AMENDED IN ASSEMBLY APRIL 28, 2026

AMENDED IN ASSEMBLY MARCH 18, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Members Alvarez and Patel

February 18, 2026

An act to amend Sections 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, and 71000 of, to amend the heading of Chapter 2 (commencing with Section 33100) of Part 20 of Division 2 of Title 2 of, to amend and repeal Sections 33004, 33005, and 33110 of, to amend, repeal, and add Section 33303 of, to add Section 33101 Sections 33101, 33103, 33112.1, 33112.2, 33144, 33319.7, 33319.8, 33319.9, and 33319.95 to, to add the headings of Article 1 (commencing with Section 33111), Article 2 (commencing with Section 33190), and Article 3 (commencing with Section 33195) to Chapter 2.5 of Part 20 of Division 2 of Title 2 of, to add the heading of Chapter 2.5 (commencing with Section 33111) to Part 20 of Division 2 of Title 2 of, to add Article 2 (commencing with Section 33105) to Chapter 2 of Part 20 of Division 2 of Title 2 of, to repeal Sections 33004, 33005, and 33110 of, to repeal the headings of Article 2 (commencing with Section 33110), Article 5 (commencing with Section 33190), and Article 6 (commencing with Section 33195) of Chapter 2 of Part 20 of Division 2 of Title 2 of, and to repeal Article 3 (commencing with Section 33140) of Chapter 2 of Part 20 of Division 2 of Title 2 of, and to repeal and add Section 33303 of, the Education Code, relating to education governance.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law establishes the State Board of Education to adopt policies, and to establish rules and regulations, not inconsistent with the laws of the state, to govern the public elementary and secondary schools of the state. Existing law provides that the state board consists of 11 members, including 10 members who are appointed by the Governor to 4-year terms with the advice and consent of ⅔ of the Senate and a student member appointed by the Governor to a one-year term with the advice and consent of ⅔ of the Senate.

This bill, commencing January 15, 2027, would add the Superintendent of Public Instruction to the state board by replacing one of the nonstudent positions that expires on January 15, 2027, with the Superintendent, thereby maintaining the state board’s 11-member composition. The bill also would, commencing January 15, 2027, replace 4 of the existing positions that are appointed by the Governor with the advice and consent of ⅔ of the Senate with 2 members who are appointed by the President pro Tempore of the Senate and 2 members who are appointed by the Speaker of the Assembly, as provided.

(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, and serve at the pleasure of, the Governor, Governor and confirmed by the Senate after January 1, 2027, (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 delay to July 1, 2027, the operative date of some of these provisions.

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

This bill bill, commencing July 1, 2027, would add the Superintendent to the board of governors as a 19th voting member.

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

SECTION 1.

For purposes of this act:

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 2.

Section 33000 of the Education Code is amended to read:

33000.

There is in the state government a State Board of Education, consisting of 11 members, as follows:

(a) (1) Until January 15, 2027, 10 members who are appointed by the Governor with the advice and consent of two-thirds of the Senate.

(2) Commencing January 15, 2027, nine members who are appointed by the Governor with the advice and consent of two-thirds of the Senate. members, appointed in the following manner:

(b) A student member pursuant to Section 33000.5.

(c) Commencing January 15, 2027, the Superintendent.

SEC. 3.

Section 33000.5 of the Education Code is amended to read:

33000.5.

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

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

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

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

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

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

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

SEC. 4.

Section 33001 of the Education Code is amended to read:

33001.

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

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. 5.

Section 33004 of the Education Code is amended to read:

33004.

(a) The Superintendent shall be secretary and shall act as executive officer of the state board. The Superintendent shall have charge of all its correspondence and shall keep a record of its proceedings.

SEC. 6.

Section 33005 of the Education Code is amended to read:

33005.

(a) The board shall appoint an acting secretary, who shall also act as executive officer of the board in the absence of the Superintendent of Public Instruction from the state, or in case of his incapacity for duty.

SEC. 7.

Section 33043 of the Education Code is amended to read:

33043.

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

(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 July 1, 2027.

