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2004 Vetoed K-12 Education Legislation

Bill Number (Author)

Subject/Summary

Governor's Veto Message

AB 242 (Liu)

Teachers.
Existing law requires the Commission on Teacher Credentialing to adopt a framework and general standards for the accreditation of preparation programs for teachers and other certificated educators. This bill would require the Commission on Teacher Credentialing and, where appropriate, the State Department of Education, to incorporate into licensure requirements for teacher candidates, professional development requirements for renewal of licenses, and accreditation requirements for preparation programs components to ensure that teachers are capable of teaching children with diverse needs, ethnicities, nationalities, and languages, of teaching children who bring particular challenges to the learning process, and of teaching in urban and rural settings. This bill contains other related provisions and other existing laws.


To the Members of the California State Assembly:

I am returning Assembly Bill 242 without my signature.

This bill contains primarily statements of intent for various teacher preparation, recruitment, and retention policies for both K-12 and higher education. Although it is desirable for the State to develop long-range plans for such matter as the preparation and retention of highly qualified teachers, this bill is neither comprehensive nor fiscally feasible. Moreover, this legislation is unnecessary since the Commission on Teacher Credentialing has indicated that it will adopt regulations consistent with the provisions outlined in this bill. My Administration has already taken steps toward increasing the number of well-prepared teachers by working with the University of California and California State University systems to improve the supply of science and math teachers and is willing to continue working toward a more reasonable long range plan than what is provided for in this bill. For these reasons, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 358 (Jackson)

Gender discrimination.
Existing law prohibits discrimination and harassment based on sex and gender in housing and employment. This bill would require the state to implement the principles underlying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) by addressing discrimination against women and girls, as specified, and would require, beginning January 1, 2006, the Department of Corrections, the State Department of Education, and the State Department of Health Services to conduct, in consultation with the State Commission on the Status of Women, an evaluation of their own departments to ensure that the state does not discriminate against women through the allocation of funding and the delivery of services. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 358 without my signature.

The goals of AB 358 are extremely important. I strongly believe that the State of California must continue its existing programs to guarantee that women are not discriminated against in state policies or programs. With the issuance of Executive Order S-6-04, my Administration has clearly established the states equal employment policies without discrimination. All state agencies, departments, boards, and commissions shall recruit, appoint, train, evaluate and promote state personnel on the basis of merit and fitness, without regard to age, race, ethnicity, color, ancestry, national origin, gender, marital status, sexual orientation, religion, disability or other non-job-related factors. Thus, this bill is duplicative of existing policy and unnecessary. In addition, the Department of Health Services Office of Civil Rights is responsible for ensuring that actions taken by all levels of management achieve the Departments equal employment opportunity objectives as well as ensuring equal access to health services for beneficiaries. The Office of Civil Rights annually conducts a workforce analysis to determine any statistically significant under-representations, hidden barriers and the policies or processes that may result in under-representation. For these reasons I am unable to sign this bill at this time.

Sincerely,

Arnold Schwarzenegger

AB 366 (Mullin)

Child care: substitute employee registry. Existing law authorizes the State Department of Social Services to adopt regulations to create substitute employee registries for persons working at more than one facility licensed by the department, in order to permit these registries to submit fingerprint cards and child abuse index information for child care registries. This bill would authorize the department to adopt the above regulations in order to permit these registries, instead, to submit fingerprint images and related information to the Department of Justice, in accordance with prescribed provisions, for workers who are associated with the registries, and would require the Department of Justice to assess all processing fees associated with these provisions. It would also require that the responses from the Department of Justice be provided to the department, and would permit these responses to include information from specified sources. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 366 without my signature.

This bill requires the Department of Social Services to operate the Child Care Substitute Employee Registry Pilot Program until January 1, 2008. It would clarify that child care workers would be registered by the Substitute Employee Registry, rather than by the individual child care facility and that all substitute employee records would be maintained at the Substitute Employee Registry regional office. This measure would take effect immediately as an urgency statute. This bill provides that the Substitute Employee Registries are to be funded by a combination of licensing fees charged to participating registries and the reallocation of unearned child care contract funds, pursuant to Section 8278 of the Education Code. Despite the commendable negotiations between the author and the Department of Social Services, the licensing fees are not adequate for implementation and the additional funding from Proposition 98 monies cannot be used for this purpose. The Education Code Section 8278 funds were intended for the provision of direct child care services. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

AB 662 (Dutra)

Special education: blind and visually impaired pupils.
Existing law requires educational agencies to develop an individualized education program for pupils with exceptional needs, including, but not limited to, visually impaired pupils, and requires that a functional vision assessment be conducted to determine the appropriate reading medium for the pupil and an assessment of braille skills. Existing law requires the Superintendent of Public Instruction to form an advisory task force to develop standards for mastery of the braille code by pupils and to report to the Governor and the Legislature by June 30, 2004. This bill would make legislative findings and declarations concerning the ability of blind and visually impaired pupils to have the same opportunity as any other pupil to acquire the highest quality education possible and the various educational related problems that adversely impact the ability of these pupils to receive the highest quality education. The bill would declare the intent of the Legislature to address those problems. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 662 without my signature.

This bills intention to create another advisory task force within California Department of Education (CDE) is unnecessary. The California Blindness Advisory Task Force that was established by the Office of the Superintendent of Public Instruction years ago, issued a report in 2002, A Future View: Quality Education for all Students Who Are Blind and Visually Impaired. To date, none of the recommendations made by that task force have been implemented by the CDE. While I believe in addressing the special needs of blind and visually impaired students in California, the inability of the CDE to act upon a prior task forces recommendations does not warrant the creation of yet another task force within the department to address the same needs. For these reasons I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 671 (Corbett)

State workforce infrastructure planning. Existing law requires the Governor to submit to the Legislature annually in conjunction with the Governor's Budget a proposed 5-year infrastructure plan. Existing law defines "infrastructure" and specifies the contents of the infrastructure plan. This bill would additionally define "workforce infrastructure" as provisions for the delivery of public services essential to the viability of the California workforce. The bill would require the Governor to submit annually a proposed 5-year workforce infrastructure plan to include infrastructure needs for the provision of public instruction and public libraries.

To the Members of the California State Assembly:

I am returning Assembly Bill 671 without my signature as the requirements would be premature to the recommendations being considered by the California Performance Review (CPR).

