20250AB__018196CHP INTRODUCED 2025-01-08 AMENDED_SENATE 2026-06-26 PASSED_ASSEMBLY 2026-06-29 PASSED_SENATE 2026-06-29 ENROLLED 2026-06-29 CHAPTERED 2026-07-10 APPROVED 2026-07-10 FILED 2026-07-10 2025 AB CHP CHP 0 Introduced by Assembly Members Alvarez and Patel LEAD_AUTHOR ASSEMBLY Alvarez LEAD_AUTHOR ASSEMBLY Patel

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 of, to amend the heading of

Chapter 2 (commencing with

Section 33100) of Part of Division of Title of, to add Sections 98, 33101, 33110.5, 33302.5, and 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 of Division of Title of, to add the heading of

Chapter 2.5 (commencing with

Section 33110) to Part of Division of Title of, to add

Article 2 (commencing with

Section 33105) to

Chapter of Part of Division of Title of, to repeal Sections 8100, 33004, and 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 of Part of Division of Title of, to repeal

Article 3 (commencing with

Section 33140) of

Chapter of Part of Division of Title of, and to repeal and add Sections and of, the Education Code, and to amend Sections 7.6, 7.9, 8272, 8310.8, and of the Government Code, relating to education governance. education governance 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 members, including members who are appointed by the Governor to 4-year terms with the advice and consent of 2 of the Senate and a student member appointed by the Governor to a 1-year term with the advice and consent of 2 of the Senate.

This bill, commencing January 15, 2027, would expand the composition of the state board to instead be 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 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 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 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 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 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 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 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. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. In regard to Sections 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 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 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 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 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 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 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 of the Government Code.

SEC. 2.

Section 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 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 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 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 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 of the Education Code is repealed.

SEC. 7.

Section 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. (c) “Council” means the Healthy Start Support Services for Children Program Council. (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 to 6, inclusive, in which 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 to 12, inclusive, in which 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 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 of the Education Code is amended to read: 10864. (

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

C) The terms of the public members appointed pursuant to paragraph (13) of subdivision (

a) shall be for two years. (

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 of Part of Division of Title of the Government Code).

SEC. 9.

Section 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 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.

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 of Part of Division 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 of Part of Division 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 or by the Education Commissioner or the Superintendent.

SEC. 12.

Section 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.

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 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 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 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 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 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 of the Education Code is repealed.

SEC. 16.

Section of the Education Code is repealed.

SEC. 17.

Section 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 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 of Division of Title of the Education Code is amended to read: 2. Establishment of the Office of the Superintendent of Public Instruction

SEC. 19.

Section 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 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 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.

Article 2 (commencing with

Section 33105) is added to

Chapter of Part of Division of Title of the Education Code , to read: 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 of Part of Division of Title of the Education Code is repealed.

SEC. 23.

Section of the Education Code is repealed.

SEC. 24.

Section 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 of the Government Code.

(457) Section of the Government Code.

(458) Section of the Government Code.

(459) Section of the Government Code.

(460) Section 7579.1 of the Government Code.

(461) Section of the Government Code.

(462) Section of the Government Code.

(463) Section of the Government Code.

(464) Section of the Government Code.

(465) Section of the Government Code.

(466) Section 7930.200 of the Government Code.

(467) Section of the Government Code.

(468) Section of the Government Code.

(469) Section of the Government Code.

(470) Section of the Government Code.

(471) Section 19050.8 of the Government Code.

(472) Section of the Government Code.

(473) Section 53892.1 of the Government Code.

(474) Section of the Government Code.

(475) Section of the Government Code.

(476) Section of the Government Code.

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

(478) Section of the Health and Safety Code.

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

(480) Section of the Health and Safety Code.

(481) Section of the Health and Safety Code.

(482) Section of the Health and Safety Code.

(483) Section 3071.5 of the Labor Code.

(484) Section of the Labor Code.

(485) Section 3074.3 of the Labor Code.

(486) Section of the Labor Code.

(487) Section of the Military and Veterans Code.

