-mandated local program. The bill would authorize the exclusive representatives of classified employees of the applicable school or community college district and the district administration to participate in the biennial performance evaluation of the director of the personnel commission by completing an evaluation or comment form distributed by the commission. The bill would require the personnel commission to review the submitted evaluation and comment forms, if any, and would require the commission to consider them as part of the overall evaluation process. The bill would require the personnel commission to be responsible for completing the final evaluation. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2633 without my signature.

I am concerned that this bill, by establishing new requirements regarding the compensation, evaluation, and supervision of personnel directors, would result in significant reimbursable state mandated costs. Further, these provisions do not need to be codified since nothing in current law prevents a school district or community college district personnel commission from performing the specified activities.

However, I am supportive of the provision in the bill that address the need for large school districts to have additional flexibility from merit hiring rules in order to hire staff that possess special qualifications necessary for certain positions. Therefore, I am willing to consider a bill in the next session that would extend the sunset date of the flexibility provisions included in this measure, but that does not create unnecessary costs.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2645 (Parra)

Pupils: sun protection.
Existing law requires each schoolsite to allow pupils to wear articles of sun-protective clothing, including hats, for outdoor use during the schoolday. This bill would authorize pupils to wear hats for sun protection without a note from a parent or a physician. The bill would authorize each schoolsite to set a policy related to what is considered "outdoors" for purposes of the above provision of existing law. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning AB 2645 without my signature.

This bill is unnecessary since local districts already have the power and responsibility to protect their students from sunstroke and heatstroke. Education Code section 35183.5 already explicitly requires school sites to allow the outdoor use of articles of sun-protective clothing, including hats, and allows school sites to set policies regarding the type of sun-protective clothing permitted. Current law also already requires school sites to allow the use of sunscreen without a physicians note or prescription. I trust that school districts will adopt and enforce local policies to protect their students under the provisions of current law.

Finally, this bill allows school districts to adopt a policy related to what is considered outdoors for purposes of this bill. Since nothing in the Education Code currently prohibits this, school districts already have the authority to adopt policies regarding what in considered outdoors. Nonetheless, as a practical matter I doubt that many districts will need to adopt a clarifying policy on the difference between indoors and outdoors.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2748 (Jones)

Public postsecondary education: student housing reports.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the segments of public postsecondary education in the state. This bill would request the regents, and require the trustees, to each prepare a report containing specified data relating to various aspects of campus student housing and its impacts. The bill would request the regents, and require the trustees, to submit the reports to the Legislature on or before March 31, 2007.

To the Members of the California State Assembly:

I am returning Assembly Bill 2748 without my signature.

This bill would request the University of California (UC) and require the California State University (CSU) to each prepare reports containing specified data on student housing.

While this bill requires a great deal of data to be collected from UC and CSU, it is unclear how this data would be used to expand the availability of housing on university campuses. Without a clearer plan of how data would be used and how it will help address the intended problem, I am hesitant to impose substantial new reporting requirements on UC and CSU. In addition, this bill would require that data be submitted to the Legislature by March 31, 2007. This deadline seems to be an unrealistic deadline, providing the segments with very little time to collect, analyze, and prepare the data.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2756 (Levine)

Energy: efficiency retrofits: State Energy Conservation Assistance Account for Public Schools.
Existing law requires the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account, in the General Fund until January 1, 2011, to provide grants and loans to local governments and public institutions, as specified, to maximize energy use savings. This bill would require the Controller to transfer funds from the Ratepayer Relief Fund to an account in the Special Deposit Fund, to provide grants to eligible institutions, defined as a kindergarten and grades 1-12, inclusive, public school ranked academically as specified, for energy conservation projects at eligible institutions. The bill would transfer $22,235,000 from the Attorney General's Ratepayer Relief Fund to an account in the Special Deposit Fund for use by California public universities and community colleges. The bill would authorize moneys in the account, upon appropriation by the Legislature, to be used by a public university or community college for the purposes of the bill. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2756 without my signature.

This bill would transfer $22,235,000 from the Ratepayer Relief Fund established through a court settlement with Williams Companies to a special fund to be used for energy efficiency programs, research and curriculum in schools. While the intent of this bill may be meritorious, establishing a new undefined program in the school system to provide grants is not prudent. The funding should be transferred to one of the numerous energy efficiency programs already in existence so it can be productively invested as soon as possible to maximize benefits to ratepayers.

Sincerely,

Arnold Schwarzenegger

AB 2802 (Pavley)

Teacher credentialing: optional early childhood education credential.
Existing law requires the Commission on Teacher Credentialing to, among other things, establish professional standards, assessments, and examinations for entry and advancement in the education profession. Existing law requires the commission to award specified types of credentials to applicants whose preparation and competence satisfy its standards, including credentials for teaching specialties that include, among others, early childhood education. This bill would require the commission to establish an optional early childhood education credential for kindergarten and grades 1 and 2 that is to be incorporated into the multiple subject teaching credential and would provide that the teaching authorization of an early childhood education credential is equivalent to the full multiple subject teaching credential, except that there is to be a statement on the multiple subject teaching credential that the individual has completed an early childhood education emphasis. The bill would require the optional credential to consist of 24 units of early learning training, as specified. The bill would provide that these units of early learning training are to be incorporated into the existing multiple subject teaching credential program and are not to add more units to that program. The bill would require the commission, before it issues an optional early childhood education credential, to verify that the individual is appropriately trained to teach in kindergarten and grades 1 to 8, inclusive. The bill would require the commission to use existing resources to implement the bill's provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2802 without my signature.

The bill establishes an optional early childhood education (ECE) credential for grades K-2 to be incorporated into the multiple subjects teaching credential. Such a credential would merely show that the multiple subjects credential holder has completed a program emphasis on ECE. This information can be shared in the application and interview process. Adding another credential only complicates a credentialing process already in need of streamlining.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2810 (Liu)

Private postsecondary 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 establishes in the Department of Consumer Affairs 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. This bill would instead provide that the act would become inoperative on July 1, 2008, and would be repealed on January 1, 2009, thus extending the period of the operation of the act by one year. By extending the operation of the provisions of the act that establish crimes, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2810 without my signature.

I support meaningful protections for students of California's private postsecondary and vocational institutions which is why my Administration and the Legislature worked together to craft a meaningful reform package this year. Unfortunately, the reform measure, SB 1473 did not pass out of the Legislature this year.

The fundamental problems with the Private Postsecondary and Vocational Education program have been studied extensively and well documented over the years. In 2004, I signed SB 1544 which appropriated $150,000 to study this program and make recommendations on how to fix it. The Bureaus Operations and Administrative Monitor, issued an exhaustive report in September 2005, stating that the statutes were fundamentally flawed and without complete statutory reform the program would destined for failure. AB 2810 does nothing to address the numerous deficiencies and merely calls for yet another study. How many studies will it take and how many tax dollars must be spent to recognize that this program is not working because of the fundamental flaws in the statutes that govern the program?