This bill would require the Governor to annually submit a newly defined five-year workforce infrastructure plan to the Legislature in conjunction with his proposed budget. Currently, a five-year report is submitted regarding infrastructure on real and personal property, generally known as hardscape. The bill defines and broadens the report to include workforce infrastructure for public instruction and libraries. Because there is a lack of clarity in the definition, the bill expands the report to include any item needed to support the schools workforce, such as information or computer systems, equipment, supplies and requires the estimated costs. It would also require that a funding source be identified to pay for these items, including books and supplies for libraries s. This bill may require the State to engage in a planning process for identifying infrastructure needs for schools and libraries that are the responsibility of local government. Further, it is not clear how this bill would improve the States infrastructure planning process.

Finally, this bill is not consistent with the CPR. When I signed the Executive Order in February of 2004 establishing the CPR, its mission was to make fundamental changes in state government, establish new procedures to create greater efficiencies, prioritize government functions, create true accountability over the fiscal management of state resources. Further exposure of government must be fully reviewed and consolidated against existing state entities and programs. The recommendations of this bill warrant careful review and consideration through the CPR process before enacting any legislation that makes substantial changes to the states infrastructure plan.

Sincerely,

Arnold Schwarzenegger

AB 711 (Correa)

Private postsecondary education: Private Postsecondary and Vocational Education Reform Act of 1989.
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 the Bureau for Private Postsecondary and Vocational Education, which, among other things, is required to review and investigate all institutions, programs, and courses of instruction approved under the act. Numerous terms are defined for the purposes of the act, including "non-WASC regionally accredited institution," which is a degree-granting institution that is accredited by one of 4 designated regional accrediting agencies. This bill would define "nationally accredited institution" to mean an institution that provides a degree, diploma, or certificate, and that is accredited by a recognized national institutional accrediting body. The bill would recast and revise the standards for approval of a non-WASC regionally accredited institution to issue degrees, diplomas, or certificates, and would subject the approval of a nationally accredited institution to issue degrees, diplomas, or certificates to the same standards that govern the approval of a non-WASC regionally accredited institution in that context. In this regard, the bill would make distinctions relating to institutions incorporated in another state and further distinctions relating to whether an institution grants degrees. The bill would revise the exemption from financial responsibility requirements under these standards. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 711 without my signature.

I fully support the concept of streamlining and improving the oversight of California's private postsecondary and vocational education. However, this bill does not achieve that goal and could harm consumers, as it is unclear what authority the Bureau of Private Postsecondary and Vocational Education (Bureau) would have to sanction institutions that fail to comply with state laws. AB 711 falls short of its objective to streamline functions of the Bureau. Therefore, I am unable to sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 712 (Steinberg)

Preschool for All Program.
Existing law, the Child Care and Developmental Services Act, establishes various full- and part-time programs for a comprehensive, coordinated, and cost-effective system of developmental services for children to age 14 and their parents. Other existing law, the Kindergarten Readiness Pilot Program, permits, until January 1, 2011, school districts to participate in the program to provide kindergarten preparedness opportunities to increase a child's readiness for school. Existing law requires the Superintendent of Public Instruction to administer state preschool programs including part-day and preschool appropriate programs for prekindergarten children 3 to 5 years of age in specified services. This bill would require the California Children and Families Commission, if so approved by the commission, to complete and submit to the Legislature and Governor by November 1, 2005, a cost study that provides an estimate of the cost of a voluntary Preschool for All program in California. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 712 without my signature.

Preschool can be a valuable addition to the education of many children, and I believe strongly that every child should be ready and able to succeed once they enter into the school system. My Administration recognizes that preschool, child care, and school readiness programs are important factors to the future academic success and well being of California's youth. At the same time, I also strongly believe that before we make promises about expanding the preschool system, I want to be sure e that the State can actually deliver on that promise. Governing responsibly requires me to provide the State with a clear understanding of the potentially billions of dollars in costs and other requirements of preschool, in relation to the benefits and resources available, before determining the scope of the commitment that we can all enter into together. Some research and study has already been conducted and even more will be produced in the near term. My commitment to comprehensive school readiness is strong. My Administration will work in collaboration with the California Children and Families Commission and other interested groups and parties to assess the infrastructure and options available in providing a statewide preschool program. However, doing so does not require additional legislative authority, and therefore, this bill is unnecessary.

Sincerely,

Arnold Schwarzenegger

AB 736 (Hancock)

School facilities.
Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The act authorizes an applicant school district to include plan design and other project components that seek school facility energy self-sufficiency and to seek a grant adjustment for the state's share of the increased costs associated with those components, as specified. This bill would require the State Allocation Board to adopt regulations, as provided, to implement design standards for school facilities in accordance with the guidelines established by the Collaborative for High Performance Schools. The bill would provide that eligibility for funding for projects pursuant to the act from the proceeds of general obligation bonds approved by the voters after January 1, 2006, is contingent on the applicant school district meeting design standards equivalent to those regulations.

To the Members of the California State Assembly:

I am returning Assembly Bill 736 without my signature.

This bill is premature, in that it places conditions on school districts use of funding of school facilities bond measures passed after January 1, 2006. While I am very supportive of efforts to improve the environment of California's classrooms, as well as promoting energy efficiency and conservation, this policy discussion more appropriately should be considered within the context of a comprehensive environmental policy involving energy efficient housing, schools and commercial properties. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 745 (Goldberg)

Local educational agencies: officers.
The California Constitution provides for the election or appointment of a superintendent of schools for each county and requires the county board of education to establish the salary of the county superintendent of schools. Existing law authorizes the governing board of a school district employing 8 or more teachers to employ a district superintendent. Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of local community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. This bill would require a county superintendent of schools and the governing board of a school district with 10 or more full-time employees, and the governing board of a community college district, to annually report all compensation received by certain administrative, certificated, and classified personnel, 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 745 (Goldberg) without my signature.