(b) Deputies appointed pursuant to subdivision (a) on or before December 31, 2026, June 30, 2027, 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, June 30, 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. 8.

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

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

SEC. 9.

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

33101.

(a) There shall be an Office of the Superintendent of Public Instruction, which shall be made up of the Superintendent, the Superintendent’s deputy deputy, and three associate superintendents of public instruction appointed by the state board under Section 2.1 of Article IX of the California Constitution, one additional deputy and one employee selected by the Superintendent under Section 4 of Article VII of the California Constitution, and necessary clerical and expert assistants operating under the supervision and control of the Superintendent. The Superintendent may transfer up to five employees of the department who, on the effective date of this section, are serving in the state civil service, other than as temporary employees, to carry out necessary clerical duties and serve as expert assistants in the Office of the Superintendent of Public Instruction. The

(b) 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. 10.

Section 33102 of the Education Code is amended to read:

33102.

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

SEC. 11.

Section 33103 is added to the Education Code, immediately following Section 33102, to read:

SEC. 11.SEC. 12.

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

Article 2. Deputies and Associate Superintendents

33105.

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

33106.

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

33107.

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

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

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

(b) Deputies appointed pursuant to this section on or before December 31, 2026, June 30, 2027, shall be transferred to the department and shall report to the Education Commissioner established pursuant to Section 33302.

SEC. 12.SEC. 13.

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

SEC. 14.

Section 33110 of the Education Code is amended to read:

33110.

(a) The Superintendent of Public Instruction may employ one Deputy Superintendent of Public Instruction and necessary clerical and expert assistants, and may fix the compensation of all statutory and other employees as provided by law, except as otherwise provided.

SEC. 14.SEC. 15.

The heading of Chapter 2.5 (commencing with Section 33111) is added to Part 20 of Division 2 of Title 2 of the Education Code, to read:

Chapter 2.5. Education Commissioner

SEC. 15.SEC. 16.

The heading of Article 1 (commencing with Section 33111) is added to Chapter 2.5 of Part 20 of Division 2 of Title 2 of the Education Code, to read:

Article 1. Powers and Duties

SEC. 16.SEC. 17.

Section 33111 of the Education Code is amended to read:

33111.

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

SEC. 17.SEC. 18.

Section 33112 of the Education Code is amended to read:

33112.

The Education Commissioner shall do all of the following:

(a) Superintend the schools of this state.

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

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

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

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

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

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

SEC. 19.

Section 33112.1 is added to the Education Code, to read:

SEC. 20.

Section 33112.2 is added to the Education Code, to read:

SEC. 18.SEC. 21.

Section 33113 of the Education Code is amended to read:

33113.

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

SEC. 19.SEC. 22.

Section 33114 of the Education Code is amended to read:

33114.

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

SEC. 20.SEC. 23.

Section 33115 of the Education Code is amended to read:

33115.

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

SEC. 21.SEC. 24.

Section 33116 of the Education Code is amended to read:

33116.

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

SEC. 22.SEC. 25.

Section 33117 of the Education Code is amended to read:

33117.

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

SEC. 23.SEC. 26.

Section 33117.5 of the Education Code is amended to read:

33117.5.

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

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

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

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

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

SEC. 24.SEC. 27.

Section 33117.7 of the Education Code is amended to read:

33117.7.

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

SEC. 25.SEC. 28.

Section 33118 of the Education Code is amended to read:

33118.

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

SEC. 26.SEC. 29.

Section 33119 of the Education Code is amended to read:

33119.

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

SEC. 27.SEC. 30.

Section 33120 of the Education Code is amended to read:

33120.

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

SEC. 28.SEC. 31.

Section 33121 of the Education Code is amended to read:

33121.

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

SEC. 29.SEC. 32.

Section 33122 of the Education Code is amended to read:

33122.

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

SEC. 30.SEC. 33.

Section 33125 of the Education Code is amended to read:

33125.

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

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

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

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

SEC. 31.SEC. 34.

Section 33126.1 of the Education Code is amended to read:

33126.1.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 32.SEC. 35.

Section 33126.2 of the Education Code is amended to read:

33126.2.

