By 2:37 PM on September 30, 2004 Governor Arnold Schwarzenegger completed his approval and veto of hundreds of bills, many of them having an impact on people with disabilities and their families.  This page contains the results of the bills tracked by The Arc of California and our Governmental Affairs Committee and is organized by subject areas.    Print Version
 
Subject Areas:
Children & Family Services
No Veto       Chaptered
Criminal Justice
Vetoed       Chaptered
General Systemic
Vetoed       Chaptered
Health and Medical
78% of the votes in the legislature were favorable to our positions taken.

The Arc of CA initially tracked 56 bills.

We took positions on 19 bills

We provided testimony, and grassroots advocacy for AB 649 (Wiggins), AB 2100 (Steinberg), SB 1365 (Chesbro), AB 20 (Lieber), SB 142 (Alpert).

The following agreed with over 73% of our positions: Lois Wolk, Gene Mullin, John Dutra, Mark Leno, Sally Lieber, John Longville, Jackie Goldberg, Juan Vargas, Mervyn Dymally, George Nakano, Joe Nation, Gloria Negrete Mcleod, Ellen Corbett,

 

 

Vetoed       Chaptered
Housing
No Veto       Chaptered
IHSS
Vetoed       None Chaptered
Education
Vetoed       Chaptered
Mental Health
No Veto       Chaptered
 
 
 
 
 
Children & Family Services
AB 379 (Mullin) Family child care home education networks. (C-09/29/2004  html  pdf)
  Status: 09/29/2004-Chaptered by the Secretary of State, Chapter Number 897  The Arc CA Position:  Support
  Current Location: 09/29/2004-A CHAPTERED
  Summary:
  Existing law requires the Superintendent of Public Instruction to administer general child care and development programs consisting of programs that offer a full range of services for children from infancy to 14 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. This bill would require the Superintendent of Public Instruction to contract with entities organized under law to operate family child care home education networks that support educational objectives for children in licensed family child care homes that serve families eligible for subsidized child care. The bill would require the family child care home education network programs to provide specified services, including age and developmentally appropriate activities for children, parenting education, and parent involvement. This bill contains other related provisions and other existing laws.

 
AB 1393 (Kehoe) Child care: before and after school programs. (C-08/30/2004  html  pdf)
  Status: 08/30/2004-Chaptered by Secretary of State - Chapter No. 366, Statutes of 2004
  Current Location: 08/30/2004-A CHAPTERED
  Summary:
  Existing law establishes the Six-to-Six Before and After School Program for the purpose of creating locally administered and locally funded before and after school enrichment programs that partner schools and communities to provide academic and literacy support and safe, constructive alternatives for youth in kindergarten and grades 1 to 9, inclusive. Existing law repeals the program on January 1, 2005. This bill would extend the program for 4 years and repeal it on January 1, 2009.

 
AB 2909 (Salinas) Early intervention services. (C-09/10/2004  html  pdf)
  Status: 09/10/2004-Chaptered by Secretary of State - Chapter No. 456, Statutes of 2004
  Current Location: 09/10/2004-A CHAPTERED
  Summary:
  Existing law, the California Early Intervention Services Act, which is in effect only until the state terminates its participation in Part H of the federal Individuals with Disabilities Education Act, provides for the coordination of services from various state and local agencies for the provision of services to infants and toddlers up to 2 years of age who have, or are at risk of having, disabilities. The act requires each eligible infant or toddler to have an individualized family service plan. This bill would require the State Department of Education to conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing, and to report to the Legislature by January 1, 2006.

 
Criminal Justice
AB 20 (Lieber) Victims of crime. (C-09/28/2004  html  pdf)
  Status: 09/28/2004-Chaptered by Secretary of State - Chapter No. 823, Statutes of 2004
  Current Location: 09/28/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law provides that every witness testifying before a court of law take an oath, affirmation, or declaration except that children under 10 years of age may, in the court's discretion, only be required to promise to tell the truth. This bill would expand this exemption to include dependent persons with a substantial cognitive impairment. This bill contains other related provisions and other existing laws.

 
AB 1240 (Mullin) Care facilities: criminal record clearances. (C-09/21/2004  html  pdf)
  Status: 09/21/2004-Chaptered by Secretary of State - Chapter No. 653, Statutes of 2004
  Current Location: 09/21/2004-A CHAPTERED  The Arc CA Position:  Watch
  Summary:
  Existing law requires, as a condition of the State Department of Social Services or other licensing agency issuing a license, permit, or certificate of approval, as appropriate, for a person to operate or to provide direct care services in a community care facility, residential care facility for persons with a chronic life-threatening illness, residential care facility for the elderly, or child day care facility, the fingerprinting of, and criminal record clearance for, applicants and persons to be employed by, reside at, or be present in any of these facilities, except as specified. This bill would authorize, with respect to community care facilities and child day care facilities, any county office with department delegated licensing authority and the State Department of Social Services to accept a criminal record clearance or exemption from each other, and would authorize any county office with department delegated licensing authority to accept a criminal record clearance or exemption from another such county office. This bill contains other related provisions and other existing laws.

 
AB 1801 (Pavley) Guide dogs. (C-08/30/2004  html  pdf)
  Status: 08/30/2004-Chaptered by Secretary of State - Chapter No. 322, Statutes of 2004
  Current Location: 08/30/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Under existing law any person who, with no legal justification, intentionally interferes with the use of a guide dog by harassing or obstructing the guide dog user or his or her guide dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine of not less than $1,500 nor more than $2,500. Existing law defines the term "guide dog." This bill would change the definition of the term "guide dog" to define guide, signal, or service dog and would also define the term "mobility aid." The bill would, in addition, apply these provisions to any person who intentionally interferes with the use of a mobility aid. Because this bill would expand the scope of an existing crime, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 
AB 1956 (Wolk) Diversion: developmentally disabled defendants. (C-08/25/2004  html  pdf)
  Status: 08/25/2004-Chaptered by Secretary of State - Chapter No. 290, Statutes of 2004
  Current Location: 08/25/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law provides procedures whereby a mentally retarded defendant, who is being prosecuted for an offense charged as, or reduced to, a misdemeanor, and who has not had a case similarly handled within 2 years prior to the current criminal proceedings, can be diverted for treatment and habilitation specifically related to his or her individual developmental needs and the charged offense or offenses. This law provides for conditions, progress monitoring, and specific time periods for the diversion program, and requires either the resumption of the criminal process or the dismissal of the charge or charges at the completion of the program, as specified. This bill would expand this program's availability by applying it to those persons with cognitive developmental disabilities rather than only mental retardation, a term that would also permit persons with autism, or with disabling conditions found to be closely related to mental retardation or autism, or persons requiring treatment similar to that required for individuals with mental retardation or autism, as specified, to enter this diversion program and to receive services under the program if they are regional center clients at the time of a charged offense. The bill would also make conforming and technical changes in these provisions. This bill contains other related provisions and other existing laws.