School district finances, including personnel salaries and related compensation, should receive thorough public scrutiny; however, this bill essentially duplicates existing reporting requirements. Currently, the School Accountability Report Card, an annual school assessment, includes fiscal and expenditure data including the percent of budget spent on teacher and administrative salaries. This report card is available to the public via district or county web sites, and if not available by the Internet, can be obtained from the district upon request. To the extent that the bill also creates another reimbursable state mandate with an estimated cost in excess of a half million dollars to provide information already available, this creates an unnecessary expenditure of already scarce education dollars that could be better used in the classroom. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 857 (Frommer)

Developmental disabilities: autism.
The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers for the provision of various services and supports to persons with developmental disabilities, including autism. Existing law requires the department to develop evaluation and diagnostic procedures for the diagnosis of autism disorder and all other autistic spectrum disorders that may be utilized by clinical staff at regional centers, and to develop a corresponding training program for the staff to be implemented on or before July 1, 2002. This bill would establish within the department, an Autism Information Resource Center (office), to serve families by designating a single agency as a central source of information for autism treatment and support services, and other information about autism. The office would be headed by an Autism Information Resources Director who would be appointed by the Director of Developmental Services. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 857 without my signature.

While I support the authors goal of access for families to relevant services and information about autism, current law provides a method of furnishing that information and delivering services. Under existing law, 21 regional centers are required to develop relevant information and provide access to appropriate services for children with autism. The regional center system and its allied agencies are the most efficient system for identifying the needs of children with autism and informing their families. Supports and services offered by regional centers are comprehensive and offer a cost-effective method of evaluating and serving persons with autism. Current regional center resource development and service coordination practices include the development of educational and informational guides that describe services related to autism. This service coordination also includes meeting formally and informally with each person with autism and their family to describe the nature of the persons disability, how it was diagnosed and what steps should be taken to promote that persons individual growth. For these reasons I am returning this bill without my signature.

Sincerely,

Arnold Schwarzenegger

AB 858 (Goldberg)

California Racial Mascots Act: athletic team names and mascots.
Existing provisions of the Education Code relate to the prohibition of discrimination in the provision of educational services by elementary and secondary schools. This bill would establish the California Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname commencing January 1, 2006. The bill would provide that the act does not apply to a school or campus if certain conditions regarding prior expenditures on uniforms and other materials are met, as specified. The bill would, in addition, provide that the act does not apply to certain schools located within, or with enrollment boundaries that include a portion of, "Indian country," as defined, provided certain conditions are met. The bill would also provide that this prohibition may not be waived by the State Board of Education. To the extent that this prohibition would impose additional duties on schools, 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 858 without my signature.

Existing statute already affords local school boards general control over all aspects of their interscholastic athletic policies, programs, and activities. Decisions regarding athletic teams names, nicknames or mascots should be retained at the local level. At a time when we should all be working together to increase the academic achievement of all California's students, adding another non-academic state administrative requirement for schools to comply with takes more focus away from getting kids to learn at the highest levels. For these reasons, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 1010 (Pavley)

Instructional materials: electronic format.
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, as specified. Other existing law requires the governing board of each school district maintaining one or more high schools to adopt instructional materials for use in the high schools under its control. This bill, except as specified, would require a publisher that makes basic instructional materials available to a school district in a hard copy format to also make instructional materials available in an electronic multimedia format upon adoption of instructional materials after January 1, 2005, by the state board or by the governing board of a school district that maintains a high school. The bill would make these requirements operative January 1, 2007. The bill would provide that a school district that purchases instructional material in an electronic multimedia format pursuant to the bill shall comply with specified law governing instructional materials. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1010 without my signature.

While I support the idea of using an electronic multimedia format, it is crucial that we remain focused on providing all pupils with an actual textbook in core curricula areas. In addition, I am concerned about the rising costs of textbooks and this bill could create increased costs to the State in the form of higher textbook costs for publishers to comply with the electronic multimedia format requirement. Higher costs could make it more difficult for schools to ensure that pupils have adequate textbooks which was a cornerstone of the Williams v. State of California settlement agreement. For these reasons, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 1012 (Steinberg)

Pupils: interrogation.
Existing law, with certain exceptions, requires a principal or other school official to immediately notify a pupil's parent or guardian if the official releases a pupil to a peace officer for the purpose of removing the pupil from the school premises. This bill, with certain exceptions, would require the principal of a school to take immediate steps to seek the consent of the parent or guardian of an elementary school pupil prior to making the pupil available to a peace officer for questioning, and with certain exceptions, would prohibit making the pupil available for questioning if the parent or guardian requests that the pupil not be questioned until he or she can be present. The bill would permit a member of the school administration, a school counselor, or a school teacher, selected by the pupil, to be present at the questioning under prescribed circumstances. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1012 without my signature.

While well intentioned, the practical effects of AB 1012 would be devastating to school-based law enforcement officers and school administrators responsible for keeping students and staff safe in the school setting. I believe parental involvement is an important part of ensuring a pupils academic success. This includes informing parents when their child is involved in a disciplinary or school safety investigation. Currently, there are a number of constitutional and statutory protections that shield juveniles from excessive and unreasonable interrogations. However, I am concerned that the procedures required by this bill are too broad and may result in a number of safety and liability issues. The requirements of this bill would apply to principals when making pupils available for any questioning by a peace officer, including cases where a pupil is a witness and where a pupil is not suspected of delinquency. These broad parameters may result in significant delays in investigation and could jeopardize the safety and security of the school and the surrounding community. This bill assumes that an adversarial relationship should exist whenever officers interact with students. By advising students that they do not have to talk to an officer, there is an inference that the officer is an adversary who cannot be trusted. Perhaps the greatest benefit these officers can deliver is the ability to stop crime before it occurs through their proactive discussions with students. If discussions between the officers and students become too formalized, they will not take pl ace as often. If officers cannot perform prevention activities, we are likely to see more officers on campus after the fact, after the crime, after the tragedy, instead of before when it might have made a difference. For these reasons I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 1126 (Dutton)

School facilities: modernization. Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. Existing law requires the board to determine the total funding eligibility of a school district for modernization funding by multiplying certain amounts by each pupil of that grade level housed in permanent school buildings that are at least 25 years old or portable classrooms that are at least 20 years old and which have not been previously modernized with state funding. Existing law requires the board to annually adjust the amounts according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the board. This bill would require the board to adjust for inflation the calculation used to determine the total funding eligibility of a school district for modernization funding on a monthly basis, rather than annually. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1126 without my signature.

