Highlights from Recent Committee Actions
- Charter school governance bills passed out of Senate Education Committee
- Alternative testing bill gained nearly unanimous support
- STEM and Special Education proposals that weren’t funded in the budget moved forward as policy discussions
- Bill that would restore Net Neutrality in California hijacked in committee
Following the June 1 deadline for bills to pass out of their house of origin and to the second house for consideration, the Senate and Assembly policy committees continued to hear opposite house bills ahead of the policy committee deadline for fiscal bills at the end of the month.
Charter School Bills Advance
Unlike previous weeks’ hearings, where the bills heard were largely non-controversial, last week’s Senate Education Committee hearing saw a number of high-profile education bills. Two of these bills were charter school oversight proposals carried over from last year. AB 276, by Assembly Member Jose Medina, would subject charter schools to the requirements of Brown Act, the Public Records Act, and the Political Reform Act. Committee amendments regarding board member leases and loans moved the California Charter Schools Association to neutral but raised concerns with other opposition, who argued the amendments were unreasonable and too restrictive. The committee also heard AB 406, by Assembly Member Kevin McCarty, which would prohibit a charter school from operating as or being operated by a for-profit entity. While acknowledging that they are still works in progress, the committee passed out both bills, with commitments from each of their authors to continue to work with stakeholders on the final solutions.
Assessments and Pupil Health
Other high profile education bills recently heard and passed out of the education committees include AB 1951 by Assembly Member Patrick O’Donnell, which would require the Superintendent of Public Instruction to approve a nationally recognized high school assessment as an optional alternative to the grade 11 Smarter Balanced Summative Assessment. The bill passed out with no no-votes, though Senator Connie Leyva abstained from voting due to concerns raised regarding accommodations for special needs students. In the other house, the Assembly Education Committee heard and passed out SB 1127 by Senator Jerry Hill, which would authorize school governing boards to adopt a policy allowing a parent to administer to his or her student medical cannabis at a school site. Assembly Member Tony Thurmond raised concerns regarding the training of board members if the bill were to become law but the measure eventually passed out on a party line vote of 4-1, with Assembly Members Ash Kalra and Marc Steinorth not voting.
STEM and Special Education
Additionally, with the budget bill now at Governor Brown’s desk for his signature, the committees also heard a number of bill proposals that were initially pushed for inclusion in the final budget package but were ultimately not successful. These measures include AB 2186, Assembly Member Tony Thurmond’s STEM Teacher Grant Program, and AB 2704 and AB 3136, both by Assembly Member O’Donnell, dealing with special education resource centers and special education equalization, respectfully. Both AB 2704 and AB 3136 were included as part of the Assembly’s budget package but were not included as part of the budget deal reached between the Governor and Legislative leadership. Despite this lack of funding, all three bills passed out of the Senate Education Committee unanimously.
Net Neutrality
Additionally, while not heard in an Education policy committee, SB 822 (Wiener), the bill attempting to restore net neutrality in California, passed out of the Communications and Conveyance Committee last week with substantive, hostile amendments that severely diminish the bill’s protections. Senator Scott Wiener, the author of the bill, opened his comments to the committee by asserting that he did not accept the committee’s proposed amendments. However, in a unique and controversial move, the committee made a motion to vote on inserting the amendments into the bill before hearing any presentation on the measure whatsoever. The motion carried on an 8-0 vote, essentially forcibly amending the bill. Senator Wiener said what the committee did was “Outrageous… and if not a violation of the Assembly’s rules, was fundamentally unfair.”
Today, the bill will be heard in the Privacy and Consumer Protections Committee. It seems likely the bill will pass through the committee. What remains to be seen is what form the bill takes as it continues forward. Senator Wiener has said he plans to continue working on a possible deal to restore the bill to its previous form, or a more palatable form to the proponents of the original bill. We will continue to monitor this issue closely.
Below is a list of all the actions taken on K-12 bills by each house’s education committees.
Assessment and Accountability
- AB 1951 (O’Donnell) – Pupil assessments: Pathways to College Act.
This bill requires the Superintendent of Public Instruction (SPI) to approve, by an unspecified date, one or more nationally recognized high school assessments that a local education agency may, at its own discretion, administer in lieu of the grade 11 Smarter Balanced Summative Assessment, commencing with the 2019-20 school year.
Action: Passed with Amendments - AB 2878 (Chávez) – Local control and accountability plans: annual goals: state priorities: family engagement.