 
AB 2611 (Simitian) Elder and dependent adult abuse. (C-09/29/2004  html  pdf)
  Status: 09/29/2004-Chaptered by the Secretary of State, Chapter Number 886
  Current Location: 09/29/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law proscribes crimes against elder and dependent adults involving physical and financial abuse. This bill would make technical changes to these provisions. This bill would also raise the $400 threshold amount to $800, only if AB 2705 is enacted and becomes effective on or before January 1, 2005. This bill would provide that in any case in which a person is convicted of violating these provisions the court may order, as a condition of probation, that the defendant be placed in an appropriate counseling program. This bill would require the defendant to pay the expense of his or her participation in the counseling program, as specified. This bill contains other related provisions and other existing laws.

 
AB 3095 (Committee on Aging and Long-Term Care) Crime. (C-09/29/2004  html  pdf)
  Status: 09/29/2004-Chaptered by the Secretary of State, Chapter Number 893
  Current Location: 09/29/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law proscribes various crimes committed against an elder or dependent adult when the person has knowledge that the victim is an elder or dependent adult related to physical and financial abuse, including causing or permitting an elder or dependent adult to suffer or inflicting thereon unjustifiable physical pain or mental suffering and violating any provision of law proscribing theft, embezzlement, forgery, fraud, or identity theft, with respect to the person or property of an elder or dependent adult. This bill would expand these provisions to include a situation in which the person reasonably should have known that the victim was an elder or dependent adult. This bill would also provide that in any case in which a person is convicted of violating these provisions, the court may order, as a condition of probation, that the defendant be placed in an appropriate counseling program. This bill would require the defendant to pay the expense of his or her participation in the counseling program, as specified. Because the bill would change the definition of a crime and increase probation supervision duties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 
SB 1234 (Kuehl) Crimes: civil rights. (C-09/22/2004  html  pdf)
  Status: 09/22/2004-Chaptered by Secretary of State - Chapter No. 700, Statutes of 2004
  Current Location: 09/22/2004-S CHAPTERED  The Arc CA Position:  Watch
  Summary:
  Existing law provides that no person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States because of the other person' s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. Existing law also provides that no person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. Existing law requires that any person who violates these provisions be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed $5,000, or by both that fine and imprisonment. This bill would provide that conduct punishable under these provisions that also violates any other provision of law may be charged under all applicable provisions, but may only be punished once, as specified. This bill contains other related provisions and other existing laws.

 
SB 1314 (Ortiz) Criminal history information. (C-07/23/2004  html  pdf)
  Status: 07/23/2004-Chaptered by Secretary of State - Chapter No. 184, Statutes of 2004
  Current Location: 07/23/2004-S CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law requires the Department of Justice to furnish various agencies and entities with specified parts of a person's state summary criminal history information when that information is used for employment, licensing, or certification purposes, and permits the department to furnish that information, upon a showing of a compelling need, to listed entities, as specified. In particular, it requires the department to provide that information to state government officials if required to implement state provisions that expressly refer to specific criminal conduct applicable to a person, and that contain requirements, exclusions, or both, expressly based upon that specified criminal conduct. It similarly requires the department to provide the information to local government officials, if authorized by the local government, and if necessary to implement local provisions that refer to specific criminal conduct applicable to a person and that contain requirements, exclusions, or both, expressly based upon that specified criminal conduct. This bill would authorize state and local government officials in these circumstances to transmit fingerprint images and related information to the department to be transmitted to the Federal Bureau of Investigation. This bill contains other related provisions and other existing laws.

 
SB 1794 (Perata) Criminal procedure: competency. (C-09/10/2004  html  pdf)
  Status: 09/10/2004-Chaptered by Secretary of State - Chapter No. 486, Statutes of 2004
  Current Location: 09/10/2004-S CHAPTERED  The Arc CA Position:  Watch
  Summary:
  Existing law provides that antipsychotic medications can be administered to patients in various circumstances, including against a person's will or when a person is incapable of making rational decisions regarding that medication under certain circumstances, if proper procedures are followed. Separately, existing law authorizes distinct procedures for misdemeanor cases and those that include a felony charge for determining a defendant's mental competence to stand trial if a doubt arises about the mental competence of the defendant, as specified. Under both of these procedures, at least 2 psychologists, psychiatrists, or a combination of both are required to examine the person whose competence is questioned. This bill would require these appointed mental health professionals to evaluate various specified issues relating to the person's competence, and to inform the court of their opinion regarding the potential side effects of any antipsychotic medication for the defendant. This bill contains other related provisions and other existing laws.

 
General Systemic
AB 2100 (Steinberg) Developmental services. (C-09/28/2004  html  pdf)
  Status: 09/28/2004-Chaptered by Secretary of State - Chapter No. 831, Statutes of 2004
  Current Location: 09/28/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law requires the State Department of Developmental Services to contract with private-nonprofit corporations for the establishment of regional centers to provide services and supports for persons with developmental disabilities and their families. Existing law places within the jurisdictions of the department, state developmental centers, including, but not limited to, Agnews Developmental Center. This bill would authorize the department to approve a regional center proposal to provide for payment of a lease or leases for housing for persons with developmental disabilities. The bill would authorize family home agencies to offer services and supports in family teaching homes, as defined. The bill, until January 1, 2009, would require the department to annually report vendor service data to the Legislature.
 