Simply extending the existing governing statute until July 1, 2008, as AB 2810 proposes, does nothing to enhance protections for students, allows problems that have been well documented to continue to exist and merely allows mediocrity for California's students. I would like to see a proposal with the necessary reforms, and I will be releasing a preprint version of legislation shortly that provides for comprehensive reform. I want to work with the Legislature to pass legislation early next year so that our students will have the protections they deserve.

For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2825 (Ruskin)

Schoolsites: hazardous emissions and substances: environmental impact.
Existing law, the Leroy F. Greene State School Building Lease-Purchase Law of 1976, provides bond funds for the construction, reconstruction, modernization, and replacement of school facilities and the performance of deferred maintenance activities on school facilities. Existing law prohibits 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 hazardous air emissions or hazardous or acutely hazardous materials, substances, or waste are satisfied, including the identification of specified facilities within that district's authority and the making of specified written findings regarding the health risks from the facilities, corrective measures, potential mitigation measures, or a severe shortage of sites. This bill would revise those provisions to additionally require the identification of both existing and proposed facilities, as defined, that emit hazardous air emissions or handle extremely hazardous substances, hazardous substances, or hazardous waste within that school district's authority, thereby imposing a state-mandated local program by imposing new duties upon school districts. The bill would require an administering agency, city, county, air pollution control district, or air quality management district that receives a specified notification from a lead agency to provide requested information regarding existing and proposed facilities. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2825 without my signature.

This bill would require a school district, in preparing an environmental impact report for a proposed school site, to identify any proposed facilities that, if built, could emit hazardous air emissions or handles specified hazardous substances within one-fourth of a mile of the proposed site.

I am concerned that this bill would impose unnecessary additional costs on school districts requiring them to identify and review potential impacts of proposed facilities that may never be built. Current law provides assurances that schools will not be built near sites containing actual air emissions which could be harmful to school children and faculty.

Sincerely,

Arnold Schwarzenegger

AB 2881 (Mullin)

State preschool programs.
The Child Care and Development Services Act provides a comprehensive, coordinated, and cost-effective system of child care and development services for children to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law requires the Superintendent of Public Instruction to administer all state preschool programs, as specified, for prekindergarten-age children, in accordance with specified funding priorities, and to contract with public or private entities or agencies, as specified, to operate a state preschool program. Existing law specifies that these programs shall include, but not be limited to, part-day and preschool appropriate programs for prekindergarten children 3 to 5 years of age in educational development, health services, social services, nutritional services, parental education and parental participation, evaluation, and staff development. Existing law defines "state preschool services" as part-day educational programs for low-income or otherwise disadvantaged prekindergarten-age children. This bill, instead, would define "preschool services," as part- or full-day educational programs for prekindergarten-aged children, as described above. The bill would establish separate provisions requiring the Superintendent to administer state part-day and full-day preschool programs, respectively. The bill would prescribe requirements, as specified, for part-day and full-day preschool programs. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2881 without my signature.

As is evidenced by my targeted preschool initiative that was enacted through AB 172 this year, I am an advocate for providing working families the opportunity for a preschool program that takes into account the need for full day accommodation. However, last year I vetoed a nearly identical bill as this one, AB 927 (Mullin). Changing the name of the preschool program and codifying existing practice already outlined in contractual agreements with the California Department of Education is not the most effective way to accomplish the goals of this bill. My Administration is committed to working with early childhood development, pre-K professionals, and other stakeholders to continue to advance the goals of this bill.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2913 (Frommer)

Teaching credentials: subject matter examinations: Armenian language.
Existing law requires the adequacy of subject matter preparation and the basis for assignment of certified personnel in public schools to be determined by the successful passage of a subject matter examination, as specified. Existing law authorizes the commission to establish guidelines for accepting assessments performed by organizations, as specified, to determine the adequacy of that preparation in languages for which there is no adequate examination. Existing law requires the commission to submit an expenditure plan for the development of a subject matter examination in the Filipino language to the Department of Finance and to contract with an entity for the development, for certification by the commission, a subject matter examination in the Filipino language, to be administered no later than September 1, 2008. This bill would require the commission to submit a development and expenditure plan for a subject matter examination in the Armenian language to the Department of Finance no later than January 1, 2007. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 2913 without my signature.

There is no need for the Commission on Teacher Credentialing (CTC) to develop an expenditure plan for the development of an Armenian foreign language subject matter exam, since the 2006 Budget Act provides specific funds for the development of an examination template and prioritizes the languages for test development. Nothing precludes the CTC from developing assessments simultaneously, but this bill circumvents the currently established prioritization.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2929 (Laird)

Apprenticeship oversight.
Existing law requires the Division of Apprenticeship Standards to randomly audit all apprenticeship programs during each 5-year period commencing January 1, 2000, to ensure compliance with specified requirements, including any industry-specific training criteria established by the California Apprenticeship Council. This bill would eliminate the requirement that the division conduct random audits during 5-year periods and would instead direct the division to conduct audits of apprenticeship programs generally. The bill would further require the division to audit a new or newly expanded building and construction trades industry apprenticeship program one year after its approval for creation or expansion, and would require the division to immediately conduct an investigation of an apprenticeship program of this type to determine whether an audit is necessary if the division finds evidence that the program has purposely misstated information provided to the division. In addition, the bill would require the division to schedule an audit of a program of this type within 3 months if the program has been the subject of 2 or more meritorious apprentice complaints within a 5-year period, or if the program's annual apprentice completion rate is below 50% of the average completion rate for the applicable trade. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2929 without my signature.

As a result of an historic investment in transportation and infrastructure funding, California will need thousands of new apprentices in the building and constructions trades in the coming years. This bill would change the procedures by which apprenticeship programs are approved and then subsequently audited by the Division of Apprenticeship Standards. Unfortunately, the provisions of this bill could hinder, not help, California's ability to meet its pending need for apprentices.

Specifically, this bill attempts to streamline the audit process of apprenticeship programs to ensure the most efficient use of limited auditing resources. Unfortunately, this bill focuses too heavily on audits of new programs and does not provide for sufficient audits of exiting programs. A recent audit of the California Division of Apprenticeship Standards emphasized the importance of a comprehensive audit program, including auditing existing programs.

This bill also fails to address the impact of a 1999 law that prevents a new apprenticeship program from being approved if a similar program already exists in the same geographic area. Not only does this law prevent fair competition, but it will impede the development of the new apprentices our state will need in the coming years.

For these reasons, I am returning AB 2929 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 2937 (Pavley)

Pupils: high school exit examination.
Existing law requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to develop a high school exit examination in English language arts and mathematics in accordance with state academic content 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 State Department of Education to conduct a study to determine which of the California Standards Tests, or combination of those tests, is equivalent to the English language arts portion or the mathematics portion of the high school exit examination, and the performance level on the test or tests that is equivalent to a passing score on the pertinent portion of the high school exit examination, and to report its findings to the Legislature. The bill would require the department to recommend in that report whether or not specified proposals should be considered by the Legislature, including whether a pupil who takes a California Standards Test, or combination of those tests, determined by the department to be equivalent to the English language arts portion of the high school exit examination, and scores at a performance level determined by the department to be equivalent to a passing score on that portion of the high school exit examination, should be deemed to have passed that portion of the high school exit examination and whether a pupil who takes a California Standards Test, or combination of those tests, determined by the department to be equivalent to the mathematics portion of the high school exit examination, and scores at a performance level determined by the department to be equivalent to a passing score on that portion of the high school exit examination, should be deemed to have passed that portion of the high school exit examination.

