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AB 181: Education governance: State Board of Education: Superintendent of Public Instruction: Education Commissioner: State Department of Education: transfer of duties.

California · Assembly · 2025–2026 Regular Session · last verified August 24, 2026

What AB 181 does, verified August 24, 2026

This bill expresses the intent of the legislature to enact statutory changes. The changes aim to improve the budget act, which governs the allocation of state funds. The bill seeks to make these changes to ensure a more efficient and effective use of state resources. The intent is to benefit the state and its citizens.

Bill journey

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Last action: Chaptered by Secretary of State - Chapter 66, Statutes of 2026. (2026-06-29)Alert me

Author and sponsors

Asm. Jesse GabrielAuthor · California State Assembly

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Recent actions21 total · showing 5

Jul. 10, 2026	Chaptered by Secretary of State - Chapter 66, Statutes of 2026.
Jul. 10, 2026	Approved by the Governor.
Jun. 29, 2026	Assembly Rule 63 suspended. (Ayes 54. Noes 18. Page 5918.)
Jun. 29, 2026	Enrolled and presented to the Governor at 5:30 p.m.
Jun. 29, 2026	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 5. Page 5922.).

Full action history, 16 earlier actionsConnect Plus

Latest bill textChaptered version, July 10, 2026 · 34,948 words

Assembly Bill No. 181

CHAPTER 66

An act to amend Sections 60, 202, 233, 8802, 10864, 11000, 12010, 17463.5, 33000, 33000.5, 33001, 33043, 33102, 33111, 33112, 33113, 33114, 33115, 33116, 33117, 33117.5, 33117.7, 33118, 33119, 33120, 33121, 33122, 33125, 33126.1, 33126.2, 33126.5, 33127, 33133, 33133.5, 33190, 33191, 33195, 33195.1, 33195.4, 33195.5, 33301, 33302, 33305, 33308.5, 33595, 33802, 33803.1, 41320.1, 41320.2, 41321, 41325, 41326, 41327, 41327.1, 41327.2, 44113, 51747.3, 52074, 52163, 54441, 60605.7, 60605.10, 60648, 69513.2, 69562, 71000, and 76004 of, to amend the heading of Chapter 2 (commencing with Section 33100) of Part 20 of Division 2 of Title 2 of, to add Sections 98, 33101, 33110.5, 33302.5, and 33124 to, to add the headings of Article 1 (commencing with Section 33110), Article 2 (commencing with Section 33190), and Article 3 (commencing with Section 33195) to Chapter 2.5 of Part 20 of Division 2 of Title 2 of, to add the heading of Chapter 2.5 (commencing with Section 33110) to Part 20 of Division 2 of Title 2 of, to add Article 2 (commencing with Section 33105) to Chapter 2 of Part 20 of Division 2 of Title 2 of, to repeal Sections 8100, 33004, and 33005 of, to repeal the headings of Article 2 (commencing with Section 33110), Article 5 (commencing with Section 33190), and Article 6 (commencing with Section 33195) of Chapter 2 of Part 20 of Division 2 of Title 2 of, to repeal Article 3 (commencing with Section 33140) of Chapter 2 of Part 20 of Division 2 of Title 2 of, and to repeal and add Sections 33110 and 33303 of, the Education Code, and to amend Sections 7.6, 7.9, 8272, 8310.8, and 11903 of the Government Code, relating to education governance.

[ Approved by Governor July 10, 2026. Filed with Secretary of State July 10, 2026. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 181, Alvarez. Education governance: State Board of Education: Superintendent of Public Instruction: Education Commissioner: State Department of Education: transfer of duties.

(1) Existing law establishes the State Board of Education to adopt policies, and to establish rules and regulations, not inconsistent with the laws of the state, to govern the public elementary and secondary schools of the state. Existing law provides that the state board consists of 11 members, including 10 members who are appointed by the Governor to 4-year terms with the advice and consent of ²/₃ of the Senate and a student member appointed by the Governor to a 1-year term with the advice and consent of ²/₃ of the Senate.

This bill, commencing January 15, 2027, would expand the composition of the state board to instead be 13 members by replacing one of the nonstudent positions that expires on January 15, 2027, with the Superintendent, adding one member to be appointed by the President pro Tempore of the Senate, and adding one member to be appointed by the Speaker of the Assembly.

(2) Existing law requires the State Department of Education to be administered through the state board, which is the governing and policy determining body of the department, and the Director of Education, in whom all executive and administrative functions of the department are vested and who is the executive officer of the state board and the department. Existing law provides that the Superintendent is the ex officio Director of Education, and requires the department to be conducted under the control of the Director of Education. Existing law assigns to the Superintendent numerous duties related to the state board and the department.

This bill would revise and recast those provisions by, among other things, (A) deleting the provision in existing law that establishes the Superintendent as the ex officio Director of Education, (B) vesting all executive and administrative functions of the department in an Education Commissioner to be appointed by the Governor, with confirmation by the Senate, and to serve at the pleasure of the Governor, (C) transferring various duties of the Superintendent and the Director of Education relating to, among other things, the state board and the department, to the Education Commissioner, and (D) providing for the transfer, as specified, of certain employees (i) of the state board to the department, (ii) of the Superintendent to the department, and (iii) of the department to the Office of the Superintendent of Public Instruction, which the bill would establish, as specified.

The bill would make numerous conforming changes by, among other things, (A) providing, for numerous specified provisions of existing law, that the Education Commissioner or the department, as specified, succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Superintendent by those provisions, (B) requiring that any actions taken by the Superintendent pursuant to those provisions to instead be deemed to have been taken by the Education Commissioner or the department, as specified, (C) replacing the Superintendent with the Education Commissioner on specified bodies, including the California School Finance Authority, the Healthy Start Support Services for Children Program Council, the K–12 High-Speed Network advisory board, the School/Law Enforcement Partnership, the California Broadband Council, the State Allocation Board, the Interagency Advisory Committee on Apprenticeship, and the State Council on Developmental Disabilities, (D) adding the Education Commissioner to the California Academic Partnership Program, the California Education Interagency Council, and the governing board of the California Cradle-to-Career Data System, and (E) requiring that certain reporting requirements also be submitted to the Education Commissioner while still also being required to be submitted to the Superintendent.

The bill would require the Education Commissioner to develop findings and recommendations for a 2nd phase of education governance consolidation and streamlining, as specified, and to submit an interim report by June 30, 2027, with a detailed description of the process used to gather required input for the development of those findings and recommendations, and then, by October 1, 2027, a final report containing its findings and recommendations, to the Governor and the appropriate policy and fiscal committees of the Legislature.

(3) Existing provisions of the California Constitution require the quarterly allocation by the Superintendent of certain moneys in the Education Protection Account to school districts, county offices of education, and charter schools in proportion to certain calculations to provide general purpose funding to those local educational agencies, as specified.

This bill would require those quarterly allocations to instead be made by the department.

(4) Existing provisions of the California Constitution limit the authority of the state or an entity of local government to expend the proceeds of taxes, as defined. If the state incurs excess revenues above its appropriations limit for 2 consecutive fiscal years, the constitution requires 50% of the excess revenues to be transferred and allocated to the State School Fund for elementary, high school, and community college purposes. With respect to funds allocated to that portion of the State School Fund restricted for elementary and high school purposes, the California Constitution provides that no transfer or allocation of funds is required at any time that the Director of Finance and the Superintendent mutually determine that current annual expenditures per student equal or exceed the average annual expenditure per student of the 10 states with the highest annual expenditures per student for elementary and high schools, and that average class size equals or is less than the average class size of the 10 states with the lowest class size for elementary and high schools.

This bill would require that mutual determination to instead be made by the Director of Finance and the Education Commissioner.

(5) Existing law requires the state board, at the request of the Superintendent, to take certain actions aimed at discouraging the development of discriminatory attitudes in schools and at preventing and responding to hate violence, as defined, as long as the actions do not result in a state mandate or an increase in costs to a state or local program.

This bill would revise those provisions by authorizing the state board to take those actions at the request of the Education Commissioner instead of requiring the state board to take those actions at the request of the Superintendent.

(6) Existing law establishes the Office of Civil Rights, under the administration of the Government Operations Agency, with the purpose of working directly with local educational agencies to prevent and address discrimination and bias, as specified. Existing law requires the Office of Civil Rights, in consultation with the department and under the supervision of the Government Operations Agency, to, among other things, (A) subject to an appropriation, develop a training module, in consultation with the department, the executive director of the state board, and the office of the Attorney General, regarding the appropriate manner to process and resolve discrimination complaints, as specified, and (B) employ an Antisemitism Prevention Coordinator to, among other things, (i) make recommendations, in coordination with the executive director of the state board, on legislation necessary for the prevention of antisemitism in educational settings and (ii) beginning September 1, 2027, track and report to the Legislature, the executive director of the state board, and the Superintendent complaints and resolutions or lack of resolutions of complaints relating to antisemitism in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive.

This bill would revise those provisions by, among other things, transferring the duties of the executive director of the state board to the Education Commissioner.

(7) Existing law authorizes the governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations to request an emergency apportionment through the Superintendent, subject to specified requirements, including, among others, that the county superintendent of schools, the Superintendent, and the president of the state board or their designee, by majority vote, appoint a trustee, as specified. Existing law prescribes the financing conditions and other requirements on these emergency apportionments, as specified. If a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the school district’s recommended reserve, as specified, existing law provides that the school district’s acceptance of the emergency apportionment constitutes an agreement by the school district to additional conditions, including, among others, that the county superintendent of schools assumes all the legal rights, duties, and powers of the governing board of the school district, and requires the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or their designee, to appoint an administrator with specified powers.

This bill would revise and recast those provisions by among other things, transferring the duties of the Superintendent to the Education Commissioner and deleting the role of the president of the state board. If, within 20 business days of receipt of the pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team (FCMAT), the county superintendent of schools and the Education Commissioner do not inform FCMAT in writing of their joint appointment of a trustee, the bill would require FCMAT to appoint the trustee within 10 business days.

(8) Existing law requires the Superintendent, the state board, and any other entity or individual designated by the Governor to participate in the Common Core State Standards Initiative consortium sponsored by the National Governors Association and the Council of Chief State School Officers or any associated or related interstate collaboration to jointly develop common high-quality standards or assessments aligned with the common set of standards.

Existing law authorizes the Superintendent to recommend, and requires the state board to adopt, the college and career readiness anchor standards developed by the Common Core State Standards Initiative consortium.

Existing law establishes the California Assessment of Student Performance and Progress (CAASPP), for the assessment of certain elementary and secondary pupils. Existing law requires the Superintendent to recommend, and the state board to adopt, performance standards on the CAASPP summative tests.

This bill would remove the Superintendent’s authorizations and requirements pursuant to those provisions.

(9) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. The board of governors consists of 18 voting members, as provided.

This bill would add the Superintendent to the board of governors as a 19th voting member.

(10) This bill would declare that its provisions are severable.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

In regard to Sections 2 to 95, inclusive, of this act:

(a) The Legislature finds and declares all of the following:

(1) Each child is a unique person, with unique needs, and the purpose of the educational system of this state is to enable each child to develop all of their own potential, as set forth in Section 33080 of the Education Code.

(2) In order to support schools, administrators, teachers, and school staff in pursuing this goal, California’s state education agencies need to provide clear, coherent direction and assistance.

(3) Studies, research reports, legislative recommendations, and court rulings going back over a century have lamented California’s irrational governance structure that lacks coherence.

(4) In 1919, the State Department of Education’s “Blue Bulletin” publication predicted conflict between the Superintendent of Public Instruction and the State Board of Education that would be disastrous to educational leadership in the state. A year later, the Legislature issued a responsive report identifying the double-headed governance system as a primary problem of the education system.

(5) Further, in 1963, the California Attorney General opined: “This analysis of the respective powers and duties of the State Board of Education and Superintendent of Public Instruction once again underscores the long-recognized problem existing in this area. It would be fruitless here to discourse upon the difficulty of requiring a policy-making board appointed by the Governor to have its policies carried out by and through an individual who is elected by the people.”

(6) In 2002, the Legislature’s Joint Committee to Develop a Master Plan for Education produced a California Master Plan for Education that again recognized that “California’s K–12 education system is governed by a fragmented set of entities with overlapping roles that sometimes operate in conflict with one another, to the detriment of educational services offered to students” and recommended assigning management of the State Department of Education to a cabinet-level appointee of the Governor.

(7) In 2007, the Governor’s Committee on Education Excellence Technical Report found that “State-level educational roles currently are divided among many different entities without any underlying rationale, often with extensive overlap and conflicts of interest. Not surprisingly, such a system precludes meaningful accountability. Not only are local educators not effectively supported by the state, these state-level conflicts—or even the semblance thereof—impede local effectiveness when the direction given by the state is seen as unclear.”

(8) Most recently, the coauthor of TK–12 Education Governance in California: Past, Present, and Future, a report released in December 2025 by Policy Analysis for California Education, concluded “California can no longer postpone reforms that have been overdue for a century. We must take on the challenge of modernizing our governance system now.”

(9) Accordingly, aligning the administrative and management functions of the State Department of Education under the State Board of Education that serves as the “governing and policy determining body of the department” pursuant to Section 33301 of the Education Code would enable greater coherence and accountability for pursuing the purpose of the state’s educational system to support all pupils in reaching their full potential.

(b) (1) It is the intent of the Legislature to streamline and strengthen state governance of California’s transitional kindergarten through grade 12 education system under the State Board of Education to improve the delivery of education to California’s public education pupils, and to empower the Superintendent of Public Instruction to foster needed alignment and coordination of education policies from early childhood through postsecondary education with new governing board roles and responsibilities.

(2) It is further the intent of the Legislature to continue to review codes and statutes to ensure that necessary statutory references are updated as part of subsequent legislation to align with the changes in roles, responsibilities, and reporting structures pursuant to this act.

(c) (1) No later than October 1, 2027, the Education Commissioner shall develop findings and recommendations for a second phase of education governance consolidation and streamlining.

(2) In developing the findings and recommendations, the Education Commissioner shall establish and implement a process to gather input from Members of the Assembly and Senate and their staff, the Superintendent of Public Instruction, and affected interest holders.

(3) The findings and recommendations shall include, but not be limited to, all of the following:

(A) Identification of early education and transitional kindergarten through grade 12 public education support entities and programs operating outside of the department, including state entities, county offices of education and their contracted roles, including serving as regional and statewide leads, the California Collaborative for Educational Excellence, and the Office of Civil Rights.

(B) Recommendations for actions and activities necessary for a second phase of education governance consolidation and streamlining, including the evaluation of all entities that have authority over, or provide statewide support to, early education and transitional kindergarten through grade 12 programs, and how they might be organized to support improved child and pupil outcome more efficiently and effectively.

(C) Recommendations, developed in consultation with the Superintendent of Public Instruction, for refining the scope of responsibilities of the Office of the Superintendent of Public Instruction with a particular focus on prioritizing the Superintendent’s role as the independently elected nonpartisan voice for the public interest in the governance of the state’s educational systems, by:

(i) Fostering alignment and coordination of education policies through active engagement and thoughtful leadership on state boards, committees, and commissions covering early childhood through postsecondary education.

(ii) Representing the public interest through advocacy with the Legislature and the Governor on areas of high public concern and recommendations for addressing identified challenges.

(iii) Reporting to the Legislature on the condition of education based on statewide engagement and travel to identify significant trends, challenges, and emerging issues.

(iv) Ensuring independent evaluation of existing educational laws and programs as directed by the Legislature, including through review and approval of the scope of program evaluations to be contracted through the department or a local educational agency and the selection of independent program evaluators.

(v) Leveraging the Superintendent’s independence from the executive branch to enhance the Legislature’s ability to perform oversight of the state’s education system, while maintaining clear lines of authority and accountability within the governance structure.

(D) A recommended long-term fiscal plan, developed in consultation with the Superintendent of Public Instruction and the Department of Finance, to provide the Office of the Superintendent of Public Instruction with adequate staffing and resources to support established and recommended responsibilities.

(4) The Education Commissioner shall submit an interim report by June 30, 2027, with a detailed description of the process used to gather input pursuant to paragraph (2), and then, by October 1, 2027, a final report containing its findings and recommendations, to the Governor and the appropriate policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code.

SEC. 2.

Section 60 of the Education Code is amended to read:

60.

The Superintendent of Public Instruction, Deputy and Assistant Superintendents of Public Instruction, secretary of the Superintendent of Public Instruction, the Education Commissioner, or their designees, members of the Board of Governors of the California Community Colleges, the Chancellor of the California Community Colleges, county superintendents of schools, school trustees, members of boards of education, secretaries and assistant secretaries of boards of education, city superintendents of schools, district superintendents of schools, assistant superintendents of schools, deputy superintendents of schools, principals of schools, and every other officer charged with the performance of duties under the provisions of this code may administer and certify oaths relating to officers or official matters concerning public schools.

SEC. 3.

Section 98 is added to the Education Code, immediately following Section 97, to read:

98.

“Commissioner” or “commissioner” whenever used in this code means the Education Commissioner, unless the context requires otherwise.

SEC. 4.

Section 202 of the Education Code is amended to read:

202.

The Legislature finds and declares all of the following:

(a) California reaffirms that its laws and public policy support accurate and inclusive education in all of California’s schools, including in all school districts, county offices of education, and charter schools.

(b) The California Constitution protects pupils’ rights to share ideas and beliefs, including the right to receive information and knowledge, and guarantees pupils equal protection under the law.