  Governor's Message:
  To the Members of the California State Assembly: I am signing Assembly Bill 2100, legislation that will provide a new model of support for persons with severe developmental disabilities who wish to live in California's communities. This legislation builds upon the innovative services created by the Lanterman Developmental Disabilities Services Act and the 1999 United States Supreme Court's Olmstead decision, which calls for the support and integration of persons with disabilities in their homes and communities rather than institutions. Consistent with the Olmstead decision, this legislation will provide another alternative that will better enable individuals to live in more integrated settings by expanding the range and availability of appropriate community-based placements. AB 2100 allows for the development of housing dedicated to persons with developmental disabilities and authorizes three San Francisco Bay Area regional centers to provide lease payments to establish a permanent stock of stable housing. This pilot program will establish a family teaching model that will serve up to three persons with developmental disabilities in family settings. California has systematically and continually developed integrated community-based services and supports for persons with developmental disabilities. It is time to take the next step and implement a new model capable of providing services to individuals whose only other previous option had been a state run developmental center. Therefore, it is with great enthusiasm that I am signing AB 2100. Sincerely, Arnold Schwarzenegger

 
ACR 205 (Daucher) Autism Awareness Month. (C-05/26/2004  html  pdf)
  Status: 05/26/2004-Chaptered by Secretary of State - Chapter No. 70, Statutes of 2004
  Current Location: 05/26/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  This measure would proclaim April 2004 as Autism Awareness Month and would acknowledge the contributions made in the area of early autism intervention treatment by experts in the field and the sacrifice and dedication of families of autistic people. The measure would also declare the Legislature's support for increasing federal funding for autism research and the Legislature's continuing support of research into the causes and treatment of autism at the University of California, Davis M.I.N.D. Institute. The measure would commend the United States Department of Health and Human Services for the swift implementation of the Children's Health Act of 2000. The measure would stress the need to begin early intervention services soon after a child has been diagnosed with autism.

 
SB 1364 (Chesbro) Developmental disabilities. (C-06/24/2004  html  pdf)
  Status: 06/24/2004-Chaptered by Secretary of State - Chapter No. 68, Statutes of 2004
  Current Location: 06/24/2004-S CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law, the Lanterman Developmental Disabilities Services Act, establishes the State Council on Developmental Disabilities with 29 voting members, who, among other qualifications, are persons with developmental disabilities or parents, siblings, guardians, or conservators of these persons. This bill would revise the qualification of members appointed to the council , including, but not limited to, substituting "immediate relatives" for "sibling," would revise the qualifications of the chair and vice chair, and would make conforming changes. This bill contains other related provisions and other existing laws.

 
Health & Medical
SB 142 (Alpert) Genetic testing. (C-09/22/2004  html  pdf)
  Status: 09/22/2004-Chaptered by Secretary of State - Chapter No. 687, Statutes of 2004
  Current Location: 09/22/2004-S CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law requires the State Department of Health Services to establish a program for the development and evaluation of genetic disease testing to provide genetic screening and followup services for persons who elect to have the screening. Existing law requires the department to report to the Legislature regarding the progress of the program on or before January 1, 2002. This bill would extend the date by which the department would be required to obtain screening from laboratories by competitive bid to August 1, 2005. This bill contains other existing laws.

 
SB 1845 (Perata) Adult day health care. (C-09/27/2004  html  pdf)
  Status: 09/27/2004-Chaptered by Secretary of State - Chapter No. 797, Statutes of 2004
  Current Location: 09/27/2004-S CHAPTERED  The Arc CA Position:  Support
  Summary:
  The California Adult Day Health Care Act provides for the licensure and regulation of adult day health care centers, with administrative responsibility for this program shared between the State Department of Health Services and the California Department of Aging. The bill would revise the Adult Day Health Medi-Cal Law, including revising designated Medi-Cal certification standards, including, but not limited to standards relating to the facility program plan, deleting the requirement that an adult day health care provider provide services only to those participants living within its service area, and deleting the requirement that the State Department of Health Services conduct reviews prior to approving renewal of Medi-Cal certification. This bill contains other existing laws.

 
Housing
SB 1777 (Ducheny) California Statewide Housing Plan. (C-09/27/2004  html  pdf)
  Status: 09/27/2004-Chaptered by Secretary of State - Chapter No. 818, Statutes of 2004
  Current Location: 09/27/2004-S CHAPTERED
  Summary:
  Existing law authorizes a council of governments to charge a fee to local governments to cover the projected reasonable, actual costs of the council in distributing regional housing needs. A city, county, or city and county may charge a fee to support the work of the planning agency and to reimburse it for the cost of any fee charged by the council of governments. This bill would instead authorize the city, county, or city and county to charge a fee not to exceed the amount charged in the aggregate to the city, county, or city and county by the council of governments. This bill contains other related provisions and other existing laws.

 
Mental Health
SB 1819 (Ashburn) Mental health and developmental services: confidential information. (C-09/09/2004  html  pdf)
  Status: 09/09/2004-Chaptered by Secretary of State - Chapter No. 406, Statutes of 2004
  Current Location: 09/09/2004-S CHAPTERED
  Summary:
  Existing law makes all information and records obtained in the course of providing intake assessment and services under statutes relating to services for persons with developmental disabilities and persons with mental illness confidential, and permits disclosure only under prescribed conditions, including, but not limited to, the courts as necessary to the administration of justice. This bill would authorize the disclosure of the above information and records to a state civil service employee against whom an adverse action has been filed as necessary to defend against the action if certain conditions are met. This bill contains other related provisions.

 
Special Education
AB 42 (Daucher) Special education. (C-09/09/2004  html  pdf)
  Status: 09/09/2004-Chaptered by Secretary of State - Chapter No. 408, Statutes of 2004
  Current Location: 09/09/2004-A CHAPTERED
  Summary:
  Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. This bill would require the written decision to include the reasons for any nonpublic, nonsectarian school placement, the provision of nonpublic, nonsectarian agency services, or the reimbursement for such placement or services, taking into account specified requirements. This bill contains other related provisions and other existing laws.