Adjusting the per-pupil grant award for modernization projects on a monthly basis, rather than annually, as currently required by law, will add another level of administrative bureaucracy, and may create inequities in the level of funding received by districts for comparable projects that are progressing within months of each other. For these reasons, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 1253 (Bermudez)

Home-to-school transportation.
Existing law requires a school district or county office of education to receive a home-to-school transportation allowance equal to the amount received in the prior fiscal year, but not to exceed the prior year's approved home-to-school transportation costs as increased by the amount provided in the annual Budget Act. This bill would require the Superintendent of Public Instruction, upon identification of appropriate resources, to examine home-to-school transportation funding formulas and determine how current formulas should be modified to allow school districts and county offices of education to initiate new transportation programs and receive state funding on an equitable basis.

To the Members of the California State Assembly:

I am returning Assembly Bill 1253 without my signature.

This bill directs the Superintendent of Public Instruction to conduct a study, regarding home-to-school transportation, but identifies no funding for its completion. Currently, legislative members can request the Legislative Analysts Office to conduct studies on their behalf, without any additional statutory authority.

Therefore, this bill is unnecessary. For this reason, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1486 (Dutra)

School facilities: lease-leaseback contracts.
Existing law authorizes the governing board of a school district, without advertising for bids, to let, for a minimum rental of $1 a year, to any person, firm, or corporation any real property belonging to the school district if the lease instrument provides for the construction of a building or buildings for the use of the school district during the term of the lease and provides that title to the building will vest in the school district at the expiration of the lease term. This bill would delete the authority for these leases to be let without the governing board advertising for bids and would instead require these leases to be let through a competitive proposal process. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1486 without my signature.

I am supportive of using a competitive process for public works projects and understand that this bill is needed to clarify that process. However, this bill imposes restrictions on lease-leaseback contracts that could limit competition, inadvertently limit schools flexibility, and drive higher administrative costs; thereby potentially increasing the overall cost of school facility construction. For this reason, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 1650 (Simitian)

Teacher Support and Development Act of 2005.
Existing law establishes various grant programs aimed at promoting the development of teachers in specific areas. This bill would consolidate the funding for many of those programs and would establish the Teacher Support and Development Act of 2005 to provide flexible professional development block grants to school districts. The bill would require the Superintendent of Public Instruction to annually award the block grants from funding provided in the annual Budget Act. The bill would provide for the block grant amounts to be calculated according to a specified formula and would require a school district to demonstrate that its staff development programs meet specified criteria prior to receiving a block grant. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1650 without my signature.

While I support reforms to streamline funding for K-12 professional development categorical programs, I am concerned that this bill does not include adequate protections to ensure that professional development for teachers is aligned to the state-adopted content standards. In addition, the bill does not contain adequate fiscal safeguards to ensure that the States funding liability is capped at the levels provided in the annual budget act. Finally, I am concerned that some of the activities the bill requires school districts to perform could be deemed reimbursable state mandates. I am willing to work with the Legislature in the next legislative session to develop a bill that accomplishes the desired reforms and also addresses my concerns.

Sincerely,

Arnold Schwarzenegger

AB 1670 (Kehoe)

Class size reduction.
Existing law establishes the Class Size Reduction Program in which participating school districts are provided funding for reducing class size to a ratio of 20 pupils to one teacher in kindergarten and any of grades 1 to 3, inclusive, if certain conditions are met. Existing law requires the Class Size Reduction Program to be implemented in accordance with a prescribed order of priority based on grade level and requires the Controller to deduct a specified amount from the district's next principal apportionment for each class that the district failed to reduce to a class size of 20 or less pupils. This bill would authorize a school district located in the County of Los Angeles, Riverside, San Bernardino, San Diego, or Ventura to claim class size reduction funding for the 2003-04 school year based on enrollment counts before the October 2003 fires in those classes if the district lost enrollment due to those fires. This bill contains other related provisions.

To the Members of the California State Assembly:

I am returning Assembly Bill 1670 without my signature.

The provisions in this bill are already contained in a separate measure. Therefore, this bill is unnecessary.

Sincerely,

Arnold Schwarzenegger

AB 1696 (Pavley)

Office of Education on the Environment.
Existing law establishes the Office of Education and the Environment within the Integrated Waste Management Board, and requires the office to develop education principles for the environment for elementary and secondary school pupils on or before July 1, 2004. Existing law requires school district governing boards, when adopting instructional materials for use in schools, to include materials that accurately portray those education principles. This bill would eliminate the requirement imposed on governing boards to include those environmental education materials as part of the adopted instructional materials and would make conforming changes. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1696 without my signature.

The provisions in this bill go beyond the scope of cleaning up the technical implementation issues raised concerning AB 1548 (Chapter 665, Statutes of 2003). The Legislature should pass a clean up bill in the next session that contains only the required technical fixes.

Sincerely,

Arnold Schwarzenegger

AB 1782 (Horton, Jerome)

Outdoor advertising displays.
The Outdoor Advertising Act regulates placement of advertising signs adjacent to and within specified distances of highways that are part of the national system of interstate and defense highways and federal-aid highways. The act prohibits advertising displays from being placed or maintained on property adjacent to a section of a freeway that has been landscaped, with certain exceptions. A violation of the act is a misdemeanor. This bill would authorize 3 advertising displays in the County of Los Angeles by the Lennox School District subject to specified conditions. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1782 without my signature.

On August 24, I vetoed a measure (Senate Bill 1324) that was nearly identical to this bill. My concerns with creating spot exemptions to the California Outdoor Advertising Act remain the same. While I recognize the hardships that many school districts are facing and I encourage innovative ways to find additional funding, I recommend the Legislature address the number of categorical programs and mandates imposed on school districts. Our focus should be on getting more money into the classroom, not finding new sources of revenue to fund a system in which reforms are needed. For these reasons I am returning AB 1782 without my signature.

Sincerely,

Arnold Schwarzenegger

AB 1790 (Corbett)

School facilities: seismic safety upgrades.
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 make certain findings and declarations related to seismic safety upgrades and would state the intent of the Legislature to consider the development of a seismic safety upgrade program for school facilities.

To the Members of the California State Assembly:

I am returning Assembly Bill 1790 without my signature.

