Existing law, known as the Donahoe Higher Education Act, provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. This bill would prohibit any increase in the mandatory systemwide fees charged to a resident undergraduate student enrolled in the University of California or the California State University adopted on or after July 1, 2011, from being effective before 3 months have elapsed after the date on which the fee increase is adopted. The bill would also require the regents and the Trustees of the California State University to develop methodologies for the adjustment of fees in accordance with a prescribed procedure. The bill, commencing with the 2011–12 academic year, would require the Legislative Analyst's Office to annually review, and report to the Legislature, its findings, conclusions, or recommendations regarding the implementation of policies implemented pursuant to the bill. This bill would provide that its provisions would not apply to the University of California, except to the extent that the regents adopt a resolution making them applicable. The bill would request the regents to adopt policies that are consistent with this bill. These provisions would become operative on July 1, 2011.
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Existing law requires the Superintendent of Public Instruction to establish the capacity to provide transition services such as employment and academic training, strategic planning, interagency coordination, and parent training for a broad range of individuals with exceptional needs, including autism spectrum disorders and other disabilities. This bill, contingent upon the availability of federal funds for this purpose, would authorize a county office of education or consortium of county offices of education to establish pilot programs for the purposes of providing combined academic and occupational training to secondary school pupils with autism spectrum disorders and other exceptional needs. The bill would require a county office of education or consortium of county offices of education that establishes a pilot program pursuant to these provisions to submit an evaluation containing specified information about the program to the State Department of Education, the Assembly Committee on Education, and the Senate Committee on Education on or before January 1, 2014. These provisions would be repealed on January 1, 2015.
(1) The Personal Income Tax Law and The Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill, in accordance with legislative findings contained in this bill and for calendar years beginning on or after January 1, 2011, would, for a business entity, as described, that provides career technical education, authorize a credit against those taxes, subject to specified limitations, in an amount equal to that reserved and allocated by the Superintendent of Public Instruction. This bill would impose specified duties on the Superintendent of Public Instruction, the Franchise Tax Board, and the State Board of Equalization in administering the credits. (2) The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a hiring credit for qualified taxpayers who hire qualified employees, as defined, within enterprise zones, subject to specific criteria. Qualified employees includes, for purposes of the credit, an ex-offender, as defined. Existing law requires a taxpayer to obtain, from specified agencies, a certification providing that a qualified employee meets the requirements of the credit. This bill would, for taxable years beginning on or after January 1, 2011, revise the definition of "qualified employee" for this purpose, by providing that an ex-offender includes an individual who has been convicted of a felony or a misdemeanor offense punishable by incarceration, or a person charged with a felony or misdemeanor punishable by incarceration but placed on probation without a finding of guilt, with specified exclusions. This bill would also, for taxable years beginning on or after January 1, 2011, revise the definition of "qualified employee" by removing, as an element of eligibility as a qualified employee, residency in a targeted employment or targeted tax area. Additionally, this bill would require taxpayers to apply for, and obtain, the certification of a qualified employee within 42 days of the date of hire of the qualified employee. This bill would also make technical, nonsubstantive changes to remove obsolete references in the credit provisions. This bill would take effect immediately as a tax levy.
Existing law requires a local educational agency to implement one of several specified reforms for any other school which, after one full school year, is subject to corrective action pursuant to a specified provision of federal law and continues to fail to make adequate yearly progress, and have an Academic Performance Index score of less than 800, and where at least 12 of the parents or legal guardians of pupils attending the school, or a combination of at least 12 of the parents or legal guardians of pupils attending the school and the elementary or middle schools that normally matriculate into a middle or high school, as applicable, sign a petition requesting the local educational agency to implement one of the alternative governance arrangements, unless the local educational agency makes a finding in writing why it cannot implement the recommended arrangement and instead designates in writing which of the other alternative governance arrangements it will implement in the subsequent school year. This bill would state the intent of the Legislature to enact legislation relating to parent empowerment.
Existing provisions of the California Constitution provide that the University of California constitutes a public trust and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. These provisions require that corporation to have all powers necessary or convenient for the effective administration of its trust. This measure would repeal on January 1, 2011, the constitutional provisions relating to the university and the regents and would require the university and the regents to be continued in existence subject to legislative control as may be provided by statute. The measure would require the Legislature to enact legislation to implement these provisions, but would prohibit the Legislature from enacting any law that restrains academic freedom, as defined, or imposes educational or curricular requirements on students enrolled at the University of California.