To the Members of the California State Assembly:

I am returning Assembly Bill 2937 without my signature.

This bill would require the California Department of Education to conduct a study to determine which of the California Standards Tests (CSTs) are equivalent to the English language arts or math portions of the California High School Exit Exam (CAHSEE) and the performance levels that are equivalent to passing scores on its two corresponding parts.

The CAHSEE has withstood every kind of scrutiny possible. A long-running external evaluation of CAHSEE has determined that it tests what it was designed to test, that it is unbiased, and that it is reliable. Given that the CAHSEE has only been a condition of high school graduation for one year, it is premature to even consider potential changes to existing state policy.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2954 (Liu)

School districts: charter school petitions.
Existing law, 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 add the finding that a charter school would have a negative fiscal impact, as defined, on the school district where it is located to the list of findings that the governing board of a school district may rely on to deny a petition. The bill would also authorize the governing board of a school district, as a condition of approving a petition, to require that a charter petition describe the method, as part of the required reasonably comprehensive descriptions, by which the charter school will provide free and reduced price meals to eligible pupils. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2954 without my signature.

While I understand the plight of school districts faced with fiscal challenges of declining enrollment and other management issues, I cannot condone allowing them to deny parents and students their rights to petition for the establishment of a charter school. In essence, this bill would grant school districts the authority to punish charter petitioners because of problems caused by their own fiscal management issues or their unwillingness to make tough decisions, or both.

In addition, allowing school districts to require, as a condition of approval, that the petition describe how the charter school will provide free and reduced-priced meals to eligible pupils would simply provide districts with another pretext on which to deny a charter. Charter schools are generally exempt from most laws and regulations governing school districts and they should continue to be exempt from this one.

In sum, this bill runs counter to the intent of charter schools, which is to provide parents and students with other options within the public school system and to stimulate competition that improves the quality not only of charter schools, but of non-charter schools as well.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2975 (Hancock)

Public schools: state and federal accountability.
Existing federal law requires that each school demonstrate adequate yearly progress and bases this measurement, in part, on the level of proficiency achieved by pupils in that school, as shown through standardized testing and as determined by each state, in order to not have to meet additional, program improvement requirements. Existing state law requires pupils to take specified standardized tests, including the high school exit examination, except as specified. This bill would require the definition of "proficient" for purposes of calculating adequate yearly progress under the federal No Child Left Behind Act as it relates to the requirements for grades 9 to 11, inclusive, shall be set at the level needed to pass the state high school exit examination, as of July 1, 2007. The bill would require the state board to define "proficient" for grades 2 to 8, inclusive, at a level consistent with developing the skills needed to pass the high school exit examination for each grade and subject area, as of July 1, 2007. This bill would require the state board to report to the education and budget committees of the Legislature on its plan for implementing the changes to the definition of "proficient" by March 31, 2007. The bill would require the plan to include the date the board will submit the change in the definition of "proficient" to the United States Department of Education, an estimate of how the change will affect the likelihood that each school and district in the state will make adequate yearly progress under the federal act in 2007, and a plan for notifying each school and district of the change and how it affects their status under the accountability provisions contained in the federal act.

To the Members of the California State Assembly:

I am returning Assembly Bill 2975 without my signature.

Redefining the level of academic achievement necessary to designate students as proficient does not make the students proficient.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2992 (Evans)

California State University.
The California State University Contract Law requires the Trustees of the California State University to obtain specified financial information and the completion of a standard questionnaire with respect to prospective bidders for contracts estimated to exceed the value of a minor capital outlay project, as described. Existing law requires the questionnaire and financial statement to be verified under oath, as described. Existing law also requires the trustees to award the contract for the public works project to the lowest responsible bidder, as specified. This bill would require the trustees to give notice to all prospective bidders for contracts that exceed the value of a minor capital outlay project, as specified, that bidders will not be deemed responsible bidders unless all mechanical subcontractors listed to perform work that exceeds $1,000,000, submit answers to questions contained in a standard form of questionnaire and a financial statement including a complete statement of the prospective mechanical subcontractor's financial ability and experience in performing public works projects and are listed on the trustees' registry of qualified and responsible mechanical subcontractors, as created by the trustees, for 30 days prior to the bid opening subject to specified requirements. This bill would authorize the trustees to waive the requirement that a subcontractor is to be listed on the registry of qualified and responsible mechanical subcontractors, as specified. This bill would require the subcontractor to verify the questionnaire and financial statement under oath, as described. In its application to local agencies, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2992 without my signature.

This bill would require the California State University (CSU) to prequalify all mechanical subcontractors for each public works project that exceeds $1,000,000 in cost.

The need for this bill is unclear as neither the sponsor nor the author were able to identify specific examples of the failure of current law related to subcontractors qualifications or evidence that using non-prequalified subcontractors has resulted in substandard work at CSU. Current law and practice help to ensure proper oversight of subcontractors. Specifically, if a subcontractor is performing below standards on a CSU project, the general contractor is asked to replace that subcontractor. If such action fails to remedy the problem, current law allows CSU to remove a non-performing subcontractor itself.

Furthermore, I am concerned that this bills subcontractor prequalification requirements could result in CSU receiving less subcontractor participation in their bids resulting in higher costs and additional delays on their public work projects.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 160 (Cedillo)

Student financial aid: eligibility: California Dream Act.
Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001-02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempted from paying nonresident tuition at the California Community Colleges and the California State University. This bill would enact the California Dream Act, which would require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and would request the Regents of the University of California, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate::

I am returning Senate Bill 160 without my signature.

I applaud all young people who work hard, graduate high school and attend college.

Current law allows undocumented students who have attended a California high school for three years and graduate from a California high school to attend a state college and get a reduced in state tuition rate but not be eligible for public financial aid dollars. California has over 100,000 students here legally who apply annually for financial aid to attend college, and our state has limited funds available for this important purpose.

While I do not believe that undocumented children should be penalized for the acts of their parents, this bill would penalize students here legally by reducing the financial aid they rely on to allow them to go to college and pursue their dreams.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 486 (Migden)

Local government finance.
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund (ERAF) in that county for allocation to school districts, community college districts, and the county office of education. This bill would prohibit a county superintendent of schools from allocating excess ERAF moneys to a licensed children's institution. This bill would also specify that excess ERAF money allocations made to county superintendents of schools for special education programs do not offset state aid made pursuant to other specified statutes. This bill would state legislative findings that this provision is a clarification of existing law. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 486 without my signature.

In my veto message for Senate Bill 485 last year, I requested that the interested parties meet with the Department of Finance to resolve this issue in a manner equitable to both the state and the county. In spite of the best efforts of the Department and the county, the bill before me proposes the same solution as that contained in Senate Bill 485 which does not provide an equitable resolution for both the state and the county.