 
AB 152 (Levine) Special education. (C-07/16/2004  html  pdf)
  Status: 07/16/2004-Chaptered by Secretary of State - Chapter No. 161, Statutes of 2004
  Current Location: 07/16/2004-A CHAPTERED
  Summary:
  Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. This bill would make various revisions generally conforming state law to federal requirements relating to: pupil identification, assessment, and eligibility; individualized education program development, including notice, representation, and hearing procedures and requirements; multidistrict special education local plan area monitoring, review, and correction procedures; and pupil data confidentiality, and would make other technical, nonsubstantive changes. To the extent that these revisions would impose new duties on local educational agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 
AB 1858 (Steinberg) Foster children: education. (C-09/30/2004  html  pdf)
  Status: 09/30/2004-Chaptered by the Secretary of State, Chapter Number 914
  Current Location: 09/30/2004-A CHAPTERED
  Summary:
  Existing law requires the California School Information Services program administrator to submit to the State Board of Education a plan to administer, coordinate, and manage the development and implementation of an electronic statewide school information system to address current problems of information exchange. Existing law requires the plan to prescribe the set of statewide data elements and codes to be implemented by the California School Information Services and requires these data elements and codes to comply with specified privacy provisions. This bill would require the State Department of Education to ensure that the California School Information Services' system meets the needs of pupils in foster care and includes disaggregated data on pupils in foster care. This bill contains other related provisions and other existing laws.
 
  Governor's Message:
  To the Members of the California State Assembly: I am signing Assembly Bill 1858 with the understanding that some clean-up legislation will need to be pursued during the next legislative session. My Administration looks forward to working together with the Legislature to ensure the education provided to the foster youth impacted by this bill will be at the quality they deserve. Sincerely, Arnold Schwarzenegger

 
AB 2171 (Benoit) Teacher credentialing: special education. (C-07/06/2004  html  pdf)
  Status: 07/06/2004-Chaptered by Secretary of State - Chapter No. 106, Statutes of 2004
  Current Location: 07/06/2004-A CHAPTERED
  Summary:
  Existing law authorizes the Commission on Teacher Credentialing to issue a two-year services credential with a specialization in pupil personnel services, solely for the purpose of counseling deaf and hearing-impaired pupils as a school counselor or psychologist, to any prelingually deaf candidate upon medical or other appropriate professional verification, provided the candidate meets specified minimum requirements. This credential authorizes the holder to serve at all grade levels as a school counselor or psychologist of deaf and hearing-impaired pupils who are enrolled in state special schools or in special classes for pupils with hearing impairments. This bill would additionally authorize the issuance of this credential for the purpose of providing services to these pupils as a school social worker and authorize the holder to similarly serve as a school social worker. This bill contains other related provisions.

 
AB 2362 (Daucher) Special education: due process hearing. (C-07/01/2004  html  pdf)
  Status: 07/01/2004-Chaptered by Secretary of State - Chapter 81 Statutes of 2004.
  Current Location: 07/01/2004-A CHAPTERED
  Summary:
  Existing law provides procedural safeguards, including due process hearings, for the resolution of complaints regarding alleged violations of the law relative to special education. Existing law enumerates the requirements for a state hearing and sets forth the authority of the hearing officer. This bill would provide that the hearing officer may not base a decision solely on nonsubstantive procedural errors, unless the hearing officer makes certain findings.

 
AB 2525 (Committee on Education) Education: planning. (C-09/29/2004  html  pdf)
  Status: 09/29/2004-Chaptered by the Secretary of State, Chapter Number 896
  Current Location: 09/29/2004-A CHAPTERED
  Summary:
  Under existing law the Child Care and Development Services Act provides services to children to age 14. This bill would change the maximum age for eligibility in the program to 13, and would modify the definition of "parent" under the Child Care and Development Services Act, as specified. This bill contains other related provisions and other existing laws.

 
AB 2845 (La Suer) Behavioral interventions. (C-07/16/2004  html  pdf)
  Status: 07/16/2004-Chaptered by Secretary of State - Chapter No. 174, Statutes of 2004
  Current Location: 07/16/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law requires the Superintendent of Public Instruction to develop, and the State Board of Education to adopt, regulations governing the use of appropriate behavioral interventions with individuals with exceptional needs receiving special education and related services. This bill would provide that a person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst qualifies as a behavioral intervention case manager of a school district, special education local plan area, or county office of education and may conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs.

 
AB 2909 (Salinas) Early intervention services. (C-09/10/2004  html  pdf)
  Status: 09/10/2004-Chaptered by Secretary of State - Chapter No. 456, Statutes of 2004
  Current Location: 09/10/2004-A CHAPTERED  The Arc CA Position:  Support
  Summary:
  Existing law, the California Early Intervention Services Act, which is in effect only until the state terminates its participation in Part H of the federal Individuals with Disabilities Education Act, provides for the coordination of services from various state and local agencies for the provision of services to infants and toddlers up to 2 years of age who have, or are at risk of having, disabilities. The act requires each eligible infant or toddler to have an individualized family service plan. This bill would require the State Department of Education to conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing, and to report to the Legislature by January 1, 2006.

 
AJR 83 (Daucher) Special education: federal funding. (C-07/16/2004  html  pdf)
  Status: 07/16/2004-Chaptered by Secretary of State - Chapter No. 132, Statutes of 2004
  Current Location: 07/16/2004-A CHAPTERED
  Summary:
  This measure would memorialize the President and the Congress of the United States to provide the full federal share of funding for special education programs to the states so that this state and other states will not be required to take funding from other vital state and local programs to fund this underfunded federal mandate.