(1) Existing law provides that, after a certificated employee of a school district or a county superintendent of schools with an average daily attendance of 250 or more completes 2 consecutive years of employment and is reelected for the next succeeding school year to a position requiring certification, the employee becomes and is classified as a permanent employee of the school district or county superintendent. Existing law additionally requires the governing board of a school district or county superintendent to notify the employee on or before March 15 of the employee's 2nd year of probation of the decision of the governing board or school district to reelect or not reelect the employee for the next succeeding school year to the position. This bill would instead require the governing board and county superintendent of schools to notify the employee of its decision to reelect or not reelect the employee on or after May 1 but no later than 30 days before the last schoolday scheduled on the school calendar of the employee's 2nd year of probation. (2) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state, including schools conducted or maintained by county superintendents of education. Existing law requires the evaluation and assessment system to involve the development and adoption of objective guidelines that may be uniform throughout the district or, for compelling reasons, be individually developed for territories or schools within the district. This bill would make this provision inoperative on July 1, 2012, and repeal it as of January 1, 2013. The bill would reenact the requirement that the governing board establish a uniform system of evaluation and assessment and require it to be a rigorous, transparent, and fair multiple measures evaluation system for both teachers and principals. By requiring the evaluation and assessment system to conform to specified multiple measure requirements, the bill would impose a state-mandated local program. The bill would subject the requirement to develop and implement the evaluation system to specified annual audits commencing with the 2012–13 fiscal year and would require the Superintendent of Public Instruction to institute fiscal penalties, as specified, for noncompliance. (3) Existing law prohibits the evaluation and assessment of certificated employee performance from including the use of publishers' norms established by standardized tests. The bill would delete this prohibition. (4) Existing law establishes certain procedures with which the governing board of a school district is required to comply before dismissing or suspending a permanent employee, including, at the employee's option, a hearing. Existing law establishes a Commission on Professional Competence for each hearing, consisting of specified members. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board. Existing law prohibits a notice of dismissal or suspension initiated pursuant to these provisions from being given between May 15 and September 15, inclusive, in any year. This bill would delete that prohibition. The bill would make various changes to the provisions relating to the hearing, including authorizing the commission on professional competence to consist solely of an administrative law judge, as well as providing that the decision of the commission would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board. The bill would provide that an employee requesting a hearing would be placed on administrative leave without pay, unless the employee furnishes to the school district acceptable security, as specified, in which case the employee would be continued to be paid his or her regular salary. (5) Existing law authorizes the decision of a Commission on Professional Competence to be reviewed by a court of competent jurisdiction on petition of either the governing board or the employee. This bill would instead authorize the decision to be reviewed on petition of the employee. (6) Existing law requires, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given by the governing board to the employee, in a prescribed manner, before May 15. Existing law requires the superintendent of the district, prior to March 15 and before an employee is given the described notice, to give written notice to the governing board and the employee that it has been recommended that the notice be given to the employee, and stating the reasons therefor. Existing law authorizes an employee who is given this notice to request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. This bill would eliminate this notice requirement and the authority of an employee to request a hearing. (7) Existing law provides that when employees are terminated pursuant to a reduction in workforce, that a school district is required to terminate the employees in order of seniority. Existing law provides certain exceptions to this rule. This bill would provide additional exceptions, including authorizing school districts to terminate employees on the basis of performance evaluations, as specified, and on the basis that the employee is assigned to a schoolsite that has been selected by the governing board for exemption from certificated reductions in force, based upon the needs of the educational program. (8) Existing law generally requires school districts to adhere to certain requirements with respect to teacher and administrator employment. Existing law requires a charter school petition to set forth specified information in its charter relating to employment, including the qualifications to be met by individuals to be employed at the school. This bill would authorize school districts, county offices of education, and charter schools to assign, reassign, and transfer teachers and administrators based on effectiveness and subject matter needs, and without regard to years of service. (9) Existing law provides certain rights for permanent school employees who have been terminated pursuant to specified provisions of law, including the right to be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty, as specified, and generally requires terminations and reappointments to be made in order of seniority, as specified. Existing law also authorizes a school district to deviate from the order of seniority in certain circumstances. This bill would expand the list of circumstances under which a school district is authorized to deviate from terminating or reappointing a certificated employee in order of seniority. The bill would revise the compensation requirements for employees who serve as substitute teachers in a position requiring certification qualifications for 21 days or more within a period of 60 schooldays by requiring a school district to compensate the employee at a rate no less than the amount the employee would have received if he or she were being reappointed beginning on the 22nd day during that 60-day period instead of the first day of that service. The bill would prohibit a school district from taking into consideration whether an employee has exercised specified rights to meet and negotiate when deviating from the order of seniority. The bill would make the bill's provisions applicable to county superintendent of schools, and would delete obsolete provisions relating to employees who were on probation prior to 1984. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (11) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Open Enrollment Act, provides that pupils residing in the state may attend public schools in school districts other than their school district of residence, as defined. The parent or guardian of a pupil enrolled in a low-achieving school, as defined, may submit an application for the pupil to attend a school in a school district of enrollment, as defined. Existing law authorizes a school district of enrollment, as defined, to adopt specific, written standards for acceptance and rejection of applications for enrollment, subject to specified conditions and a specified priority scheme for applicants. Within 60 days of receiving an application for enrollment, a school district of enrollment must notify the applicant parent or guardian and the school district of residence, as defined, in writing whether the application has been accepted or rejected and, if an application is rejected, state in the notification the reasons for the rejection. The State Board of Education must adopt emergency regulations to implement these provisions. The Superintendent is required to contract for an independent evaluation of the program using federal funds appropriated for that purpose and to provide a final evaluation report to the Legislature, the Governor, and the state board on or before October 1, 2014. This bill would state the intent of the Legislature to enact legislation relating to school district enrollment policies.
