Existing law, known as the Donahoe Higher Education Act, provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. This bill would prohibit any increase in the mandatory systemwide fees charged to a resident undergraduate student enrolled in the University of California or the California State University adopted on or after July 1, 2012, from being effective before 3 months have elapsed after the date on which the fee increase is adopted. The bill would also require the regents and the Trustees of the California State University to develop methodologies for the adjustment of fees in accordance with a prescribed procedure. The bill, commencing with the 2012–13 academic year, would require the Legislative Analyst's Office to annually review, and report to the Legislature, its findings, conclusions, or recommendations regarding the implementation of policies implemented pursuant to the bill. This bill would provide that its provisions would not apply to the University of California, except to the extent that the regents adopt a resolution making them applicable. The bill would request the regents to adopt policies that are consistent with this bill. These provisions would become operative on July 1, 2012.
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Existing law establishes the Runaway Youth and Families in Crises Project, and imposes certain administrative duties on the California Emergency Management Agency relating to the operation of that project. This bill would enact the California Runaway, Homeless, and Exploited Youth Act, and would require, subject to the availability of adequate resources, the California Emergency Management Agency to develop, in collaboration with the Senate Office of Research and various interested parties, a statewide plan for runaway, homeless, and exploited youth, as specified. The bill would make related findings and declarations.
(1) The Charter Schools Act of 1992 permits teachers and parents to petition the governing board of a school district to approve a charter school to operate independently from the existing school district structure as a method of accomplishing, among other things, improved pupil learning. Existing law exempts charter schools from the laws governing school districts except those of the Charter Schools Act, those establishing minimum age for public school attendance, specified building code regulations, and other specified laws. Existing law requires a charter school to comply with its charter. Existing law enumerates the acts for which a pupil may be suspended or expelled from school and sets forth procedures a school district is required to follow in suspending or expelling a pupil. This bill would require a charter school to comply with laws governing school districts relating to the suspension and expulsion of pupils thereby imposing 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 establishes the California Private Postsecondary Education Act of 2009, which, among other things, provides for student protections and regulatory oversight of private postsecondary schools in the state. Existing law establishes the Bureau for Private Postsecondary Education within the Department of Consumer Affairs to regulate private postsecondary institutions through the powers granted, and the duties imposed, by the act. Existing law establishes the California Postsecondary Education Commission as the statewide postsecondary education coordinating and planning agency and provides for its functions and responsibilities. This bill would abolish the Bureau for Private Postsecondary Education, and would transfer the bureau's powers and duties under the act to the California Postsecondary Education Commission. The bill would require the commission to adopt the regulations of the bureau and, by January 1, 2013, to revise the regulations in accordance with specified procedures. The bill would make various conforming changes to existing law.
Existing law requires the Corrections Standards Authority, and commencing July 1, 2012, the Board of State and Community Corrections, to establish minimum standards for state and local correctional facilities, including standards restricting the shackling of women in labor, during childbirth, and while in recovery after giving birth, and to review those standards biennially and make any appropriate revisions, as specified. This bill would require that the standards ensure that women who are pregnant not be shackled by the wrists, ankles, around the abdomen, or to another person, including during time spent outside a correctional facility, during transport to or from a correctional facility, during labor, delivery, and while in recovery after giving birth, except that the least restrictive restraints possible may be used when deemed necessary for the inmate, consistent with the legitimate security needs of the inmate, the staff, and the public, and the restraints would only remain in place as long as the threat exists. The bill would require the authority, and later the board, to develop these standards regarding the shackling of pregnant women as part of its biennial review of its standards. Under existing law, pregnant inmates of the Department of Corrections and Rehabilitation, wards of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and wards in the custody of a local juvenile facility, are to be transported in the least restrictive way possible when being taken to a hospital for purposes of childbirth. This bill would prohibit inmates and wards of these facilities who are known to be pregnant from being shackled by the wrists, ankles, around the abdomen, or to another person, unless deemed necessary for the safety and security of the inmate or ward, the staff, and the public. If restraints are deemed necessary, the bill would require the least restrictive means be used, consistent with the legitimate security needs of each inmate or ward, and the restraints would only remain in place as long as the threat exists. The bill would provide that these provisions are applicable to movement within the correctional facility, transport to and from the facility, time spent outside the facility to receive medical or dental care, to attend court, or other appointments.
