The Lanterman Developmental Disabilities Services Act authorizes the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities. That law authorizes the department to enter into 5-year contracts with regional centers, subject to an annual appropriation of funds by the Legislature. The act requires the contracts to specify that each regional center include annual performance objectives that will meet certain standards and allows the department to specify additional areas of support that require development or enhancement. The act requires corrective action if a regional center fails to meet the performance standards. This bill would authorize the department to specify additional areas of support requiring development or enhancement, as specified. This bill would require the department to develop processes and procedures, as specified, to address issues of retaliation against regional center employees and vendors and would require those processes and procedures to be included in the regional center standard agreement contracts. This bill would require a regional center to report annually to the department the total number of complaints it has received within a fiscal year and would require the department to report the information to the Legislature, as specified. The bill would require the department, in addition to all other audits and reviews, to conduct a review of each regional center's compliance with the procedures for developing individual program plans, as specified, and to utilize the results of the review to develop annual performance objectives. The bill would also, beginning July 1, 2013, require each regional center to post on its Internet Web site a directory of vendorized service providers, and negotiated rates, if applicable, and to update that list annually. The act provides that the regional centers purchase needed services for individuals with developmental disabilities through approved service providers that are identified through a process of vendorization. The act requires services and supports of comparable quality that are offered at different costs by different providers to be assessed and the lower cost provider used unless specified determinations are made. This bill would require the determination of comparability to be made by the program planning team and to include specified criteria.
Sponsored bills
The California Constitution requires the Legislature to divide the state into districts, each containing a court of appeal with one or more divisions. Under existing statutory law, the state is divided into 6 court of appeal districts. The 4th Appellate District consists of the Counties of Inyo, San Bernardino, Riverside, Orange, San Diego, and Imperial, which consists of 3 divisions. One division consists of 10 judges and holds its regular session in San Diego, a 2nd division consists of 7 judges and holds its regular sessions in the San Bernardino/Riverside area, and a 3rd division consists of 8 judges and holds its regular sessions in Orange County. This bill would reorganize the court of appeal districts into 7 districts by removing the Counties of San Bernardino, Inyo, and Riverside from the 4th Appellate District and creating a 7th Appellate District consisting of those districts. The 7th Appellate District would consist of one division of 7 judges and would hold its regular sessions in the San Bernardino/Riverside area, and the 4th Appellate District would thereafter consist of 2 divisions that would hold regular sessions in the Counties of San Diego and Orange. Existing law provides that upon the creation of a new court of appeal district or division, the Governor shall appoint judges to serve on that court, and specifies the procedures to be followed for the election of the judges. This bill would specify that those provisions would not apply to the creation of the 7th Appellate District, and that the existing justices of the division of the 4th Appellate District that would be reorganized as the 7th Appellate District would serve as the judges of the new district. The bill would specify that the terms of office of those judges would not be affected by the reorganization, and would also specify that no action by the Commission on Judicial Appointments would be necessary. The bill would specify that the judge serving as the currently presiding judge in the division of the 4th Appellate District that would create the new court of appeal district would serve as the administrative presiding judge of the new district.
This measure would designate Monday, May 2, 2011, as California Peace Officers' Memorial Day and would urge all Californians to use that day to honor California peace officers.
(1) The California Constitution requires the Legislature to convene in regular biennial session at noon on the first Monday in December of each even-numbered year to consider legislation and the Budget Bill. This measure would require the Legislature to convene in regular biennial session, but would require, commencing on December 3, 2012, that the sessions held in odd-numbered years be budget sessions, and that sessions held in even-numbered years be general sessions. The measure would require the Legislature, in a budget session, to adopt a Budget Bill, as defined, for the 2 subsequent fiscal years. The measure would require the Legislature, during a budget session, to meet only to conduct oversight and review of the revenues and expenditures of the state and to consider Budget Bills, budget implementation bills, as defined, and related revenue bills, except that the Legislature could consider urgency measures. (2) The California Constitution authorizes each house of the Legislature to provide for the selection of committees necessary for the conduct of its business, including committees to ascertain facts and make recommendations to the Legislature on a subject within the scope of legislative control. This measure would require, during a budget session, that each standing policy committee of the Senate and Assembly function as a budget subcommittee, making recommendations relative to the Budget Bill as to matters within the subject area of that committee. The measure would, after each Budget Bill has been passed, require each standing policy committee to meet for purposes of oversight and review of programs within the subject area of the committee.
This measure would state the intent of both houses of the Legislature to begin each of their respective floor sessions, following the opening prayer and the pledge of allegiance to the flag, with a recitation of an excerpt from the United States Constitution, and to begin their respective floor sessions held nearest in time to the 4th of July of each year with a recitation of the full text of the Declaration of Independence.