While I am vetoing this bill, I would consider future legislation that would resolve this issue in a manner that is equitable both for the state and affected localities. In particular, I am willing to consider legislation that would provide some relief to counties that are unfairly burdened with a large population of pupils with exceptional needs who are referred to other counties where higher quality out-of-home care programs exist.

Sincerely,

Arnold Schwarzenegger

SB 560 (Migden)

Career technical education: school district reporting.
Existing law requires school districts to adopt a course of study for grades 7 to 12, inclusive, that includes, among other things, career technical education. This bill would require a school district offering grades 9 to 12, inclusive, that discontinued any career technical education courses or closed any career technical education facilities during the 2002-03, 2003-04, 2004-05, or 2005-06 school years, to submit to the State Department of Education a report on those discontinued courses and closed facilities, as specified, if the school district is required to provide the data to the department or the State Allocation Board as a condition of receiving career technology facility modernization funding made available by a bond act adopted after January 1, 2007. This bill would require the department to develop and post on its Internet Web site a document that school districts may use to report the required data online. The bill would require the department, by January 1, 2009, to summarize the reports and submit a report of its summary to the Legislature.

To the Members of the California State Senate:

I am returning Senate Bill 560 without my signature.

I am very excited about the reinvigoration of career technical education (CTE) in the schools, and I have devoted $100 million this year to programs and projects that promote the upgrading of facilities and equipment and the creation and expansion of programs that articulate and sequence to postsecondary and certificate programs. Additionally, my proposal to infuse CTE with an additional $500 million in bond funds so that our state can create the infrastructure to support our expansion of CTE programs, will go to the voters for approval this November.

However, this bill is premature. The activities required by the bill apply only if bond is adopted after January 1, 2007 and if the information is required as a condition of receiving those bond funds. If the Legislature wants to require applicants to provide specified information as a condition of receiving bond funds, those provisions should be included as part of the next school bond measure that it approves.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 696 (Escutia)

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 requires the board to encumber the State Instructional Materials Fund for the purpose of establishing an allowance for each school district that the district may use for certain purposes relating to the acquisition of instructional materials, including purchasing materials adopted by the state board for kindergarten and grades 1 to 8, inclusive. Existing law requires the state board to specify the percentage of a district's allowance that is authorized to be used for each of the specified purposes. This bill, notwithstanding the provisions of existing law specified above, would authorize a school district to expend for kindergarten and grades 1 to 8, inclusive, not more than 30% of the district's allowance to purchase standards-aligned instructional materials selected by the school district, upon compliance with certain requirements. The bill would also make a conforming change in a related provision of existing law.

To the Members of the California State Senate:

I am returning Senate Bill 696 without my signature.

I have previously vetoed bills with similar intentions in the past two years because I believe that California's current standards-aligned textbook adoption process ensures that classroom curriculum is rigorous, and research-based.

I continue to believe that California's students are best served when they receive the highest level of instructional quality, and therefore I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 697 (Kuehl)

Child care: provider organization: representation.
Existing law provides employees of public schools with the right to be represented in specific matters, including terms and conditions of employment. This bill would authorize family child care providers, as defined, to choose whether to be represented by a single provider organization, as defined, that would be selected pursuant to a specified petition and election process. The bill would state the intent of the Legislature that the state action exemption to the application of federal and state antitrust laws be fully available to the extent that the activities of the family child care providers and their representatives are authorized under this article. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 697 without my signature.

I support efforts to improve the quality of child care and to increase the availability of child care. Unfortunately, collective bargaining would inappropriately limit the states flexibility to determine reimbursement rates for state-subsidized child care. To the extent that family child care provider reimbursement rates for state-subsidized child care are increased, funding for child care programs would need to be increased. Such increases could come at the expense of the number of available child care slots or other child care services being reduced.

I am concerned that this bill results in providers caring for subsidized children being reimbursed at rates much higher than those which non-subsidized families can afford, state reimbursement payments would drive the market and make child care too costly for low-income families that are not receiving child care subsidies.

This bill has the potential to add significant fiscal pressure to the states structural budget deficit and/or reduce the number working families for which subsidized child care slots could be provided by authorizing family child care providers to select a provider organization for the purpose of negotiating increased child care reimbursement rates and benefits with state entities that administer state-funded public subsidies for child care services. In light of the current structural budget deficit, it is imperative that we balance our fiscal reality and the need to provide services to working families.

In addition, I do not believe this bill is necessary because family child care homes currently receive prevailing market rates for their services. They are reimbursed for the state subsidized families they serve at same rate as that paid by the non-subsidized families they serve.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 812 (Soto)

Schools: education technology: access and instructional integration.
Existing law, the Classroom Instructional Improvement and Accountability Act, requires each school district that maintains an elementary or secondary school to develop and implement a school accountability report card, as prescribed. This bill would require the State Department of Education, on or before April 1, 2007, to establish common data elements to determine the extent of educational technology access and instructional integration in the public schools. The bill would further require the department, on or before July 1, 2007, to consider and recommend appropriate methods to collect, analyze, and publish the extent of educational technology access and instructional integration, and, on or before October 1, 2007, to the extent funds are made available in the annual Budget Act, to collect data and adapt existing data sources to facilitate reporting of information related to the educational technology access and instructional integration into curriculum and instruction. The bill would require the department, using the data collected, to, on or before January 1, 2008, and on or before January 1 of each year thereafter, post the data on its Internet Web site. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 812 without my signature.

This bill is substantively similar to SB 1006 (Soto), which I vetoed last year.

I strongly support increasing technology access in schools, but this bill is not necessary to achieve that objective. The California Department of Education (CDE) currently collects data on technology access and instructional integration in the schools using the California Technology Survey and the California Technology Assistance Project/EdTechProfile Website. I am concerned that creating a different reporting tool may place duplicative reporting requirements on schools. Nothing precludes the CDE from modifying the data elements collected through these existing efforts, if data collected does not provide sufficient information. Since these changes could be done without legislative authority, I will have my Secretary of Education work with Superintendent O'Connell to coordinate any effort to facilitate the collection of technology data.

Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 832 (Perata)

Punitive damages.
Existing law provides that in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. This bill would provide, with respect to an action filed after August 16, 2004, that results of a final judgment or settlement that is rendered on or before June 30, 2011, and includes punitive damages, that the punitive damages shall be apportioned according to a specified formula. Pursuant to this formula, 25% would be paid to the plaintiff or plaintiffs and 75% of the award would be paid to the Director of the Department of Finance for deposit into the Public Benefit Trust Fund, which would be created by the bill. The fund would be administered by the Department of Finance. Of the amounts deposited into the fund, 25% would be continuously appropriated to pay the plaintiff's attorney, as specified, and the remainder would be available for annual appropriation in the Budget Act, to be used for purposes consistent with the nature of the award, as specified. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 832 without my signature.