(c) Education is a fundamental right under the California Constitution. State statutes further place upon local educational agencies the affirmative obligation to combat bias against pupils within their schools. Under California law, California schools must create an equitable learning environment where all pupils, including lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and Black, Indigenous, and other pupils of color feel welcome, including through honest discussions of racism, the history of slavery in our society and in California, and the diversity of gender and sexual orientation that reflects the lived reality of those pupils.

(d) Accurate and inclusive education is essential to ensure the educational success of all pupils, including LGBTQ pupils and Black, Indigenous, and other pupils of color.

(e) Restricting access to classroom and library materials because they feature LGBTQ people or were written by LGBTQ authors discriminates against LGBTQ people and constitutes censorship in violation of California law and policy. Similarly, efforts to categorically exclude topics related to race, ethnicity, gender, sexual orientation, or other protected characteristics, or of present or historical discrimination based on protected characteristics, from school library collections, curricula, or classroom discussions constitute censorship that violates California law and policy.

(f) The Superintendent, Education Commissioner, and other state officials and agencies have the authority to enforce federal and state laws that protect pupils from unlawful discrimination and harassment and that require local educational agencies to create an equitable learning environment for all pupils, regardless of race, ethnicity, gender, sexual orientation, or other protected characteristics. This authority includes the power to ensure that local educational agencies comply with laws supporting pupils’ right to receive accurate and inclusive education in California’s schools.

SEC. 5.

Section 233 of the Education Code is amended to read:

233.

(a) At the request of the Education Commissioner, the State Board of Education may do any of the following as long as the board’s actions do not result in a state mandate or an increase in costs to a state or local program:

(1) Adopt policies directed toward creating a school environment in kindergarten and grades 1 to 12, inclusive, that is free from discriminatory attitudes and practices and acts of hate violence.

(2) Revise, as needed, and in accordance with the State Board of Education’s adopted Schedule for Curriculum Framework Development and Adoption of Instructional Materials developed pursuant to Section 60200, the state curriculum frameworks and guidelines and the moral and civic education curricula to include human relations education, with the aim of fostering an appreciation of the diversity of California’s population and discouraging the development of discriminatory attitudes and practices.

(3) Establish guidelines for use in teacher and administrator in-service training programs to promote an appreciation of diversity and to discourage the development of discriminatory attitudes and practices that prevent pupils from achieving their full potential.

(4) Establish guidelines for use in teacher and administrator in-service training programs designed to enable teachers and administrators to prevent and respond to acts of hate violence occurring on their school campuses.

(5) Establish guidelines designed to raise the awareness and sensitivity of teachers, administrators, and school employees to potentially prejudicial and discriminatory behavior and to encourage the participation of these groups in these programs.

(6) Develop guidelines relating to the development of nondiscriminatory instructional and counseling methods.

(7) Revise any appropriate guidelines previously adopted by the board to include procedures for preventing and responding to acts of hate violence.

(b) The State Department of Education, in accordance with policies established by the State Board of Education for purposes of this subdivision, shall do all of the following:

(1) Prepare guidelines for the design and implementation of local programs and instructional curricula that promote understanding, awareness, and appreciation of the contributions of people with diverse backgrounds and of harmonious relations in a diverse society. The guidelines shall include methods of evaluating the programs and curricula and suggested procedures to ensure coordination of the programs and curricula with appropriate local public and private agencies.

(2) Provide grants, from funds appropriated for that purpose, to school districts and county offices of education to develop programs and curricula consistent with the guidelines developed in paragraph (1).

(3) To the extent possible, provide advice and direct services, consistent with the guidelines developed in paragraph (1), to school districts and county offices of education that implement the programs and curricula developed in paragraph (2).

(c) The State Board of Education shall carry out this section only if private funds, in an amount sufficient to pay for related State Department of Education staff activities on behalf of the board, are made available.

(d) Nothing in this section shall be construed to require the governing board of a school district to offer any ethnic studies or human relations courses in the district.

(e) As used in this section, “hate violence” means any act punishable under Section 422.6, 422.7, or 422.75 of the Penal Code.

SEC. 6.

Section 8100 of the Education Code is repealed.

SEC. 7.

Section 8802 of the Education Code is amended to read:

8802.

For the purposes of this chapter, the following definitions apply:

(a) “Consortium” means two or more local educational agencies.

(b) “Cooperating agency” means any federal, state, or local public or private nonprofit agency that agrees to offer support services at a schoolsite through a program implemented under this chapter.

(d) “Lead agency” means the department.

(e) “Local educational agency” means a school district or county office of education.

(f) “Private partner” means a private business or foundation that provides financial assistance or otherwise assists a support services program operated under this chapter.

(g) “Qualifying school” means a school that is any of the following:

(1) A school that maintains kindergarten or any of grades 1 to 6, inclusive, in which 50 percent or more of the enrolled pupils either (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552.

(2) A school that maintains any of grades 7 to 12, inclusive, in which 35 percent or more of the enrolled pupils either (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552.

(3) A school that does not satisfy the criteria in paragraph (1) or (2) but that demonstrates other factors that warrant its consideration, including, for example, exceptional need, potential to serve as a model program, or service to a particular target population. No more than 10 percent of the schools that participate in the program established by this chapter may be schools that qualify under this paragraph. A school that receives a grant under this paragraph shall ensure that the following pupils in that school are given priority to receive services provided with the grant money: (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552.

(h) “Agency secretary” means the Secretary of the Health and Welfare Agency.

(i) “Support services” means services that will enhance the physical, social, emotional, and intellectual development of children and their families.

SEC. 8.

Section 10864 of the Education Code is amended to read:

10864.

(a) The data system shall be governed by a governing board composed of the following 22 members:

(1) The Superintendent of Public Instruction or the Superintendent’s designee.

(2) The Education Commissioner or the commissioner’s designee.

(3) The Chancellor of the California Community Colleges or the chancellor’s designee.

(4) The Chancellor of the California State University or the chancellor’s designee.

(5) The President of the University of California or the president’s designee.

(6) The President of the Association of Independent California Colleges and Universities or the president’s designee.

(7) The Chief of the Bureau for Private Postsecondary Education or the chief’s designee.

(8) The Executive Director of the Student Aid Commission or the executive director’s designee.

(9) The Executive Director of the Commission on Teacher Credentialing or the executive director’s designee.

(10) The Secretary of California Health and Human Services or the secretary’s designee.

(11) The Secretary of Labor and Workforce Development or the secretary’s designee.

(12) Four public members, to be appointed by the Governor, as follows:

(A) Two elementary and secondary education practitioners to serve as a representative of elementary and secondary educators, counselors, and administrators.

(B) Two members of the public who meet the requirements of paragraph (1) of subdivision (c).

(13) Four members of the public, to be appointed by the Legislature, as follows:

(A) Two members of the public to be appointed by the Speaker of the Assembly.

(B) Two members of the public to be appointed by the President pro Tempore of the Senate.

(14) One Senator appointed by the President pro Tempore of the Senate, or the Senator’s designee.

(15) One Assembly Member appointed by the Speaker of the Assembly or the Assembly Member’s designee.

(16) The Chief Operations Officer of California School Information Services.

(b) A designee serving at the pleasure of a governing board member described in paragraphs (1) to (11), inclusive, of subdivision (a) shall be qualified and authorized to make decisions on behalf of the appointed member.

(c) All of the following shall apply to the public member appointments made pursuant to paragraphs (12) and (13) of subdivision (a):

(1) It is the intent of the Legislature that, in appointing members, the appointing authority shall make every effort to ensure the membership of the governing board is reflective of the cultural, racial, geographical, economic, and social diversity of California, taking into consideration factors including, but not limited to, diversity in data user experience, diversity in expertise with educational data, diversity in professional experience, and representation from different geographical and socioeconomic backgrounds.

(2) The public members shall represent the public beneficiaries of the data system, including, but not limited to, practitioners, families, students, adult learners and workers, community organizations, research organizations, or advocates.

(3) A public member shall serve a term of no more than three years, and shall not serve more than two consecutive terms or more than six years.

(4) The public members shall have staggered terms.

(5) For the first appointment of public members to the governing board only, to create staggered terms, the terms of those members shall be as follows:

(A) The terms of the public members appointed pursuant to subparagraph (A) of paragraph (12) of subdivision (a) shall be for three years.

(B) The terms of the public members appointed pursuant to subparagraph (B) of paragraph (12) of subdivision (a) shall be for one year.

(d) Notwithstanding subdivisions (b) and (c), the governing board may expand membership on the governing board to include new data contributors and ex officio governing board members.

(e) (1) Institutions and persons represented on the governing board pursuant to paragraphs (1) to (5), inclusive, and paragraphs (7) to (11), inclusive, of subdivision (a) shall be data providers.

(2) Institutions and persons on the governing board described in paragraphs (6) and (12) to (16), inclusive, of subdivision (a) are not data providers.

(f) The governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 9.

Section 11000 of the Education Code is amended to read:

11000.

There is hereby established the California Academic Partnership Program, to be administered by the Trustees of the California State University, in cooperation with the Regents of the University of California, the Board of Governors of the California Community Colleges, the Education Commissioner, and the Superintendent of Public Instruction. The purpose of the program shall be to develop cooperative efforts to improve the academic quality of public secondary schools with the objective of improving the preparation of all students for college. Projects funded under the provisions of this chapter may address improvements in secondary school curriculum and the ability of students to benefit from these improvements. Academic partnership projects shall be distributed throughout the state in order to provide schools located in rural, urban, and suburban areas with access to these services.

SEC. 10.

Section 12010 of the Education Code is amended to read:

12010.

Whenever by the provisions of any act of Congress the act is to be administered in the state by the Education Commissioner, State Department of Education, State Board of Education, or any one or more of such officers, or agencies, the officers and agencies designated in the act of the Congress are authorized to administer the act in the state. Such officers and agencies are vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of the act of Congress and rules and regulations lawfully adopted thereunder.

SEC. 11.

Section 17463.5 of the Education Code is amended to read:

17463.5.

(a) For purposes of this section, “designated school district” means the Inglewood Unified School District, the Oakland Unified School District, the South Monterey County Joint Union High School District, and the Vallejo City Unified School District.

(b) (1) Notwithstanding Sections 17456, 17457, 17462, 17462.7, and 17463, or any other law, until the emergency apportionment loan is repaid, a designated school district with an outstanding emergency apportionment loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, may sell or lease surplus real property, together with any personal property located on the real property, owned by the designated school district and use the proceeds from the sale or lease to service, reduce, or retire the debt on the emergency apportionment loan, or for capital improvements of the facilities of the designated school district pursuant to subdivisions (a) and (b) of Section 17462.

(2) The sale or lease of surplus real property pursuant to this subdivision shall be sold or leased pursuant to Section 17458, 17464, or 17489, as applicable.

(c) Notwithstanding any other law, a designated school district that uses the proceeds from the sale or lease of surplus real property pursuant to subdivision (b) shall not be eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10.

(d) Nothing in this section shall be construed as modifying the responsibility of a designated school district to accommodate pupils in accordance with Section 47614.

(e) Nothing in this section shall exclude the designated school districts with outstanding emergency apportionment loans, pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, except as provided in subdivision (c), from participating in or benefitting from any program authorized pursuant to Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program.

(f) Notwithstanding any other law, this section shall not be subject to waiver by the state board pursuant to Section 33050 or by the Education Commissioner or the Superintendent.

SEC. 12.

Section 33000 of the Education Code is amended to read:

33000.

There is in the state government a State Board of Education, composed as follows:

(a) Until January 15, 2027, 11 members as follows:

(1) Ten members who are appointed by the Governor with the advice and consent of two-thirds of the Senate.

(2) A student member pursuant to Section 33000.5.

(b) Commencing January 15, 2027, 13 members as follows:

(1) Nine members who are appointed by the Governor with the advice and consent of two-thirds of the Senate.

(2) A student member pursuant to Section 33000.5.

(3) The Superintendent.

(4) One member who is appointed by the President pro Tempore of the Senate.

(5) One member who is appointed by the Speaker of the Assembly.

SEC. 13.

Section 33000.5 of the Education Code is amended to read:

33000.5.

(a) The Governor shall appoint a student member to the state board with the advice and consent of two-thirds of the Senate.

(b) The term of office of the student member is one year, and shall begin on August 1. An individual may serve only one term as a student member.

(c) Notwithstanding Section 1020 of the Government Code, the student member shall be, at the time the student member’s one-year term commences, a student enrolled in good standing in grade 12 in a public high school. The student member shall be selected from three students recommended by the state board pursuant to subdivision (d). The student member shall be a voting member with the full rights and duties of the other 10 members of the state board.

(d) The process for selecting the student member shall be as follows:

(1) Each year, the state board shall notify every school district that applications are being accepted for the student member’s position.

(2) A screening committee of the state board shall select 12 semifinalists for the student member’s position. Those semifinalists shall be presented to the California Association of Student Councils, which shall select a maximum of six final candidates for presentation to the state board.

(3) Each year, the state board shall select three finalists for the Governor’s consideration and may rank the finalists according to its preference.

SEC. 14.

Section 33001 of the Education Code is amended to read:

33001.

(a) The term of office of the members of the board, except for the Superintendent and the student member, is four years, and they shall hold office until the appointment and qualification of their successors. The terms of the members of the board in office when this section takes effect shall expire as follows:

Three members January 15, 1960.

Two members January 15, 1961.

Three members January 15, 1962.

Two members January 15, 1963.

(b) The terms shall expire in the same relative order as to each member as the term for which the member holds office before this section takes effect.

(c) One of the members whose term expires January 15, 2027, as determined by the Governor, shall convert to the Superintendent.

SEC. 15.

Section 33004 of the Education Code is repealed.

SEC. 16.

Section 33005 of the Education Code is repealed.

SEC. 17.

Section 33043 of the Education Code is amended to read:

33043.

(a) (1) The Governor may appoint a total of six deputies to the executive director of the state board. A deputy to the executive director appointed pursuant to this section shall be exempt from state civil service pursuant to subdivision (f) of Section 4 of Article VII of the California Constitution.

(2) It is the intent of the Legislature that appointments to these exempt positions do not result in an increase in the amount appropriated to the state board in the annual Budget Act or a net increase in the expenditures of the state board.

(3) This subdivision shall become inoperative on January 1, 2027.

(b) Deputies appointed pursuant to subdivision (a) on or before December 31, 2026, shall be transferred to the department and shall report to the Education Commissioner established pursuant to Section 33302.

(c) Except as deemed necessary by the executive director of the state board, all employees of the state board who, as of January 1, 2027, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function transferred to the Education Commissioner, shall be transferred to the department. The status, positions, and rights of those employees shall not be affected by the transfer, and shall be retained by them as officers and employees of the department pursuant to the State Civil Service Act, except as to positions exempt from civil service.

SEC. 18.

The heading of Chapter 2 (commencing with Section 33100) of Part 20 of Division 2 of Title 2 of the Education Code is amended to read:

CHAPTER 2. Establishment of the Office of the Superintendent of Public Instruction

SEC. 19.

Section 33101 is added to the Education Code, to read:

33101.

There shall be an Office of the Superintendent of Public Instruction, which shall be made up of the Superintendent, the Superintendent’s deputy and three associate superintendents of public instruction appointed by the state board under Section 2.1 of Article IX of the California Constitution, one additional deputy and one employee selected by the Superintendent under Section 4 of Article VII of the California Constitution, and necessary clerical and expert assistants operating under the supervision and control of the Superintendent. The Superintendent may transfer up to five employees of the department who, on the effective date of this section, are serving in the state civil service, other than as temporary employees, to carry out necessary clerical duties and serve as expert assistants in the Office of the Superintendent of Public Instruction. The status, positions, and rights of those persons shall not be affected by the transfer, and shall be retained by them as employees of the Office of the Superintendent of Public Instruction, except as to positions exempt from civil service. The Superintendent may fix the compensation of all statutory and other employees as provided by law, except as otherwise provided.

SEC. 20.

Section 33102 of the Education Code is amended to read:

33102.

The actual and necessary traveling expenses of the Superintendent, and the Superintendent’s deputy and assistants, shall be ordered and paid out of the appropriation made for the Office of the Superintendent of Public Instruction.

SEC. 21.

Article 2 (commencing with Section 33105) is added to Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code, to read:

Article 2. Deputies and Associate Superintendents

33105.

The duties of the Deputy Superintendent of Public Instruction and of the associate superintendents of public instruction appointed by the state board under Section 2.1 of Article IX of the California Constitution shall be such as are assigned to them by the Superintendent.

33106.

The annual salaries of the Deputy Superintendent of Public Instruction and of the associate superintendents of public instruction appointed by the state board under Section 2.1 of Article IX of the California Constitution shall be fixed by the Superintendent with the approval of the Director of Finance.

33107.

(a) (1) In addition to the positions authorized by Section 2.1 of Article IX of the California Constitution, the Governor, with the recommendation of the Superintendent, shall appoint five deputy superintendents of public instruction and five associate superintendents of public instruction who shall be exempt from state civil service.

(2) Appointments to these exempt positions shall not result in any net increase in the expenditures of the department.

(3) This subdivision shall become inoperative on January 1, 2027.

(b) Deputies appointed pursuant to this section on or before December 31, 2026, shall be transferred to the department and shall report to the Education Commissioner established pursuant to Section 33302.

SEC. 22.

The heading of Article 2 (commencing with Section 33110) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code is repealed.

SEC. 23.