 
SB 1621 (Machado) Teacher credentialing: district interns. (C-08/24/2004  html  pdf)
  Status: 08/24/2004-Chaptered by Secretary of State - Chapter No. 287, Statutes of 2004
  Current Location: 08/24/2004-S CHAPTERED
  Summary:
  Existing law authorizes the Commission on Teacher Credentialing, until January 1, 2008, to issue district intern credentials authorizing persons employed by any school district to provide classroom instruction to pupils with mild and moderate disabilities in special education classes. This bill would require the commission to participate in a pilot program, which may include the San Joaquin County Office of Education and up to 5 school districts or consortia, to provide teacher preparation programs for teachers of pupils with disabilities in special education classes and would authorize the commission to issue district intern credentials authorizing participants in the programs to provide classroom instruction to pupils with disabilities in special education classes.

 
SB 1895 (Burton) Special education: mental health services. (C-09/13/2004  html  pdf)
  Status: 09/13/2004-Chaptered by Secretary of State - Chapter No. 493, Statutes of 2004
  Current Location: 09/13/2004-S CHAPTERED
  Summary:
  Existing law requires school districts, county offices of education, and special education local plan areas to comply with state laws that conform to the federal Individuals with Disabilities Education Act, in order that the state may qualify for federal funds available for the education of individuals with exceptional needs. Existing law requires school districts, county offices of education, and special education local plan areas to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. This bill would authorize a local educational agency to refer a pupil suspected of needing mental health services to a community mental health service in accordance with specified provisions. The bill would prescribe certain requirements relating to making those referrals and providing related services. This bill contains other related provisions and other existing laws.
   
 
 
Criminal Justice
AB 1707 (Committee on Judiciary) Civil rights: disabled persons: full and equal access. (V-08/30/2004  html  pdf)
  Status: 08/27/2004-Vetoed by Governor  The Arc of California Position: Support
  Current Location: 08/27/2004-A VETOED
  Summary:
  full and equal access. This bill would increase the minimum amount of damages that may be assessed against a person who denies or interferes with admittance to, or enjoyment of, the public facilities or otherwise interferes with the rights of an individual with a disability, to $4,000. This bill contains other existing laws.
 
  Governor's Message:
  I am returning Assembly Bill 1707 without my signature. This bill reveals the next lawsuit abuse problem in California that is likely to drive businesses out of the state. By quadrupling the minimum fines associated with unintentional violations under the Disabled Persons Act (DPA), the bill will have the effect of extorting money from state and local governments much the same way violations under the Unruh Act extort money from small businesses. Instead of providing incentives to correct violations in buildings and facilities to assist the disabled community this bill will cause the focus to revolve around litigation. Businesses are often faced with a lawsuit that has a potential to be financially damaging in defending or paying increased fines for mistakes such as the height of a sign that can be easily corrected. It is unfortunate that legislation, such as AB 209 (Leslie) that would reform the system did not make it through the legislative process. I would welcome legislation that would provide an avenue for businesses or governments to correct potential violations prior to being subjected to fines or civil liability. The public policy goal should be to ensure public and private facilities are open to those with disabilities, not to penalize businesses financially for unintended violations that can easily be corrected once put on notice. Sincerely, Arnold Schwarzenegger

 
SB 1475 (Vasconcellos) Elder and Dependent Adult Abuse Prevention and Prosecution Coordinating Council. (V-09/20/2004  html  pdf)
  Status: 09/20/2004-Vetoed by the Governor  The Arc of California Position: Support
  Current Location: 09/20/2004-S VETOED
  Summary:
  Existing law makes it a crime, punishable by imprisonment in a county jail, a fine, or both imprisonment and fine, to subject an elder or dependent adult to any of several forms of physical, mental, and financial abuse. This bill would require the office of the Attorney General and the California District Attorneys Association, in consultation with the California Health and Human Services Agency, to convene an Elder and Dependent Adult Abuse Prevention and Prosecution Coordinating Council, to bring together representatives of various entities responsible for investigating, reporting, and prosecuting elder and dependent adult abuse cases and other interested entities. The bill would set forth the council membership, and would require the council to develop and submit to the Legislature by January 1, 2006, a strategic master plan to accomplish 3 goals. The bill would make related findings and declarations. This bill contains other related provisions and other existing laws.
 
  Governor's Message:
  I am returning Senate Bill 1475 without my signature. While I am supportive of increasing the amount of coordination and information shared by state agencies, I do not believe that the council established by this bill would provide the most effective method of accomplishing that goal. The council would be tasked with completing a complex and important mission but would have several statutory limitations, including a very short time frame. Through an Executive Order I am directing the Office of Emergency Services to conduct a comprehensive review of existing programs intended to protect the elderly from all types of abuse and to ensure programs provide more efficient and effective methods for fighting financial crimes against seniors, including potential funding sources to carry out this objective. I am also directing the Office of Emergency Services to develop recommendations that will serve our elderly community by enhancing c oordination among law enforcement and governmental agencies in the areas of information-sharing, training, and crime prevention. It is important that protection services are geared to improving the life our seniors and that is why I am directing our agencies to develop a plan to coordinate state and local efforts. For these reasons I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

 
General Systemic
AB 649 (Wiggins) Developmental services: funding: maintenance of effort. (V-09/16/2004  html  pdf)
  Status: 09/16/2004-Vetoed by the Governor  The Arc of California Position: Support
  Current Location: 09/16/2004-A VETOED
  Summary:
  Under existing law, the State Department of Developmental Services allocates funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. This bill would make findings and declarations regarding funding for developmental services and the maintenance-of-effort level of funding to be provided by the state. The bill would require the department and the State Department of Health Services to take prescribed actions relating to the budgeting for community-based developmental services.
 