SB 832 seeks to extend the sunset on Section 3294.5 which was added to the Civil Code relating to punitive damages. While I have been supportive of the policy in the past and signed SB 1102 that contained the original provision which sunset on July 1, 2006, this bill was amended late in the legislative session and did not provide an opportunity for sufficient hearings to determine whether this policy has been effective or not.

I encourage the author to reintroduce the bill next year and allow a full debate on the effectiveness of the policy.

Sincerely,

Arnold Schwarzenegger

SB 842 (Torlakson)

Teacher development: recruitment, training, and retention.
Existing law establishes the National Board for Professional Teaching Standards Certification Incentive Program to award grants to teachers who, among other things, have attained certification from the National Board for Professional Teaching Standards. Under the program, a teacher attaining a national board certification is eligible for an award of up to $20,000 if he or she agrees to teach at a high-priority school for at least 4 years. This bill, to the extent that funds are appropriated for this purpose in the annual Budget Act, and in order to defray the expense of attaining certification from the National Board for Professional Teaching Standards, would authorize the State Department of Education to provide state funds to school districts for the purpose of paying the fees of teachers who seek that certification, are employed by school districts or charter schools, and are assigned to teach in California public schools. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 842 without my signature.

Recognizing the importance of this issue recruiting and retaining quality teachers into the profession, my Administration has worked in close collaboration with the Legislature on related legislation and numerous related budget initiatives to address the issue. That is why I have signed Senate Bill 1209, authored by Senator Jack Scott to directly act on issues such as streamlining credentialing requirements, breaking down barriers for out-of-state teachers wanting to teach in California, strengthening teacher preparation and induction, creating personnel efficiencies, and encouraging districts to negotiate alternative salary schedules have all been targeted by key new initiatives. In addition, full funding for these efforts has been included in the 2006 Budget Act.

Given the comprehensive nature of the related reforms that my Administration has approved, and the concern I have that this bill includes conflicts and duplications with those related measures, I cannot sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 924 (Speier)

Driving schools: motortrucks: Class A commercial driver's licenses.
Existing law, 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 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. By its own terms, the act becomes inoperative on July 1, 2007, and is repealed as of January 1, 2008. This bill would prohibit an institution or representative of an institution, as specified, from reducing the wages of a trainee in order to recover the cost of training unless specified conditions are met. The bill would also prohibit the institution from advertising its training as free if a trainee is required to enter into specified agreements in order to receive the training. A willful violation of these provisions would be a crime, and thus the bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 924 without my signature.

This bill would establish additional requirements on truck driving schools regulated by the Bureau of Private Post-Secondary and Vocational Education. Although I am supportive of efforts to ensure appropriate oversight of these schools, this bill imposes new workload requirements on the Bureau without responding to the need for significant changes to fix the Private Postsecondary and Vocational Education Reform Act of 1989.

The fundamental problems with the Private Postsecondary and Vocational Education program have been studied extensively and well documented over the years. In 2004, I signed SB 1544 which appropriated $150,000 to study this program and make recommendations on how to fix it. The Bureaus Operations and Administrative Monitor issued an exhaustive report in September 2005 stating that the statutes were fundamentally flawed and without complete statutory reform the program would be destined for failure. I cannot support imposing additional workload on the program until we have addressed the issues raised in the Monitors report.

For these reasons, I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

SB 1142 (Alquist)

Instructional programs: Science Teacher Development Act.
Existing law establishes the Mathematics and Reading Professional Development Program, which is administered by the Superintendent of Public Instruction with the approval of the State Board of Education. Under this program, a local education agency, as defined, receives incentive funding to provide training in mathematics and reading to teachers and to provide training to instructional aides and paraprofessionals, as defined, who directly assist with classroom instruction in mathematics and reading. This bill would establish the Science Teacher Development Program by enacting provisions relating to science instruction that are similar to the existing Mathematics and Reading Professional Development Program. The bill would make the Science Teacher Development Program inoperative on July 1, 2012, and repeal it on January 1, 2013.

To the Members of the California State Senate:

I am returning Senate Bill 1142 without my signature.

I applaud the authors efforts to establish a science-specific program of professional development for teachers. The costs associated with this bill are in excess of $415 million that were not approved by the Legislature in this years State Budget Act. Absent the funding available in the Budget, this bill would likely create pressure to reduce the funding provided for the Mathematics and Reading Professional Development Program to be redirected to this program. It is vital that we do not redirect resources from focusing on providing professional development that is targeted to math and reading, the cornerstones of a solid educational foundation.

I support the professional development of science teachers in California classrooms, but would like to have the Legislature work with the Administration and all interested parties when prioritizing funding for inclusion in the final State Budget before I can sign a measure like this.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1193 (Bowen)

Pupil attendance: precinct board membership.
Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that excused absences for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. This bill would include within those provisions the attendance of a pupil serving as a member of a precinct board, as specified, and would exempt that pupil from the requirement that they participate in that activity for 5 or more consecutive schooldays if, among other things, the pupil is required to complete a report or written assignment on the subject of the activities engaged in by the pupil while serving as a member of a precinct board. The bill would require the teacher of any class from which a pupil is absent to ensure that the report or written assignment is submitted within a reasonable time after the activities are completed. This bill contains other existing laws.

To the Members of the California State Senate::

I am returning Senate Bill 1193 without my signature.

I vetoed a substantively similar bill in 2004. This bill would allow schools to receive funding for time when students are volunteering as an elections precinct board member. While civic and other volunteer activities can offer many educational opportunities to students, these activities should be in addition to, and not in place of, valuable classroom learning time with a teacher.

For this reason, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1290 (Ducheny)

Community colleges: facilities.
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 throughout the state under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses. This bill would require that each school building, as defined, constructed, reconstructed, modified, or expanded on or after January 1, 2007, on a community college campus be built in accordance with the Field Act or according to the California Building Standards Code, as adopted by the California Building Standards Commission. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1290 without my signature.

The provisions in this bill are already contained in the education bond measure that will appear on the November 2006 ballot, and will become operative if the electorate passes the measure. Therefore, this bill is unnecessary.

For this reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1356 (Lowenthal)

Suicide prevention.
Existing law, the California Suicide Prevention Act of 2000, authorizes the State Department of Mental Health to establish and implement a suicide prevention, education, and gatekeeper training program to reduce the severity, duration, and incidence of suicidal behaviors. This bill would establish the California Suicide Prevention Act of 2006, and would require, by May 1, 2008, the State Department of Mental Health, in consultation with specified state departments, to adopt and distribute a statewide strategic suicide prevention plan that incorporates, to the extent appropriate and feasible, the strategic plan developed by the Suicide Prevention Advocacy Network-California and guidelines to counties and local mental health departments to consider for Proposition 63 funding. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1356 without my signature. Suicide prevention is an important and serious issue that is appropriately an area of focus of the Mental Health Services Act and the Department of Mental Health's work. Specifically, the Act sets forth reducing suicides as a goal of state and local early intervention programs funded by the Act, and makes significant resources available for prevention and early intervention activities, including initiatives to address suicide prevention. In addition, my 2005-06 and 2006-07 budgets provided fun ding for the Department of Mental Health to undertake suicide prevention activities and provide support for local suicide prevention efforts.