I see no reason for the Legislature to pass a bill stating its intention to consider an idea in the future. The protection of students must be among our highest priorities and I am in full support of efforts to continue to do so. However, the enactment of this bill would not result in any substantive benefit or make any meaningful progress toward achieving that goal of enhancing the safety of school facilities. Therefore I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 1822 (Chan)

Schools: pupil immunizations.
Existing law prohibits governing boards of public and private schools and child care facilities, including, but not limited to, elementary and secondary schools, from unconditionally admitting pupils who have not been fully immunized against listed diseases. For mumps, the prohibition applies only to pupils who have not reached the age of 7 years. For hepatitis B, existing law applies for all children entering the institution at the kindergarten level or below on or after August 1, 1997, and prohibits the governing authority from unconditionally admitting or advancing any pupil to the 7th grade level unless the pupil has been fully immunized. This bill would, for mumps, also apply the prohibition against unconditional admission of pupils who have reached the age of 7 years. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1822 without my signature.

While I support the policy objective of conforming California's school enrollment policy to national immunization enrollment guidelines, I am concerned that the proposal would result in a reimbursable state-mandated local program with annual Proposition 98 costs of $1.4 million. The budget does not provide funding for this purpose. This bill would prohibit the admission of pupils transferring from other states who have not been immunized against either mumps or hepatitis B regardless of age or grade level. Most California students and all that enter in kindergarten have been immunized against these diseases and there is little risk of transmission of these diseases at school. I encourage schools to recommend to parents of students coming from other states and nations that have not already been immunized to do so and pro vide information on the availability of such immunizations through publicly supported medical programs.

Sincerely,

Arnold Schwarzenegger

AB 1829 (Liu)

Public contracts: services: domestic workers.
Existing law requires a state agency to comply with specified procedures in awarding agency contracts. Existing law authorizes a state agency to prohibit a person that is convicted of committing specified crimes from bidding on or being awarded agency contracts, as specified. This bill would prohibit a state agency or local government, as defined, from allocating or expending state funds for employment training for employees located in foreign countries. This bill would also prohibit a state agency, or a local government in expending funds provided by a state agency, from contracting for services with a contractor or subcontractor unless that contractor or subcontractor certifies under penalty of perjury in his or her bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States. This bill would authorize a state agency or local government to waive this requirement, with the consent of the Controller, if certain conditions are met. This bill would also require the contract to include a clause for termination for noncompliance and specified penalties, if the contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract. This bill would specify that these provisions do not apply to seismic retrofit work, as defined, performed pursuant to a contract that is entered into on or before January 1, 2006 or agreements entered into by the Treasurer in connection with the sale of any evidence of indebtedness. This bill would also specify that these provisions do not apply to a contract, if refusing to award that contract would violate the specific terms of federal trade treaties, 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 1829 without my signature.

California is a partner in the global marketplace. California businesses and its citizens are entrepreneurial, innovative and on the leading edge of new ideas and technologies. The rest of the world has received untold benefits exported from our state; yet at the same time our state and its citizens have also benefited from our neighbors around the world. As California begins to emerge from the dark days of our fiscal crisis, our focus should not be on erecting artificial barriers that will thwart the spirit of our citizens and the businesses that help our economy grow, but rather on ideas and policies that will fuel the thriving spirit of businesses who look to be on the forefront of the challenges of tomorrow. This bill prohibits state agencies from using funds from the state to contract for services with a contractor unless they can certify that the work will be performed in the United States. Noticeably excluded from the provisions of this bill are the investment activities of the State of California. The state will continue to be able to invest its treasury bonds and state retirement funds without the need to comply with this bill, but these provisions apply to all other state and local contracts. While this bill purports to be about saving jobs, it would actually be detrimental to our economy and the creation of new jobs in this state. It is also contrary to my administrations efforts to create a more efficient and effective purchasing system and to increase small business contracting participation. This bill adds additional restrictions on state contractors, thereby resulting in less competition at the state and local levels and ultimately result in higher prices paid by governmental entities for goods and services. A recent report by the Public Policy Institute of California (PPIC) states that California has gained 713,000 jobs from direct foreign investment in California and additionally found that placing the type of restrictions, as set forth in this bill, on businesses will have a negative impact on our economy. The report further states that restricting state contracting will not necessarily help workers in California, but could instead result in contracts being awarded to out-of-state bidders. There is a right way and a wrong way to expand economic opportunity in California. The wrong approach is to implement measures that restrict trade, invite retaliation or violate the United States Constitution and our foreign trade agreements. The United States Constitution clearly defines that the authority to regulate trade with foreign nations rests with the federal government. Article 1, Section 8 grants Congress the exclusive authority to regulate Commerce with foreign nations. In today's global economy, the best approach to create and enhance job growth in California is to provide a competitive business environment. In order to improve their competitiveness in a global market, California businesses cannot be penalized with punitive policies restricting their ability to make decisions on how to best perform and provide goods or services for state government and our consumers. These restrictions will drive businesses out of California. California must continue to be an active participant in the worldwide economy in order to create new opportunities and better jobs for our citizens. This bill is contrary to those goals. Therefore, I cannot support this measure.

Sincerely,

Arnold Schwarzenegger

AB 1841 (Chan)

Reorganized high schools: grant programs.
Existing law establishes the High Priority Schools Grant Program and the Immediate Intervention/Underperforming Schools Program within the Public Schools Accountability Act of 1999, which requires the Superintendent of Public Instruction to invite schools ranked in the 5 lowest deciles of the Academic Performance Index (API) to participate in those programs. This bill would provide that if a high school participating in either of those programs is reorganized into more than one high school, each of those high schools shall continue to receive a share of the funds that the former school would have received, as specified, provided certain eligibility criteria are met, including compliance with specified program requirements.

To the Members of the California State Assembly:

I am returning Assembly Bill 1841 without my signature.

This bill could weaken the accountability provisions of the Immediate Intervention for Underperforming Schools Program and the High Priority Schools Grant Program (IIUSP/HP). The IIUSP/HP program was designed to provide support for the development and implementation of action plans designed to improve the academic achievement of pupils in schools that have been designated as underperforming. By allowing reorganized high schools to receive a share of incentive funding, this bill would limit the states ability to track the programs of students originally enrolled at the participating high schools. Moreover, extending the time frames to meet required performance growth targets by an additional year would postpone state interventions at schools that have failed to meet their API growth target, and undermine the intent of the program. For these reasons, I am unable to sign the bill.

Sincerely,

Arnold Schwarzenegger

AB 1846 (Goldberg)

No Child Left Behind Act of 2001.
Existing law deems a reference in federal law designating a state education agency primarily responsible for state supervision of public schools to refer to the State Board of Education and requires the board to adopt rules and regulations for the allocation of federal funds to local school districts and other agencies entitled to receive federal funds for the support of schools. This bill would, notwithstanding any other law, designate the office of the Superintendent of Public Instruction as the state educational agency to carry out the purposes and provisions of the No Child Left Behind Act of 2001, and would vest the superintendent with all necessary power and authority to perform all acts necessary to receive the benefits and to allocate the funds provided by that act of Congress.

