AB 2117: State Board of Education: Superintendent of Public Instruction: Education Commissioner.
The bill aims to revise the governance structure of the state's public education system. It would add the superintendent of public instruction to the state board of education, replacing one of the non-student positions. This would maintain the board's 11-member composition. The department of education would be administered by the governor-appointed education commissioner, who would be the executive officer of the department. The superintendent's duties related to the state board and department would be transferred to the education commissioner. The bill would also establish a new office, the office of the superintendent of public instruction, to house the superintendent and certain department employees. The board of governors of the community colleges would be expanded to include the superintendent as a voting member.
| Jun. 29, 2026 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May. 27, 2026 | Referred to Com. on ED. |
| May. 12, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May. 11, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 4. Page 5004.) |
| May. 11, 2026 | Read third time. Passed. Ordered to the Senate. |
| Amended IN Assembly April 28, 2026 |
| Amended IN Assembly March 18, 2026 |
| Introduced by Assembly |
February 18, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
For purposes of this act:SEC. 2.
Section 33000 of the Education Code is amended to read:33000.
There is in the state government a State Board of Education, consisting of 11 members, as follows:SEC. 3.
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.SEC. 4.
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:SEC. 5.
Section 33004 of the Education Code is amended to read:33004.
(a) The Superintendent shall be secretary and shall act as executive officer of the state board. The Superintendent shall have charge of all its correspondence and shall keep a record of its proceedings.SEC. 6.
Section 33005 of the Education Code is amended to read:33005.
(a) The board shall appoint an acting secretary, who shall also act as executive officer of the board in the absence of the Superintendent of Public Instruction from the state, or in case of his incapacity for duty.SEC. 7.
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.SEC. 8.
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. 9.
Section 33101 is added to the Education Code, to read:33101.
(a) There shall be an Office of the Superintendent of Public Instruction, which shall be made up of the Superintendent, the Superintendent’sSEC. 10.
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. 11.
Section 33103 is added to the Education Code, immediately following Section 33102, to read:33103.
(a) The Superintendent shall serve as an independent evaluator and cross-sector coordinator for public education, covering preschool through higher education. The duties of the Superintendent of Public Instruction include, but are not limited to, all of the following:SEC. 11.SEC. 12.
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.33108.
This article shall become operative on July 1, 2027.SEC. 12.SEC. 13.
SEC. 14.
Section 33110 of the Education Code is amended to read:33110.
(a) The Superintendent of Public Instruction may employ one Deputy Superintendent of Public Instruction and necessary clerical and expert assistants, and may fix the compensation of all statutory and other employees as provided by law, except as otherwise provided.SEC. 14.SEC. 15.
CHAPTER 2.5. Education Commissioner
SEC. 15.SEC. 16.
Article 1. Powers and Duties
SEC. 16.SEC. 17.
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. 17.SEC. 18.
33112.
The Education Commissioner shall do all of the following:SEC. 19.
Section 33112.1 is added to the Education Code, to read:33112.1.
(a) Once the Education Commissioner has been appointed after January 1, 2027, the Education Commissioner shall create a plan to transition the functions and operations of the department and other related activities from the Superintendent of Public Instruction to the Education Commissioner. In developing the transition plan, the Education Commissioner shall consult with relevant stakeholders. The transition plan shall include, but not be limited to, all of the following:SEC. 20.
Section 33112.2 is added to the Education Code, to read:33112.2.
The Superintendent of Public Instruction and the Education Commissioner are prohibited from holding positions of outside employment while serving in their respective roles.SEC. 18.SEC. 21.
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. 19.SEC. 22.
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. 20.SEC. 23.
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. 21.SEC. 24.
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. 22.SEC. 25.
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. 23.SEC. 26.
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.SEC. 24.SEC. 27.
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. 25.SEC. 28.
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. 26.SEC. 29.
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. 27.SEC. 30.
33120.
The Education Commissioner may conduct experimental work in education through various media, including radio and television.SEC. 28.SEC. 31.
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. 29.SEC. 32.
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. 30.SEC. 33.
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:SEC. 31.SEC. 34.
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.SEC. 32.SEC. 35.
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.SEC. 33.SEC. 36.
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. 34.SEC. 37.
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.SEC. 35.SEC. 38.
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.SEC. 36.SEC. 39.
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.SEC. 40.
Section 33144 is added to the Education Code, to read:33144.
This article shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.SEC. 38.SEC. 41.
SEC. 39.SEC. 42.
Article 2. Verification of Private School Instruction
SEC. 40.SEC. 43.
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:SEC. 41.SEC. 44.
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.SEC. 42.SEC. 45.
SEC. 43.SEC. 46.
Article 3. Verification of Heritage School Operation
SEC. 44.SEC. 47.
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:SEC. 45.SEC. 48.
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:SEC. 46.SEC. 49.
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:SEC. 47.SEC. 50.
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.SEC. 48.SEC. 51.
33301.
The Department of Education shall be administered through:SEC. 49.SEC. 52.
33302.
(a)SEC. 53.
Section 33303 of the Education Code is amended to read:33303.
(a) The Superintendent of Public Instruction is ex officio Director of Education.SEC. 51.SEC. 54.
33303.
(a) CommencingSEC. 52.SEC. 55.
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. 53.SEC. 56.
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.SEC. 57.
Section 33319.7 is added to the Education Code, immediately following Section 33319.6, to read:33319.7.
(a) The department shall respond to audit findings of the State Auditor with a corrective action plan. The department shall implement corrective action plans with fidelity.SEC. 58.
Section 33319.8 is added to the Education Code, immediately following Section 33319.7, to read:33319.8.
(a) The department shall respond to legislative requests for information, data, and technical assistance within 10 days.SEC. 59.
Section 33319.9 is added to the Education Code,immediately following Section 33319.8, to read:33319.9.
(a) The state board and department shall annually submit budget change proposals to the Legislature for proposed budget changes related to the Governor’s Budget.SEC. 60.
Section 33319.95 is added to the Education Code, immediately following Section 33319.9, to read:33319.95.
(a) Any philanthropic foundations of the department shall be dissolved no later than June 30, 2028.SEC. 54.SEC. 61.
71000.
There is in the state government a Board of Governors of the California Community Colleges, consisting of 19 voting members, as follows:SEC. 62.
Sections 7, 10, 13, 15 to 18, inclusive, 21 to 36, inclusive, 38, 39, 41 to 51, inclusive, 55, 56, and 61 of this act shall become operative on July 1, 2027.