  Governor's Message:
  I am returning Assembly Bill 649 without my signature. This bill would require the State to reinvest into the community-based services program for the developmentally disabled any General Fund savings that result from the State receiving increased federal financial participation (FFP) for those services. The bill requires the Department of Developmental Services (DDS) to consult stakeholders in developing budget proposals to reinvest these funds. The bill also requires the Department of Health Services (DHS) to make every effort to secure the max imum amount of federal funds for community-based services. This bill will limit the States flexibility to manage the budget by preventing the State from offsetting General Fund expenditures for community-based services to the developmentally disabled with increased federal funds. Receipt of additional federal funds gives the State flexibility to continue General Fund investments in services or to offset General Fund expenditures according to fiscal and policy priorities. This flexibility to manage resources is particularly important during tim es of fiscal crisis. Given the current fiscal challenges facing California, it is critical that the State maintain all potential options for balancing the budget. This Administration is committed to increasing Californias share of federal funding, and our State agencies and departments continue to explore ways to maximize federal funds. The DDS and the DHS have been working on several projects to maximize federal funds for the developmental services system. The 2004 Budget continues to provide resources to the DDS to increase federal funds in several areas. For the reason stated above I cannot sign this measure. Sincerely, Arnold Schwarzenegger

 
AB 857 (Frommer) Developmental disabilities: autism. (V-09/28/2004  html  pdf)
  Status: 09/28/2004-Vetoed by the Governor
  Current Location: 09/28/2004-A VETOED
  Summary:
  The Lanterman Developmental Disabilities Services Act requires the State Department of Developmental Services to contract with regional centers for the provision of various services and supports to persons with developmental disabilities, including autism. Existing law requires the department to develop evaluation and diagnostic procedures for the diagnosis of autism disorder and all other autistic spectrum disorders that may be utilized by clinical staff at regional centers, and to develop a corresponding training program for the staff to be implemented on or before July 1, 2002. This bill would establish within the department, an Autism Information Resource Center (office), to serve families by designating a single agency as a central source of information for autism treatment and support services, and other information about autism. The office would be headed by an Autism Information Resources Director who would be appointed by the Director of Developmental Services. This bill contains other related provisions.
 
  Governor's Message:
  I am returning Assembly Bill 857 without my signature. While I support the authors goal of access for families to relevant services and information about autism, current law provides a method of furnishing that information and delivering services. Under existing law, 21 regional centers are required to develop relevant information and provide access to appropriate services for children with autism. The regional center system and its allied agencies are the most efficient system for identifying the needs of children with autism and informin g their families. Supports and services offered by regional centers are comprehensive and offer a cost-effective method of evaluating and serving persons with autism. Current regional center resource development and service coordination practices include the development of educational and informational guides that describe services related to autism. This service coordination also includes meeting formally and informally with each person with autism and their family to describe the nature of the persons disability, how it was diagnosed and what steps should be taken to promote that persons individual growth. For these reasons I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

 
AB 2832 (Lieber) Minimum wage. (V-09/18/2004  html  pdf)
  Status: 09/18/2004-Vetoed by the Governor
  Current Location: 09/18/2004-A VETOED
  Summary:
  Under existing law, the Industrial Welfare Commission is authorized to determine minimum wages in accordance with a prescribed procedure that includes the selection of wage boards to consider and make recommendations regarding wage issues. The current minimum wage for all industries is $6.75 per hour. This bill would set the minimum wage at $7.25 as of July 1, 2005, and $7.75 as of July 1, 2006.
 
  Governor's Message:
  I am returning Assembly Bill 2832 without my signature. This bill would raise Californias minimum wage to a level that would be the highest in the nation. According to the Employment Development Department, this will increase the costs to California employers by at least $3 billion, and as much as $4.4 billion. In recent years, the high cost of doing business in California has driven away jobs, businesses, and opportunity. We have launched Californias recovery by making our state a more attractive place to do business, so that employers will stay in our state, expand in our state, and create more jobs here. Now is not the time to create barriers to our economic recovery or reverse the momentum we have generated. I want to create more jobs and make every California job more secure. For these reasons, I am unable to support this measure. Sincerely, Arnold Schwarzenegger

 
SB 1365 (Chesbro) Preventing unnecessary institutionalization. (V-09/28/2004  html  pdf)
  Status: 09/28/2004-Vetoed by the Governor  The Arc of California Position: Support
  Current Location: 09/28/2004-S VETOED
  Summary:
  Existing law establishes programs for the provision of care to eligible individuals with disabilities. Existing law, the federal Americans with Disabilities Act of 1990 (P.L. 101-336), as determined by the United States Supreme Court, in Olmstead v. L.C. (1999) 527 U.S. 581, prohibits public agencies from the unnecessary institutionalization of individuals with disabilities, and requires states to provide community-based treatment for persons with disabilities when the state's treatment professionals determine that that placement is appropriate, the affected persons do not oppose the treatment, and the placement can be reasonably accommodated, taking into account the resources available to the state and the needs of others with mental disabilities. This bill would require the California Health and Human Services Agency to establish the Olmstead Advisory Council, to provide advice and recommendations for the placement of individuals in noninstitutional settings and for the review of actions and legislation within the scope of the Olmstead requirements. This bill contains other related provisions.
 
  Governor's Message:
  I am returning Senate Bill 1365 without my signature. I support the authors goal to ensure that Californians are provided comprehensive services supporting the inclusion of persons with disabilities, regardless of age or type of disability, into community life in lieu of unnecessary institutionalization, consistent with the U.S. Supreme Courts Olmstead decision. I fully support the principles underlying the Olmstead decision and am committed to making changes in State programs and policies to ensure that persons with disabilities ha ve appropriate access to and choices of community based services and placement options. I have worked to develop innovative approaches to support the ability of people to live in their homes and communities rather than in institutions, including securing a federal Independence Plus waiver to ensure continued provision of in home services. My Administration is also developing statewide assessment tools to help people move out of institutions or remain in home. In addition, the Health and Human Services Agency (HHSA) has convened its Long Term Care Council to further develop the s tate plan and approach for meeting the requirements of the Olmstead decision. Californias Olmstead Plan, published in 2003, provides an important roadmap for supporting the ability of state residents to live in the most integrated setting possible. My Administration is evaluating this plan and reviewing the best ways to meet the intent of the Olmstead decision. In that regard, I believe that further review, development and implementation of the Olmstead Plan must be informed by input from a diversity of stakeholders. I do not believe that it is necessary to est ablish such a process in statute, as proposed by SB 1365, and consider the Olmstead Advisory Council established by SB 1365 to be duplicative of efforts already underway by HHSA to convene an Olmstead Advisory Committee. Given my Administrations strong commitment to the principles and objectives of the Olmstead Plan as well as to the value of stakeholder engagement and participation, I believe that formalizing HHSAs establishment of an Olmstead Advisory Committee (Committee) is appropriate. I therefore have issued Executive Order S-18-04 directing HHSA to establish a Committee to provide input to the Agency on its efforts to evaluate, implement and monitor the Olmstead Plan, on recommended action s to improve Californias long-term care system, and on opportunities to fund expanded or new activities to support individuals with disabilities in their community. My Administration looks forward to working with the author in identifying strong candidates to serve on this Committee. For these reasons I am unable to sign this measure. Sincerely, Arnold Schwarzenegger

