New laws
Major education bills signed by Gov. Gavin Newsom
While many education bills were resolved in the Budget Act of 2021, key measures remained
Lawmakers returned to Sacramento in 2021 with an ambitious agenda of new legislation and budget proposals, and as the dust settles it’s clear that it has been an unorthodox legislative year. Fueled by an unexpected surge in revenues, the state budget and its implementing legislation took the lead on many of the year’s most high-profile education proposals, from the return to in-person instruction to universal transitional kindergarten. Despite this, as well as a rule implemented mid-session that sharply limited the number of proposals each legislator could move forward, a number of key education bills were signed into law.
A major disappointment for schools was Gov. Gavin Newsom’s approval of Assembly Bill 438. Authored by Assemblymember Eloise Gómez Reyes (D-San Bernardino), this new law will expand the March 15 certificated layoff deadline to include classified employees. CSBA took an Oppose position on the bill, and members raised their concerns about being forced to commit to labor costs without knowing their full budget with their representatives at Legislative Action Week in March. When the bill reached the Governor’s desk in September, nearly 450 local governance leaders wrote to the to warn him that doubling down on the March 15 deadline would increase instability for their schools and students. Despite these efforts, Gov. Newsom signed the bill on Oct. 8.
AB 824 (Bennett, D-Santa Barbara): Establishes a process for county boards of education and charter schools to appoint one or more high school pupils as student members of their governing bodies.
Among the most high-profile education bills approved by the Governor was AB 101 (Medina, D-Riverside), which will require local educational agencies serving grades 9-12 to offer at least a one-semester course in ethnic studies beginning in the 2024–25 school year and to add a semester-long ethnic studies course to the statewide graduation requirement, commencing with the 2029–30 school year. CSBA ultimately took a Support position after additional funding was provided to assist districts with the development and implementation of curriculum and professional development. After several years and multiple iterations of the bill, AB 101 was also signed into law on Oct. 8.
Other highlights among the new K-12 laws signed by the Governor include:
- AB 361 (Robert Rivas, D-Salinas): An urgency measure that continues the authority granted during the COVID-19 crisis and allow local agencies, including school boards, to meet remotely during a declared state of emergency. Signed into law on Sept. 16. CSBA position: Support
- AB 815 (Luz Rivas, D-San Fernando Valley): Authorizes the Commission on Teacher Credentialing to approve a clear credential program offered by an LEA for school nursing and requires the CTC to apply the standards for approval of a program of professional preparation offered by a postsecondary educational institution to a program of professional preparation offered by an LEA. Signed into law on Oct. 8. CSBA position: Support
- AB 824 (Bennett, D-Santa Barbara): Establishes a process for county boards of education and charter schools to appoint one or more high school pupils as student members of their governing bodies in response to a student petition. Signed into law on Oct. 8. CSBA position: Support
- Senate Bill 4 (Gonzalez, D-Long Beach)/AB 14 (Aguiar-Curry, D-Winters): Continues the ongoing collection of funds deposited into the California Advanced Services Fund to provide communities with grants to expand broadband access. Signed into law on Oct. 8. CSBA position: Support
- SB 14 (Portantino, D-La Cañada Flintridge): Requires mental or behavioral health-related absences to count as an excused absence for school attendance reporting and requires the California Department of Education to recommend best practices and identify evidence-based and evidence-informed training programs for schools to address youth behavioral health, including staff and student training, by Jan. 1, 2023. Signed into law on Oct. 8. CSBA position: Support If Amended
- SB 270 (Durazo, D-Los Angeles): Beginning July 1, 2022, will permit an exclusive labor representative to file an unfair labor practice with the Public Employment Relations Board if a public agency fails to provide employee contact information within 30 days of a request for that information, limit the public employer’s ability to cure the alleged violation, and permit a penalty of up to $10,000 and provides a right to attorney’s fees to the prevailing party. Signed into law on Sept. 27. CSBA position: Oppose
- SB 278 (Leyva, D-Chino): Requires public agencies, when CalPERS determines that compensation agreed to under a collective bargaining agreement is non-pensionable, to pay penalties in a lump sum and pay CalPERS the full cost of any overpayment of paid benefits made to the affected retired member, survivor or beneficiary resulting from the disallowed compensation. Signed into law on Sept. 27. CSBA position: Oppose
- SB 488 (Rubio, D-Baldwin Park): Effectively replaces the Reading Instruction Competence Assessment by July 1, 2025, by requiring the CTC to integrate updated reading assessments into the existing Teaching Performance Assessment. Signed into law on Oct. 8. CSBA position: Support
What’s next?
The Legislature will return for the second year of the 2021–22 legislative session in January. The new year will likely see the return of many of the education bills placed on hold during 2021, including proposals to place bonds for school facilities construction and modernization before the voters and follow up legislation to 2019’s “late start” law. Pandemic response will also continue to be a top priority, particularly on the implementation process for the state mandate that all California students be vaccinated against COVID-19. And with revenues continuing to run high, CSBA anticipates more ambitious action as the Governor and Legislature begin to contemplate their budget proposals for next year. As these and other proposals percolate, CSBA will continue to keep members informed of the most important developments.