Bill Number (Author) |
Governor’s Veto Message |
|---|---|
AB 252 (Dymally) Digital Arts Studio Partnership Program Act. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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 |
2006 Vetoed Education Legislation
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