 
Health & Medical
AB 750 (Matthews) Medi-Cal: durable medical equipment. (V-09/24/2004  html  pdf)
  Status: 09/24/2004-Vetoed by the Governor
  Current Location: 09/24/2004-A VETOED
  Summary:
  Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services, pursuant to which medical benefits are provided to public assistance recipients and certain other low-income persons. This bill, commencing July 1, 2005, would require any provider of custom rehabilitation equipment and custom rehabilitation technology services, as defined, to a Medi-Cal beneficiary to have on staff, either as an employee or independent contractor, or have a contractual relationship with, a qualified rehabilitation professional, as defined, who was directly involved in determining the specific custom rehabilitation equipment needs of the patient and was directly involved with, or closely supervised, the final fitting and delivery of the custom rehabilitation equipment. This bill contains other existing laws.
 
  Governor's Message:
  I am returning Assembly Bill 750 without my signature. Although my Administration conceptually supports the framework and intent of AB 750, the bill would include speech language pathologists as qualified rehabilitation professionals. Speech language pathologists training focuses on communication disorders, not neuromuscular and musculoskeletal systems, which most custom durable medical equipment (DME) is designed to accommodate. Including this professional group as qualified rehabilitation professionals will prevent the Department of Heal th Services (DHS) from establishing stringent criteria in their upcoming contractual agreements because DHS requirements cannot be more restrictive than law. Because this measure, as written, would undermine DHS efforts to contain inappropriate Medi-Cal expenditures, I am returning AB 750 without my signature. Sincerely, Arnold Schwarzenegger

 
IHSS
AB 824 (Matthews) In-home supportive services: wage and benefit increases. (V-09/16/2004  html  pdf)
  Status: 09/16/2004-Vetoed by the Governor
  Current Location: 09/16/2004-A VETOED
  Summary:
  Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. This bill would establish similar requirements for state participation in increases in provider wages or benefits negotiated or agreed to by a county administering the individual provider mode, commencing with the 2004-05 fiscal year. The bill would set forth the times and conditions under which approved rates established by the bill would take effect. The bill would require the Director of Finance to certify to the Governor that each of the required conditions has been met. This bill contains other existing laws.
 
  Governor's Message:
  I am returning Assembly Bill 824 without my signature. Providing the five counties that opted to maintain administration of their In-Home Supportive Services (IHSS) program with increased State participation in wages and benefits is not feasible at this time. The estimated annual State General Fund cost increase of this bill is in excess of $400,000. However, I do understand the need to re-evaluate whether these counties should be penalized for the choice they made. This issue is worthy of consideration in future budget discussions, but the stat e cannot afford to add additional costs to the current budget. For this reason I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

 
AB 2145 (Ridley-Thomas) In-home supportive services: direct deposit wage payments. (V-07/22/2004  html  pdf)
  Status: 07/09/2004-Vetoed by the Governor  The Arc of California Position: Support
  Current Location: 07/09/2004-A VETOED
  Summary:
  Existing law provides for the In-Home Supportive Services (IHSS) program, under which, through employment by the recipient, by or through contract by the county, or by the creation of a public authority or pursuant to a contract with a nonprofit consortium, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Under existing law, counties are responsible for the administration of the program. Existing law allows an IHSS recipient who hires and pays his or her service provider and who has been a recipient for at least a year to receive his or her IHSS grant through an electronic transfer. This bill would allow an IHSS provider to authorize payment to himself or herself for IHSS services through direct deposit under a program established by the Controller. This bill contains other related provisions.
 
  Governor's Message:
  Assembly Bill 2145 (Ridley-Thomas) without my signature. While I am generally supportive of direct deposit for In-Home Supportive Services/Personal Care Services Program (IHSS/PCSP) provider wage payments, I am concerned that the costs for the Department of Social Services to implement the program are not addressed even though enhancements to the current computer system are necessary. This bill would provide that all IHSS/PCSP providers are eligible for direct deposit. The State Controller issues warrants only to those providers who provide services under the Individual Provider mode. It is not clear whether the State Controller is expected to provide direct deposit for the Contract Mode and the Homemaker Mode. For these reasons, I am returning AB 2145 without my signature. Sincerely, Arnold Schwarzenegger

 
AB 3056 (Vargas) IHSS: modes of benefits delivery. (V-09/30/2004  html  pdf)
  Status: 09/30/2004-Vetoed by the Governor  The Arc of California Position: Support 
  Current Location: 09/30/2004-A VETOED
  Summary:
  Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Under existing law, counties are responsible for the administration of the IHSS program. This bill would prohibit certain counties that provide IHSS services through 2 or more modes of service delivery from ceasing to provide any of those modes of service delivery until the county's in-home supportive services advisory committee reviews the proposed action, receives input from the recipients whose mode of service delivery is proposed to be eliminated, makes a determination that eliminating that mode of service delivery would not harm those recipients, and advises the board of supervisors of their findings, and the county board of supervisors makes a determination, at least 30 days before canceling a mode of service, that the gains realized from canceling the mode of service outweigh any resulting negative consequences. The bill would authorize the county to cease the service delivery made without meeting that requirement if the assessment and advice is not provided within 60 days, provided the board has made the determination required by the bill. By increasing the responsibilities of counties in the administration of the IHSS program, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
 
