The California Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state. A retailer owning more than one retail location must obtain a separate license for each retail location. This bill would specify that a new license may not be issued to a retailer for a retail location that is located within 600 feet of a school, except as specified, and would limit the issuance of licenses to retailers for a traditional retail location, as defined. This bill would require the Department of Alcoholic Beverage Control and the State Department of Public Health to provide specified information to the board upon request.
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Existing law requires that the performance of a certificated employee shall be evaluated and assessed on a periodic basis as it reasonably relates to the progress of pupils toward standards, the instructional techniques and strategies used by the employee, the employee's adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, as specified. This bill would permit the governing board of any school district maintaining any of grades 9 to 12, inclusive, to establish a committee of high school pupils and teachers to develop and monitor a process by which pupils provide feedback to teachers in that district. The bill would require the committees to develop and administer a pupil survey that solicits comprehensive data on different aspects of a class and the effectiveness of the teacher in teaching the class, and allows for data to be compared among all of a teacher's classes. The bill would also provide that data derived from pupil surveys with respect to any individual teacher shall be confidential and released only to that teacher and that no administrator or any other school or district official shall view any completed pupil survey of, or data derived from pupil surveys pertaining to any individual teacher without the express written consent of that teacher. The bill would also prohibit the pupil surveys to be included in, or used to influence, the existing teacher evaluation process, if any, in any school district that adopts this pupil feedback process. The bill would also require the State Department of Education, in consultation with the California Association of Student Councils, to develop model guidelines for the teacher evaluation process for voluntary adoption by local school districts and to post them on their Internet Web site on or before January 1, 2011.
The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax on every distributor of cigarettes and tobacco products at specified rates, including additional taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Families and Children Act of 1998 (Proposition 10) . A provision of that law imposes a tax upon the distribution of tobacco products at a tax rate which is equivalent to the combined rate of all taxes imposed on cigarettes, which is deposited in specified accounts. This bill would, commencing on or after the first day of the first calendar quarter commencing more than 90 days on or after the effective date of the bill, impose an additional tax on the distribution of cigarettes at the rate of ($0.075) or 75 mills for each cigarette distributed, and would require a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date, as specified. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. The bill would provide that the revenues collected from the additional tax would be allocated, upon appropriation by the Legislature, for certain purposes. The bill would require funds to be transferred from the fund to the California Children and Families First Trust Fund, which is a continuously appropriated fund, the Hospital Services Account, the Physician Services Account, the Unallocated Account of the Cigarette and Tobacco Products Surtax Fund, the Public Resources Account, and the Breast Cancer Fund, as necessary to offset revenue decreases to those accounts directly resulting from imposition of additional taxes by these provisions. Because this bill would require funds to be transferred to a continuously appropriated fund, it would make an appropriation. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it 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 take effect immediately as a tax levy.
Existing law defines an "English learner" as a child who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English. This bill would state the intent of the Legislature to enact legislation relating to English learners.
(1) Existing law, the Equity in Higher Education Act, provides that it is the policy of the state to afford all persons, regardless of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or other specified bases, equal rights and opportunities in the postsecondary institutions of the state. The act requires a postsecondary educational institution, as defined, prior to the receipt of any state financial assistance or state student financial aid, to provide assurance to the agency administering the funds that each program or activity conducted by the institution will be conducted in compliance with the act and all other applicable provisions of state law prohibiting discrimination on the basis of sex. The act permits a postsecondary educational institution to provide a single assurance, not more than one page in length and signed by an appropriate responsible official of the institution, for all programs and activities conducted by the institution. This bill would additionally require a postsecondary educational institution to provide assurance that each program and activity conducted by the institution will be conducted in compliance with applicable provisions of federal law prohibiting discrimination on the basis of sex. The bill would require the assurance provided by the postsecondary educational institution to be signed by specified officers of the institution, would require the assurance to apply to all programs and activities, including, but not limited to, academic and athletic programs, and would delete the one-page limit on the assurance. The bill would require that assurance to include specified information regarding compliance with the act. The bill would require that information to be available for public inspection, upon request. The bill would provide for a civil penalty for a false declaration of specified matters required by these provisions. The bill would authorize any person to bring a civil action in the public interest to recover the civil penalty. The bill would require 50% of a civil penalty collected pursuant to these provisions to be deposited in the General Fund and 50% of the penalty to be paid to the person who brought the civil action. Because this bill would impose new requirements on community college districts under the act, it would constitute a state-mandated local program. (2) 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.
Existing law authorizes the governing board of a school district maintaining secondary schools, with the approval of the State Department of Education, to establish and maintain classes for adults, except programs and classes in outdoor science education and conservation education, for the purpose of providing instruction in civic, vocational, literacy, health, homemaking, technical, and general education. This bill would state the intent of the Legislature to enact legislation that would pertain to adult education.