Section 33110 of the Education Code is repealed.

SEC. 24.

Section 33110 is added to the Education Code, immediately preceding Section 33111, to read:

33110.

(a) Any reference to the Superintendent of Public Instruction or the Office of the Superintendent of Public Instruction in any of the following sections shall instead be deemed to refer to the Education Commissioner:

(1) Section 221.61.

(2) Section 222.

(3) Section 234.5.

(4) Section 243.

(5) Section 244.

(6) Section 252.

(7) Section 253.

(8) Section 262.3.

(9) Section 280.

(10) Section 313.

(11) Section 313.1.

(12) Section 1040.

(13) Section 1201.

(14) Section 1240.

(15) Section 1240.1.

(16) Section 1240.2.

(17) Section 1243.

(18) Section 1245.

(19) Section 1246.

(20) Section 1330.

(21) Section 1604.

(22) Section 1621.

(23) Section 1622.

(24) Section 1623.

(25) Section 1624.

(26) Section 1628.

(27) Section 1630.

(28) Section 1703.

(29) Section 1920.

(30) Section 1942.

(31) Section 8155.

(32) Section 8202.

(33) Section 8203.

(34) Section 8203.5.

(35) Section 8205.

(36) Section 8206.

(37) Section 8207.

(38) Section 8207.1.

(39) Section 8208.

(40) Section 8210.

(41) Section 8211.

(42) Section 8224.

(43) Section 8226.

(44) Section 8231.

(45) Section 8231.5.

(46) Section 8232.

(47) Section 8233.

(48) Section 8236.

(49) Section 8237.

(50) Section 8238.

(51) Section 8239.

(52) Section 8240.

(53) Section 8241.

(54) Section 8241.5.

(55) Section 8246.

(56) Section 8247.

(57) Section 8248.

(58) Section 8250.

(59) Section 8252.

(60) Section 8265.

(61) Section 8266.

(62) Section 8267.

(63) Section 8298.

(64) Section 8314.

(65) Section 8340.

(66) Section 8535.

(67) Section 8760.

(68) Section 8803.

(69) Section 8805.

(70) Section 10407.

(71) Section 10551.

(72) Section 10555.

(73) Section 11800.

(74) Section 12011.

(75) Section 12114.

(76) Section 12501.

(77) Section 12515.

(78) Section 14050.

(79) Section 14052.

(80) Section 14240.

(81) Section 14504.

(82) Section 14509.

(83) Section 17150.

(84) Section 17150.1.

(85) Section 17174.

(86) Section 17217.

(87) Section 17313.

(88) Section 17924.

(89) Section 18121.

(90) Section 18202.

(91) Section 22714.

(92) Section 22718.

(93) Section 24214.5.

(94) Section 26812.

(95) Section 32066.

(96) Section 32212.

(97) Section 32262.

(98) Section 32289.5.

(99) Section 32300.

(100) Section 33052.3.

(101) Section 33315.

(102) Section 33315.5.

(103) Section 33321.

(104) Section 33321.5.

(105) Section 33323.

(106) Section 33324.

(107) Section 33326.

(108) Section 33330.

(109) Section 33370.

(110) Section 33382.

(111) Section 33403.

(112) Section 33406.

(113) Section 33407.

(114) Section 33420.

(115) Section 33421.

(116) Section 33426.

(117) Section 33433.

(118) Section 33501.

(119) Section 33530.

(120) Section 33533.

(121) Section 33534.

(122) Section 33535.

(123) Section 33590.

(124) Section 33593.

(125) Section 35186.

(126) Section 35250.

(127) Section 35253.

(128) Section 35330.

(129) Section 35706.5.

(130) Section 35754.

(131) Section 35763.

(132) Section 37610.

(133) Section 37644.

(134) Section 41010.

(135) Section 41013.

(136) Section 41020.

(137) Section 41020.2.

(138) Section 41020.8.

(139) Section 41023.

(140) Section 41203.7.

(141) Section 41300.1.

(142) Section 41344.1.

(143) Section 41450.

(144) Section 41455.

(145) Section 42127.8.

(146) Section 42600.

(147) Section 42637.

(148) Section 42638.

(149) Section 42641.

(150) Section 42646.

(151) Section 42647.

(152) Section 42652.

(153) Section 44225.

(154) Section 44239.

(155) Section 44252.

(156) Section 44252.5.

(157) Section 44253.10.

(158) Section 44253.11.

(159) Section 44257.3.

(160) Section 44259.5.

(161) Section 44276.

(162) Section 44354.

(163) Section 44816.

(164) Section 44817.

(165) Section 44818.

(166) Section 44830.

(167) Section 44843.

(168) Section 44944.

(169) Section 46011.

(170) Section 46304.

(171) Section 47604.3.

(172) Section 47604.5.

(173) Section 47605.6.

(174) Section 47606.

(175) Section 47607.3.

(176) Section 47612.5.

(177) Section 47653.

(178) Section 48004.

(179) Section 48070.6.

(180) Section 48222.

(181) Section 48301.

(182) Section 48313.

(183) Section 48325.

(184) Section 48341.

(185) Section 48401.

(186) Section 48412.

(187) Section 48415.

(188) Section 48645.7.

(189) Section 48850.

(190) Section 48852.5.

(191) Section 48853.

(192) Section 48853.5.

(193) Section 48904.

(194) Section 48916.1.

(195) Section 48926.

(196) Section 48927.

(197) Section 49069.5.

(198) Section 49076.7.

(199) Section 49085.

(200) Section 49110.5.

(201) Section 49117.

(202) Section 49164.

(203) Section 49180.

(204) Section 49411.

(205) Section 49414.

(206) Section 49414.3.

(207) Section 49414.7.

(208) Section 49456.

(209) Section 49468.2.

(210) Section 49533.

(211) Section 49548.

(212) Section 49556.

(213) Section 49560.

(214) Section 49604.

(215) Section 49701.

(216) Section 49703.

(217) Section 51206.

(218) Section 51210.

(219) Section 51210.1.

(220) Section 51222.

(221) Section 51223.

(222) Section 51225.1.

(223) Section 51225.2.

(224) Section 51225.31.

(225) Section 51225.4.

(226) Section 51226.

(227) Section 51226.2.

(228) Section 51228.1.

(229) Section 51228.2.

(230) Section 51228.3.

(231) Section 51282.

(232) Section 51403.

(233) Section 51420.

(234) Section 51421.

(235) Section 51421.5.

(236) Section 51422.

(237) Section 51423.

(238) Section 51424.

(239) Section 51450.

(240) Section 51452.

(241) Section 51453.

(242) Section 51460.

(243) Section 51461.

(244) Section 51462.

(245) Section 51471.

(246) Section 51472.

(247) Section 51745.

(248) Section 51747.

(249) Section 51747.5.

(250) Section 51749.3.

(251) Section 51749.5.

(252) Section 51749.6.

(253) Section 51762.

(254) Section 51762.5.

(255) Section 51769.

(256) Section 51771.

(257) Section 51772.

(258) Section 51775.

(259) Section 51777.

(260) Section 51778.

(261) Section 51796.

(262) Section 51852.

(263) Section 51900.6.

(264) Section 52052.

(265) Section 52064.

(266) Section 52064.1.

(267) Section 52064.5.

(268) Section 52065.

(269) Section 52070.

(270) Section 52070.5.

(271) Section 52071.5.

(272) Section 52072.1.

(273) Section 52072.6.

(274) Section 52075.

(275) Section 52076.

(276) Section 52164.

(277) Section 52164.1.

(278) Section 52240.

(279) Section 52302.

(280) Section 52302.9.

(281) Section 52309.

(282) Section 52315.

(283) Section 52330.

(284) Section 52334.5.

(285) Section 52334.7.

(286) Section 52371.

(287) Section 52372.

(288) Section 52372.1.

(289) Section 52462.

(290) Section 52506.

(291) Section 52511.

(292) Section 52523.

(293) Section 52551.

(294) Section 52572.

(295) Section 52920.

(296) Section 52957.

(297) Section 53071.

(298) Section 53075.

(299) Section 53086.

(300) Section 54407.

(301) Section 54444.

(302) Section 54444.1.

(303) Section 54444.2.

(304) Section 54444.3.

(305) Section 54460.

(306) Section 54693.

(307) Section 54694.

(308) Section 54696.

(309) Section 54697.

(310) Section 56033.

(311) Section 56034.

(312) Section 56035.

(313) Section 56043.

(314) Section 56045.

(315) Section 56061.

(316) Section 56120.

(317) Section 56121.

(318) Section 56122.

(319) Section 56123.

(320) Section 56124.

(321) Section 56125.

(322) Section 56126.

(323) Section 56127.

(324) Section 56128.

(325) Section 56129.

(326) Section 56130.

(327) Section 56132.

(328) Section 56133.

(329) Section 56134.

(330) Section 56135.

(331) Section 56136.

(332) Section 56138.

(333) Section 56140.

(334) Section 56156.

(335) Section 56195.1.

(336) Section 56195.7.

(337) Section 56195.8.

(338) Section 56205.

(339) Section 56244.

(340) Section 56326.5.

(341) Section 56335.

(342) Section 56364.3.

(343) Section 56365.

(344) Section 56366.

(345) Section 56366.1.

(346) Section 56366.2.

(347) Section 56366.4.

(348) Section 56366.6.

(349) Section 56366.10.

(350) Section 56385.

(351) Section 56402.

(352) Section 56408.

(353) Section 56428.

(354) Section 56429.

(355) Section 56431.

(356) Section 56432.

(357) Section 56440.

(358) Section 56441.1.

(359) Section 56441.4.

(360) Section 56441.7.

(361) Section 56441.11.

(362) Section 56441.13.

(363) Section 56442.

(364) Section 56452.

(365) Section 56454.

(366) Section 56461.

(367) Section 56471.

(368) Section 56474.

(369) Section 56475.

(370) Section 56476.

(371) Section 56500.2.

(372) Section 56500.3.

(373) Section 56502.

(374) Section 56504.5.

(375) Section 56505.

(376) Section 56521.

(377) Section 56523.

(378) Section 56524.

(379) Section 56600.6.

(380) Section 56601.

(381) Section 56601.5.

(382) Section 56602.

(383) Section 56604.

(384) Section 56605.

(385) Section 56606.

(386) Section 56841.

(387) Section 56854.

(388) Section 56857.5.

(389) Section 56863.

(390) Section 58509.

(391) Section 58510.

(392) Section 58511.

(393) Section 58802.

(394) Section 58803.

(395) Section 58805.

(396) Section 59002.

(397) Section 59002.5.

(398) Section 59005.

(399) Section 59006.

(400) Section 59020.

(401) Section 59042.

(402) Section 59045.

(403) Section 59102.

(404) Section 59102.5.

(405) Section 59111.

(406) Section 59112.

(407) Section 59143.

(408) Section 59144.

(409) Section 59202.

(410) Section 59203.

(411) Section 59204.5.

(412) Section 59210.

(413) Section 59220.

(414) Section 60048.

(415) Section 60090.

(416) Section 60150.

(417) Section 60151.

(418) Section 60152.

(419) Section 60200.

(420) Section 60202.

(421) Section 60203.

(422) Section 60208.

(423) Section 60313.

(424) Section 60602.5.

(425) Section 60604.

(426) Section 60604.5.

(427) Section 60605.6.

(428) Section 60612.

(429) Section 60613.

(430) Section 60630.

(431) Section 60640.

(432) Section 60642.5.

(433) Section 60643.

(434) Section 60812.

(435) Section 60900.

(436) Section 64001.

(437) Section 66060.

(438) Section 66204.

(439) Section 79121.

(440) Section 79149.6.

(441) Section 79149.7.

(442) Section 84900.

(443) Section 84902.

(444) Section 84903.

(445) Section 84904.

(446) Section 84905.

(447) Section 84917.

(448) Section 88827.

(449) Section 88829.

(450) Section 88830.

(451) Section 88833.

(452) Section 92680.

(453) Section 99221.5.

(454) Section 1752.1 of the Business and Professions Code.

(455) Section 3547.5 of the Government Code.

(456) Section 7561 of the Government Code.

(457) Section 7570 of the Government Code.

(458) Section 7573 of the Government Code.

(459) Section 7578 of the Government Code.

(460) Section 7579.1 of the Government Code.

(461) Section 7585 of the Government Code.

(462) Section 7586 of the Government Code.

(463) Section 7587 of the Government Code.

(464) Section 7906 of the Government Code.

(465) Section 7907 of the Government Code.

(466) Section 7930.200 of the Government Code.

(467) Section 8886 of the Government Code.

(468) Section 11126 of the Government Code.

(469) Section 15490 of the Government Code.

(470) Section 16154 of the Government Code.

(471) Section 19050.8 of the Government Code.

(472) Section 37549 of the Government Code.

(473) Section 53892.1 of the Government Code.

(474) Section 95006 of the Government Code.

(475) Section 95009 of the Government Code.

(476) Section 95028 of the Government Code.

(477) Section 1597.640 of the Health and Safety Code.

(478) Section 11605 of the Health and Safety Code.

(479) Section 11998.1 of the Health and Safety Code.

(480) Section 36120 of the Health and Safety Code.

(481) Section 104365 of the Health and Safety Code.

(482) Section 104455 of the Health and Safety Code.

(483) Section 3071.5 of the Labor Code.

(484) Section 3074 of the Labor Code.

(485) Section 3074.3 of the Labor Code.

(486) Section 3368 of the Labor Code.

(487) Section 511 of the Military and Veterans Code.

(488) Section 512 of the Military and Veterans Code.

(489) Section 518 of the Military and Veterans Code.

(490) Section 490.5 of the Penal Code.

(491) Section 11174.3 of the Penal Code.

(492) Section 1420 of the Probate Code.

(493) Section 26235 of the Public Resources Code.

(494) Section 33204.2 of the Public Resources Code.

(495) Section 71301 of the Public Resources Code.

(496) Section 71303 of the Public Resources Code.

(497) Section 821 of the Unemployment Insurance Code.

(498) Section 826 of the Unemployment Insurance Code.

(499) Section 831 of the Unemployment Insurance Code.

(500) Section 13371 of the Vehicle Code.

(501) Section 893 of the Welfare and Institutions Code.

(502) Section 1120.2 of the Welfare and Institutions Code.

(503) Section 1122 of the Welfare and Institutions Code.

(504) Section 4512 of the Welfare and Institutions Code.

(505) Section 4521 of the Welfare and Institutions Code.

(506) Section 4565 of the Welfare and Institutions Code.

(507) Section 4777 of the Welfare and Institutions Code.

(508) Section 5878 of the Welfare and Institutions Code.

(509) Section 8257 of the Welfare and Institutions Code.

(510) Section 10209.6 of the Welfare and Institutions Code.

(511) Section 10429.5 of the Welfare and Institutions Code.

(512) Section 11008.19 of the Welfare and Institutions Code.

(513) Section 11322.6 of the Welfare and Institutions Code.

(514) Section 11329.4 of the Welfare and Institutions Code.

(515) Section 18986.20 of the Welfare and Institutions Code.

(516) Section 18986.23 of the Welfare and Institutions Code.

(517) Section 18986.24 of the Welfare and Institutions Code.

(b) For purposes of the sections listed in subdivision (a), the Education Commissioner succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Superintendent of Public Instruction:

(c) Any actions taken by the Superintendent of Public Instruction before January 1, 2027, pursuant to the sections listed in subdivision (a), shall instead be deemed to have been taken by the Education Commissioner.

SEC. 25.

The heading of Chapter 2.5 (commencing with Section 33110) is added to Part 20 of Division 2 of Title 2 of the Education Code, to read:

CHAPTER 2.5. Education Commissioner

SEC. 26.

The heading of Article 1 (commencing with Section 33110) is added to Chapter 2.5 of Part 20 of Division 2 of Title 2 of the Education Code, to read:

Article 1. Powers and Duties

SEC. 27.

Section 33110.5 is added to the Education Code, immediately following Section 33110, to read:

33110.5.

(1) Section 224.5.

(2) Section 233.8.

(3) Section 446.

(4) Section 1244.

(5) Section 1631.

(6) Section 1904.

(7) Section 1909.

(8) Section 2300.

(9) Section 2555.

(10) Section 2558.

(11) Section 2571.

(12) Section 2574.

(13) Section 2575.

(14) Section 2575.1.

(15) Section 2575.2.

(16) Section 2575.3.

(17) Section 2575.4.

(18) Section 2575.5.

(19) Section 2576.

(20) Section 2578.

(21) Section 8154.

(22) Section 8203.1.

(23) Section 8221.

(24) Section 8255.

(25) Section 8257.

(26) Section 8258.

(27) Section 8261.

(28) Section 8262.

(29) Section 8263.

(30) Section 8272.5.

(31) Section. 8281.5.

(32) Section 8320.

(33) Section 8337.

(34) Section 8483.7.

(35) Section 8483.75.

(36) Section 8734.

(37) Section 8774.

(38) Section 8804.

(39) Section 8807.

(40) Section 8902.

(41) Section 10506.

(42) Section 10507.

(43) Section 12302.

(44) Section 14002.

(45) Section 14002.1.

(46) Section 14003.

(47) Section 14004.

(48) Section 14004.5.

(49) Section 14005.

(50) Section 14007.

(51) Section 14041.

(52) Section 14041.6.

(53) Section 14041.7.

(54) Section 14042.

(55) Section 14043.

(56) Section 14044.

(57) Section 14054.

(58) Section 14055.

