UndertheDome: State legislative updates
Published: September 1, 2008
Expressing his frustration with inaction on the state budget while the Legislature focused on unrelated bills, Gov. Arnold Schwarzenegger declared early last month that he would veto all legislation that reaches his desk until a budget is passed. That leaves bills that have passed both houses of the Legislature hanging in limbo at press time as budget negotiations continue. Governors typically must act within 12 days on legislation sent to them; however, they have until Sept. 30 to act on any legislation sent on or after Sept. 1 in the final weeks of the legislative session.
The following list is an update of noteworthy Assembly and state Senate bills as of mid-August.
AB 983 Public contracts: plans and specifications
Ma, D-San Francisco
This bill would require a local public entity, before entering into any contract for a construction project, to provide full, complete and accurate plans and specifications and estimates of cost. A local entity would be liable for cost increases due to allegedly inadequate plans, even without proof of an intentional misrepresentation or concealment of information. This bill would shift liability for cost increases from contractors to school districts while leaving existing protections for design professionals intact. The costs of school construction and modernization would likely increase.
Position: Oppose
Status: Awaiting consideration by the governor
AB 1885 Pupil instruction: intensive instruction and services
Nava, D-Santa Barbara
This bill would specify that eligible pupils who are enrolled in intensive instruction programs to help them pass the California High School Exit Examination for up to two years beyond their senior year shall not be counted as dropouts for purposes of specified data collection requirements.
Position: Sponsor
Status: Awaiting consideration by the governor
AB 2717 Special education: due process hearing: burden of proof
Lieber, D-Mountain View
This bill would counteract a ruling of the U.S. Supreme Court by transferring the burden of proof in due process hearings to the school district. This has the potential to drastically increase costs for the district.
Position: Oppose
Status: Held in the Senate Appropriations Committee
AB 2783 Special education: foster children: assessment and individualized education program
Plescia, R-San Diego
This bill would require a local educational agency to determine whether a pupil who is placed in a rate classification level 12, 13 or 14 group home or a community treatment facility is eligible for special education services. The LEA would be required to complete an individual education plan for the pupil within 20 administrative days from the date of receipt of the pupil’s special education assessment plan.
Position: Oppose. This bill would require LEAs to provide a higher level of service by performing duties in a shorter time frame than is required by existing law and would thus impose a state-mandated local program.
Status: Awaiting consideration on the Senate Floor
SB 1298 California education information
Simitian, D-Palo Alto
This bill would require the California Department of Education to establish a process by which local educational agencies would issue, maintain and report information for child development and education programs using the unique pupil identifiers established pursuant to the California Longitudinal Pupil Achievement Data System. The state chief information officer would be required to convene a working group to create a strategic plan regarding protocols and procedures to be used by state agencies in data processing, and to deliver the plan to the Legislature and the governor before Sept. 1, 2009.
Position: Support
Status: Awaiting consideration on the Assembly Floor
SB 1425 Pupil data
Steinberg, D-Sacramento
The bill would authorize local educational agencies to access specified data via the California Longitudinal Pupil Achievement Data System and, to the extent permissible under state and federal law, to share specified data via CalPADS. The CDE would be required to establish an education data team to act as an institutional review board to review and respond to all requests for pupil data.
Position: Support
Status: Awaiting consideration on the Assembly Floor
Related link:
Find updates on CSBA’s positions on current legislation @ www.csba.org/LegislationAndLegal.aspx.