(1) Existing law establishes the public school system in this state, and, among other things, provides for the establishment of school districts throughout the state and for their provision of instruction at the public elementary and secondary schools they operate and maintain. Existing law, the Interagency School Safety Demonstration Act of 1985, among other things, requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for schools operating kindergarten or any of grades 1 to 12, inclusive, and further requires the Department of Justice and the State Department of Education to contract with one or more professional trainers to coordinate statewide workshops for school districts, county offices of education, and schoolsite personnel to assist them in the development of school safety and crisis response plans. This bill, as of July 1, 2012, would encourage the inclusion of policies and procedures aimed at the prevention of bullying in comprehensive school safety plans. The bill also would require the Department of Justice and the State Department of Education to contract to provide training in the prevention of bullying, as defined in the bill. (2) Existing law requires each person between 6 and 18 years of age, inclusive, who is not otherwise exempt, to attend the public full-time day school in the school district in which his or her parent or guardian is a resident. Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the districts. Existing law requires the supervisor of attendance of the school district of residence to issue an individual permit verifying the district's approval, pursuant to policies of the governing board of the school district and terms of the agreement, for the transfer. Existing law establishes an appeal process for pupils whose permits are denied, or, in the absence of an agreement between the school districts, if the school districts fail or refuse to enter into an agreement. This bill, as of July 1, 2012, would require that a pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined, committed by a pupil of the school district of residence be given priority for interdistrict attendance under any existing interdistrict attendance agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement, at the request of the person having legal custody of the pupil. To the extent this provision would impose new or additional duties on school districts, it would constitute a state-mandated local program. (3) Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the school district superintendent or the school principal determines that the pupil has committed any of various specified acts, including, but not limited to, bullying, as defined to include sexual harassment, hate violence, or harassment, threats, or intimidation. This bill, as of July 1, 2012, would amend the definition of bullying in this provision by specifying that bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, as defined, including, but not limited to, sexual harassment, hate violence, or harassment, threats, or intimidation, that has the effect or can reasonably be predicted to have the effect of placing a reasonable pupil, as defined, in fear of harm to that pupil's or those pupils' person or property, causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health, causing a reasonable pupil to experience substantial interference with his or her academic performance, or causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school. (4) The bill would also make various technical and conforming changes. (5) 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.
The Mello-Granlund Older Californians Act creates the California Department of Aging, with prescribed duties, including the development of the state plan on aging. This bill would require, if specified conditions are met, the department to report data from the Elder Economic Security Standard Index (Elder Index) , as defined, for each service area included in the state plan and use the index as a reference when making decisions about allocating resources. The act also establishes area agencies on aging with specified duties, including creation of a plan for the agencies that considers available data and population trends, assesses the need for services, identifies sources of funding for services, and develops and implements a plan for the delivery of services based on the need. This bill would require, if specified conditions are met, that the plan utilize the Elder Index as a reference when making decisions about allocating resources to specify the costs of meeting basic needs for elders in each planning and service area.
Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. A willful violation of these provisions is a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies to provide benefits for specified conditions, including certain mental health conditions. This bill, effective July 1, 2012, would require those health care service plan contracts and health insurance policies, except as specified, to provide coverage for behavioral health treatment, as defined, for pervasive developmental disorder or autism. The bill would provide, however, that no benefits are required to be provided that exceed the essential health benefits that will be required under specified federal law. Because a violation of these provisions with respect to health care service plans would be a crime, the bill would impose a state-mandated local program. These provisions would be inoperative July 1, 2014, and repealed on January 1, 2015. The bill would require the Department of Managed Health Care, in conjunction with the Department of Insurance, to convene an Autism Advisory Task Force by February 1, 2012, to provide assistance to the department on topics related to behavioral health treatment and to develop recommendations relating to the education, training, and experience requirements to secure licensure from the state. The bill would require the department to submit a report of the Task Force to the Governor and specified members of the Legislature by December 31, 2012. Existing law establishes various communicable disease prevention and control programs. Existing law requires the State Department of Public Health to establish a list of reportable diseases and conditions and requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names and sets guidelines regarding these reports. Existing law requires the local health officers to report unduplicated HIV cases by name to the department. This bill would authorize the department to revise the HIV reporting form without the adoption of a regulation, as specified. Under the Bronzan-McCorquodale Act, the State Department of Mental Health administers the provision of funds to counties for community mental health services programs. Existing law also permits counties to receive, under certain circumstances, Medi-Cal reimbursement for mental health services. Under existing law, negotiated net amounts or rates are used as the cost of services in contracts between the state and the county and between the county and a subprovider of services. Existing law establishes the method for computing negotiated rates. Existing law prohibits the charges for the care and treatment of each patient receiving service from a county mental health program from exceeding the actual or negotiated cost of the services. This bill would only allow the use of negotiated net amounts as the cost of services in a contract between the state and a county and the county and a subprovider of services, and would eliminate the use of negotiated rates. The bill would also specify that the charges for the care and treatment of each patient receiving a service from a county mental health program shall not exceed the actual cost of the service. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which basic health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Under existing law, the State Department of Health Care Services promulgates regulations for determining reimbursement of Short-Doyle mental health services allowable under the Medi-Cal program. Existing law requires the State Department of Mental Health and the State Department of Health Care Services to jointly develop a ratesetting methodology for use in the Short-Doyle Medi-Cal system that maximizes federal funding and utilizes, as much as practicable, federal Medicare reimbursement principles. Existing law requires that this ratesetting methodology contain incentives relating to economy and efficiency. The bill would delete the requirement that the ratesetting methodology in the Short-Doyle Medi-Cal system include incentives relating to economy and efficiency. 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.
Existing law provides for the establishment and maintenance of subject matter projects by the Regents of the University of California with the approval of the Concurrence Committee. Existing law provides that these subject matter projects are to create opportunities for researchers, higher education faculty, and elementary and secondary school faculty to work together to identify exemplary teaching practices, examine and develop research on learning, knowledge, and educational materials, and provide support to teachers to develop and enhance content knowledge and pedagogical skills. Existing law requires the Concurrence Committee to provide a final report to the Governor and to appropriate policy and fiscal committees of the Legislature on or before January 1, 2011, including specified information relating to the subject matter projects. This bill would add 2 areas of emphasis for the subject matter projects. The first would provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high-priority industry sectors identified in the California Career Technical Education Model Curriculum Standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with specified entities, would determine the priority of industry sectors. The 2nd would provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content. The bill would enlarge the Concurrence Committee by adding a representative appointed by the Superintendent of Public Instruction, and make other changes. The bill would repeal the requirement of the January 1, 2011, report and, instead, require a report on or before January 1, 2016. This provision would be inoperative on January 1, 2018. This bill would add the goal of providing teachers with support in the implementation of career-oriented, integrated academic and technical courses that meet course requirements for admission to the University of California and the California State University, and align with high-priority industry sectors, as specified. Existing law authorizes 6 topical subject matter projects. This bill would add physical education, arts, and world language, as specified, as topical subject matter areas. Existing law establishes a project advisory board within each subject matter project. This bill would make various changes to the board structure, including decreasing representation of specified groups, and adding a representative selected by the advisory board who is from an industry sector that principally utilizes the discipline addressed by the project. Existing law requires the project advisory board of each statewide subject matter project to use specified criteria in recommending funding for local project sites. This bill would add a criterion for local project sites that serve middle or high school teachers and would require the project advisory board to give special consideration to sites that utilize or are preparing to utilize instructional strategies to deliver career-oriented, integrated academic and technical content. Existing law repeals the article relating to instructional strategies on January 1, 2013, unless a later enacted statute deletes or extends the date on which it becomes inoperative. This bill would extend that date until January 1, 2018. This bill, except for a specified provision, would become operative only if an appropriation is made in the annual Budget Act, or if federal funds are appropriated, or both, for the purposes of this bill.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law provides that in the case of active firefighting members of certain fire departments and in the case of certain peace officers, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter or peace officer demonstrates that he or she was exposed while in the service of the public agency to a known carcinogen, as defined. Existing law establishes a presumption that the cancer in these cases arose out of, and in the course of, employment, unless the presumption is controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. This bill would extend this presumption to active firefighting members of a fire department serving a National Aeronautics and Space Administration installation who adhere to specified training standards.