To the Members of the California State Assembly:

I am returning Assembly Bill 1846 without my signature.

This bill would only create more confusion of governance in the existing education system, if the Office of the Superintendent of Public Instruction (SPI) is the authority for provisions related to the No Child Left Behind (NCLB) Act and the State Board Education (SBE) is the authority for all other federal programs. In addition, this bill would undermine the authority of the SBE. Moreover, California has already submitted applications for various programs and received funding under the NCLB Act. This bill may force California to revise and resubmit current applications in order to meet the provisions of this bill, potentially jeopardizing receipt of federal funding. This shift in authority proposed by the bill would also limit statewide public input. Although the SPI is an elected official, I believe it is important for education stakeholders parents, students, teachers, administrators, and community members to have an official venue for public testimony. The SBE holds public hearings on various K-12 education issues throughout the state for issues to be appropriately heard and considered. For these reasons, I am unable to support this bill.

Sincerely,

Arnold Schwarzenegger

AB 1860 (Reyes)

Charter schools.
The Charter Schools Act of 1992 authorizes any person seeking to establish a charter school to petition the governing board of a school district to approve a charter that permits a school to operate independently from the existing school district structure as a method of accomplishing specified goals. This bill would, instead, prohibit a governing board from denying a petition, unless it makes findings that the petition lacks a description of the procedures by which a pupil may be subject to discipline and the procedure employed by the charter school to safeguard the due process rights of pupils. The bill would, in addition, prohibit a governing board from denying a petition unless it makes findings that the petition lacks an assurance of compliance with the Ralph M. Brown Act, or a description of compliance with requirements relating to certain pupils no longer enrolled in the charter school. The bill would additionally provide that charter schools shall be subject to the open meeting requirements of the Ralph M. Brown Act rather than other comparable provisions of law. By imposing additional evaluation requirements on school districts with regard to charter petitions, 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:

I am returning Assembly Bill 1860 without my signature.

All charter schools should be held accountable for the academic achievement of their students and charter school students should be responsible for giving their best effort to reach their potential. However, this bill runs counter to the general intent of charter schools, which is to operate independently from the existing school district structure. Current law exempts charter schools from most laws governing school districts. This bill would subject charter schools to specific regulations a nd laws that may hamper their ability to focus on innovation in the classroom and increasing student performance. For these reasons, I cannot support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 1897 (Reyes)

School district governing boards: pupil members.
Existing law requires the governing board of a school district to appoint to its membership one or more nonvoting or preferential voting pupil members, as defined, if pupils petition the governing board to make those appointments. This bill would delete those provisions and would instead require the governing board of a school district to appoint to its membership a preferential voting pupil member. This bill would also require school districts with more than one high school to select a pupil member from a different high school each year on a rotating basis. This bill would make that duty operative commencing on July 1, 2005. By imposing additional duties on school districts, 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:

I am returning Assembly Bill 1897 without my signature.

The State Board of Education includes a student member whose participation brings a vibrant dynamic to the statewide policy debate. I am especially pleased with the contributions that the student member I recently appointed has brought to the current State Board. However, mandating that school districts appoint a preferential voting student member to local school board is unnecessary since existing law already provides a mechanism for student representation on local school boards. As such, I encourage all interested students to pursue the wonderful opportunity of being appointed to their local school board, under the provisions of current law.

Sincerely,

Arnold Schwarzenegger

AB 1914 (Montanez)

Education in state prisons.
Existing law requires the Director of Corrections to appoint a Superintendent of Correctional Education to oversee and administer all prison education programs. Existing law requires the Superintendent of Correctional Education to set both short- and long-term goals for inmate literacy and testing and establish priorities for prison education programs. This bill would change the position of Superintendent of Correctional Education to Deputy Director of Correctional Education and require the deputy director to report directly to the Director of Corrections. The deputy director would oversee and administer all prison education programs in conjunction with the Robert E. Burton Correctional Education Committee, which would submit a list to the Director of Corrections of 3 to 5 recommended candidates from which the Director of Corrections would appoint one to serve as Deputy Director of Correctional Education. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1914 without my signature.

I appreciate and share the authors interest in improving correctional education programs. That is one reason why I appointed Jeanne Woodford as the current California Department of Corrections (CDC) Director, based on her proven support for correctional education programs while Warden at San Quentin State Prison. Signing this bill would only hamper the improvements being planned and implemented by the Director. This bill eliminates accountability for the education programs by creating another layer of bureaucracy that is not directly answerable to the Director. Appointment of a Deputy Director for Correctional Education could only be made from a list of candidates provided by the Correctional Education Committee. This clearly usurps the Directors authority at a time when she is tasked with evaluating the current educational, vocational and treatment programs in order to implement a comprehensive plan to provide more rehabilitation opportunities to end the cycle of violence CDC's Director has an existing Advisory Committee on Correctional Education, which includes representatives of the Superintendent of Public Instruction, and the Chancellors of both the California State University system and the California Community Colleges system. This bill would replace the existing committee with the 15-member Correctional Education Committee appointed by 12 different appointing authorities, hampering the Directors ability to improve and expand education programs. For these reasons I am unable to support this measure.

Sincerely,

Arnold Schwarzenegger

AB 1918 (Montanez)

School employees.
Under existing law, when a certificated or classified school employee exhausts all available sick leave and continues to be absent from his or her duties on account of illness or accident for an additional period of 5 school months, the employee during those 5 months receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. This bill would allow a school employee, in a school district that is not subject to the disability compensation laws, to use up to 6 weeks of the 5-month period during which the employee receives differential pay to take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 1918 without my signature.

This bill would require school districts to provide additional disability compensation benefits to school employees, without requiring employees to contribute for the cost of those benefits. These benefits are currently subject to collective bargaining and are appropriately determined at the local level. Requiring all districts to provide this benefit could increase benefit costs and may not be of the highest priority for districts or their employees. For these reasons, I cannot sign this bill, but would encourage school districts to work with their collective bargaining representatives to determine the need for this benefit.