(59) Section 14057.

(60) Section 14058.

(61) Section 17922.

(62) Section 32287.

(63) Section 32526.

(64) Section 33132.

(65) Section 33319.6.

(66) Section 35168.

(67) Section 35735.

(68) Section 37641.

(69) Section 37643.

(70) Section 38101.

(71) Section 39807.5.

(72) Section 39835.

(73) Section 39840.

(74) Section 41012.

(75) Section 41202.

(76) Section 41206.01.

(77) Section 41206.02.

(78) Section 41206.04.

(79) Section 41206.1.

(80) Section 41207.

(81) Section 41207.1.

(82) Section 41207.25.

(83) Section 41207.31.

(84) Section 41207.41.

(85) Section 41207.42.

(86) Section 41207.43.

(87) Section 41207.44.

(88) Section 41207.45.

(89) Section 41207.47.

(90) Section 41207.48.

(91) Section 41207.6.

(92) Section 41211.

(93) Section 41303.

(94) Section 41304.

(95) Section 41306.

(96) Section 41307.

(97) Section 41320.

(98) Section 41328.

(99) Section 41329.51.

(100) Section 41329.53.

(101) Section 41330.

(102) Section 41332.

(103) Section 41335.

(104) Section 41336.

(105) Section 41337.

(106) Section 41339.

(107) Section 41339.1.

(108) Section 41339.2.

(109) Section 41340.

(110) Section 41341.

(111) Section 41342.

(112) Section 41343.

(113) Section 41344.

(114) Section 41344.4.

(115) Section 41353.

(116) Section 41360.

(117) Section 41376.

(118) Section 41376.1.

(119) Section 41378.

(120) Section 41403.

(121) Section 41404.

(122) Section 41404.5.

(123) Section 41409.

(124) Section 41409.3.

(125) Section 41420.

(126) Section 41422.

(127) Section 41423

(128) Section 41472.

(129) Section 41480.

(130) Section 41490.

(131) Section 41540.

(132) Section 41544.

(133) Section 41570.

(134) Section 41580.

(135) Section 41585.

(136) Section 41590.

(137) Section 41601.

(138) Section 41602.

(139) Section 41603.

(140) Section 41604.

(141) Section 41604.5.

(142) Section 41760.2.

(143) Section 41790.

(144) Section 41800.

(145) Section 41841.5.

(146) Section 41850.1.

(147) Section 41851.1.

(148) Section 41881.

(149) Section 41886.5.

(150) Section 41900.

(151) Section 41901.

(152) Section 41902.

(153) Section 41903.

(154) Section 41904.

(155) Section 41909.

(156) Section 41911.

(157) Section 41914.

(158) Section 41917.

(159) Section 41931.

(160) Section 41932.

(161) Section 41936.

(162) Section 41950.

(163) Section 41960.

(164) Section 41962.

(165) Section 41964.

(166) Section 41975.

(167) Section 41980.

(168) Section 41983.

(169) Section 42100.

(170) Section 42123.

(171) Section 42126.

(172) Section 42127.

(173) Section 42127.01.

(174) Section 42127.1.

(175) Section 42127.2.

(176) Section 42127.3.

(177) Section 42127.6.

(178) Section 42127.9.

(179) Section 42128.

(180) Section 42129.

(181) Section 42130.

(182) Section 42131.

(183) Section 42133.

(184) Section 42134.

(185) Section 42141.

(186) Section 42161.

(187) Section 42238.

(188) Section 42238.017.

(189) Section 42238.02.

(190) Section 42238.023.

(191) Section 42238.024.

(192) Section 42238.025.

(193) Section 42238.03.

(194) Section 42238.05.

(195) Section 42238.051.

(196) Section 42238.1.

(197) Section 42238.2.

(198) Section 42238.6.

(199) Section 42238.18.

(200) Section 42238.19.

(201) Section 42242.

(202) Section 42252.

(203) Section 42280.

(204) Section 42282.

(205) Section 42283.

(206) Section 42284.

(207) Section 42285.

(208) Section 42287.

(209) Section 42920.5.

(210) Section 42921.

(211) Section 42922.

(212) Section 42923.

(213) Section 42926.

(214) Section 43521.

(215) Section 43523.

(216) Section 45028.

(217) Section 45365.

(218) Section 46013.

(219) Section 46119.

(220) Section 46120.

(221) Section 46200.

(222) Section 46200.5.

(223) Section 46201.

(224) Section 46201.5.

(225) Section 46202.

(226) Section 46205.

(227) Section 46207.

(228) Section 46208.

(229) Section 46305.

(230) Section 46391.

(231) Section 46392.

(232) Section 46393.

(233) Section 46609.

(234) Section 47613.1.

(235) Section 47633.

(236) Section 47635.

(237) Section 47644.

(238) Section 47652.

(239) Section 47663.

(240) Section 48000.

(241) Section 48000.1.

(242) Section 48000.15.

(243) Section 48307.

(244) Section 48317.

(245) Section 48359.5.

(246) Section 48602.

(247) Section 49414.8.

(248) Section 49492.

(249) Section 49558.

(250) Section 49702.

(251) Section 51745.6.

(252) Section 51796.2.

(253) Section 51796.5.

(254) Section 51854.

(255) Section 52073.4.

(256) Section 52168.

(257) Section 52170.

(258) Section 52171.

(259) Section 52177.

(260) Section 52185.

(261) Section 52302.8.

(262) Section 52314.

(263) Section 52321.

(264) Section 52324.6.

(265) Section 52328.

(266) Section 52460.

(267) Section 52461.

(268) Section 52616.4.

(269) Section 52616.18.

(270) Section 53009.

(271) Section 53014.

(272) Section 53015.

(273) Section 53016.

(274) Section 53025.

(275) Section 53070.

(276) Section 53073.

(277) Section 53076.

(278) Section 54001.

(279) Section 54004.1.

(280) Section 54007.

(281) Section 54484.

(282) Section 54521.

(283) Section 54691.

(284) Section 54750.

(285) Section 54760.

(286) Section 56048.

(287) Section 56131.

(288) Section 56453.

(289) Section 56836.02.

(290) Section 56836.04.

(291) Section 56836.045.

(292) Section 56836.05.

(293) Section 56836.07.

(294) Section 56836.08.

(295) Section 56836.10.

(296) Section 56836.11.

(297) Section 56836.13.

(298) Section 56836.14.

(299) Section 56836.144.

(300) Section 56836.146.

(301) Section 56836.148.

(302) Section 56836.15.

(303) Section 56836.168.

(304) Section 56836.18.

(305) Section 56836.22.

(306) Section 56836.24.

(307) Section 56836.31.

(308) Section 56836.40.

(309) Section 56837.

(310) Section 56838.

(311) Section 56839.

(312) Section 56845.

(313) Section 58801.

(314) Section 58801.6.

(315) Section 58804.

(316) Section 58806.

(317) Section 59030.5.

(318) Section 59124.5.

(319) Section 60115.

(320) Section 60810.

(321) Section 62005.

(322) Section 62005.5.

(323) Section 66032.2.

(324) Section 79149.5.

(325) Section 84909.

(326) Section 84910.

(327) Section 84911.

(328) Section 84912.

(329) Section 84914.

(330) Section 7902.2 of the Government Code.

(331) Section 8685 of the Government Code.

(332) Section 15814.24 of the Government Code.

(333) Section 17581.6 of the Government Code.

(334) Section 54903.1 of the Government Code.

(335) Section 104420 of the Health and Safety Code.

(336) Section 124100 of the Health and Safety Code.

(337) Section 515 of the Military and Veterans Code.

(338) Section 20111 of the Public Contract Code.

(339) Section 26240 of the Public Resources Code.

(340) Section 75.70 of the Revenue and Taxation Code.

(341) Section 1095 of the Unemployment Insurance Code.

(342) Section 903.7 of the Welfare and Institutions Code.

(343) Section 4380 of the Welfare and Institutions Code.

(344) Section 10311 of the Welfare and Institutions Code.

(b) For purposes of the sections listed in subdivision (a), the State Department of Education succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Superintendent of Public Instruction.

SEC. 28.

Section 33111 of the Education Code is amended to read:

33111.

The Education Commissioner shall execute, under direction of the State Board of Education, the policies which have been decided upon by the board and shall direct, under general rules and regulations adopted by the State Board of Education, the work of all appointees and employees of the board.

SEC. 29.

Section 33112 of the Education Code is amended to read:

33112.

The Education Commissioner shall do all of the following:

(a) Superintend the schools of this state.

(b) Prepare, have printed, and furnish to teachers and to all officers charged with the administration of the laws relating to the public schools the blank forms and books necessary to the discharge of their duties, including blank teachers’ certificates to be used by county and city and county boards of education.

(c) Authenticate with his or her official seal all drafts or orders drawn by him or her, and all papers and writings issued from his or her office.

(d) Have bound, at the state bindery, all valuable school reports, journals, and documents in his or her office, or received by him or her.

(e) Deliver over, at the expiration of his or her term of office, on demand, to his or her successor, all property, books, documents, maps, records, reports, and other papers belonging to his or her office, or which may have been received by him or her for the use of his or her office.

(f) Designate and appoint, or terminate the designation and appointment of, any officer or employee of the department to have the powers and liabilities of a deputy, including designation pursuant to Section 7.9 of the Government Code, which appointment and termination of appointment shall be effective when filed in writing in the office of the Secretary of State.

(g) Annually inform the governing boards of school districts, in a manner prescribed by the Education Commissioner, of the provisions of Section 60510.5.

(h) Direct the department to respond to legislative requests for information, data, and technical assistance in a timely manner, to the extent practicable.

SEC. 30.

Section 33113 of the Education Code is amended to read:

33113.

The Education Commissioner shall prescribe regulations under which contracts, agreements, or arrangements may be made with agencies of the federal government for funds, services, commodities, or equipment to be made available to schools under the jurisdiction of the State Board of Education and the Education Commissioner.

SEC. 31.

Section 33114 of the Education Code is amended to read:

33114.

All such contracts, agreements or arrangements shall be entered into in accordance with regulations prescribed by the Education Commissioner and in no other manner.

SEC. 32.

Section 33115 of the Education Code is amended to read:

33115.

The Education Commissioner may enter into an agreement with the government of the United States or any agency thereof relative to the establishment of courses of study in aeronautics in the technical schools of the public school system, except the California State University.

SEC. 33.

Section 33116 of the Education Code is amended to read:

33116.

The Education Commissioner may enter into agreements with any agency of the federal government for the education of persons in the service of the federal government in schools under the jurisdiction of the Department of Education. All money received from an agency of the federal government for the education of persons in any such school is hereby appropriated for the support of such school in addition to such other funds as may be appropriated therefor by the Legislature.

SEC. 34.

Section 33117 of the Education Code is amended to read:

33117.

The Education Commissioner may enter into agreements with agencies of the federal government, county superintendents of schools, county boards of education, any school district, and state college foundations or other auxiliary organizations, including those established pursuant to Section 90000 for the performance of any services for those agencies by any school under the jurisdiction of the State Department of Education. All money received under any agreement, except recovery of contributions to the Public Employees’ Retirement Fund, is hereby appropriated for the support of the school in addition to other funds as may be appropriated therefor by the Legislature.

SEC. 35.

Section 33117.5 of the Education Code is amended to read:

33117.5.

(a) Adult education programs and regional occupational programs operated by school districts and county offices of education that have contracted with the Education Commissioner pursuant to subdivision (b) shall provide services to welfare recipients referred by county welfare departments in accordance with subdivision (c) of Section 11322.8 and paragraph (3) of subdivision (b) of Section 11325.22 of the Welfare and Institutions Code. These services shall include an evaluation of the individual’s educational and training needs for purposes of subdivision (c) of Section 11322.8 and paragraph (3) of subdivision (b) of Section 11325.22 of the Welfare and Institutions Code and the preparation of a related education and training plan reflecting these needs. The plan shall specify the educational and training services to be provided and the length of time services are to be provided, and shall assure access to those services.

(b) The Education Commissioner shall identify school districts or county offices of education that can best accommodate welfare recipients for whom vocational education, adult education, and English as a second language is specified in contracts required by Sections 11321.4 and 11325.21 of the Welfare and Institutions Code. The Education Commissioner shall enter into contracts with each consenting district or county office, where necessary, so that the contracting district, independent regional occupation program, or county office shall provide at least 10 weekly hours of open entry-open exit skills training and education for welfare recipients who need this training to enable counties to meet their goals for plans developed pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. If a program is unable to provide at least 10 hours of instruction to these participants, even though funds are available, the appropriate district or county office of education shall report to the Education Commissioner the reasons why sufficient hours of instruction were not provided. The Education Commissioner should provide technical assistance to those districts or county offices of education to resolve the problems that prohibit an adequate number of hours of instruction from being offered.

(c) Allocations to the Education Commissioner of funds available under Section 202 (c)(1)(C) and Section 262(c)(1)(C) of the federal Job Training Partnership Act shall be used for purposes of this section to the extent the Education Commissioner determines necessary.

The Education Commissioner shall allocate these funds directly to service delivery areas for allocation to those providers of educational and training services delivered in accordance with this section. The Education Commissioner shall allocate to community college districts and the Chancellor’s Office of the California Community Colleges such funds as are determined necessary pursuant to Section 71050. The Education Commissioner may allocate these funds to service delivery areas which have agreements with private schools and organizations to provide educational and training services under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. These funds shall be allocated in accordance with the coordination criteria of the coordination and special services plan as provided in Section 10524 of the Unemployment Insurance Code, and according to the priority order of eligible persons for these funds as provided in Sections 15010 and 15011 of the Unemployment Insurance Code.

(d) As a condition for the funding of education and training services to participants under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, as provided in subdivisions (a) to (c), inclusive, education providers and county welfare departments shall discuss and jointly certify that they agree upon the delivery of education and training services for program participants.

SEC. 36.

Section 33117.7 of the Education Code is amended to read:

33117.7.

The Education Commissioner shall use 30 percent of the funds available under Section 202(c)(1)(C) and Section 262(c)(1)(C) of the federal Job Training Partnership Act to support the work-based learning component of a school-to-career program. These funds shall be expended as authorized by the federal act and shall be targeted for activities that create and support paid internships in the private sector, with an emphasis on small businesses, and paid work experience in the public sector or private nonprofit sector, for youth.

SEC. 37.

Section 33118 of the Education Code is amended to read:

33118.

The Education Commissioner shall, not later than the 25th day of July in each year, prepare an estimate of the amount of state school money that will be apportioned to each county or city and county during the current school year, and furnish a certified copy of the estimate to each county or city and county superintendent of schools.

SEC. 38.

Section 33119 of the Education Code is amended to read:

33119.

Other than for persons in the state civil service, the length of, and the time for, vacations of teachers, officers, and employees of the schools for the deaf, the school for the blind, and orientation centers for the blind shall be prescribed by the Education Commissioner, except that the length of vacations for teachers at orientation centers for the blind shall not exceed 30 days.

SEC. 39.

Section 33120 of the Education Code is amended to read:

33120.

The Education Commissioner may conduct experimental work in education through various media, including radio and television.

SEC. 40.

Section 33121 of the Education Code is amended to read:

33121.

The Education Commissioner may develop audial and visual curriculum materials, evolve means and methods, and prescribe standards, for the use of such materials in the public elementary and secondary schools.

SEC. 41.

Section 33122 of the Education Code is amended to read:

33122.

The Education Commissioner shall employ such persons as are necessary for the coordination and the supervision of services for hard-of-hearing children.

SEC. 42.

Section 33124 is added to the Education Code, to read:

33124.

(a) The quarterly allocation by the Superintendent required by subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution shall instead be made by the department pursuant to the requirements of that section.

(b) The mutual decision of the Director of Finance and the Superintendent required by paragraph (1) of subdivision (a) of Section 8.5 of Article XVI of the California Constitution shall instead be made by the Director of Finance and the Education Commissioner pursuant to the requirements of that section.

SEC. 43.

Section 33125 of the Education Code is amended to read:

33125.

The Education Commissioner, subject to such conditions as the State Board of Education may establish, may purchase annuity contracts for the employees of the California School for the Deaf provided for in Chapter 1 (commencing with Section 59000) of Part 32 of Division 4 of this title, the California School for the Blind provided for in Chapter 2 (commencing with Section 59100) of Part 32 of Division 4 of this title, and the diagnostic schools for neurologically handicapped children provided for in Chapter 3 (commencing with Section 59200) of Part 32 of Division 4 of this title, and shall reduce the salary of any such employee for whom such contract is purchased in the amount of the cost thereof; provided that each of the following conditions are met:

(a) The annuity contract is under an annuity plan which meets the requirements of subdivision (b) of Section 403 of the Internal Revenue Code of the United States.

(b) The employee makes application to the Education Commissioner for such purchase and reduction of salary.

SEC. 44.

Section 33126.1 of the Education Code is amended to read:

33126.1.

(a) The department shall develop and recommend for adoption by the state board a standardized template intended to simplify the process for completing the school accountability report card and make the school accountability report card more meaningful to the public.

(b) The standardized template shall include all of the following:

(1) Fields for the insertion of data and information by the department and by local educational agencies.

(2) A field to report the determination of the sufficiency of textbooks and instructional materials, pursuant to Section 60119.

(3) A summary statement of the condition of school facilities, as required by Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089. The department shall provide examples of summary statements of the condition of school facilities that are acceptable and those that are unacceptable.