I agree with the goal of SB 1356 to provide a plan to better coordinate state and local suicide prevention efforts. Given the requirements of the Act and the efforts already underway, the goals of this bill can best be addressed administratively, and do not require a statutory mandate. Therefore, I am directing the Department and the Health and Human Services Agency to build on the work done by the California Suicide Prevention Advocacy Network and coordinate with all interested constituency groups and state and local agencies in the development of a statewide strategic plan on suicide prevention no later than May 1, 2008.

Sincerely,

Arnold Schwarzenegger

SB 1395 (Ducheny)

Environmental quality: Native American sites.
The California Environmental Quality Act (CEQA) requires a lead agency to evaluate whether an activity is a project subject to CEQA or comes within an exemption, and if the activity is determined to be a project to prepare, or cause to be prepared, and certify the completion of, an environmental impact report or to adopt a negative declaration, as required. CEQA provides for specified exemptions from its provisions. This bill would require a lead agency that determines that a project is exempt from CEQA for one of various specified reasons to notify in writing, within 10 days of that determination, all Native American tribes identified by the California Native American Heritage Commission as having an interest in the area that includes the site of the project, of specified information, including the location and a description of the project, a brief explanation of why the project was determined to be exempt from CEQA, and a single point of contact at the lead agency for use by a tribe to contact the lead agency about the exemption or project. The bill would require the single point of contact to be available to a Native American tribe regarding the exemption, project, or area that includes the site of the project, as specified. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1395 without my signature.

This bill places unnecessary obligations on state and local agencies in times of emergency and could hinder completion of important public safety projects. Specifically, this measures notification and information exchange requirements would result in lead agencies having to enter into potentially lengthy discussions with Native American tribes during critical times before or after an emergency. While I agree with the measures intent to enhance environmental protections for Native American sacred sites, such protections should not potentially endanger the health and safety of California citizens.

Sincerely,

Arnold Schwarzenegger

SB 1432 (Lowenthal)

Mello-Roos districts.
Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes a local agency to establish a district to finance public facilities and various services by the imposition of special taxes and the issuance of bonds. This bill would add other services that may be financed by a district and specify that the services may not be funded by the issuance of bonds. The bill would authorize a district to fund programs to create incentives for or to subsidize lower income housing. The bill would make various revisions and additions concerning procedures and required notices and would make other related and conforming changes.

To the Members of the California State Senate:

I am returning Senate Bill 1432 without my signature.

Since the enactment of the Mello-Roos Community Financing Act of 1982, Mello-Roos taxes have been used to finance the construction of schools, parks, police and fire service, streets, and other services needed to accommodate new home development. This bill makes a number of technical amendments and clarifications which I find unobjectionable.

However, this bill also contains a provision that would allow Mello-Roos taxes to be imposed on homeowners in order to finance affordable housing projects. This provision represents a fundamental shift in the purpose of Mello-Roos taxes and is one that I cannot support. While I support the construction of much-needed affordable housing in our state, the burden to finance that construction should not be placed on homeowners in the form of what is essentially a tax increase.

Sincerely,

Arnold Schwarzenegger

SB 1471 (Kuehl)

Sex education programs: requirements.
Existing law establishes requirements for the provision of sex education. This bill would enact the California Community Sexual Health Education Act, which would require any program that provides education to prevent adolescent or unintended pregnancy or to prevent sexually transmitted infections and that is conducted, operated, or administered by the state or any state agency, or is funded directly or indirectly by the state, or receives any financial assistance from state funds or funds administered by the state, including, but not limited to, public schools, to meet specified requirements. This bill contains other existing laws.

To the Members of the California State Senate:

California has been a national leader in reducing the rate of teen pregnancy by implementing a multi-faceted sex education and pregnancy prevention program that includes mentoring, youth development, and the use of various sex education curriculums. I believe a key strength of California's program has been its ability to support organizations to design and implement programs that meet the needs of their local community.

I am unable to support Senate Bill 1471 because it imposes new restrictions on California's community-based pregnancy prevention programs and their funding, thereby encroaching on local decision making.

Sincerely,

Arnold Schwarzenegger

SB 1510 (Alquist)

School accountability: report card.
Existing law, the Classroom Instructional Improvement and Accountability Act, requires the governing board of each school maintaining an elementary or secondary school to develop and cause to be implemented for each school in the district a school accountability report card that includes assessments of various school conditions, as specified. The existing act prohibits any change to its provisions, except a change to further its purposes enacted by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor. This bill would delete certain items from the list of school conditions for which assessments are required to be included in the school accountability report card, including the quality of school instruction and leadership, the degree to which pupils are prepared to enter the workforce, and whether the school qualifies for the Governor's Performance Award Program. The bill would state legislative findings and declarations that the changes made to the existing act by those provisions further the purposes of the existing act. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1510 without my signature.

The purpose of the School Accountability Report Card (SARC) is to ensure that parents, teachers, students, and the general public have access to information about schools so that they can compare schools, and determine where children will be best served. However, over the years the SARC has encompassed so many different types of information that it can be unwieldy for average Californians to easily decipher the most relevant pieces of information presented.

While this bill moves in the right direction in attempting to streamline the SARC, instead of a piecemeal approach, I prefer that my Administration and the Legislature work with the California Department of Education and the State Board of Education to achieve a comprehensive overhaul of the SARC so that it is more user-friendly to anyone that receives it or that would want to access the information online over the Internet. Among other things that should be highlighted in the SARC, I believe Californians want a higher level of fiscal transparency, particularly information that identifies how much money is actually spent for direct classroom instruction, or for services that directly improve the academic achievement of students. Parents should be able to easily compare schools, how the funds are being used in their child's school, what services and classes are offered, the experience level of the teachers and principal and the academic results. We should also consider reformatting the display of the SARC so that the most relevant information is highlighted up front.

I look forward to signing a bill that will make these changes. Until that time, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1533 (Scott)

Paraprofessional teachers.
Existing law establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. Existing law requires the Commission on Teacher Credentialing, in consultation with certain other educational entities, to select, pursuant to specified criteria, 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. This bill would modify the criteria for selection of applicant school districts and county offices of education by requiring consideration of the extent to which the applicant's plan for recruitment includes candidate selection criteria based, in part, on demonstrated classroom performance and success in professional development activities provided by the applicant. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

The California School Paraprofessional Teacher Training Program serves as a valuable teacher pipeline to bring qualified and committed teachers into our classrooms. However, there does appear to be a need to make some programmatic changes in order to ensure that the program is both effective and efficient and results in the highest possible number of participating teachers receiving their teaching credential.

To that end, I find many of the changes proposed in this bill to be meritorious. However, this bills specific language leaves too much discretion to the districts and the Commission on Teacher Credentialing which could drive cost pressures and may increase the incidence of non-completers. Further, this bill's changes to the participant selection process, while moving in the right direction, do not go far enough to ensure the highest rate of completion.