Sincerely,

Arnold Schwarzenegger

AB 1944 (Hancock)

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, for purposes of computing the average daily attendance generated by a pupil enrolled in a history or social science course required by a school district as a condition of receipt of a high school diploma, deem a pupil serving as a member of a precinct board for an election to be under the immediate supervision, as defined, of the certificated teacher of the history or social science course.

To the Members of the California State Assembly:

I am returning Assembly Bill 1944 without my signature.

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

AB 1988 (Hancock)

Schools: Irradiated foods.
Existing law authorizes the governing board of a school district to establish food services in the schools under its jurisdiction. This bill would prohibit a school from serving irradiated foods, unless specified conditions regarding those sales are met.

To the Members of the California State Assembly:

I am returning Assembly Bill 1988 without my signature.

While we always want to keep parents informed of a variety of issues, imposing the additional administrative duties proscribed in this bill would increase the cost on school districts by an estimated $5.3 million annually. Since information concerning irradiated food is already available from a variety of sources, these funds would be better spent in the classroom. Therefore, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2015 (Chu)

Special education: individualized education program team.
Existing law requires a school district, special education local plan area, or county office of education to conduct meetings, through an individualized education program team, for the purposes of developing, reviewing, and revising the individualized education program of an individual with exceptional needs. Existing law requires the individualized education program team to be comprised of certain persons, including, whenever appropriate, the individual with exceptional needs. This bill would require an individual with exceptional needs who is over the age of 13 and who has been removed from home, as provided, to be included in the team if a surrogate parent has been appointed to represent the individual's interest, except as provided. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2015 without my signature.

This bill is unnecessary. While I appreciate the authors intent to provide foster youth with exceptional needs a voice in their individualized education program, I believe that current law already responsibly addresses this issue. This bill mandates that the foster youth with exceptional needs over the age of 13 be included on the individual education program team. Current law already requires the individual education program team to include the individual with exceptional needs, when ever appropriate. For this reason, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 2035 (Nakano)

School facilities: regional occupational centers.
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 deem regional occupational centers to be school districts for school modernization funding purposes of the Leroy F. Greene School Facilities Act of 1998 if the centers would not otherwise qualify for school modernization funding. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2035 without my signature.

This bill would set a precedent for double counting some students in the School Facilities Program by allowing Regional Occupational Centers/Programs (ROC/Ps) and school districts to both receive funding for the same student. While I am supportive of the services provided by ROC/Ps, I cannot support this kind of funding mechanism. For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

AB 2055 (Wolk)

General plan elements.
Existing law requires every city and county to prepare, adopt, and amend a general plan stating development policies and including specified elements, including a conservation element and an open-space element. Existing law provides that no building permit may be issued, no subdivision map approved and no open-space zoning ordinance adopted unless the proposed construction, subdivision, or ordinance is consistent with the local open-space plan. This bill would provide that the conservation element may include the conservation of agricultural lands. The bill would provide that the open-space element, which the bill would rename as the agricultural and open-space element, is the component of a county or city general plan adopted by the legislative body, as specified, and would provide subjects that may be included in the agricultural and open-space element. The bill would make other technical, non substantive changes.

To the Members of the California State Assembly:

I am returning Assembly Bill 2055 without my signature.

Agriculture is one of the most important economic sectors, accounting for over $27 billion in California's economy. As of 2003, 48 local jurisdictions had specifically addressed agriculture in their general plans. This bill would impose new state requirements on all local governments general plans. This bill adds no new protections for agricultural land. In fact, while it renames the Open Space Element to the Agricultural and Open Space Element, it does not require agricultural land to be considered in that element. While I believe that land planning should be done at the local level, it is imperative that the state have a comprehensive vision for land use in California. I have begun work with my Cabinet to develop strategies to ensure that Californians have enough housing and better roads, while at the same time maintaining the natural splendor of our open spaces and the rich economic value of our agricultural lands.

Sincerely,

Arnold Schwarzenegger

AB 2064 (Goldberg)

Parks and recreation: active recreation.
Existing law establishes the Department of Parks and Recreation, which has control of the state park system. This bill would enact the Active Recreation Act, which would authorize the department to facilitate active recreation activities, as defined, in park poor areas, as defined, if specified circumstances apply. The bill would authorize the department, for an acquisition of property after January 1, 2005, to enter into a lease of up to 25 years with a city or county, in order to provide a suitable site for active recreation, if specified conditions are met. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2064 without my signature.

Encouraging recreational activities in park poor areas for young people is a very worthwhile goal for our state. This bill directs DPR to facilitate local active recreation opportunities in park poor areas and to enter into a lease of up to 25 years with local entities. However, DPR already facilitates active recreation activities in park poor areas through its Office of Grants and Local Assistance, which provides a substantial amount of financial and technical assistance to local entities for their park and recreation needs. Local recreation opportunities should be provided by local entities on locally-owned property. Any exceptions should be made on a case-by-case basis following thorough analysis. Should an exception be deemed necessary, there is already an established process for DPR to enter into short-term and long-term leases. For the above reasons I cannot support this measure.

Sincerely,

Arnold Schwarzenegger

AB 2079 (Oropeza)

Voter information: privacy.
Existing law sets forth the requirements for the information to be provided on the affidavit of registration, including that the affidavit of registration include the affiant's California driver's license number, California identification card number, or any other identification number specified by the Secretary of State. This bill would additionally authorize the use of the last 4 digits of the affiant's social security number on the affidavit of registration, and would require that the affiant be advised on the affidavit that only one type of identification number need be provided, as specified. The bill would require the affidavit of registration to contain a statement about confidentiality of the personal information of certain voters, as specified, a statement that commercial use of voter registration information is a misdemeanor, and a toll-free hotline telephone number that the public may use to report suspected fraudulent activity concerning the misuse of voter registration information. This bill contains other related provisions and other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2079 without my signature.

This bill intends to address various recommendations of the Secretary of States Task Force on Voter Privacy. I believe that an open election process instills confidence in California's voters and that any effort to protect a voters privacy must be weighed against the open elections process. Current law provides that the processing of provisional voters is open to the public, both before and after an election. Prior to the processing of provisional ballots, an elections official must make available a list of provisional voters for public inspection, from which challenges may be presented. This bill would prohibit an elections official from disclosing the identity of any provisional voter or a list of such voters before an election is certified, which would make the elections process less accessible to the public during the critical canvass period.