(4) A description of data available on the DataQuest Internet Web site of the department, including the Uniform Resource Locator for that Internet Web site.

(5) A description of admission requirements for California’s public universities, including the Uniform Resource Locator for the University of California Internet Web site providing information about the courses offered by each school that are approved as meeting those requirements.

(6) A statement concerning the availability of Internet access at public libraries and other locations that are publicly accessible.

(c) When the template for a school is completed, it should enable parents and guardians to compare the manner in which local schools compare to other schools within that district as well as other schools in the state.

(d) In conjunction with the development of the standardized template, the department shall furnish standard definitions for school conditions included in the school accountability report card. The standard definitions shall comply with the following:

(1) Definitions shall be consistent with the definitions already in place or under the development at the state level pursuant to existing law.

(2) Definitions shall enable schools to furnish contextual or comparative information to assist the public in understanding the information in relation to the performance of other schools.

(3) Definitions shall specify the data for which the department will be responsible for providing and the data and information for which the local educational agencies will be responsible.

(e) By February 1, 2008, the department shall report to the Legislature and the Governor on remaining data elements in the school accountability report card and the feasibility of combining elements, linking to other reporting of data elements, and other possible alternatives for improving the usability and readability of the school accountability report card. The report shall include a survey of the conditions for which the department has valid and reliable data at the state, district, or school level. The report shall provide a timetable for the inclusion of conditions for which standard definitions or valid and reliable data do not yet exist through the department.

(f) The Education Commissioner shall recommend and the state board shall appoint 13 members to serve on a broad-based advisory committee of local administrators, educators, parents, and other knowledgeable parties to develop definitions for the school conditions for which standard definitions do not yet exist. The state board may designate outside experts in performance measurements in support of activities of the advisory board.

(g) The state board shall approve available definitions for inclusion in the template as well as a timetable for the further development of definitions and data collection procedures. Each year the state board shall adopt the template for the current year’s school accountability report card. Definitions for all school conditions shall be included in the template.

(h) The department annually shall post the completed and viewable template on the Internet. The template shall be designed to allow schools or districts to download the template from the Internet. The template shall further be designed to allow local educational agencies, including individual schools, to enter data into the school accountability report card electronically, individualize the report card, and further describe the data elements. The department shall establish model guidelines and safeguards that may be used by school districts with secured access only for those school officials authorized to make modifications.

(i) The department shall maintain current Internet links with the Internet Web sites of local educational agencies to provide parents and the public with easy access to the school accountability report cards maintained on the Internet. In order to ensure the currency of these Internet links, local educational agencies that provide access to school accountability report cards through the Internet shall furnish current Uniform Resource Locators (URLs) for their Internet Web sites to the department.

(j) A school or school district that chooses not to utilize the standardized template adopted pursuant to this section shall report the data for its school accountability report card in a manner that is consistent with the definitions adopted pursuant to subdivision (c).

(k) The department shall provide recommendations for changes to the California Basic Educational Data System, or a successor data system, and other data collection mechanisms to ensure that the information will be preserved and available in the future.

(l) The department shall monitor the compliance of local educational agencies with the requirements to prepare and to distribute school accountability report cards, including, but not limited to, the requirements contained in this section, subdivision (c) of Section 35256, and Section 35258.

SEC. 45.

Section 33126.2 of the Education Code is amended to read:

33126.2.

(a) The Education Commissioner may recommend additional data elements for inclusion in the Academic Performance Index. Data elements may be incorporated in the Academic Performance Index only after those elements have been determined by the state board to be valid and reliable for the purpose of measuring school performance, and only if their inclusion would not be likely to result in a valid claim against the state for reimbursement pursuant to Section 6 of Article XIII B of the California Constitution.

(b) The Education Commissioner shall additionally review, and the state board shall consider, any empirical research data that becomes available concerning barriers to equal opportunities to succeed educationally for all California pupils, regardless of socioeconomic background. Upon obtaining this information, the state board shall evaluate whether there is any need to revise the school accountability report card.

SEC. 46.

Section 33126.5 of the Education Code is amended to read:

33126.5.

The State Allocation Board, in cooperation with the Education Commissioner, shall develop and maintain an automated school facilities inventory that is capable of indicating the statewide percentage of facility utilization and projecting school facility needs five years in advance, in order to permit the board to study alternative proposals for the allocation of funds for new construction, maintenance, and rehabilitation.

SEC. 47.

Section 33127 of the Education Code is amended to read:

33127.

(a) The Superintendent, the Controller, and the Director of Finance shall develop, on or before March 1, 1989, standards and criteria to be reviewed and adopted by the state board, and to be used by local educational agencies in the development of annual budgets and the management of subsequent expenditures from that budget. During the development of the standards and criteria, the Superintendent shall convene a committee composed of representatives from school districts, county offices of education, state agencies, the Legislature, and appropriate labor and professional organizations. The committee may review and comment on the proposal standards and criteria before their adoption. In addition, the standards and criteria shall be used to monitor the fiscal stability of local educational agencies as provided for in Sections 1240.1, 1240.2, 1621, 1623, 33131, 42127, and 42127.1.

(b) The Superintendent, the Controller, and the Director of Finance shall update the standards and criteria developed pursuant to subdivision (a) on or before September 1, 2005. The updated standards and criteria shall be reviewed and adopted pursuant to the procedure established by subdivision (a) and are applicable to local educational agency budgets commencing with the 2006–07 fiscal year and each fiscal year thereafter.

(c) The Superintendent, the Controller, and the Director of Finance shall update the standards and criteria developed pursuant to subdivision (a) on or before January 1, 2014, to address the requirements of Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28. The updated standards and criteria shall be reviewed and adopted pursuant to the procedure established by subdivision (a) and are applicable to local educational agency budgets commencing with the 2014–15 fiscal year and each fiscal year thereafter.

(d) After January 1, 2014, until December 31, 2026, to the extent necessary, any revisions or updates to the standards and criteria shall be developed by the Superintendent, the Controller, and the Director of Finance pursuant to the procedure established by subdivision (a). The revisions or updates shall specify the fiscal year in which the revisions or updates are applicable.

(e) (1) Commencing January 1, 2027, to the extent necessary, any revisions or updates to the standards and criteria shall be developed by the Education Commissioner, the Controller, and the Director of Finance. The revisions or updates shall specify the fiscal year in which the revisions or updates are applicable.

(2) For purposes of paragraph (1), the Education Commissioner shall convene a committee composed of representatives from school districts, county offices of education, state agencies, the Legislature, and appropriate labor and professional organizations. The committee may review and comment on the proposal standards and criteria before their adoption.

SEC. 48.

Section 33133 of the Education Code is amended to read:

33133.

(a) The Education Commissioner shall develop information, and submit this information to the State Board of Education for its approval. This information shall be for distribution to school districts and, to the extent feasible, for posting on the State Department of Education internet website, to strengthen and promote the opportunity for quality involvement by parents and guardians in schoolsite councils whose composition meets the requirements of Section 52012. In developing the information, the Education Commissioner may use documents currently available from nonprofit organizations, such as EdSource and the California Parent Teacher Association, or state and local government agencies.

(b) The information shall be provided to each school district and county office of education and may be made available for parents and guardians who are members of schoolsite councils whose composition meets the requirements of Section 52012 and shall cover at least the following topics:

(1) Operation of schoolsite advisory bodies, including bylaws, group responsibilities, and roles.

(2) Public meeting notice requirements.

(3) Information about the total budget of a school district and how funds are distributed to schoolsite advisory bodies, including, but not limited to, the amount of funds distributed to schoolsites.

(4) Information about the school district and state standards of expected pupil achievement in core academic subjects for each grade level.

(5) Instruction on how to interpret data from the pupil performance measures selected by the school district.

(6) A definition of “significant gains made by pupils” toward meeting the standards of expected pupil achievement.

(7) Research-based information about curriculum and teaching strategies that will improve pupil performance.

(8) The right to information under the California Public Records Act set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

(9) Information regarding the educational and training needs for pupils, as identified and expressed by local employers, former pupils of the school district, and postsecondary education institutions.

(c) In addition to the composition set forth in Section 52012, a schoolsite council at the middle school level may, but is not required to, include pupil representation.

SEC. 49.

Section 33133.5 of the Education Code is amended to read:

33133.5.

(a) The Education Commissioner shall create a poster that notifies children of the appropriate telephone number to call to report child abuse or neglect.

(b) The Education Commissioner may partner with other local, state, and federal agencies as well as nonprofit entities for purposes of the design and content of the poster.

(1) It shall include a note that directs a child to dial “911” in case of emergency.

(2) It shall be no smaller than 8.5 inches by 11 inches.

(3) It shall be produced in five languages, which shall be English, Spanish, and the top three languages other than English and Spanish that are spoken in the state as determined by the Education Commissioner.

(d) The Education Commissioner shall post on the department’s Internet Web site all five versions of the poster for public download.

(e) The Legislature encourages school districts, charter schools, and private schools to post the appropriate version or versions of the poster in an area of the school where pupils frequently congregate.

SEC. 50.

Article 3 (commencing with Section 33140) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code is repealed.

SEC. 51.

The heading of Article 5 (commencing with Section 33190) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code is repealed.

SEC. 52.

The heading of Article 2 (commencing with Section 33190) is added to Chapter 2.5 of Part 20 of Division 2 of Title 2 of the Education Code, to read:

Article 2. Verification of Private School Instruction

SEC. 53.

Section 33190 of the Education Code is amended to read:

33190.

Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall between the first and 15th day of October of each year, commencing on October 1, 1967, file with the Education Commissioner an affidavit or statement, under penalty of perjury, by the owner or other head setting forth the following information for the current year:

(a) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business.

(b) The address, including city and street, of every place of doing business of the person, firm, association, partnership, or corporation within the State of California.

(c) The address, including city and street, of the location of the records of the person, firm, association, partnership, or corporation, and the name and address, including city and street, of the custodian of such records.

(d) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation.

(e) The school enrollment, by grades, number of teachers, coeducational or enrollment limited to boys or girls and boarding facilities.

(f) That the following records are maintained at the address stated, and are true and accurate:

(1) The records required to be kept by Section 48222.

(2) The courses of study offered by the institution.

(3) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each.

(g) Criminal record summary information has been obtained pursuant to Section 44237.

Whenever two or more private schools are under the effective control or supervision of a single administrative unit, such administrative unit may comply with the provisions of this section on behalf of each of the schools under its control or supervision by submitting one report.

Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the Education Commissioner, the State Board of Education, the State Department of Education, or any division or bureau of the department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact.

The Education Commissioner shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator.

SEC. 54.

Section 33191 of the Education Code is amended to read:

33191.

(a) Commencing October 1, 1985, the affidavit or statement filed with the Education Commissioner pursuant to Section 33190 shall, under penalty of perjury, include a statement manifesting compliance with the provisions of Section 44237.

(b) In the case of any private school where the instructor also serves as the administrator of the school, the affidavit or statement shall be made available upon request to the parents or guardians of all pupils currently enrolled in the school and to any parent or guardian considering whether to enroll his or her child in the school.

SEC. 55.

The heading of Article 6 (commencing with Section 33195) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code is repealed.

SEC. 56.

The heading of Article 3 (commencing with Section 33195) is added to Chapter 2.5 of Part 20 of Division 2 of Title 2 of the Education Code, to read:

Article 3. Verification of Heritage School Operation

SEC. 57.

Section 33195 of the Education Code is amended to read:

33195.

(a) Every person, firm, association, partnership, or corporation operating a heritage school as defined in Section 33195.4 shall, between the 1st and 31st day of January of each year, commencing on January 1, 2011, file with the Education Commissioner an electronic registration form, under penalty of perjury, by the owner or other head setting forth the following information for the current year:

(1) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business.

(2) The address, including city and street, of the location at which the heritage school delivers services to pupils.

(3) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation.

(4) The school enrollment, by grade span, number of teachers, and coeducational or enrollment limited to boys or girls.

(5) That the following records are maintained at the address stated, and are true and accurate:

(A) The courses of study offered by the institution.

(B) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each faculty member.

(6) Criminal record summary information that has been obtained pursuant to Section 44237.

(7) The heritage school telephone number.

(8) Acknowledgment that the director of the heritage school and all employees are mandated reporters and subject to the requirements established by the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code) and, consistent with that act, certification that:

(A) The employer is aware that it is encouraged to provide its employees with training in the duties imposed by the act.

(B) Employees have signed a statement provided by the employer that the employees have knowledge of the act and will comply with its provisions.

(C) Employees have been notified by the employer of their reporting obligations and confidentiality rights, pursuant to Section 11165.9 of the Penal Code.

(b) If two or more heritage schools are under the effective control or supervision of a single administrative unit, the administrative unit shall comply with the provisions of this section by submitting an electronic registration form on behalf of every heritage school under its effective control or supervision.

(c) Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for a school to expressly or impliedly represent, that the State of California, the Education Commissioner, the state board, the department or a division or bureau of the department, or an accrediting agency has made an evaluation, recognition, approval, or endorsement of the school or course, unless this is an actual fact.

(d) Filing pursuant to this section does not grant a heritage school a right to receive state funding.

SEC. 58.

Section 33195.1 of the Education Code is amended to read:

33195.1.

(a) Commencing January 1, 2011, the electronic registration form filed with the Education Commissioner pursuant to Section 33195 shall, under penalty of perjury, include a statement manifesting compliance with the following paragraph:

(1) A person, firm, association, partnership, or corporation offering or conducting heritage school instruction shall not employ a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of his or her conviction for any crime.

(b) In the case of any heritage school where an instructor also serves as the administrator of the school, the electronic registration form shall be made available upon request to the parents or guardians of all pupils currently enrolled in the school and to any parent or guardian considering whether to enroll his or her child in the school.

SEC. 59.

Section 33195.4 of the Education Code is amended to read:

33195.4.

For purposes of this article, “heritage school” means a school that serves children who are at least 4 years and 9 months of age and no older than 18 years of age, who attend a public or private full-time day school, that does all of the following:

(a) Specifies regular hours of operation.

(b) Offers education or academic tutoring, or both, in a world language.

(d) Offers culturally enriching activities, including, but not limited to, art, dancing, games, or singing, based on the culture or customs of a country other than the United States.

(e) Maintains membership in a state or national cultural or language association.

(f) Complies with relevant local government regulations, where applicable.

(g) Does not operate out of a residential home.

(h) Complies with the requirements of Section 33195 and maintains in its possession a copy of the registration form electronically filed with the Education Commissioner. The heritage school shall make this form available upon request, including to the State Department of Social Services, to verify exemption from child care licensure.

SEC. 60.

Section 33195.5 of the Education Code is amended to read:

33195.5.

(a) The Heritage Enrichment Resource Fund is hereby established in the State Treasury. Moneys deposited in the fund may be expended by the Education Commissioner upon appropriation by statute, for the purposes of this article.

(b) The electronic registration form to be filed pursuant to this article shall be filed together with a fee determined by the Education Commissioner to be sufficient to cover, but not exceed, the costs of the department in implementing this article. The fees shall be deposited into the Heritage Enrichment Resource Fund. The fee shall be received by the Education Commissioner no later than January 31 of each year in which the registration form is filed.

SEC. 61.

Section 33301 of the Education Code is amended to read:

33301.

The Department of Education shall be administered through:

(a) The State Board of Education which shall be the governing and policy determining body of the department.

(b) The Education Commissioner, in whom all executive and administrative functions of the department are vested and who is the executive officer of the State Board of Education.

SEC. 62.

Section 33302 of the Education Code is amended to read:

33302.

The Department of Education shall be conducted under the control of an executive officer known as the Education Commissioner.

SEC. 63.

Section 33302.5 is added to the Education Code, to read:

33302.5.

(a) (1) In state government there shall be an Education Commissioner, who shall be appointed by the Governor, and confirmed by the Senate, and shall hold office at the pleasure of the Governor. The commissioner shall be exempt from civil service consistent with subdivision (f) of Section 4 of Article VII of the California Constitution.

(2) The Governor is strongly encouraged to appoint an Education Commissioner with demonstrated experience running a large public or private organization and who has experience in public education leadership or its equivalent.

(3) In the event of a vacancy in the office of the Education Commissioner, the Governor shall designate an employee of the department to take any necessary action to effectuate legal obligations.

(b) The Education Commissioner has the power of general supervision over, and is directly responsible to the state board and the Governor for, the operations of the department. The commissioner may issue those orders as the commissioner deems appropriate to exercise any power or jurisdiction, or to assume or discharge any responsibility, or to carry out or effect any of the purposes vested by law in the department.

(c) The Education Commissioner shall succeed and is vested with all the grant and contract approval authority vested in the executive director of the state board as of January 1, 2027.

(d) The deputies appointed pursuant to Section 33043 and the deputies and associate superintendents appointed pursuant to Section 33143, as those sections read on June 30, 2026, shall report to the Education Commissioner established pursuant to this section until such time that the positions are reappointed pursuant to Section 33303.

SEC. 64.

Section 33303 of the Education Code is repealed.

SEC. 65.

Section 33303 is added to the Education Code, to read:

33303.

(a) Commencing January 1, 2027, the Governor may appoint a total of 16 deputies to the Education Commissioner who are exempt from state civil service.

(b) Appointments to these exempt positions shall not result in any net increase in the expenditures of the department.

SEC. 66.

Section 33305 of the Education Code is amended to read:

33305.

Wherever in Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the term “head of the department,” or similar designation occurs, it shall, for the purposes of Section 33304, of this code mean the Education Commissioner.

SEC. 67.