This bill adds family engagement to the parental involvement state priority and specifies that family engagement may include, but need not be limited to, efforts by the school district and each individual school site make to apply research-based practices, and treating families as partners to inform, influence, and create practices and programs.
Action: Passed - AB 3022 (Gonzalez Fletcher) – Retroactive grant of high school diplomas: deported pupils.
This bill authorizes schools to retroactively grant a high school diploma to a person who was deported by order of the federal government and was enrolled in grade 12 but did not receive a high school diploma because his or her education was interrupted due to the deportation.
Action: Passed
Charter Schools
- AB 276 (Medina) – Charter schools.
This bill subjects charter schools to a variety of the same open meeting, conflict-of-interest, and disclosure laws as traditional school districts.
Action: Passed with Amendments - AB 406 (McCarty) – Charter schools: operation.
This bill prohibits a charter school from operating as, or by, a for-profit corporation after January 1, 2019.
Action: Passed with Amendments - AB 1871 (Bonta) – Charter schools: free and reduced-price meals.
This bill requires charter schools to provide low-income students with one nutritionally adequate free or reduced-price meal each schoolday.
Action: Passed - AB 2601 (Weber) – Pupil instruction: sexual health education: charter schools.
This bill would require charter schools to provide comprehensive sexual health education and HIV prevention education at least once in junior high or middle school and at least once in high school.
Action: Passed with Amendments
Curriculum and Instruction
- AB 1868 (Cunningham) – Pupil instruction: sexual health education: sexually suggestive or sexually explicit materials.
This bill expressly authorizes school districts to provide optional instruction, as part of the age-appropriate comprehensive sexual health education and HIV prevention education that school districts are required to provide, regarding the potential risks and consequences of creating and sharing sexually-suggestive or explicit materials through cell phones, social networking sites, computer networks, or other digital media.
Action: Passed - AB 2015 (Reyes) Pupil instruction: information about completion of applications for student financial aid.
Requires, beginning in the 2020-21 school year, school districts and charter schools to ensure every student receives specific information on the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application, at least once before the student begins grade 12.
Action: Passed with Amendments - AB 2171 (Frazier) – Individuals with disabilities: special education and related services.
This bill expands the required contents of an individualized education program (IEP) for students who are 16 years of age, if the student qualifies for specified services, to include information on how the local educational agency (LEA) will support the student in obtaining or retaining competitive and integrated employment. Amendments were recommended by committee staff, but the author did not take them.
Action: Passed - AB 2239 (Eduardo Garcia) – Pupil instruction: world language courses: A–G course certification.
This bill requires the California Department of Education to encourage the governing board of each school district, and the governing body of each charter school, whose schools offer world language courses that are specifically designed for native speakers and that are not approved as “A–G” courses, to support their respective schools in submitting those courses to the University of California (UC) for certification and addition to the schools’ “A–G” course list.
Action: Passed (Consent) - AB 2514 (Thurmond) – Pupil instruction: dual language programs: grant program.
Establishes the Pathways to Success Incentive Program, to be administered by the CDE. The three-year program will annually award grants of up to $300,000 to Local Education Agencies (LEAs) to assist them in establishing or expanding dual language immersion programs, developmental programs for English Learners (ELs), or establishing early learning dual language learner programs.
Action: Passed with Amendments - AB 2704 (O’Donnell) – Special education programs: Family Empowerment Centers on Disability.
This bill requires the CDE to give priority to applicants for grants to Family Empowerment Centers on Disability (FEC) in regions of the state that do not have a FEC, provides a cost-of-living adjustment, and increases base funding once there is a Family Empowerment Center in each of the 32 regions in the state.
Action: Passed - AB 3223 (Grayson) – Special education: visually impaired pupils: braille: Unified English Braille.
This bill changes the definition of braille utilized in the Individual Education Program (IEP) for Visually Impaired Pupils from Standard English, American Edition to Unified English Braille (UEB).
Action: Passed (Consent) - SB 354 (Portantino) – Special education: individualized education programs: translation services.
Requires LEAs to provide most students’ parents with a translation, upon parental request, of the student’s IEP and other related documents in the native language of the parent within 30 days of the IEP team meeting, and requires translations to be conducted by a qualified translator.
Action: Passed - SB 947 (Jackson) – Pupil instruction: digital citizenship and media literacy.
Requires the SPI, on or before December 1, 2019, and in consultation with an advisory committee, to identify best practices and recommendations for instruction in digital citizenship, internet safety, and media literacy.