(488) Section of the Military and Veterans Code.

(489) Section of the Military and Veterans Code.

(490) Section 490.5 of the Penal Code.

(491) Section 11174.3 of the Penal Code.

(492) Section of the Probate Code.

(493) Section of the Public Resources Code.

(494) Section 33204.2 of the Public Resources Code.

(495) Section of the Public Resources Code.

(496) Section of the Public Resources Code.

(497) Section of the Unemployment Insurance Code.

(498) Section of the Unemployment Insurance Code.

(499) Section of the Unemployment Insurance Code.

(500) Section of the Vehicle Code.

(501) Section of the Welfare and Institutions Code.

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

(503) Section of the Welfare and Institutions Code.

(504) Section of the Welfare and Institutions Code.

(505) Section of the Welfare and Institutions Code.

(506) Section of the Welfare and Institutions Code.

(507) Section of the Welfare and Institutions Code.

(508) Section of the Welfare and Institutions Code.

(509) Section 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 of Division of Title of the Education Code , to read: 2.5. Education Commissioner

SEC. 26. The heading of

Article 1 (commencing with

Section 33110) is added to

Chapter 2.5 of Part of Division of Title of the Education Code , to read: 1. Powers and Duties

SEC.

Section 33110.5 is added to the Education Code , immediately following

Section 33110 , to read: 33110.5. (

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 State Department of Education:

(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 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 of the Health and Safety Code.

(336) Section of the Health and Safety Code.

(337) Section of the Military and Veterans Code.

(338) Section of the Public Contract Code.

(339) Section of the Public Resources Code.

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

(341) Section of the Unemployment Insurance Code.

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

(343) Section of the Welfare and Institutions Code.

(344) Section 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. (

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 State Department of Education.

SEC. 28.

Section 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 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 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 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 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 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 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 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.

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 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 of Part of Division of the Welfare and Institutions Code. If a program is unable to provide at least 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 of Part of Division 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 of the Unemployment Insurance Code, and according to the priority order of eligible persons for these funds as provided in Sections and 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 of Part of Division 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.

Section 33117.7 of the Education Code is amended to read: 33117.7. The Education Commissioner shall use 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 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 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 days.

SEC. 39.

Section 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 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 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 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 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 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 of Division of this title, the California School for the Blind provided for in

Chapter 2 (commencing with

Section 59100) of Part of Division of this title, and the diagnostic schools for neurologically handicapped children provided for in

Chapter 3 (commencing with

Section 59200) of Part of Division 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 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. (

c) All provisions of the Insurance Code applicable to the purchase of such annuities are satisfied.

SEC.

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 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.

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 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.

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 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 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 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 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.

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. (

c) The poster shall incorporate the additional following elements:

(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 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.

Article 3 (commencing with

Section 33140) of

Chapter of Part of Division of Title of the Education Code is repealed.

SEC. 51. The heading of

Article 5 (commencing with

Section 33190) of

Chapter of Part of Division of Title 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 of Division of Title of the Education Code , to read: 2. Verification of Private School Instruction

SEC. 53.

Section 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 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 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 of Part of Division of Title 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 of Division of Title of the Education Code , to read: 3. Verification of Heritage School Operation

SEC. 57.

Section 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 of Title of Part 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.

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 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.

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 years and months of age and no older than 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. (

c) Offers education on the culture, traditions, or history of a country other than the United States. (

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 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.

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 of each year in which the registration form is filed.

SEC. 61.

Section 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 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.

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 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 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 of the Education Code is repealed.

SEC. 65.

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

a) Commencing January 1, 2027, the Governor may appoint a total of 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 of the Education Code is amended to read: 33305. Wherever in

Article 2 (commencing with

Section 11180),

Chapter 2,

Part 1, Division of Title 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.

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 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 of Title 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 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 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 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 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 in local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 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 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 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.

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 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 of the Government Code, the Education Commissioner, and the Superintendent complaints and resolutions or lack of resolutions of complaints made pursuant to

Section relating to antisemitism in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades to 12, inclusive.

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