Section 33308.5 of the Education Code is amended to read:

33308.5.

(a) Program guidelines issued by the State Department of Education shall be designed to serve as a model or example, and shall not be prescriptive. Program guidelines issued by the department shall include written notification that the guidelines are merely exemplary, and that compliance with the guidelines is not mandatory.

(b) The Education Commissioner shall review all program guidelines prepared by the State Department of Education prior to issuance to local education agencies. The Education Commissioner shall approve the proposed guidelines only if the Education Commissioner determines that all of the following conditions are met:

(1) The guidelines are necessary.

(2) The department has the authority to issue the guidelines.

(3) The guidelines are clear and appropriately referenced to, and consistent with, existing statutes and regulations.

SEC. 68.

Section 33595 of the Education Code is amended to read:

33595.

(a) The commission shall study and provide assistance and advice to the State Board of Education, the Education Commissioner, the Superintendent of Public Instruction, the Legislature, and the Governor in new or continuing areas of research, program development, and evaluation in special education. The commission shall also do the following:

(1) Comment publicly on any rules or regulations proposed by the state regarding the education of individuals with exceptional needs, as defined in Section 56026.

(2) Advise the Education Commissioner in developing evaluations and reporting on data to the Secretary of Education in the United States Department of Education under Section 1418 of Title 20 of the United States Code.

(3) Advise the Education Commissioner in developing corrective action plans to address findings identified in federal monitoring reports under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(4) Advise the Education Commissioner and the State Board of Education in developing and implementing policies relating to the coordination of services for individuals with exceptional needs.

(b) The commission shall report to the State Board of Education, the Education Commissioner, the Superintendent of Public Instruction, the Legislature, and the Governor not less than once a year on the following with respect to special education:

(1) Activities enumerated in Section 56100 that are necessary to be undertaken regarding special education for individuals with exceptional needs.

(2) The priorities and procedures utilized in the distribution of federal and state funds.

(3) The unmet educational needs of individuals with exceptional needs within the state.

(4) Recommendations relating to providing better education services to individuals with exceptional needs, including, but not limited to, the development, review, and revision, of the definition of “appropriate” as that term is used in the phrase “free and appropriate public education” for the purposes of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(c) Commission recommendations or requests shall be transmitted by letter from the commission chairperson to the president of the State Board of Education. Each communication shall be placed on the agenda of the next forthcoming state board meeting in accordance with the announced annual state board agenda cutoff dates. Following the state board meeting, the commission shall be notified by the state board as to what action has been taken on each request. Commission requests shall also be transmitted by letter from the commission chairperson to the Education Commissioner, the Superintendent of Public Instruction, the Governor, and to appropriate Members of the Legislature.

SEC. 69.

Section 33802 of the Education Code is amended to read:

33802.

The Office of Civil Rights, in consultation with the department, and under the supervision of the Government Operations Agency, shall do all of the following:

(a) Provide education and educational resources to identify and prevent antisemitism and other forms of discrimination and bias, and share relevant laws and regulations with educational state agencies, local educational agencies, and community stakeholders.

(b) Annually submit a report to the Government Operations Agency, the Superintendent, the Education Commissioner, and the Legislature, consistent with Section 9795 of the Government Code, on the state of discrimination and bias in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. The report shall include specific information on the type of discrimination or bias against a group protected by Section 220. The report shall be made publicly available on the agency’s internet website.

(c) Recommend strategies to combat discrimination or bias against groups protected by Section 220 in local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to the department and local educational agencies, including proactive strategies using a restorative justice approach with a focus on repairing harm, fostering empathy, and healing relationships.

(d) (1) Beginning January 1, 2027, annually review a report that the department shall provide to the Office of Civil Rights that includes a summary of all complaints made pursuant to Section 33315 that involve discrimination as defined in Section 220. The summary shall include specific information on the type of discrimination or bias against groups protected by Section 220, any action taken by the department in response to each complaint and the timeline for that action, and the disposition of each complaint.

(2) Advise on subsequent action regarding complaints made pursuant to Section 33315 that involve discrimination as defined in Section 220, including either or both of the following:

(A) Provide advice to the department and the relevant county office of education, if appropriate, to implement corrective actions that may include, but not be limited to, targeted and intensive assistance for teachers, administrators and staff to identify and proactively prevent antisemitism and other forms of discrimination and bias and on restorative justice practices.

(B) Provide technical assistance to teachers, administrators, governing board or body members or other school staff, upon the request of the Superintendent, the Education Commissioner, district superintendent, county superintendent of schools, or the governing board or body of a local educational agency, in order to resolve discrimination issues at schoolsites.

(e) (1) Provide assistance, in consultation with the office of the Attorney General and the department, on proper protocols to respond to discrimination complaints filed pursuant to Section 33315.

(2) Subject to an appropriation by the Legislature for this purpose, the office shall develop a training module, in consultation with the department, the Education Commissioner, and the office of the Attorney General, regarding the appropriate manner to process and resolve discrimination complaints filed pursuant to Section 33315. The training module shall include, but not be limited to, information on timelines, appeals, and protocols regarding the interaction with pupils, parents, and school staff, in resolving complaints in a timely manner.

SEC. 70.

Section 33803.1 of the Education Code is amended to read:

33803.1.

(a) The Office of Civil Rights shall employ the Antisemitism Prevention Coordinator who shall be appointed by the Governor and confirmed by the Senate.

(b) The Antisemitism Prevention Coordinator, in consultation with the department, and under the supervision of the Government Operations Agency, shall do all of the following:

(1) Develop, consult on, and provide antisemitism education to teachers, staff, governing board or body members, administrators, and other local educational agency personnel to identify and proactively prevent antisemitism.

(2) Make recommendations, in coordination with the Education Commissioner, to the Legislature, consistent with Section 9795 of the Government Code, on legislation necessary for the prevention of antisemitism in educational settings.

(3) Engage and advise on the actions taken by the office on issues relating to antisemitism and the Jewish community.

(4) Engage with local educational agencies on the handling of antisemitism.

(5) Beginning September 1, 2027, track and report to the Legislature, consistent with Section 9795 of the Government Code, the Education Commissioner, and the Superintendent complaints and resolutions or lack of resolutions of complaints made pursuant to Section 33315 relating to antisemitism in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive.

(6) Engage with relevant community stakeholders, as determined by the Antisemitism Prevention Coordinator, in the execution of their duties.

(c) The United States National Strategy to Counter Antisemitism, published by the Biden Administration on May 25, 2023, shall be a basis to inform the Antisemitism Prevention Coordinator on how to identify, respond to, prevent, and counter antisemitism.

SEC. 71.

Section 41320.1 of the Education Code is amended to read:

41320.1.

Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions:

(a) The county superintendent of schools and the Education Commissioner shall jointly appoint a trustee from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (b) who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows:

(1) The expenses incurred by the trustee and necessary staff shall be borne by the school district.

(2) The county superintendent of schools, with concurrence from the Education Commissioner, shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall report directly to the county superintendent of schools. The county superintendent of schools shall provide regular updates to the Education Commissioner regarding the work of the trustee.

(3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Education Commissioner has determined that the school district’s future compliance with the fiscal plan approved for the school district pursuant to Section 41320 is probable, and the county superintendent of schools and the Education Commissioner decide to terminate the trustee’s appointment, but in no event for less than three years. The county superintendent of schools shall notify the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the county superintendent of schools expects these conditions to be met.

(4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Education Commissioner and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the county superintendent of schools, with concurrence from the Education Commissioner, may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district.

(5) Notwithstanding any other law, all reports submitted to the trustee are public records.

(6) To facilitate the appointment of the trustee and the employment of necessary staff, this section is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

(7) If the trustee appointed pursuant to this section is an employee of the department, the salary and benefits of that employee shall be established by the Education Commissioner and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department.

(b) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for trustee, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to meaningfully engage with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for trustee.

(c) (1) The trustee appointed pursuant to this section shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district.

(2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Education Commissioner, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following:

(A) A description of the governing board of the school district’s intended action and its financial implications.

(B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district.

(3) If the county superintendent of schools notifies the Education Commissioner pursuant to paragraph (2), the county superintendent of schools shall report to the Legislature, pursuant to Section 9795 of the Government Code, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district.

(4) The county superintendent of schools, with concurrence from the Education Commissioner, may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Education Commissioner, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the county superintendent of schools determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, with concurrence from the Education Commissioner, and the school district shall comply with the plan as modified.

(d) At the request of the county superintendent of schools, with approval from the Education Commissioner, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools.

(e) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or an auditor that is designated by the Controller as both active and able to perform K–12 local education agency audits, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, an auditor that is designated by the Controller as both active and able to perform K–12 local education agency audits, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the county superintendent of schools and the Education Commissioner, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. The auditor selected pursuant to this subdivision, if any, the county superintendent of schools, a County Office Fiscal Crisis and Management Assistance Team representative, the Education Commissioner, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2.

(f) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes.

(g) Except for an individual appointed by the vote pursuant to subdivision (a) as a trustee described in paragraph (7) of subdivision (a), the trustee appointed pursuant to this section is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Education Commissioner may also require that an individual appointed as a trustee described in paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is described in paragraph (7) of subdivision (a) is an employee of the department for those purposes.

(h) If, within 20 business days of receipt of the pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (b), the county superintendent of schools and the Education Commissioner do not inform the County Office Fiscal Crisis and Management Assistance Team in writing of their joint appointment of a trustee pursuant to subdivision (a), the County Office Fiscal Crisis and Management Assistance Team shall appoint the trustee within 10 business days.

SEC. 72.

Section 41320.2 of the Education Code is amended to read:

41320.2.

(a) The governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations may request an emergency apportionment through the Education Commissioner, subject to the requirements and repayment provisions of this article and Article 2.7 (commencing with Section 41329.50).

(b) It is not the intent of the Legislature that this section authorize emergency loans to school districts for the purpose of meeting cashflow requirements pending the receipt of local taxes and other funds.

(c) It is the intent of the Legislature that emergency apportionments, as described in this section, not occur, unless funds have been specifically appropriated therefor by the Legislature.

SEC. 73.

Section 41321 of the Education Code is amended to read:

41321.

(a) On or before October 31 of the year following receipt of an emergency apportionment, and each year thereafter, until the emergency apportionment, including interest, is repaid, the governing board of the school district shall prepare a report on the financial condition of the school district. The report shall include, but not necessarily be limited to, all of the following information:

(1) Specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions.

(2) A copy of the adopted budget for the current fiscal year.

(3) Reserves for economic uncertainties.

(4) Status of employee contracts.

(5) Obstacles to the implementation of the adopted recovery plan.

(b) The school district shall submit the report to the trustee for review. Upon the trustee’s approval of the report, the school district shall transmit copies to the county superintendent of schools, the Education Commissioner, and the Controller.

SEC. 74.

Section 41325 of the Education Code is amended to read:

41325.

(a) The Legislature finds and declares that when a school district becomes insolvent and requires an emergency apportionment from the state in the amount designated in this article, it is necessary that the county superintendent of schools, under the supervision of the Education Commissioner, assume control of the school district in order to ensure the school district’s return to fiscal solvency.

(b) It is the intent of the Legislature that an administrator, appointed pursuant to Section 41326, do all of the following:

(1) Implement substantial changes in the school district’s fiscal policies and practices, including, if necessary, the filing of a petition under Chapter 9 of the federal Bankruptcy Code for the adjustment of indebtedness.

(2) Revise the school district’s educational program to reflect realistic income projections, in response to the dramatic effect of the changes in fiscal policies and practices upon educational program quality and the potential for the success of all pupils.

(3) Encourage all members of the school community to accept a fair share of the burden of the school district’s fiscal recovery.

(4) Consult, for the purposes described in this subdivision, with the school district governing board, the exclusive representatives of the employees of the school district, parents, and the community.

(5) Consult with and seek recommendations from the county superintendent of schools and the Education Commissioner for the purposes described in this subdivision.

(c) For purposes of this article, the county superintendent of schools and the Education Commissioner may also appoint a trustee with the powers and responsibilities of an administrator, as set forth in this article.

SEC. 75.

Section 41326 of the Education Code is amended to read:

41326.

(a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision.

(b) The county superintendent of schools shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The county superintendent of schools, with concurrence from the Education Commissioner, shall appoint an administrator from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (c) to exercise the authority described in this subdivision in accordance with all of the following:

(1) The administrator shall serve under the direction and supervision of the county superintendent of schools, with concurrence from the Education Commissioner, until terminated by the county superintendent of schools, with concurrence from the Education Commissioner, at their discretion.

(2) The administrator shall have recognized expertise in management and finance.

(3) To facilitate the appointment of the administrator and the employment of necessary staff, this section is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

(4) Notwithstanding any other law, if an employee of the state or the office of the county superintendent of schools is appointed to act as administrator pursuant to this section, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district during the tenure of his or her appointment, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools.

(5) Except for an individual appointed as an administrator by the county superintendent of schools who is described in and subject to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Education Commissioner may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions.

(6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator described in and subject to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable.

(7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies.

(8) The salary and benefits of the administrator shall be established by the county superintendent of schools, with concurrence from the Education Commissioner, and paid by the qualifying school district.

(9) The county superintendent of schools or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant.

(10) The administrator may do all of the following:

(A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness.

(B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards.

(C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district.

(D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community.

(E) Consult with, and seek recommendations from, the Education Commissioner, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article.

(F) Upon approval by the county superintendent of schools, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1.

(G) Request the advice and assistance of the California Collaborative for Educational Excellence.

(c) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for administrator, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to engage meaningfully with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for administrator.

(d) (1) Except as provided for in paragraph (2), the period of time during which the county superintendent of schools exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the administrator appointed pursuant to subdivision (b), and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district.

(2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship.

(B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following:

(i) Goals and standards consistent with Section 41327.1.

(ii) Commendations in the areas of the administrator’s strengths and achievements.

(iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance.

(C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, pursuant to Section 9795 of the Government Code, the Education Commissioner, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team.

(3) Upon the appointment of an administrator pursuant to this section, the district superintendent of schools is no longer an employee of the qualifying school district.

(4) A determination of the severance compensation for the district superintendent of schools shall be made pursuant to subdivision (k).

(e) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency.

(f) The authority of the county superintendent of schools, the Education Commissioner, and the administrator, under this section shall continue until all of the following occur:

(1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the county superintendent of schools and the Education Commissioner that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.

(B) The county superintendent of schools, with concurrence from the Education Commissioner, may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the county superintendent of schools, with concurrence from the Education Commissioner.

(2) The county superintendent of schools, with concurrence from the Education Commissioner, has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans.

(3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.

(4) The qualifying school district has completed all reports required by the county superintendent of schools and the administrator.

(5) The county superintendent of schools, with concurrence from the Education Commissioner, determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable.

(g) When the conditions stated in subdivision (f) have been met, and at least 60 days after the county superintendent of schools has notified the Legislature, pursuant to Section 9795 of the Government Code, the Department of Finance, the Education Commissioner, and the Controller that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The parties specified in Section 41320.1 shall appoint a trustee under that section to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met.

(h) Notwithstanding subdivision (g), if the qualifying school district violates a provision of the recovery plans approved by the county superintendent of schools, with concurrence from the Education Commissioner, pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the county superintendent of schools, with concurrence from the Education Commissioner, may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The county superintendent of schools, with concurrence from the Education Commissioner, shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.

(i) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article.

(j) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district.

(k) (1) The district superintendent of schools is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent of schools shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Education Commissioner and the public. The information provided to the public shall explain the rationale for the compensation.

(2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004.

(l) (1) When the county superintendent of schools assumes control over a qualifying school district pursuant to subdivision (b), the County Office Fiscal Crisis and Management Assistance Team shall review the fiscal oversight of the qualifying school district by the county superintendent of schools. The County Office Fiscal Crisis and Management Assistance Team may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.

(2) Within three months of the county superintendent of schools assuming control over a qualifying school district, the County Office Fiscal Crisis and Management Assistance Team shall report its findings to the Legislature, pursuant to Section 9795 of the Government Code, and shall provide a copy of that report to the Department of Finance and the Education Commissioner. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.

(3) In the year following the completion of the report required in paragraph (2), the County Office Fiscal Crisis and Management Assistance Team shall begin annual reviews of the effectiveness of the oversight of the qualifying school district by the county office of education.

(4) If, after performing the duties described in paragraphs (1), (2), and (3), the County Office Fiscal Crisis and Management Assistance Team determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Education Commissioner may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. The Education Commissioner shall further require the county superintendent of schools to demonstrate remediation of deficiencies identified in reports required in paragraphs (2) and (3). If the Education Commissioner finds, based on the reports required in paragraphs (2) and (3), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Education Commissioner shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications.

SEC. 76.

Section 41327 of the Education Code is amended to read:

41327.

(a) In accordance with timelines, instructions, and a format established by the county superintendent of schools, with concurrence from the Education Commissioner, the administrator appointed pursuant to subdivision (b) of Section 41326 shall prepare or obtain the following reports and plans:

(1) A management review and recovery plan.

(2) A multiyear financial recovery plan. The multiyear financial recovery plan shall include a plan, to be submitted annually on or before July 1, to repay to the state any and all loans owed by the school district.

(3) During the period of service by the administrator appointed pursuant to subdivision (b) of Section 41326, an annual report on the financial condition of the school district, including, but not necessarily limited to, all of the following information:

(A) Specific actions taken to reduce school district expenditures or increase income to the school district, and the amount of the resulting cost savings and increases in income.