Action: Passed
Early Childhood
- AB 2292 (Aguiar-Curry) – Child care: reimbursement rates: startup costs: grants.
This bill establishes the Family Child Care Recruitment and Training Program of 2018 to recruit, train and support new family child care provides; adjusts the reimbursement rate for infant and toddler care; and increases access to inclusive early care and education environments and infant and toddler care by providing grants for one-time infrastructure costs.
Action: Passed - AB 2626 (Mullin) – Child care services.
This bill makes a number of statewide changes to subsidized child care and development programs, including raising the income eligibility threshold for families; changing the age restrictions for California State Preschool Programs (CSPP); providing opportunities for staff training; and increasing flexibility in the use of contracted funds.
Action: Passed (Consent) - AB 2698 (Rubio) – California state preschool programs: general child care and development programs: mental health consultation services: adjustment factors.
This bill defines early childhood mental health consultation service and expresses the intent of the Legislature to encourage the provision of these services in subsidized early care and education programs, specifies that the costs of providing early childhood mental health consultation services are reimbursable under certain conditions, and adds an adjustment factor.
Action: Passed - AB 2960 (Thurmond) – Child care and development services: online portal.
This bill requires the SPI to develop a comprehensive child care and development services online portal for families and providers.
Action: Passed (Consent)
Facilities
- AB 2488 (O’Donnell) – School facilities: task order procurement contracting: Los Angeles Unified School District.
This bill creates a five-year pilot program to allow Los Angeles Unified School District (LAUSD) to award multiple task order procurement contracts through a single bid request for repairing and renovating school facilities.
Action: Passed - AB 3058 (O’Donnell) – School facilities: inspections: examination and evaluation.
This bill revises the requirements for testing and evaluating school construction project inspectors.
Action: Passed (Consent) - AB 3205 (O’Donnell) – School facilities: modernization projects: door locks.
This bill requires school districts with modernization projects under the state School Facility Program, for school facilities constructed before January 1, 2012, to include interior locks as part of the project.
Action: Passed with Amendments (Consent)
Governance / Operations
- AB 2826 (Friedman) – Pupil enrollment: interdistrict attendance.
This bill requires school districts to post on their Web sites information relative to the interdistrict transfer process and timelines, including statements that the school district shall notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received; and notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the beginning of instruction in the school year for which interdistrict transfer is sought.
Action: Passed with Amendments (Consent) - AB 3086 (Kiley) – Interdistrict attendance: prohibition on transfers by a school district of residence.
This bill prohibits a school district of residence from denying the transfer to another school for students who are homeless, in foster care, migratory, or victims of bullying.
Action: Passed (Consent) - AB 3192 (O’Donnell) – LEA Medi-Cal billing option: audit guide.
This bill requires the Department of Health Care Services (DHCS) to prepare and complete a fiscal and program compliance audit guide for the LEA Medi-Cal billing option.
Action: Passed (Consent)
Human Resources
- AB 2012 (Medina) – School and community college employees: parental leave.
This bill requires school and community college districts to provide at least 50 percent of a certificated, academic, or classified employee’s regular salary for the remaining portion of the 12-workweek period of parental leave, regardless of the differential pay system used by the employer.
Action: Passed - AB 2128 (Kiley) – School employees: dismissal or suspension: hearings: evidence.
This bill expands the allegations that a testifying witness at an employment dismissal hearing can share, and decisions relating to the dismissal or suspension of an employee may be based, to include various behaviors or communications of a sexual or abusive nature with a pupil that occurred more than four years before the notice of intent to dismiss was filed.
Action: Passed (Consent) - AB 2153 (Thurmond) – Teachers: in-service training: lesbian, gay, bisexual, transgender, queer, and questioning pupil resources.
This bill requires all public schools to annually provide in-service training to teachers on school site and community resources available for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) students.
Action: Passed - AB 2168 (Thurmond) – Special Education: teachers: grant program.
This bill establishes the Special Education Teacher Grant program and appropriates two million dollars one-time to retain and mentor special education teachers.
Action: Passed with Amendments - AB 2186 (Thurmond) – Education finance: Golden State Science, Technology, Engineering, and Mathematics (STEM) Teacher Grant Program.
This bill establishes the Golden State Science, Technology, Engineering, and Mathematics (STEM) Teacher Grant Program, to be administered by the California Commission on Teacher Credentialing (CTC).
Action: Passed with Amendments (Consent) - AB 2234 (Jones-Sawyer) – School districts: employees: dismissal or suspension administrative proceedings: testimony of minor witnesses: pupil contact information.