Existing law establishes the Health Science and Medical Technology Project, administered by the State Department of Education to provide competitive grant funds to California public schools to enhance existing or establish new health-related career pathway programs. This bill would state findings and declarations of the Legislature regarding California's aerospace workforce and trends in California's high schools. The bill would create a pilot preapprentice aerospace machining program, administered by the California Labor and Workforce Development Agency to provide career technical education to high school pupils in the form of machining and related curriculum that can be applied to various manufacturing industries in California, including, but not limited to, aerospace manufacturing, as specified. The program would be funded by a direct federal appropriation, that would be deposited into the Machinist Investment Fund, which would be created by this bill. The bill would provide that implementation of the program would be contingent upon receipt of sufficient federal funding. Grants would be competitively awarded to community colleges based upon specified criteria, including their ability to address the existing local and regional industry manufacturing needs, while providing meaningful career technical education opportunities for at-risk youth. The bill would require the Chancellor's Office of the California Community Colleges system to develop preapprenticeship curriculum in aerospace technology, and machining technology generally. The model curriculum would be required to result in the issuance of a certificate of completion stating that the holder has completed curriculum that meets specified criteria. The bill would specify that, consistent with federal guidelines, each community college shall complete an evaluation of its participation in the pilot program on or before the end date of the grant award, and submit the evaluation to the chancellor's office by that date. The chancellor's office would be required to compile the information provided by the participating community colleges, and to submit an evaluation to the Legislature by December 1, 2013. The bill would provide that its provisions would remain in effect until January 1, 2015. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the University of California as a public trust and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. This bill would urge the regents to use educational fees, as defined, only for purposes that would be permissible uses of moneys from the General Fund.
(1) The California Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state, requires a retailer to obtain a separate license for each retail location, requires retailer licensees to pay a one-time license fee of $100, no renewal fee, and a reinstatement fee of $100 if the license is renewed after lapse, and authorizes the board to suspend or revoke the license of any retailer of tobacco products that is in violation of the act. Existing law requires all moneys collected pursuant to the act to be deposited in the Cigarette and Tobacco Products Compliance Fund, which is available for appropriation by the Legislature solely for the purpose of implementing, enforcing, and administering the California Cigarette and Tobacco Products Licensing Act of 2003. This bill would specify that a new license may not be issued to a retailer for a retail location that is located within 600 feet of a school, except as specified. This bill would prohibit the board from issuing a new license to a retailer for a retail location in an area of overconcentration, as defined. The bill would authorize the board to issue a new license if the local governing body of the area in which the applicant's premises are located, or its designated subordinate officer or body, determines that public convenience or necessity would be served by the issuance. The bill would require that determination to be made within 90 days of notification of a completed application, as specified, except that if the local governing body, or its designated subordinate officer or body, did not make a determination within 90 days the license would be deemed denied. The board would be authorized to issue a license if the determination is made within the 90-day period and the applicant shows that public convenience or necessity would be served by the issuance. The bill would set the renewal fee at $100. This bill would allow, under specified circumstances, a retailer to transfer an existing license to another person for continued use at the same location upon the sale or transfer of the business holding the license, if the business is in an area of overconcentration. This bill would require the Department of Alcoholic Beverage Control and the State Department of Public Health to provide specified information to the board upon request. (2) Existing law, the Stop Tobacco Access to Kids Enforcement Act or STAKE Act, establishes various requirements for retailers relating to tobacco sales to minors. Existing law also makes it a misdemeanor for a retailer to knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sell, give, or in any way furnish a minor with tobacco products or paraphernalia. Under existing law, violation of the STAKE Act or the misdemeanor provision result in State Board of Equalization action, on a set schedule, relating to the licensure of the retailer when the youth purchase survey finds that 13% or more of youth are able to purchase cigarettes, and makes the board's authority inoperative when a youth purchase survey shows less than 13% of youth were able to purchase cigarettes. This bill would allow the board to take action relating to the licensure of retailers who have violated the STAKE Act and misdemeanor provisions at any time, would require the enforcing agency to notify the board of a conviction of a violation in a timely manner, and would require the board to take appropriate action upon that notification. This bill would delete the provision conditioning the board's authority to take action against retailers on the results of a youth purchase survey. This bill would also modify the schedule of actions taken by the board for violations. This bill would require the Department of Alcoholic Beverage Control and the State Department of Public Health to provide specified information to the board upon request.