(B) A copy of the adopted school district budget for the current fiscal year.

(D) The status of employee contracts.

(E) Any obstacles to the implementation of the recovery plans described in paragraphs (1) and (2).

(b) Each of the reports or plans required under this section, or under any other law that requires the school district to prepare reports or plans, shall be submitted to the county superintendent of schools for approval, with concurrence from the Education Commissioner. The county superintendent of schools may accept and approve, for the purposes of this section, any reports or plans that were prepared by or for the school district prior to the school district’s acceptance of a loan as described in subdivision (a) of Section 41326.

(c) With the approval of the county superintendent of schools, the administrator appointed pursuant to subdivision (b) of Section 41326 may enter into agreements on behalf of the school district and, subject to any contractual obligation of the school district, change any existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in subdivision (a).

(d) The County Office Financial Crisis and Management Assistance Team shall do an annual review of the progress made with regard to the recovery plans required by subdivision (a), and submit that review to the county superintendent and the Education Commissioner.

SEC. 77.

Section 41327.1 of the Education Code is amended to read:

41327.1.

(a) The state board shall adopt and may periodically update by regulation a comprehensive list of professional and legal standards that all school districts are encouraged to use as a guide to conduct a good educational program and fiscal and management practices that shall be used as the basis of evaluating the improvement of qualifying school districts pursuant to this article. These standards shall, at a minimum, address all of the following areas:

(1) Financial management.

(2) Pupil achievement.

(3) Personnel management.

(4) Facilities management.

(5) Community relations.

(b) If an administrator is appointed pursuant to Section 41326, the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 shall conduct comprehensive assessments in the five areas specified in subdivision (a).

(c) After the assessments specified in subdivision (b) are completed, the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team and the Education Commissioner, shall determine, based upon the school district’s particular needs and circumstances, the level of improvement needed in the standards adopted pursuant to subdivision (a) before local authority will be returned pursuant to subdivision (g) of Section 41326. Based upon this determination, the County Office Fiscal Crisis and Management Assistance Team shall complete improvement plans in the five areas specified in subdivision (a) that focus on the agreed upon standards, and that are consistent with the financial improvement plan.

(d) Beginning six months after an emergency loan is approved, and annually thereafter until local authority is returned pursuant to subdivision (g) of Section 41326, the County Office Fiscal Crisis and Management Assistance Team shall file a written status report with the appropriate fiscal and policy committees of the Legislature, the Members of the Legislature that represent the qualifying school district, any advisory council of the school district, the Education Commissioner, the county superintendent of schools, and the Director of Finance. The reports shall indicate the progress that the school district is making in meeting the recommendations of the improvement plans developed pursuant to this section.

(e) If the County Office Fiscal Crisis and Management Assistance Team indicates in writing that it has insufficient resources to complete the comprehensive assessments, improvement plans, and progress reports required pursuant to this section, the county superintendent of schools shall request proposals to complete these tasks, and subject to the approval of the Department of Finance, select an entity to complete the tasks assigned to the County Office Fiscal Crisis and Management Assistance Team pursuant to this section.

SEC. 78.

Section 41327.2 of the Education Code is amended to read:

41327.2.

(a) The appointment of an administrator pursuant to Section 41326 does not remove any statutory rights, duties, or obligations from the county superintendent of schools. The county superintendent of schools retains the responsibility to superintend school districts under his or her jurisdiction.

(b) The county superintendent of schools shall submit reports to the Education Commissioner, the appropriate fiscal and policy committees of the Legislature, and the Director of Finance subsequent to review by the county superintendent of schools of the school district’s budget and interim reports in accordance with subdivision (d) of, and paragraph (1) of subdivision (f) of, Section 42127, and paragraph (2) of subdivision (a) of, and subdivision (e) of, Section 42131. These reports shall document the fiscal and administrative status of the qualifying school district, particularly in regard to the implementation of fiscal and management recovery plans. Each report shall also include a determination of whether the revenue streams to the school district appear to be consistent with its expenditure plan, according to the most recent data available at the time of the report. These reports are required until six months after all rights, duties, and powers are returned to the school district pursuant to this article.

SEC. 79.

Section 44113 of the Education Code is amended to read:

44113.

(a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article.

(b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.

(c) For the purpose of subdivision (a), “official agent” includes a school administrator, member of the governing board of a school district or county board of education, county superintendent of schools, the Education Commissioner, or the Superintendent of Public Instruction.

(d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party.

(e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law.

SEC. 80.

Section 51747.3 of the Education Code is amended to read:

51747.3.

(a) Notwithstanding any other law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the local educational agency has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that the local educational agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to the pupil’s parent or guardian.

(b) Providing access to connectivity and local educational agency-owned devices adequate to participate in an independent study program and complete assigned work, consistent with paragraph (3) of subdivision (g) of Section 51747, or to participate in an independent study course, as authorized in Section 51749.5, shall not be considered funds or other things of value for purposes of subdivision (a).

(c) Notwithstanding paragraph (1) of subdivision (e) of Section 47605 or any other law, community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.

(d) The department shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204.

(e) In conformity with Provisions 25 and 28 of Item 6110–101–001 of Section 2.00 of the Budget Act of 1992, this section applies to average daily attendance reported for apportionment purposes beginning July 1, 1992.

(f) The provisions of this section are not subject to waiver by the state board, by the Education Commissioner, or under any provision of Part 26.8 (commencing with Section 47600).

SEC. 81.

Section 52074 of the Education Code is amended to read:

52074.

(a) The California Collaborative for Educational Excellence is hereby established.

(b) The purpose of the California Collaborative for Educational Excellence is to advise and assist school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan adopted pursuant to this article. The California Collaborative for Educational Excellence shall achieve this purpose by facilitating continuous improvement for local educational agencies within California’s system of public school support.

(c) The California Collaborative for Educational Excellence shall be governed by a board consisting of the following five members:

(1) The Superintendent or the Superintendent’s designee.

(2) The president of the state board or the president of the state board’s designee.

(3) A county superintendent of schools appointed by the Senate Committee on Rules.

(4) A teacher appointed by the Speaker of the Assembly.

(5) A superintendent of a school district appointed by the Governor.

(d) The governing board of the California Collaborative for Educational Excellence shall select, and direct the administrative agent provided for in subdivision (e) to hire, the executive director of the California Collaborative for Educational Excellence and provide policy and program direction.

(e) The department, in consultation with the executive director of the state board and with the approval of the Department of Finance, shall enter into a memorandum of understanding with a local educational agency, or consortium of local educational agencies, to serve as the administrative agent for the California Collaborative for Educational Excellence. The administrative agent shall operate all aspects of the California Collaborative for Educational Excellence in accordance with the terms of the memorandum of understanding entered into with the state, applicable statutes, and the policy and program direction of the governing board of the California Collaborative for Educational Excellence.

(f) Pursuant to the policy and program direction of the governing board of the California Collaborative for Educational Excellence, the administrative agent shall contract with individuals, local educational agencies, or organizations with the expertise, experience, and a record of success to carry out the purposes of this article. The areas of expertise, experience, and record of success shall include, but are not limited to, all of the following:

(1) State priorities as described in subdivision (d) of Section 52060, including the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5.

(2) Improving the quality of teaching.

(3) Improving the quality of school district and schoolsite leadership.

(4) Successfully addressing the needs of special pupil populations, including, but not limited to, English learners, pupils eligible to receive a free or reduced-price meal, pupils in foster care, and individuals with exceptional needs.

(g) (1) The California Collaborative for Educational Excellence may accept a request or referral to advise and assist a school district, county superintendent of schools, or charter school pursuant to paragraph (2) or in either of the following circumstances:

(A) If the county superintendent of schools of the county in which the school district or charter school is located determines, following the provision of technical assistance pursuant to Section 52071 or 47607.3, as applicable, and the geographic lead agency of that county identified pursuant to Section 52073 agrees, that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district or charter school accomplish the goals described in the local control and accountability plan adopted pursuant to this article.

(B) If the Education Commissioner determines that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district, county superintendent of schools, or charter school accomplish the goals set forth in the local control and accountability plan adopted pursuant to this article.

(2) (A) If a school district receives an emergency apportionment pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3, the school district shall be deemed to have been referred to the California Collaborative for Educational Excellence.

(B) If the California Collaborative for Educational Excellence provides assistance to a school district referred pursuant to this paragraph, the California Collaborative for Educational Excellence shall conduct a systemic review of the school district to identify needs and strategies to improve pupil academic achievement, including, but not limited to, needs identified pursuant to Sections 52052, 52064.5, and 52071. Based on the results of the systemic review, the California Collaborative for Educational Excellence shall coordinate and facilitate the assistance provided to the school district by governmental agencies to provide coherent and effective support consistent with the purpose of the statewide system of support specified in Section 52059.5. The governmental agencies may include, among others, the department, the local county superintendent, the applicable geographic lead agency, and the County Office Fiscal Crisis and Management Assistance Team. It is the intent of the Legislature that no single governmental agency providing assistance in partnership with other governmental agencies bear the full cost of assistance.

(3) Outside of the processes described in paragraphs (1) and (2), only a school district, county office of education, or charter school that is eligible for technical assistance pursuant to Section 52071, 52071.5, or 47607.3 may request the advice and assistance of the California Collaborative for Educational Excellence. A school district, county office of education, or charter school that requests advice and assistance pursuant to this paragraph shall reimburse the California Collaborative for Educational Excellence for the cost of those services pursuant to authority provided in the annual Budget Act.

(4) Notwithstanding paragraphs (1), (2), and (3), the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 may request the advice or assistance of the California Collaborative for Educational Excellence and shall reimburse the California Collaborative for Educational Excellence for the cost of those services pursuant to authority provided in the annual Budget Act.

(h) To the extent authority is provided in the annual Budget Act, a school district at risk of qualifying for state intervention pursuant to subdivision (b) of Section 52072 shall have priority for direct technical assistance from the California Collaborative for Educational Excellence.

(i) In addition to the functions described in subdivision (g), the California Collaborative for Educational Excellence shall do both of the following:

(1) Facilitate professional development activities that increase the capacity of local educational agencies to improve pupil outcomes in alignment with state priorities pursuant to Section 52060 and to improve performance on the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5. The California Collaborative for Educational Excellence shall provide professional development in partnership with state professional associations, nonprofit organizations, and public agencies. The governing board of the California Collaborative for Educational Excellence shall determine the extent of the training that is necessary to comply with this paragraph.

(2) Produce a professional development training calendar, to be posted on the California Collaborative for Educational Excellence’s internet website, that publicizes all of the professional development activities offered pursuant to paragraph (1) at the local, regional, and state levels.

(j) The individuals with whom the administrative agent enters into employment contracts to carry out the purposes of this article shall be deemed employees of the administrative agent and eligible for participation in either the State Teachers’ Retirement System or the Public Employees’ Retirement System, as appropriate to the nature of the work to be performed by the employees.

(k) Receipt of any revenues not appropriated by the Legislature to the California Collaborative for Educational Excellence, including revenues received for assistance provided pursuant to paragraphs (3) and (4) of subdivision (g), shall be subject to approval by the governing board of the California Collaborative for Educational Excellence. The governing board of the California Collaborative for Educational Excellence shall ensure that all activities, regardless of fund source, are aligned with the purpose of the California Collaborative for Educational Excellence, as described in subdivision (b).

SEC. 82.

Section 52163 of the Education Code is amended to read:

52163.

Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article.

(a) “Basic bilingual education” is a system of instruction that builds upon the language skills of the pupil and that consists of, but is not limited to, all of the following:

(1) A structured English language development component with daily instruction leading to the acquisition of English language proficiency, including English reading and writing skills.

(2) A structured primary language component with daily basic skills instruction in the primary language for the purpose of sustaining achievement in basic subject areas until the transfer to English is made.

As the pupil develops English language skills, the amount of instruction offered through English shall increase.

(b) “Bilingual-bicultural education” is a system of instruction that uses two languages, one of which is English, as a means of instruction. It is a means of instruction that builds upon and expands the existing language skills of each participating pupil, that will enable the pupil to achieve competency in both languages.

This instruction shall include all of the following:

(1) Daily instruction in English language development that shall include:

(A) Listening and speaking skills.

(B) Reading and writing skills; formal instruction in reading and writing of English shall be introduced when appropriate criteria are met.

(2) Language development in the pupil’s primary language, including oral and literacy skills.

(3) Reading in the pupil’s primary language.

(4) Selected subjects taught in the pupil’s primary language.

(5) Development of an understanding of the history and culture of California and the United States, as well as an understanding of customs and values of the cultures associated with the languages being taught.

(A) Innovative programs that are consistent with the provisions of this article, the requirements for bilingual teaching personnel pursuant to Section 52165, and the requirements for English language and primary language development pursuant to this section. Innovative programs may include new management approaches, greater emphasis on team teaching, or other appropriate improvements that expand the learning opportunities of pupils of limited English proficiency. Unless waivers of code sections are required, project approval of the state board is not required. A description of each innovative program shall be included with the consolidated application for program funding and an annual evaluation of the programs shall be included in the multiple-funded program evaluation required pursuant to Section 33403.

(B) Planned variation programs for the purpose of comparing and improving language development programs for pupils of limited English proficiency. A primary focus shall be on appropriate instruction for pupils of limited English proficiency whose English skills are superior to their skills in their primary language.

A focus may also be placed upon situations in which the number of pupils who, in accordance with Section 52165, would be required to receive instruction pursuant to subdivision (a) or (b) of Section 52163, is substantially smaller than the census indicated for the previous year, in which case all pupils of limited English proficiency shall receive instruction through individual learning programs during the preparation of the district’s proposal and the consideration of the proposal by the state board. The programs shall be authorized by the state board in up to 300 classrooms in 1982–83 and up to 700 classrooms in 1983–84 and each school year thereafter in districts that are representative of the state both geographically and by size. Not more than 30 classrooms in 1982–83 and 50 classrooms in 1983–84, that may or may not be in another school, shall be approved in any one district. The programs shall not result in segregation. For districts proposing a planned variation program, the staffing requirements of Section 52165 may be partially or totally waived by the state board provided that the district has an inadequate number of certified bilingual teachers, that certified bilingual teachers are not replaced, that present level of effort is not reduced, and that the proposed language development program is appropriate. For each participating classroom there shall be another similar classroom in the district that has fully implemented and is in compliance with the other provisions of this article.

(2) Proposals for planned variation programs shall include, but need not be limited to:

(A) A clear statement of the purposes, goals, and objectives for planned variation programs and projected outcomes.

(B) A delineated management, staffing, and instructional plan.

(D) Evidence of qualified bilingual and other instructional staff with demonstrated competence in language development, bicultural or multicultural knowledge of participating pupils, and instructional methodologies.

(E) Documented parent and community participation and support.

(F) Use of state and federal funding, where applicable.

(G) Evaluation component that controls for instructional treatments, instructional engaged time, staffing, pupil language characteristics, achievement, attendance, and related data.

(H) For purposes of this subdivision, if formal action upon a proposal for a planned variation program is not taken by the state board on or before the second regular meeting of the state board following the receipt of a complete and documented proposal, the proposal shall be deemed approved for the remainder of the school year.

Proposals that meet the requirements of this subdivision shall be approved by the state board in accordance with standards established in subdivision (b) of Section 52820.

Proposals may be approved annually for a second, third, or fourth year based upon a demonstration of compliance with planned variation program requirements.

(3) The department shall include in its annual report to the Legislature submitted pursuant to Sections 33405 and 52171.6 the number and nature of experimental bilingual and planned variation programs and progress of participating pupils.

(4) Nothing contained in this subdivision shall be construed to permit the operation of experimental bilingual and planned variation programs contrary to the purposes or intent of this article and other state or federal statutes and regulations promulgated for and on behalf of pupils of limited English proficiency. The primary goal of all programs shall be to teach the pupil English.

(d) “Secondary level language development program” is a program in grades 7 to 12 that provides a prescriptive English language program that systematically develops a pupil’s listening and speaking skills, knowledge of linguistic and grammatical structure leading to proficiency in reading and writing English. The prescriptive English language program shall be based on the diagnosis of a pupil’s language skills pursuant to Sections 52164 and 52164.1 and shall be conducted as an integral instructional program of English curriculum for not less than one full period a day or its equivalent for the purpose of providing pupils with minimum English language competencies pursuant to subdivision (e). The primary goal of the programs shall be to teach pupils the English language.

In addition to the prescriptive English language program required by this subdivision, a secondary level language development program shall provide primary language instructional support to sustain academic achievement in nonelective content subject areas required for high school graduation consistent with current law.

Instruction in a secondary level language development program shall be provided either by a language development specialist, or by a certified bilingual-crosscultural teacher, who has received the recommendation of the local superintendent of schools verifying in writing that the teacher is competent and qualified to teach an English-as-a-second-language component, as measured by the district’s personnel evaluation system.

School districts offering an instructional program pursuant to this subdivision shall not be required to provide a secondary level individual learning program, as defined in subdivision (e), but shall be required to maintain records documenting all parental notices and of the continuing evaluation of pupil needs and services.

A school district may make a secondary level language development program available to pupils enrolled in grade 6 whenever that grade is maintained by the district in a middle school comprised of any of grades 6, 7, 8, or 9.