(a) The Education Commissioner may recommend additional data elements for inclusion in the Academic Performance Index. Data elements may be incorporated in the Academic Performance Index only after those elements have been determined by the state board to be valid and reliable for the purpose of measuring school performance, and only if their inclusion would not be likely to result in a valid claim against the state for reimbursement pursuant to Section 6 of Article XIIIB 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. 33.SEC. 36.

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. 34.SEC. 37.

Section 33127 of the Education Code is amended to read:

33127.

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

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

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

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

(e) (1) Commencing January July 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. 35.SEC. 38.

Section 33133 of the Education Code is amended to read:

33133.

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

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

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

(2) Public meeting notice requirements.

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

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

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

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

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

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

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

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

SEC. 36.SEC. 39.

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 11 inches.

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

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

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

SEC. 40.

Section 33144 is added to the Education Code, to read:

SEC. 38.SEC. 41.

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

SEC. 39.SEC. 42.

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

Article 2. Verification of Private School Instruction

SEC. 40.SEC. 43.

Section 33190 of the Education Code is amended to read:

33190.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 41.SEC. 44.

Section 33191 of the Education Code is amended to read:

33191.

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

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

SEC. 42.SEC. 45.

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

SEC. 43.SEC. 46.

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

Article 3. Verification of Heritage School Operation

SEC. 44.SEC. 47.

Section 33195 of the Education Code is amended to read:

33195.

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

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

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

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

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

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

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

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

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

(7) The heritage school telephone number.

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

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

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

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

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

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

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

SEC. 45.SEC. 48.

Section 33195.1 of the Education Code is amended to read:

33195.1.

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

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

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

SEC. 46.SEC. 49.

Section 33195.4 of the Education Code is amended to read:

33195.4.

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

(a) Specifies regular hours of operation.

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

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

SEC. 47.SEC. 50.

Section 33195.5 of the Education Code is amended to read:

33195.5.

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

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

SEC. 48.SEC. 51.

Section 33301 of the Education Code is amended to read:

33301.

The Department of Education shall be administered through:

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

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

SEC. 49.SEC. 52.

Section 33302 of the Education Code is amended to read:

33302.

(a) The (1) Commencing July 1, 2027, the Department of Education shall be conducted under the control of an executive officer known as the Education Commissioner, whom shall be appointed by the Governor, and shall hold office at the pleasure of the Governor. Governor and confirmed by the Senate after January 1, 2027.The commissioner shall be exempt from civil service consistent with subdivision (f) of Section 4 of Article VII of the California Constitution.

(b) The Commencing July 1, 2027, 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) Commencing January July 1, 2027, 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 that date.

(d) Commencing January July 1, 2027, the deputies appointed pursuant to Section 33043 and the deputies and associate superintendents appointed pursuant to Section 33143, as those sections read on June 30, 2026, shall report to the Education Commissioner established pursuant to this section until such time that the positions are reappointed pursuant to Section 33303.

SEC. 53.

Section 33303 of the Education Code is amended to read:

33303.

(a) The Superintendent of Public Instruction is ex officio Director of Education.

SEC. 51.SEC. 54.

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

33303.

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

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

SEC. 52.SEC. 55.

Section 33305 of the Education Code is amended to read:

33305.

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

SEC. 53.SEC. 56.

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. 57.

Section 33319.7 is added to the Education Code, immediately following Section 33319.6, to read:

SEC. 58.

Section 33319.8 is added to the Education Code, immediately following Section 33319.7, to read:

SEC. 59.

Section 33319.9 is added to the Education Code,immediately following Section 33319.8, to read:

SEC. 60.

Section 33319.95 is added to the Education Code, immediately following Section 33319.9, to read:

SEC. 54.SEC. 61.

Section 71000 of the Education Code is amended to read:

71000.

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

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

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

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

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

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

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

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

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

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

SEC. 62.

Sections 7, 10, 13, 15 to 18, inclusive, 21 to 36, inclusive, 38, 39, 41 to 51, inclusive, 55, 56, and 61 of this act shall become operative on July 1, 2027.