Existing law authorizes the county superintendent of schools of each county, with the consent of the State Board of Education, to establish and maintain at least one regional occupational center or program (ROC/P) in the county to provide education in career technical education courses. Existing law states the intent of the Legislature that ROC/Ps provide career technical and occupational instruction related to the attainment of skills so that trainees are prepared for gainful employment in the area for which training was provided, or are upgraded so that they have the higher level skills required because of new and changing technologies or so that they are prepared for enrollment in more advanced training programs. This bill would enact the California Apprenticeship Preparation Program Act of 2009. The bill would authorize an ROC/P, upon approval and certification by the Superintendent of Public Instruction, to offer a California Apprenticeship Preparation Program. The Superintendent would be required to approve and certify an ROC/P as a California Apprenticeship Preparation Program if the ROC/P completes specified requirements, including, but not limited to, entering into at least one memorandum of understanding with a local Division of Apprenticeship Standards certified building and trades construction apprenticeship program, including state-approved joint labor-management and unilateral nonunion apprenticeship programs, for the provision of occupational and academic support that includes specified criteria. The bill would require the State Department of Education, in collaboration with representatives from building trades and construction apprenticeship training organizations, ROC/P faculty members, and ROC/P curriculum coordinators, to develop curriculum covering all aspects of the building trades and construction industry.
Existing law authorizes the governing board of a school district to establish programs for gifted and talented pupils and requires an applicant school district to submit an application for approval for a proposed program to the State Board of Education. The state board is required to review the criteria for program approval at least once every 4 years. The review is required to address, among other program elements, the identification of gifted and talented pupils. This bill would require the Commission on Teacher Credentialing to review its criteria for the approval of teacher and administrator preparation programs to include training on the identification and appropriate instruction of gifted and talented pupils. The bill would require the State Department of Education to ensure that each staff person providing or receiving services through the pupil retention block grant program, the professional development block grant, the beginning teacher support and assessment system, the administrator training program, the high priority schools grant program, and the mathematics and reading professional development program be provided training to allow and encourage the identification of gifted and talented pupils from traditionally underrepresented populations.
Existing law establishes the Charter School Facility Grant Program to provide assistance with facility rent and lease costs for pupils in charter schools and states the intent of the Legislature that not less than $18,000,000 annually be appropriated for purposes of the program. Eligibility for a grant is based on the percentage of pupils who are eligible for free and reduced price meals and are enrolled in the charter school or reside in the attendance area of, or are enrolled in, the public elementary school where the charter school is physically located. Funds appropriated for purposes of the program are prohibited from being apportioned for units of average daily attendance generated through nonclassroom based instruction, as defined, or for a school that does not comply with conditions or limitations set forth in regulations adopted by the state board. Existing law, commencing with the 2008–09 fiscal year, phases out the Year-Round School Grant Program over a 4-year period by reducing grant amounts by 20% each fiscal year and requires that the Budget Acts for each fiscal year of the phaseout period appropriate to the State Department of Education for the Charter School Facility Grant Program an amount equal to the amount appropriated for the 2007–08 fiscal year, plus the amount equal to the reduction in funding for the Year-Round School Grant Program. This bill would require eligibility for this grant program to be expanded if funds remain after charter schools that meet the existing free and reduced price meals threshold are funded. The bill also would allow eligibility to be expanded for units of average daily attendance generated through nonclassroom-based instruction notwithstanding the prohibition against apportionments under the Charter School Grant Program for those units of average daily attendance. The bill would specify deadlines by which grant funding would be required to be allocated to charter schools.
(1) Existing law requires each person between the ages of 6 and 18 years not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district in which his or her parent or guardian is a resident. Existing law authorizes the governing board of a school district to adopt a resolution to become a school district of choice, as defined, and accept interdistrict pupil transfers. This bill would enact the Open Enrollment Act to enable pupils residing in the state to attend public schools in school districts other than their school district of residence, as defined. The bill would authorize the parent or guardian of a pupil enrolled in a low-performing school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined. The bill would authorize a school district of enrollment to adopt specific, written standards for acceptance and rejection of applications for enrollment, subject to specified conditions and a specified priority scheme for applicants. Within 60 days of receiving an application for enrollment, the bill would require a school district of enrollment to notify the applicant parent or guardian and the resident school district in writing whether the application has been accepted or rejected and state in the notification the reasons for the rejection. The bill would require that the average daily attendance for pupils enrolled in a school district of enrollment, pursuant to the bill, be credited to the school district of enrollment pursuant to a specified statute. The bill would require the State Board of Education to adopt regulations to implement these provisions. The bill would make these provisions operative on July 1, 2010, make them inoperative on July 1, 2020, and repeal them on January 1, 2021. By requiring school districts to enroll nonresident pupils and perform other new duties, this bill would impose a state-mandated local program. (2) 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.