The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. The act requires the Dental Board of California to establish and administer a diversion program for the rehabilitation of licensees whose competency is impaired due to the abuse of drugs or alcohol, and imposes certain duties on diversion evaluation committees and the program manager related to accepting or denying licensees into, or terminating licensees from, the program, reviewing and designating treatment facilities, reviewing licensee participation, and performing other related duties. Existing law requires the board to close any investigation of a licensee whose investigation is based primarily on the self-administration or possession of certain controlled substances or drugs if the licensee enters and successfully completes a diversion program, and requires the reopening of the investigation upon withdrawal or termination from the program. Existing law requires that all participating licensees sign an agreement of understanding that withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines that the licensee is a threat to the public's health and safety shall result in the use of the licensee's diversion treatment records in a disciplinary or criminal proceeding. Existing law authorizes the program manager to request execution of a similar statement of understanding that alleged violations of the act by a licensee entering a diversion program may still be investigated. Existing law authorizes a diversion evaluation committee to convene public meetings in closed sessions if considering reports pertaining to licensees requesting or participating in a diversion program and only to the extent necessary to protect the privacy of a licensee. Existing law requires a licensee who requests participation in a diversion program to agree to cooperate with the treatment program designed by the committee and to bear all costs of the program, unless the cost is waived by the board. This bill would declare the intent of the Legislature that the diversion program established by the Dental Board of California be implemented as both a rehabilitative and monitoring program for licensees whose participation is a component of a probationary or disciplinary action. The bill would delete the requirement that the board close investigations of licensees who self-administer or possess controlled substances or drugs and who enter and successfully complete a diversion program, and instead authorize the board to determine when to close or reopen investigations of those licensees, as specified. The bill would require a diversion evaluation committee to report to the board's enforcement program any licensee who is denied admission into, or terminated from, the diversion program, and who is deemed by the committee to present a threat to the public or his or her own health and safety. The bill would authorize the use of that licensee's diversion records in any disciplinary or criminal proceeding, and would delete the provisions that require or authorize the execution of a statement of understanding. The bill would authorize the diversion evaluation committee to report to the board's enforcement program certain licensees engaging in acts of substantial noncompliance, as determined by the diversion evaluation committee with the concurrence of the program manager, as defined, and would authorize the use of those licensees' records for purposes of discipline, as specified. The bill would also expand the committee's authority to convene a closed session meeting as applied to matters relating to a licensee requesting or participating in a diversion program, and would require a waiver of licensee confidentiality under certain circumstances, including upon filing by the licensee of a lawsuit against the board relating to the diversion program. The bill would also make other nonsubstantive, technical changes to related provisions.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or a health insurer offering individual plan contracts or individual health insurance policies to fairly and affirmatively offer, market, and sell certain individual contracts and policies to all federally eligible defined individuals, as defined, in each service area in which the plan or insurer provides or arranges for the provision of health care services. For those contracts and policies that offer services through a preferred provider arrangement, existing law requires that the premium not exceed the average premium paid by a similar subscriber of the Major Risk Medical Insurance Program (MRMIP) , as specified. This bill would define the "average premium paid" for purposes of this provision as an amount calculated on an annual basis by the Managed Risk Medical Insurance Board using a weighted average based on each plan's or insurer's enrollment in MRMIP, as specified. The bill would require plans and insurers to include a statement regarding those maximum premium rates in certain solicitation and sales materials. Existing law requires plans and insurers to file a specified notice with the Department of Managed Health Care or the Department of Insurance prior to renewing or amending a contract or policy issued to a federally eligible defined individual and prior to changing the premium rates applicable to that contract or policy. Existing law requires the notice or amendment to include a certification of compliance with specified premium requirements. This bill would specify that this certification binds the plan or insurer to the representation of compliance and subjects the plan or insurer to all remedies available to the Director of the Department of Managed Health Care or the Insurance Commissioner, as specified. Because a willful violation of the bill's requirements with respect to health care service plans would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prescribes the course of study a pupil is required to complete while in grades 9 to 12, inclusive, in order to receive a diploma of graduation. Existing law authorizes the governing board of a school district to adopt rules specifying additional coursework requirements. Existing law requires each school district maintaining any of grades 7 to 12, inclusive, to offer to all otherwise qualified pupils in those grades a course of study that provides an opportunity for those pupils to attain entry-level employment skills in business or industry upon graduation from high school. This bill would prohibit a school district from adopting a graduation requirement that commences with the 2010–11 school year and requires the completion of additional coursework to meet or exceed the requirements and prerequisites for admission to a 4-year California public university unless the district also requires the completion of a sequence of at least 3 career and technical education courses. However, this provision would not apply to a school district that, by June 30, 2009, has adopted graduation requirements that require the completion of all minimum coursework necessary to meet the requirements and prerequisites for admission to a 4-year California public university. The bill also would make conforming and clarifying changes.