Sincerely,

Arnold Schwarzenegger

AB 2080 (Firebaugh)

Academic Improvement and Achievement Act.
Existing law, the Academic Improvement and Achievement Act, authorizes local educational agencies to submit proposals to the Superintendent of Public Instruction to fund activities that will increase the percentage of pupils at qualifying high schools who meet the requirements for admission to the California State University and the University of California. Existing law requires the Superintendent of Public Instruction to develop an application inviting local educational agencies to apply to receive funds for qualifying schools, subject to an appropriation for the purposes of the act. Existing law states the intent of the Legislature that the grants for purposes of the program be funded by an appropriation in the annual Budget Act. This bill would appropriate $5,000,000 from the General Fund to the State Department of Education for the purposes of the Academic Improvement and Achievement Act. These funds would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

To the Members of the California State Assembly:

I am returning Assembly Bill 2080 without my signature.

Funding for a new cohort pursuant to the Academic Improvement and Achievement Act (AIAA) was not included in the final budget for 2004-05. I deleted the $5 million augmentation because this small competitive grant program helps only 12 districts out of over 1,000 school districts in the state. The program has sufficient funding to complete the existing cohort. As previously stated, these funds should be spent for educational priorities agreed to with the education community to provide more flexible funding so local schools can fund their most important needs. Therefore, I am unable to support this legislation.

Sincerely,

Arnold Schwarzenegger

AB 2152 (Goldberg)

Pupil achievement grant program.
Existing law establishes various categorical education programs under which funding is provided for specific educational purposes. This bill would establish the Pupil Achievement Program for the purpose of consolidating funding and providing flexibility at the school site in the use of funds from specified categorical education programs. The bill would require a school district to ensure that, from funds apportioned to the school district in each school year for the specified categorical education programs, it expends an amount for direct services to pupils in eligible schools in accordance with specified minimum percentages for any purpose authorized by those programs. The bill would require a school district receiving program funds to ensure that the school district and each school has or continues to maintain advisory committees and school site councils. The bill would also require the school district to have a single school plan that incorporates specified requirements and to use funds allocated pursuant to the program to serve and assist pupils eligible for free or reduced price meals and pupils identified as limited English proficient at eligible schools.

To the Members of the California State Assembly:

I am returning Assembly Bill 2152 without my signature.

While I understand the authors intention to address categorical programs, this bill actually limits the flexibility in the allocation of funds to best meet the needs of schools at the local level. The bill dictates an allocation formula to local districts, instead of allowing school boards the ability to determine the allocation based on their specific needs. For these reasons, I cannot sign this measure.

Sincerely,

Arnold Schwarzenegger

AB 2240 (Oropeza)

Equity in Athletics Bill of Rights.
Existing law, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted, without regard to the sex of the pupil enrolled in the class or course. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under any education program or activity receiving federal financial assistance. This bill would enact the Equity in Athletics Bill of Rights and would enumerate the rights available to a pupil relating to gender equity in athletics. The bill would require the State Department of Education to post the bill of rights on its Web site and would require a school board that elects to offer competitive or club sports to its pupils to print and post posters setting forth the bill of rights. The bill would require the posters to contain specified information and would require the poster to be posted at the entrance of the school gym and in the male and female locker rooms.

To the Members of the California State Assembly:

I am returning Assembly Bill 2240 without my signature.

The Federal Title IX requirements that are intended to ban sex discrimination in school academics and athletics have provided a worthy benefit to improving equity in athletics for women and men. However, establishing an additional Equity in Athletics Bill of Rights is generally duplicative and unnecessary. Instead, the Legislature could approve a bill requiring the posting of existing Title IX requirements, on school campuses and on the California Department of Education web site, to help promote greater student and parental awareness of athletic equity issues in California schools.

Sincerely,

Arnold Schwarzenegger

AB 2275 (Dymally)

Equal opportunity programs.
The State Civil Service Act requires each state agency and department to establish an effective affirmative action program with specified components, and to establish goals and timetables designed to overcome any identified underutilization of minorities and women in their respective organizations. Existing law requires the State Personnel Board to conduct specified activities in this regard. This bill would repeal these provisions. It instead would require each state agency to establish an equal opportunity program to ensure that the state policy of providing equal opportunity to all job applicants and employees, based on merit, and prohibiting illegal discrimination in every aspect of personnel policies and employment practices, is fully implemented. It would require the State Personnel Board to conduct specified activities in this regard. This bill contains other existing laws.

To the Members of the California State Assembly:

I am returning Assembly Bill 2275 without my signature.

My Administration is firmly committed to ensuring equal employment opportunities for anyone interested in public service with the State of California and that is why my Administration issued Executive Order S-6-04 in March of this year which clearly sets forth the States employment opportunity policies. In a recent court decision, Connerly v. State Personnel Board, the Third District Court of Appeals, invalidated specified sections of the State Civil Service Affirmative Action Program as unconstitutional. However, the sections that provide for data collection and reporting were not found unconstitutional and were not invalidated. Accordingly, under both state and federal law, state agencies have a responsibility to maintain statistical information on the composition of their workforce, and s tate agencies are required by federal law to identify racial, gender and ethnic under-representation in their workforce. I fully expect that all state agencies will comply with this responsibility and maintain meaningful information on the composition of the state workforce. I would consider legislation that repeals those provisions of law that have been judicially invalidated. I encourage the State and Consumer Services Agency to work with the proponents of this legislation to craft a measure that will eliminate the invalid statutory provisions, but does not impose additional reporting and record keeping requirements.

Sincerely,

Arnold Schwarzenegger

AB 2295 (Hancock)

Academic and career exploration plan.
Existing law authorizes the governing board of any school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district. This bill would authorize a school district to provide a pupil with an academic and career exploration plan prior to the completion of grade 9. The bill would require the plan to include a sequence consisting of academic courses that satisfy state and school district requirements and standards for entry into postsecondary education, a sequence consisting of courses or career exploration activities that provide an awareness of career opportunities or training for entry into the work world following graduation from high school, and participation in certain specified academies and programs that focus on career exploration, or career and technical education, or both.

To the Members of the California State Assembly:

I am returning Assembly Bill 2295 without my signature.

While I am generally very supportive of increasing student awareness of career opportunities and guidance in career technical education so that they can be better prepared in workforce competencies, no additional statutory authority is necessary for school districts to provide the services outlined in th