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SB-1181 Elementary and secondary education: omnibus bill.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
SB1181:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1181


Introduced by Committee on Education (Senators Leyva (Chair), Chang, Durazo, Glazer, McGuire, Pan, and Wilk)

February 20, 2020


An act to amend Sections 1703, 12501, 33004, 33501, 35028, 35253, 41962, 42639, 44843, and 49180 of the Education Code, relating to elementary and secondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 1181, as introduced, Committee on Education. Elementary and secondary education: omnibus bill.
Existing law establishes a system of public elementary and secondary education in this state. Under that system, various persons have specified duties and powers relating to the operation of elementary and secondary schools, including, among others, the Superintendent of Public Instruction, county superintendents of schools, county auditors, and city, district, deputy, associate, or assistant superintendents of schools.
This bill would replace gendered terms with nongendered terms and make various other nonsubstantive changes to provisions related to those persons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1703 of the Education Code is amended to read:

1703.
 The county superintendent of schools may, with the approval of the county board of education and in accordance with regulations of the Superintendent of Public Instruction which he that the Superintendent is authorized to adopt, employ qualified personnel to provide for the coordination of courses of study, guidance services, health services, school library services, special education, and attendance activities among the school districts under his the county superintendent’s jurisdiction. The regulations of the Superintendent of Public Instruction adopted pursuant to this section shall be adopted with the advice of an advisory committee to include county superintendents of schools, which the Superintendent of Public Instruction is herewith authorized to may by this provision appoint.

SEC. 2.

 Section 12501 of the Education Code is amended to read:

12501.
 The “designated state official” for this state shall be the Superintendent of Public Instruction. He Superintendent. The Superintendent shall enter into contracts pursuant to Article III of the agreement only with the approval of the specific text thereof of the contract by the State Board of Education. state board.

SEC. 3.

 Section 33004 of the Education Code is amended to read:

33004.
 The Superintendent of Public Instruction shall be secretary and shall act as executive officer of the state board. He The Superintendent shall have charge of all its correspondence and shall keep a record of its proceedings.

SEC. 4.

 Section 33501 of the Education Code is amended to read:

33501.
 The following definitions shall apply to educational advisory bodies created by this chapter:
(a) An “educational policy advisory commission” is an advisory body to the State Board of Education state board composed of professional and lay members, as defined by this code. Such These groups are established to advise the State Board of Education state board within the general policy areas to which they are charged. The Superintendent of Public Instruction or his the Superintendent’s representative shall serve as executive secretary to each educational policy advisory commission.
(b) An “educational advisory committee” is an advisory body to the Superintendent of Public Instruction composed of any combination of educational specialists, technical experts, or specially qualified members of the public, or any combination thereof. Such committees are public that is established to advise the Superintendent of Public Instruction on the administration of programs with which he the Superintendent is charged, and such committees serve serves at his the Superintendent’s pleasure.

SEC. 5.

 Section 35028 of the Education Code is amended to read:

35028.
 No A person shall not be eligible to hold a position as city superintendent, district superintendent, deputy superintendent, associate superintendent, or assistant superintendent of schools unless he the person is the holder of both a valid school administration certificate and a valid teacher’s certificate, but any certificate, unless the person is employed as a deputy, associate, or assistant superintendent in a purely clerical capacity shall not be required to hold any certificate. capacity.

SEC. 6.

 Section 35253 of the Education Code is amended to read:

35253.
 Whenever the destruction of records of a school district is not otherwise authorized or provided for by law, the governing board of the district may destroy such those records of the school district in accordance with regulations of the Superintendent of Public Instruction which he is herewith authorized to adopt. that the Superintendent may by this provision adopt.

SEC. 7.

 Section 41962 of the Education Code is amended to read:

41962.
 School districts may apply for severance aid as provided in this article on forms provided by the Superintendent of Public Instruction, Superintendent, and in accordance with regulations which he that the Superintendent is authorized to adopt.

SEC. 8.

 Section 42639 of the Education Code is amended to read:

The

42639.
 (a) The county auditor may examine each order and requisition on school district funds transmitted to him the auditor by the county superintendent of schools. If he the auditor allows the order and requisition, he requisition, the auditor shall endorse thereon “examined and allowed,” and shall date, number, and sign it, whereupon it shall become a warrant on the county treasurer. The auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number which he that the auditor gives the warrant, and file it in his office. He the auditor’s office. The auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to his the payee’s order.

Any

(b) A requisition of the county superintendent of schools, whether based upon written order of the governing board of a school district or authorized by law, shall constitute full authority for the signature for allowance thereof of the requisition by the county auditor as a warrant on the county treasurer, and no other authority shall be necessary or required for such action by the county auditor.

“Requisition,”

(c) “Requisition,” as used in this section, includes any order or demand signed by the county superintendent of schools directing the county auditor to draw his the auditor’s warrant on the county treasurer.

SEC. 9.

 Section 44843 of the Education Code is amended to read:

44843.
 The county superintendent of schools shall be given immediate notice in writing by the governing board of the school district of the employment of persons for positions requiring certification qualifications. The notice shall include include, but not be limited to to, such data as may be prescribed by the Superintendent of Public Instruction, Superintendent, in regulations he is herewith authorized to adopt. that the Superintendent may by this provision adopt.

SEC. 10.

 Section 49180 of the Education Code is amended to read:

49180.
 If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent of Public Instruction determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, he minors, the Superintendent shall report the violation to the Labor Commissioner. Such Commissioner. The report shall be made within 48 hours, and shall be in writing, setting forth the fact that he the Superintendent has good cause to believe that such a statutory provision or rule or regulation is being violated by the person. Upon receipt of the report of violation, the Labor Commissioner Director of Industrial Relations shall make an inspection or investigation of the violation and shall take such action as is provided in Section 1287 of the Labor Code.