(1) Existing law provides that, after a certificated employee of a school district or a county superintendent of schools with an average daily attendance of 250 or more completes 2 consecutive years of employment and is reelected for the next succeeding school year to a position requiring certification, the employee becomes and is classified as a permanent employee of the school district or county superintendent. Existing law additionally requires the governing board of a school district or county superintendent to notify the employee on or before March 15 of the employee's 2nd year of probation of the decision of the governing board or school district to reelect or not reelect the employee for the next succeeding school year to the position. This bill would instead require the governing board and county superintendent of schools to notify the employee of its decision to reelect or not reelect the employee on or after May 1 but no later than 30 days before the last schoolday scheduled on the school calendar of the employee's 2nd year of probation. (2) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state, including schools conducted or maintained by county superintendents of education. Existing law requires the evaluation and assessment system to involve the development and adoption of objective guidelines that may be uniform throughout the district or, for compelling reasons, be individually developed for territories or schools within the district. This bill would make this provision inoperative on July 1, 2012, and repeal it as of January 1, 2013. The bill would reenact the requirement that the governing board establish a uniform system of evaluation and assessment and require it to be a rigorous, transparent, and fair multiple measures evaluation system for both teachers and principals. By requiring the evaluation and assessment system to conform to specified multiple measure requirements, the bill would impose a state-mandated local program. The bill would subject the requirement to develop and implement the evaluation system to specified annual audits commencing with the 2012–13 fiscal year and would require the Superintendent of Public Instruction to institute fiscal penalties, as specified, for noncompliance. (3) Existing law prohibits the evaluation and assessment of certificated employee performance from including the use of publishers' norms established by standardized tests. The bill would delete this prohibition. (4) Existing law establishes certain procedures with which the governing board of a school district is required to comply before dismissing or suspending a permanent employee, including, at the employee's option, a hearing. Existing law establishes a Commission on Professional Competence for each hearing, consisting of specified members. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board. Existing law prohibits a notice of dismissal or suspension initiated pursuant to these provisions from being given between May 15 and September 15, inclusive, in any year. This bill would delete that prohibition. The bill would make various changes to the provisions relating to the hearing, including authorizing the commission on professional competence to consist solely of an administrative law judge, as well as providing that the decision of the commission would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board. The bill would provide that an employee requesting a hearing would be placed on administrative leave without pay, unless the employee furnishes to the school district acceptable security, as specified, in which case the employee would be continued to be paid his or her regular salary. (5) Existing law authorizes the decision of a Commission on Professional Competence to be reviewed by a court of competent jurisdiction on petition of either the governing board or the employee. This bill would instead authorize the decision to be reviewed on petition of the employee. (6) Existing law requires, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given by the governing board to the employee, in a prescribed manner, before May 15. Existing law requires the superintendent of the district, prior to March 15 and before an employee is given the described notice, to give written notice to the governing board and the employee that it has been recommended that the notice be given to the employee, and stating the reasons therefor. Existing law authorizes an employee who is given this notice to request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. This bill would eliminate this notice requirement and the authority of an employee to request a hearing. (7) Existing law provides that when employees are terminated pursuant to a reduction in workforce, that a school district is required to terminate the employees in order of seniority. Existing law provides certain exceptions to this rule. This bill would provide additional exceptions, including authorizing school districts to terminate employees on the basis of performance evaluations, as specified, and on the basis that the employee is assigned to a schoolsite that has been selected by the governing board for exemption from certificated reductions in force, based upon the needs of the educational program. (8) Existing law generally requires school districts to adhere to certain requirements with respect to teacher and administrator employment. Existing law requires a charter school petition to set forth specified information in its charter relating to employment, including the qualifications to be met by individuals to be employed at the school. This bill would authorize school districts, county offices of education, and charter schools to assign, reassign, and transfer teachers and administrators based on effectiveness and subject matter needs, and without regard to years of service. (9) Existing law provides certain rights for permanent school employees who have been terminated pursuant to specified provisions of law, including the right to be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty, as specified, and generally requires terminations and reappointments to be made in order of seniority, as specified. Existing law also authorizes a school district to deviate from the order of seniority in certain circumstances. This bill would expand the list of circumstances under which a school district is authorized to deviate from terminating or reappointing a certificated employee in order of seniority. The bill would revise the compensation requirements for employees who serve as substitute teachers in a position requiring certification qualifications for 21 days or more within a period of 60 schooldays by requiring a school district to compensate the employee at a rate no less than the amount the employee would have received if he or she were being reappointed beginning on the 22nd day during that 60-day period instead of the first day of that service. The bill would prohibit a school district from taking into consideration whether an employee has exercised specified rights to meet and negotiate when deviating from the order of seniority. The bill would make the bill's provisions applicable to county superintendent of schools, and would delete obsolete provisions relating to employees who were on probation prior to 1984. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (11) This bill would declare that it is to take effect immediately as an urgency statute.
This measure would designate that January 18, 2010, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.