  Governor's Message:
  To the Members of the California State Assembly: I am returning Assembly Bill 3056 without my signature. This bill defines in statute how the counties should conduct their business and how they make their business decisions. The bill would limit counties' flexibility to operate the In- Home Supportive Services program efficiently and effectively by preventing them from making needed program changes in a timely and appropriate manner. The counties already have the correct authority to do this if they so choose. The bill would also delay and possibly prevent future General Fund savings by delaying or preventing a county from eliminating a more costly mode of service delivery (the Contract Mode). For these reasons I am returning this bill without my signature. Sincerely, Arnold Schwarzenegger

 
Special Education
AB 1846 (Goldberg) No Child Left Behind Act of 2001. (V-09/10/2004  html  pdf)
  Status: 09/10/2004-Vetoed by Governor. VETOED
  Current Location: 09/10/2004-A VETOED
  Summary:
  Existing law deems a reference in federal law designating a state education agency primarily responsible for state supervision of public schools to refer to the State Board of Education and requires the board to adopt rules and regulations for the allocation of federal funds to local school districts and other agencies entitled to receive federal funds for the support of schools. This bill would, notwithstanding any other law, designate the office of the Superintendent of Public Instruction as the state educational agency to carry out the purposes and provisions of the No Child Left Behind Act of 2001, and would vest the superintendent with all necessary power and authority to perform all acts necessary to receive the benefits and to allocate the funds provided by that act of Congress.
 
  Governor's Message:
  I am returning Assembly Bill 1846 without my signature. This bill would only create more confusion of governance in the existing education system, if the Office of the Superintendent of Public Instruction (SPI) is the authority for provisions related to the No Child Left Behind (NCLB) Act and the State Board Education (SBE) is the authority for all other federal programs. In addition, this bill would undermine the authority of the SBE. Moreover, California has already submitted applications for various programs and received funding under the NCLB Act. This bill may force California to revise and resubmit current applications in order to meet the provisions of this bill, potentially jeopardizing receipt of federal funding. This shift in authority proposed by the bill would also limit statewide public input. Although the SPI is an elected official, I believe it is important for education stakeholders parents, students, teachers, administrators, and community members to have an official venue for public testimony. The SBE holds public hearings on various K-12 education issues throughout the state for issues to be appropriately heard and considered. For these reasons, I am unable to support this bill. Sincerely, Arnold Schwarzenegger

 
AB 2015 (Chu) Special education: individualized education program team. (V-09/22/2004  html  pdf)
  Status: 09/22/2004-Vetoed by the Governor
  Current Location: 09/22/2004-A VETOED
  Summary:
  Existing law requires a school district, special education local plan area, or county office of education to conduct meetings, through an individualized education program team, for the purposes of developing, reviewing, and revising the individualized education program of an individual with exceptional needs. Existing law requires the individualized education program team to be comprised of certain persons, including, whenever appropriate, the individual with exceptional needs. This bill would require an individual with exceptional needs who is over the age of 13 and who has been removed from home, as provided, to be included in the team if a surrogate parent has been appointed to represent the individual's interest, except as provided. This bill contains other related provisions and other existing laws.
 
  Governor's Message:
  I am returning Assembly Bill 2015 without my signature. This bill is unnecessary. While I appreciate the authors intent to provide foster youth with exceptional needs a voice in their individualized education program, I believe that current law already responsibly addresses this issue. This bill mandates that the foster youth with exceptional needs over the age of 13 be included on the individual education program team. Current law already requires the individual education program team to include the individual with exceptional needs, when ever appropriate. For this reason, I am unable to support this legislation. Sincerely, Arnold Schwarzenegger

 
AB 2373 (Goldberg) School finance: weighted per pupil funding. (V-09/10/2004  html  pdf)
  Status: 09/10/2004-Vetoed by Governor. VETOED
  Current Location: 09/10/2004-A VETOED
  Summary:
  Existing law establishes the California Quality Education Commission for the purpose of developing, evaluating, validating, and refining a Quality Education Model for prekindergarten through grade 12, inclusive, to provide state policymakers with adequate tools to enable them to establish the reasonable costs of schools. Existing law requires the commission to develop complete descriptions of prototype schools, for each of the 3 levels of elementary and secondary schools, as provided, and to determine an adequate base funding amount for each of the prototype schools. This bill would require the commission to examine the advantages and disadvantages of allowing a school district to allocate funds to each school in its district based on a weighted per pupil formula, as specified, and to make recommendations regarding its findings. This bill contains other related provisions.
 
  Governor's Message:
  I am returning Assembly Bill No. 2373 without my signature. The Quality Education Commission (QEC) is charged with evaluating education financing models for the state to consider. It is inappropriate to bias the deliberations of the QEC, by directing it to consider specific approaches and proposals. While I recognize that the Commission may study and recommend any changes to the existing school financing structure under its current authority, I do not want to prejudice the debate of such important issues one way or another. Sincerely, Arnold Schwarzenegger

 
AB 2744 (Goldberg) Content standards. (V-09/24/2004  html  pdf)
  Status: 09/24/2004-Vetoed by the Governor
  Current Location: 09/24/2004-A VETOED
  Summary:
  Existing law requires the State Department of Education to adopt statewide academically rigorous content standards in core curriculum areas, and permits the State Board of Education to modify proposed content and performance standards. This bill would remove the authority of the State Board of Education to modify proposed content and performance standards. This bill contains other related provisions and other existing laws.
 
  Governor's Message:
  I am returning Assembly Bill 2744 without my signature. The States entire K-12 educational system: standards, textbooks, teacher training, assessments, accountability and intervention are built on the content standards as the foundation. The State Board of Education currently has the authority to review and revise the content and performance standards as the Board deems appropriate. The original standards were adopted through a public and inclusive process involving teachers, educators and content experts from around the state. Having the development under the authority of the State Board ensures that the public has access to all deliberations around the standards since the State Board is subject to the requirements of the Bagley-Keene Opening Meeting Act. Therefore, I see no compelling reason to shift the duties for standards development from the State Board of Education to the State Superintendent of Public Instruction. For these reasons, I cannot sign this measure. Sincerely, Arnold Schwarzenegger