This bill expands protections and support for minor witnesses in egregious misconduct dismissal cases against school employees.
Action: Passed - AB 2547 (McCarty) – Teachers: California Teacher Corps Act of 2018: teacher residency programs.
This bill establishes the California Teacher Corps program to provide matching grants to LEAs to create or expand teacher residency programs.
Action: Passed (Consent)
School Finance
- AB 716 (O’Donnell) – Public elementary and secondary schools: consolidated applications for funding: school plans for student achievement: schoolsite councils.
This bill revises and recasts provisions relating to the consolidated application, the Single Plan for Student Achievement, and schoolsite councils, and repeals the School-Based Program Coordination Act, to account for implementation of the local control funding formula and the federal Every Student Succeeds Act.
Action: Passed with Amendments - AB 1974 (Gonzalez Fletcher) – Pupils: collection of debt.
This bill prohibits public schools from billing a student or former student for a debt owed to the school.
Action: Passed - AB 2031 (O’Donnell) – Public contracts: school facility projects: bidding requirements.
This bill removes the January 1, 2019 sunset date on the requirement of general contractors and specified subcontractors to complete and submit a prequalification questionnaire and financial statement prior to bidding on school construction projects.
Action: Passed - AB 2235 (Quirk-Silva) – County community schools: funding.
This bill requires the Superintendent of Public Instruction (SPI) to transfer the Local Control Funding Formula (LCFF) apportionment amount for county community school students from the school district of residence to the county office of education (COE). Further, the bill authorizes the SPI to transfer an alternative amount from the school district of residence to the COE upon a mutual agreement.
Action: Passed (Consent) - AB 3136 (O’Donnell) – Special education funding.
This bill requires that special education funding rates to be equalized to the 95th percentile after the LCFF is fully funded and makes other various special education funding changes.
Action: Passed - AB 3228 (Burke) – School facilities: surplus real property: proceeds to pay emergency apportionment loan.
This bill authorizes four specified school districts currently under state receivership to bypass existing priorities for sale of surplus property and use the proceeds from the sale or lease of surplus property towards the outstanding balance on the district’s state emergency apportionment loan.
Action: Passed with Amendments
School Safety
- AB 1747 (Rodriguez) – School safety plans.
This bill revises provisions relating to comprehensive school safety plans to, among other things: (1) require charter schools to also develop a comprehensive school safety plan; (2) require local educational agencies to conduct drills, not less than once per year, on their tactical responses to criminal incidents; (3) increase the CDE’s responsibilities relating to school safety plans; and (4) requires schoolsite councils to also consult with the fire department and other first responder entities in the writing and development of the comprehensive school safety plan.
Action: Passed
Student Services
- AB 2022 (Chu) – Pupil mental health services: school notification.
This bill requires each school of a school district or county office of education and charter schools to notify students and parents or guardians of pupils, at least twice per school year, how to initiate access to available student mental health services on campus or in the community, or both.
Action: Passed - AB 2271 (Quirk-Silva) – School food authorities: federal equipment assistance grants: matching state grants.
This bill requires the CDE, upon appropriation by the Legislature and contingent upon federal funding, to provide a matching state grant of up to 100,000 to school food authorities participating in the federal National School Lunch Program that apply for and are awarded a federal Equipment Assistance Grant for School Food Authorities (SFAs).
Action: Passed - AB 2289 (Weber) – Pupil rights: pregnant and parenting pupils.
This bill establishes certain accommodations as rights of a pregnant or parenting students; requires schools to notify both pregnant and parenting students and their associated parent or guardian of their rights and available options; requires schools to provide excused absences for students to take care of a sick child without requiring a note from a doctor; and authorizes complaints of noncompliance using the Uniform Complaint Procedures (UCP).
Action: Passed with Amendments - AB 2691 (Jones-Sawyer) – Pupil health: pupil and school staff trauma: Trauma-Informed Schools Initiative.
This bill establishes the Trauma-Informed Schools Initiative within the CDE to address the impact of adverse childhood experiences on the educational outcomes of California pupils.
Action: Passed (Consent) - SB 972 (Portantino) – Pupil and student health: identification cards: suicide prevention hotline telephone numbers.
Requires public schools, private schools, and public and private institutions of higher education which issue pupil identification cards to print the telephone number for a suicide prevention hotline or the Crisis Text Line, or both telephone numbers.
Action: Passed