Therefore, I am unable to sign this bill, but my Administration will work with the author next year on a bill that would address these concerns and bring about the needed programmatic changes to ensure the continued success of this valuable teacher pipeline.

For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1546 (Alarcon)

Community colleges: concurrent award of associate degree and high school diploma.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at the campuses they operate. This bill would provide that, notwithstanding the provisions referenced above or any other provision of law, a community college district may establish and offer to students a course of study leading to the concurrent award of the associate degree and a high school diploma. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1546 without my signature.

This bill circumvents the California High School Exit Exam (CAHSEE) by allowing college districts to concurrently award AA degrees and high school diplomas, without requiring students to pass the CAHSEE. I must reject such a change in policy. If a high school diploma is to mean anything, then those who earn diplomas must demonstrate their mastery of a common core of knowledge by passing an exam explicitly designed to test that mastery: the CAHSEE.

In my education trailer bill of last year, I proposed to make it absolutely clear that community colleges do not have the authority to grant high school diplomas without requiring students to pass the CAHSEE. This bill would move us in precisely the opposite direction.

For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

SB 1563 (Escutia)

Community colleges: Community College Early Assessment Pilot Program.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes those districts to provide instruction to students at community college campuses. This bill would express legislative findings and declarations relating to, among other things, the rates at which students who enroll in community colleges as freshmen return for a second year of college. The bill would express legislative intent to enact legislation to establish a Community College Early Assessment Pilot Program for the purpose of providing high school pupils with an indicator of their readiness for transfer level English and mathematics at the end of grade 11 and allowing high schools to work with pupils in grade 12 to elevate the skills of these pupils to a level commensurate with transfer level English and mathematics. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1563 without my signature.

I am concerned about the large number of high school graduates who enter our colleges and universities unprepared to do college-level work. However, it would be redundant to create a new pilot program to assess college readiness specifically for prospective community college students when the California State University (CSU) already has a system that can be used for that purpose.

Moreover, there is no need for the California Community Colleges, in coordination with the CSU, to develop a special 12th grade curriculum when the state has taken years to develop curriculum frameworks that align with our academic content standards. A special basic skills curriculum is not what is needed, instead, the state should focus on developing better strategies for teaching students the existing curriculum; this is what students will need to have mastered in order to succeed in college.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1575 (Dunn)

Curriculum: human rights: unconstitutional deportation.
Existing law requires the adopted course of study for grades 7 to 12, inclusive, to offer courses in social sciences, among other things, including instruction on human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust. This bill would require the social science courses to include particular attention to the study of the inhumanity of the unconstitutional deportation of citizens and lawful permanent residents of the United States to Mexico during the Great Depression. The bill would make conforming changes in related provisions of law.

To the Members of the California State Senate:

I am returning Senate Bill 1575 without my signature.

I clearly recognize the injustice of the unconstitutional federal deportation of American citizens and legal residents to Mexico in the 1930s. For that reason, I signed into law SB 670 (Dunn, Chapter 663, Statutes of 2005) which expressed the apology of the State of California to the victims for the fundamental violations of their basic civil liberties and constitutional rights during the period of illegal deportation. That bill also required a plaque be placed in a designated public location in Los Angeles to commemorate the victims of the repatriation program.

However, I have consistently vetoed legislation that attempts to incorporate specific historical events or groups of people into social science instruction. The State Board of Education adopted content standards were developed by a diverse group of experts and are necessarily broad to allow coverage of various events and developments. I continue to believe that the State should refrain from being overly prescriptive in school curriculum beyond establishing rigorous academic standards and frameworks.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1580 (Ducheny)

Pupil assessment: English language learners: achievement tests.
Existing law, the Standardized Testing and Reporting (STAR) Program, requires each school district, charter school, and county office of education to administer a designated achievement test to each of its pupils in grades 3 and 7 and a standards-based achievement test to each of its pupils in grades 2 to 11, inclusive, until July 1, 2007, and to each of its pupils in grades 3 to 11, inclusive, after July 1, 2007. This bill would delete those provisions regarding limited-English-proficient pupil testing and instead require a pupil identified as limited English proficient and who is either literate in his or her primary language or receives instruction in his or her primary language to take the standards-based achievement test in his or her primary language as soon as the primary language test is available. The bill would require a pupil identified as limited English proficient who has attended a school in the United States for 3 consecutive years or more to take the achievement test in English, instead of the primary language achievement test, except as specified. The bill would authorize a school district, on a case-by-case basis, to instead administer an achievement test in the primary language of a limited-English-proficient pupil who has attended a school in the United States for 3 consecutive years or more. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1580 without my signature.

I vetoed a similar bill last year stating that the bill ran counter to the goal of mastering English as quickly and as comprehensively as possible. I continue to believe that schools should remain focused on providing English learners with the necessary resources and support to become English proficient. As an immigrant myself, I believe strongly that learning English as quickly as possible is essential to success in this state and this country, and therefore want to provide every incentive for our system to promote that goal.

The 2006 Budget Act reflects this commitment, and includes $30 million to provide supplemental instructional materials for English learners in grades K-12, $25 million to provide ongoing professional development opportunities for teachers of English learners, and an increase of $350 million to the Economic Impact Aid Program to help close the achievement gap of English learners and economically disadvantaged students.

For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1674 (Murray)

Public schools: meal reimbursement.
Existing law requires the Superintendent of Public Instruction to make allowances for child nutrition to child nutrition entities, as defined, based on reimbursement rates for free and reduced-price meals and to school districts and county superintendents of schools for the differences between the current fiscal year average statewide cost for all free and reduced-price meals and the total income per meal, as specified. (3) This bill would declare that it is to take effect immediately as an urgency statute. This bill contains other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1674 without my signature.

I have long been committed to improving the nutritional quality of foods and beverages available to children in California schools. I believe that if California is going to have any further increase funding for school meals, it should also commit to improving the nutritional quality of the meals.

With the epidemic of childhood obesity as one of the most serious health crises facing our state, now is the time to implement the latest nutrition science on behalf of our children. There are many ways the nutrition of school meals could be improved, such as switching to lower-fat cooking methods, removing trans fats and increasing the availability of fresh produce, whole grains and other healthy choices. The bill fails to include any of these options.

I commit to working with the Legislature next year to identify substantive, measurable and reasonable standards for the school lunch and breakfast programs, in order to eliminate meals with unhealthy trans fats and those foods fried in unhealthy oils, as much as practically possible.

Sincerely,

Arnold Schwarzenegger

SB 1677 (Torlakson)

School facilities: joint-use facilities.
Existing law authorizes the State Allocation Board to provide a grant to fund joint-use projects to construct facilities on kindergarten and grades 1 to 12, inclusive, schoolsites if the school district demonstrates that the project meets specified criteria. Existing law conditions eligibility for a joint-use grant on, among other things, demonstration by a school district that (a) it has entered into a joint-use agreement with a specified joint-use partner that specifies the amount of the contribution to be made by the school district and the joint-use partner toward the 50% local share of eligible project costs, and (b) the joint-use partner has agreed to contribute at least 25% of eligible project costs, as specified. This bill would expand the types of allowable projects available to be built pursuant to the joint-use agreements to include a career technical building or shop, science and technology laboratory, science center, historical or cultural education center, performing arts center, physical education or outdoor recreational site development, parking lot, and child wellness center. This bill contains other related provisions and other existing laws.