(e) “Secondary level individual learning program” is an individualized systematic program of instruction that meets the needs of limited-English-proficient pupils and builds upon their language skills in order to develop proficiency in English. This program shall be offered in a manner consistent with the United States Supreme Court decision in Lau v. Nichols (414 U.S. 563), the Equal Education Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.) and federal regulations promulgated pursuant to those court decisions and federal statutes. The primary goal of the programs shall be to teach the pupil English.

(f) “Elementary level individual learning program” is any program of instruction for a pupil of limited English proficiency in which any one of the three program options described in subdivision (a), (b), or (c) is individualized to meet the needs of the pupil of limited English proficiency and is offered in a manner consistent with the requirements of this article. Instruction shall be offered in a manner consistent with the United States Supreme Court decision in Lau v. Nichols (414 U.S. 563), the Equal Educational Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.), and federal regulations promulgated pursuant to those court decisions and federal statutes. The primary goal of the programs shall be to teach the pupil English.

(g) “Primary language” is a language other than English that is the language the pupil first learned or the language that is spoken in the pupil’s home.

(h) “Bilingual-crosscultural teacher” means a person who (1) holds a valid, regular California teaching credential and (2) holds either a bilingual-crosscultural certificate of proficiency or other credential in bilingual education authorized by the Commission on Teacher Credentialing or a bilingual-crosscultural specialist credential. The person shall be fluent in the primary language and familiar with the cultural heritage of limited-English-proficiency pupils in the bilingual classes he or she conducts. The person shall have a professional demonstrated working knowledge of the methodologies that are necessary to effectively educate those pupils.

(i) “Bilingual-crosscultural teacher aide” means an aide fluent in both English and the primary language of the pupil or pupils of limited English proficiency in a bilingual-bicultural program. The aide shall be familiar with the cultural heritage of pupils of limited English proficiency in the bilingual classes to which he or she is assigned.

(j) “State board” means the State Board of Education.

(k) “Basic skills” means language arts, including, but not limited to, reading and writing, and mathematics.

(l) “Pupils of limited English proficiency” are pupils who do not have the clearly developed English language skills of comprehension, speaking, reading, and writing necessary to receive instruction only in English at a level substantially equivalent to pupils of the same age or grade whose primary language is English. The determination of which pupils are pupils of limited English proficiency shall be made in accordance with the procedures specified in Sections 52164 and 52164.1. Pupils who have no proficiency in their primary language are not included within this definition.

(m) “Pupils of fluent English proficiency” are pupils whose English proficiency is comparable to that of the majority of pupils, of the same age or grade, whose primary language is English.

(n) “Department” means the State Department of Education.

SEC. 83.

Section 54441 of the Education Code is amended to read:

54441.

The definitions set forth in this section shall govern the interpretation of this article.

(a) “Currently migratory child” means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding their identification as such a child, in order that the child, a parent, guardian, or other member of the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services.

“Currently migratory child” includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.

(b) “Former migratory child” means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program.

(c) “Agricultural activity” means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.

(d) “Fishing activity” means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.

(e) “Operating agency” means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.

(f) “Migrant region” means an operating agency comprised of a county office of education or a combination of county offices of education, a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.

(g) “Quality control” means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.

(h) “Supplementary services” means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.

(i) “Average monthly enrollments” means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.

(j) “Department” means the State Department of Education.

SEC. 84.

Section 60605.7 of the Education Code is amended to read:

60605.7.

The state board and any other entity or individual designated by the Governor shall participate in the Common Core State Standards Initiative consortium sponsored by the National Governors Association and the Council of Chief State School Officers or any associated or related interstate collaboration to jointly develop common high-quality standards or assessments aligned with the common set of standards.

SEC. 85.

Section 60605.10 of the Education Code is amended to read:

60605.10.

The state board may adopt the college and career readiness anchor standards developed by the Common Core State Standards Initiative consortium. The state board may also take action to resolve any technical issues in the English language arts standards adopted pursuant to Section 60605.8.

SEC. 86.

Section 60648 of the Education Code is amended to read:

60648.

Exclusive of consortium summative assessments, the state board shall adopt performance standards on the California Assessment of Student Performance and Progress summative tests administered pursuant to this article. The performance levels shall identify and establish the minimum performance required for meeting a particular achievement level expectation. Once adopted, these standards shall be reviewed by the state board every five years to determine whether adjustments are necessary.

SEC. 87.

Section 69513.2 of the Education Code is amended to read:

69513.2.

Notwithstanding any other law:

(a) The commission shall grant up to an additional 30 calendar days beyond an application deadline for any financial aid program administered by the commission pursuant to this part if the commission receives and approves a formal request to postpone the application deadline from either the superintendent of a school district or community college district or from the president or chancellor of a California institution of higher education that is eligible to receive state funds for student financial assistance and the commission finds that a qualifying event, as defined in subdivision (e), has occurred.

(b) Notwithstanding subdivision (a), the commission may grant up to an additional 30 calendar days beyond an application deadline for any financial aid program administered by the commission pursuant to this part if the commission finds that a qualifying event described in paragraph (2) or (3) of subdivision (e) has occurred.

(c) A postponement of an application deadline granted by the commission pursuant to this section shall apply to all financial aid applicants within the school district, community college district, or the area or region, such as a city or county, that was predominantly affected by the qualifying event.

(d) For purposes of this section, the commission may, on a permanent basis, delegate to the director of the commission the authority to grant a deadline postponement authorized by this section.

(e) For purposes of this section, a “qualifying event” is any event or extenuating circumstance outside of the control of the pupils or students in an affected school district, community college district, or area or region that has had an adverse effect on the ability of students within the district to successfully complete and submit their financial aid applications by an established statutory deadline. The qualifying event shall have occurred or been ongoing during the period for which financial aid applications were available to submit for the following academic year, and includes, but is not limited to, any of the following types of events:

(1) A natural disaster.

(2) A state of emergency declared by the Governor or the President of the United States.

(3) A delay in the opening of the Free Application for Federal Student Aid, as declared by the commission.

(4) A labor action.

(f) The commission may establish procedures, which may include a standardized application form, through which a postponement of an application deadline may be requested by the individuals referenced in subdivision (a). The formal application to the commission shall be submitted no later than 15 business days after the occurrence of the qualifying event in question, or, if the qualifying event is ongoing, no later than 15 business days after the conclusion of the qualifying event, and shall include, at a minimum, all of the following:

(1) A description of the qualifying event that is the basis for the request, including how the event in question has had an adverse effect on students’ ability to submit their financial aid applications by the established deadline.

(2) A list of any financial aid outreach events, including, but not limited to, workshops or webinars sponsored by the commission, that have been canceled or delayed due to the qualifying event.

(3) When available, data showing that there has been, or is likely to be, a reduction in the number of students who have completed a financial aid application from the previous year.

(g) If the commission grants the postponement of an application deadline pursuant to this section, the commission shall issue a written notice of the postponement of the deadline within 48 hours of granting the postponement of the deadline. The notice shall include the approved postponed deadline, and shall be sent to all of the following or their respective designees:

(1) The individual who requested the extension pursuant to subdivision (a), if applicable.

(2) The Superintendent of Public Instruction.

(3) The Governor.

(4) The Director of Finance.

(5) The Education Commissioner.

(6) The President of the University of California.

(7) The Chancellor of the California State University.

(8) The Chancellor of the California Community Colleges.

(9) The Joint Legislative Budget Committee and the chairpersons of the relevant fiscal and policy committees of the Legislature.

(h) When granting a postponement of an application deadline pursuant to this section, the commission shall post all of the following on its internet website:

(1) The approved postponed deadline.

(2) The public school district, community college district, or area or region, such as a city or county, to which the approved postponed deadline applies.

(i) The authority to grant postponements of application deadlines established pursuant to this section shall apply to all of the following programs established in statute, and any other state-funded financial aid programs administered by the commission pursuant to this part:

(1) The Cal Grant A Entitlement program established by Article 2 (commencing with Section 69434) of Chapter 1.7.

(2) The Cal Grant B Entitlement program established by Article 3 (commencing with Section 69435) of Chapter 1.7.

(3) The California Community College Transfer Cal Grant Entitlement Program established by Article 4 (commencing with Section 69436) of Chapter 1.7.

(4) The Competitive Cal Grant A and B Awards program established by Article 5 (commencing with Section 69437) of Chapter 1.7.

(5) The Middle Class Scholarship Program established by Article 22 (commencing with Section 70020).

(j) Commission staff shall annually report all of the following information to the commission, the Joint Legislative Budget Committee, and the chairpersons of the relevant fiscal and policy committees of the Legislature:

(1) The total number of deadline postponement requests that were granted pursuant to subdivision (a).

(2) The total number of statewide financial aid applications received after the established application deadline.

(3) The specific school districts, community college districts, or areas or regions within the state that received approval to submit a delayed financial aid application pursuant to subdivision (a).

(4) Information regarding whether approved deadline postponements due to a natural disaster or state of emergency were made equally available to financial aid applicants across the impacted area or region.

SEC. 88.

Section 69562 of the Education Code is amended to read:

69562.

The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following:

(a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards.

(b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities.

(d) One secondary school staff, appointed by the Education Commissioner.

(e) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee.

(f) Two postsecondary students, both appointed annually by the commission.

(g) Two college campus financial aid officers, appointed by the commission.

SEC. 89.

Section 71000 of the Education Code is amended to read:

71000.

There is in the state government a Board of Governors of the California Community Colleges, consisting of 19 voting members, as follows:

(a) Twelve members, each appointed by the Governor with the advice and consent of two-thirds of the membership of the Senate to six-year staggered terms. Two of these members shall be current or former elected members of local community college district governing boards.

(b) (1) (A) Two voting student members. Each student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivisions (a) and (c).

(B) A student member shall be enrolled in a community college with a minimum of five semester units, or its equivalent, at the time of the appointment and throughout the period of the student member’s term, or until a replacement has been named. A student member shall be enrolled in a community college at least one semester before the student member’s appointment, and shall meet and maintain the minimum standards of scholarship prescribed for community college students.

(C) Each student member shall be appointed by the Governor from a list of names of at least three eligible persons submitted to the Governor by the student organization recognized by the board of governors.

(2) The term of office of one student member of the board shall commence on July 1 of an even-numbered year, and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year, and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from the student member’s college on or after January 1 of the second year of the student member’s term of office may serve the remainder of the term.

(c) Two voting tenured faculty members from a community college, who shall be appointed by the Governor for two-year terms. The Governor shall appoint each faculty member from a list of names of at least three eligible persons furnished by the Academic Senate of the California Community Colleges. Each seat designated as a tenured faculty member seat shall be filled by a tenured faculty member from a community college pursuant to this section and Section 71003.

(d) One voting classified employee, who shall be appointed by the Governor for a two-year term. The Governor shall appoint the classified employee member from a list of at least three eligible persons furnished by the exclusive representatives of classified employees of the California Community Colleges.

(e) The Lieutenant Governor, who shall be a voting member.

(f) The Superintendent of Public Instruction, who shall be a voting member.

SEC. 90.

Section 76004 of the Education Code is amended to read:

76004.

Notwithstanding Section 76001 or any other law:

(a) (1) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.

(2) As used in this section, “high school” includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates.

(3) As used in this section, “underrepresented in higher education” may include first-time college students, low-income students, students who are current or former foster youth, homeless students, students with disabilities, and students with dependent children.

(b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following:

(1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership.

(2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner.

(c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership, and shall include, but not be limited to, the total number of high school pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupil’s participation in the CCAP partnership.

(2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education partner.

(3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section.

(d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section, or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a).

(e) A community college district shall allow an existing CCAP partnership to be amended, or a new CCAP agreement to be established with a school district or county office of education and a community college district outside of the primary community college district’s service area, if the primary community college district has declined a request from the school district or county office of education, or has failed to take action within 60 calendar days of a request by the school district or county office of education, to either amend into the existing CCAP partnership the requested courses, or to approve another community college district to enter into a CCAP partnership to offer those courses.

(f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee that is prohibited by Section 49011.

(g) (1) A community college district participating in a CCAP partnership shall assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with the middle college high school provisions in Section 76001.

(2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupil’s registration priority for enrollment and course registration at a community college.

(h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or convicted of any controlled substance offense as defined in Section 87011.

(i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus.

(j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus.

(k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure both of the following:

(1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus.

(2) Participation in a CCAP partnership is consistent with the core mission of the community colleges as described in Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college.

(l) The CCAP partnership agreement shall certify that both the school district or county office of education and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit.

(m) The CCAP partnership agreement shall specify both of the following:

(1) Which partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education.

(2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates.

(n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupil’s junior or senior year to ensure that the pupil is prepared for college-level work upon graduation.

(o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday and the community college course is offered pursuant to a CCAP partnership agreement.

(2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils.

(p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus, if all of the following circumstances are satisfied:

(1) The units constitute no more than four community college courses per term.

(2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article.

(3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential.

(q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt pupils seeking to enroll in a community college course required for the pupil’s CCAP partnership program from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121.

(r) The governing board of a community college district participating in a CCAP partnership agreement shall enroll high school pupils in any course that is part of a CCAP partnership agreement offered at a community college campus. Courses offered through the CCAP program may be offered at the community college campus or the participating high school campus.

(s) A district or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment.

(t) (1) The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district or county office of education has received reimbursement for the same instructional activity.

(2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses.

(u) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education shall report annually to the office of the Chancellor of the California Community Colleges all of the following information:

(A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws.

(B) The total number of community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants.

(C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants.

(D) The total number of full-time equivalent students generated by CCAP partnership community college district participants.

(E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants.

(2) On or before May 1 of each year, the chancellor shall aggregate the information annually reported pursuant to paragraph (1) and submit a report of that information to all of the following:

(A) The Legislature, in compliance with Section 9795 of the Government Code.

(B) The Director of Finance.

(D) The Education Commissioner.

(3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002.

(4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupil’s attendance at a community college as a special part-time student participating in a CCAP partnership agreement.

(v) A community college district that violates this article, including, but not limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032.

(w) This section does not affect a dual enrollment partnership agreement existing on January 1, 2016, under which an early college high school, a middle college high school, or a California Career Pathways Trust existing on January 1, 2016, is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on January 1, 2016, shall not operate as a CCAP partnership unless it complies with this section.

(x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section.

SEC. 91.

Section 7.6 of the Government Code is amended to read:

7.6.

(a) If by law, any officer whose office is created by the California Constitution is made a member of a state board, commission, or committee, or of the governing body of any state agency or authority, the officer may designate a deputy of his or her office holding a position specified in subdivision (c) of Section 4 of Article VII of the California Constitution to act as the member in the constitutional officer’s place and stead, to all intents and purposes as though the constitutional officer was personally present, including the right of the deputy to be counted in constituting a quorum, to participate in the proceedings of the board, commission, committee, or other governing body, and to vote upon any and all matters. The constitutional officer so designating a deputy shall be responsible for the acts of the deputy acting under the designation in the same manner and to the same extent that the constitutional officer is responsible for the acts of the deputy performing his or her official duties as a deputy of the office of the constitutional officer.

(b) The Lieutenant Governor may designate any person in his or her office holding a position specified in subdivision (c) or (f) of Section 4 of Article VII of the California Constitution to act as a deputy for the purposes of this section only. However, the Lieutenant Governor may not appoint a person to act as a deputy for him or her at meetings of the Senate, or of the Regents of the University of California, or of the Trustees of the California State University.

(c) The Chief Justice of the California Supreme Court may designate a judge or employee of a state court or an employee of the Administrative Office of the Courts to act as a deputy for the purposes of this section.

(d) The Attorney General may also designate any employee in his or her office to act as a deputy for the purpose of this section. However, no person designated by the Attorney General pursuant to this section to act as a member on any state board, commission, committee, or governing body of which the Attorney General is presiding officer shall act as presiding officer in his or her place.

(e) The Superintendent of Public Instruction may designate any person in his or her office holding a position specified in Section 2.1 of Article IX of the California Constitution to act as a deputy for the purposes of this section. However, the Superintendent of Public Instruction may not appoint a person to act as a deputy for him or her at meetings of the State Board of Education, of the Regents of the University of California, of the Trustees of the California State University, or of the Board of Governors of the California Community Colleges.

(f) Notwithstanding subdivisions (a) to (e), inclusive, not more than one officer subject to this section shall be represented by a deputy subject to this section at any meeting or session of the State Lands Commission.

SEC. 92.

Section 7.9 of the Government Code is amended to read:

7.9.

(a) Notwithstanding any provision of law to the contrary, the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction may designate any deputy of his or her office to act in his or her place and stead on any state board, commission, committee, or governing board of a state agency with respect to the exercise of statutory powers and duties of any of those bodies. The deputy, while sitting on a board, commission, committee, or governing board of a state agency may exercise the same powers that the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction may exercise as if he or she were personally present. The Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction so designating a deputy shall be responsible for the acts of the deputy acting under the designation in the same manner and to the same extent that the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction is responsible for the acts of the deputy performing his or her official duties as deputy to the Controller, the Treasurer, the Director of Finance, or the Superintendent of Public Instruction.

(b) At the request of the Controller or the Treasurer, two employees of each officer, who hold permanent civil service status and have been designated deputies under this section, shall be classified and compensated as career executives at category level IV or category level V.

(c) The Superintendent of Public Instruction may not appoint a person pursuant to subdivision (a) to act as a deputy for him or her at meetings of the State Board of Education, the Regents of the University of California, the Board of Governors of the California Community Colleges, or the Trustees of the California State University.

SEC. 93.

Section 8272 of the Government Code is amended to read:

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