To the Members of the California State Senate:

I am returning Senate Bill 1677 without my signature.

I am supportive of the Joint-Use Facilities Program because it encourages creative win-win relationships between school districts and community partners. However, I am concerned that this bill would seriously undermine the policy goals and fiscal accountability of the Joint-Use Facilities Program.

This bill would effectively eliminate the requirement that a joint-use partner contribute to the project. All entities benefiting from the project should provide some sort of contribution to the project. I am also concerned that this bill would allow state bond funds to support lower-priority joint-use projects that do not necessarily have direct educational benefits. Joint-Use Facility Program projects funded from education bonds should have some direct educational benefit.

Furthermore, allowing joint-use facilities to be built on private property could jeopardize the tax-exempt nature of bond proceeds authorized for those projects and could also result in a gift of public funds to the extent that the state is prohibited from future use of the site due to changes in ownership or other circumstances beyond the control of the state or the school district.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1680 (Perata)

School finance: attendance and enrollment.
Existing law requires the use of average daily attendance to compute revenue limits and school funding apportionments, as specified. This bill would replace average daily attendance as it is used to compute revenue limits under a specified provision with average monthly enrollment beginning in the 2007-08 fiscal year, as specified. The bill would require the Superintendent of Public Instruction to make a one-time adjustment to the revenue limit per unit of average monthly enrollment of each school district, on July 1, 2007, by revising the prior fiscal year revenue limit per unit of average daily attendance as specified and would require the resulting, adjusted revenue limit be used as the revenue limit for the 2007-08 fiscal year for any purpose for which that revenue limit is needed. This bill would require the Superintendent to compute the average monthly enrollment of each elementary, high school, and unified school district for the 2006-07 school year using the active enrollment of those school districts as reported in a specified provision. The bill also would require the Superintendent to compare the 2006-07 average monthly enrollment of each school district with the count of pupils of the district in average daily attendance as computed pursuant to a specified provision for the 2006-07 school year in order to compute a revenue limit conversion factor.

To the Members of the California State Senate:

I am returning Senate Bill 1680 without my signature.

This bill would change the basis of allocating per-pupil revenue limit funding from the current formula based on average daily attendance to one based on average monthly enrollment beginning with the 2007-08 fiscal year. This bill will significantly change the way the state funds schools, and I am concerned it could remove fiscal incentives currently in place for schools to maximize student attendance. If such a change were to negatively impact student attendance, it would also undermine student achievement because I believe they are better served through rigorous daily classroom instruction.

If the state were to make such a significant change in how it funds schools it should be done with careful research and review. My bi-partisan committee on education excellence is dong a thoughtful review of education funding issues. After those reports are completed, I look forward to working with education leaders on distilling the information and enacting changes that we believe will improve California's education system.

Given these concerns, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1740 (Murray)

Pupil's instruction: Internet safety curriculum guidelines.
Existing law prescribes various matters to be included in the adopted course of study at the appropriate elementary and secondary grade levels. This bill would require the State Department of Education to develop and maintain Internet safety curriculum guidelines for use by local educational agencies. The bill would also require the guidelines to include, but not be limited to, specified subjects. The bill would also require the department to distribute the guidelines to local educational agencies, upon approval of the guidelines by the State Board of Education. The bill would authorize a local educational agency to incorporate the guidelines into the agency's existing curricula.

To the Members of the California State Senate:

I am returning Senate Bill 1740 without my signature.

I believe that Internet safety is important, which is why I signed AB 307 (Chavez, 2006) into law, which requires the Superintendent of Public Instruction, by July 1, 2007, to develop guidelines for information regarding the safe use of the Internet that should be included in a school districts education technology plan. Unfortunately, this bill circumvents the role of the State Board of Education (SBE) by giving the authority for the development and dissemination of curriculum to the California Department of Education without the approval of the SBE.

The Department of Consumer Affairs (DCA) has already convened the California Coalition for Children's Internet Safety (CCCIS) and will host the first statewide Cyber Safety Summit in October. The Summit will address the dangers our children face in cyberspace and provide the necessary training and resources to keep them safe. The Summit is intended to target, among others, parents/PTA organizations, educators, community leaders, and child safety advocates. Prior to developing any state wide guidelines, we should first take the information presented at the Summit and review recommendations from the CCCIS to ensure that any approach to Internet safety is comprehensive and addresses the individual needs of local education agencies. I believe this is a proactive, direct approach to address Internet safety.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1769 (Escutia)

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, for governing boards, subject to certain requirements. This bill would require the 2008 Reading/Language Arts/English Language Development Curriculum Frameworks and Criteria adopted by the state board on April 17, 2006, to include the accelerated English program, as defined, established under the bill. This bill contains other related provisions.

To the Members of the California State Senate:

I am returning Senate Bill 1769 without my signature.

We share a common goal on ensuring that California's students who have limited or no proficiency in English become fully proficient as quickly as possible. However, of equal importance is ensuring that all of our students possess the fundamental skills of reading, writing, and speaking appropriate to their grade levels, as defined by California's rigorous academic content standards.

I cannot endorse any effort which may lead to the creation of separate curricula and textbooks that will isolate these students within our public schools. This sort of segregated learning is not only detrimental to the language learning process it would have a divisive impact on our children, classrooms, schools, teachers and our larger society. It undermines the very principle of inclusiveness that inspires so many entrepreneurial and hard-working immigrants to pursue the American dream.

I am still committed to working with the Legislature to restore funding for the State Board of Education. Unfortunately, the Legislatures choice to eliminate the boards funding accomplished nothing. In spite of that, my Administration has taken action to ensure that State Board operations will continue uninterrupted, so that it can continue to fulfill its Constitutional obligations. It is my hope that the Legislature will approve a bill next session that restores the State Board of Education funding without attempting to leverage those funds to advance a policy agenda.

For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

SB 1825 (Migden)

CalWORKs.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. This bill would define "enrolled" for this purpose to include a person who has submitted a timely application to a qualifying program and is awaiting, but has yet to receive, an acceptance or rejection. This bill contains other existing laws.

To the Members of the California State Senate:

While I support providing low-income parents access to educational opportunities, I am unable to support Senate Bill 1825 as it weakens California's focus on employment and may place our state at higher risk for millions of dollars in federal penalties.

Changes made through the federal reauthorization of the Temporary Assistance for Needy Families (TANF) program challenge the state and counties to significantly increase the number of CalWORKs participants who are working. Allowing parents to receive cash assistance while awaiting acceptance to an educational program without being required to meet "core work" requirements may reduce California's work participation rate and risk millions in federal penalties. Given the new federal rules and the fact that work is key for families to transition out of poverty, SB 1825 is a step in the wrong direction. For these reasons, I must return it without my signature.

Sincerely,

Arnold Schwarzenegger

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