SB 1194: Advisory bodies: membership information: State Superintendent of Public Instruction’s Parent Advisory Council: meetings.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-06-17
Current Status:
Failed
(2024-08-15: August 15 hearing: Held in committee and under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires the State Department of Education to post on its website the membership of all advisory councils, committees, workgroups, and similar bodies created by the State Superintendent — including the State Superintendent’s Parent Advisory Council — and to update those lists within 30 days of any change. The posted details must include each person’s name, occupation and title, employer if they work for a local school agency (district, county office, or charter school), and county of residence, but not student membership information. Meetings of the State Superintendent’s Parent Advisory Council must follow the state open‑meeting law (Bagley‑Keene Act).
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties. Existing law requires the Superintendent to develop specified information, and to submit that information to the State Board of Education for its approval, for distribution to school districts and, to the extent feasible, for posting on the departments internet website, to strengthen and promote the opportunity for quality involvement by parents and guardians in schoolsite councils, as specified.
This bill would require the department, on or before January 31, 2025, to publicly post on its internet website the membership of all advisory councils, committees, workgroups, and other similar bodies established by the Superintendent, including, but not limited to, the State Superintendent of Public Instructions Parent Advisory Council, as specified, and to update the membership list on its internet website within 30 days of a membership change.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body.
This bill would require meetings of the State Superintendent of Public Instructions Parent Advisory Council to be conducted pursuant to that act.
Existing law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties. Existing law requires the Superintendent to develop specified information, and to submit that information to the State Board of Education for its approval, for distribution to school districts and, to the extent feasible, for posting on the departments internet website, to strengthen and promote the opportunity for quality involvement by parents and guardians in schoolsite councils, as specified.
This bill would require the department, on or before January 31, 2025, to publicly post on its internet website the membership of the State Superintendent of Public Instructions Parent Advisory Council, as specified, and to update the membership list on its internet website within 30 days of a membership change.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body.
This bill would require meetings of the State Superintendent of Public Instructions Parent Advisory Council to be conducted pursuant to that act.
Existing law establishes the office of the Superintendent of Public Instruction, who serves as the director of the State Department of Education and has numerous other duties. Existing law requires the Superintendent to develop specified information, and to submit that information to the State Board of Education for its approval, for distribution to school districts and, to the extent feasible, for posting on the departments internet website, to strengthen and promote the opportunity for quality involvement by parents and guardians in schoolsite councils, as specified.
This bill would require the department, on or before January 31, 2025, to publicly post on its internet website the membership of the State Superintendent of Public Instructions Parent Advisory Council, as specified, and to update the membership list on its internet website within 30 days of a membership change.
Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in the state. The University of California provides instruction to students at campuses in the Cities of Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz.Existing law requires the regents to determine the time, form, and manner of the issuance of revenue bonds.This bill would make a nonsubstantive change to that provision relating to revenue bonds.Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in the state. The University of California provides instruction to students at campuses in the Cities of Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz.
Existing law requires the regents to determine the time, form, and manner of the issuance of revenue bonds.
This bill would make a nonsubstantive change to that provision relating to revenue bonds.
(a)On or before January 31, 2025, the department shall publicly post on its internet website the membership of all advisory councils, committees, workgroups, and other similar bodies established by the Superintendent, including, but not limited to, the State Superintendent of Public Instructions Parent Advisory Council, and shall update the membership list on its internet website within 30 days of a membership change.
(b)The membership information posted on the departments internet website for purposes of subdivision (a) shall include, but is not limited to, all of the following for each person:
(1)Their name.
(2)Their occupation, title, and, if employed by a local educational agency, their employer. occupation and title.
(3)Their employer, but only if employed by a local educational agency.
(3)(4)Their county of residence.
(c)Notwithstanding subdivisions (a) and (b), pupil membership information shall not be posted on the departments internet website.
(c)(d)Meetings of the State Superintendent of Public Instructions Parent Advisory Council shall be conducted pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d)(e)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
(a)On or before January 31, 2025, the department shall publicly post on its internet website the membership of the State Superintendent of Public Instructions Parent Advisory Council, and shall update the membership list on its internet website within 30 days of a membership change.
(b)The membership information posted on the departments website for purposes of subdivision (a) shall include, but is not limited to, all of the following for each person:
(1)Their name.
(2)Their occupation, title, and, if employed by a local educational agency, their employer.
(3)Their county of residence.
(c)Meetings of the State Superintendent of Public Instructions Parent Advisory Council shall be conducted pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(c)(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
(a)On or before January 31, 2025, the department shall publicly post on its internet website the membership of the State Superintendent of Public Instructions Parent Advisory Council, and shall update the membership list on its internet website within 30 days of a membership change.
(b)The membership information posted on the departments website for purposes of subdivision (a) shall include, but is not limited to, all of the following for each person:
(1)Their name.
(2)Their occupation, title, and, if employed by a local educational agency, their employer.
(3)Their county of residence.
(c)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SECTION 1.Section 92471 of the Education Code is amended to read:92471.The regents shall determine the time, form, and manner of issuance of revenue bonds.The regents shall determine the time, form, and manner of the issuance of revenue bonds.
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Date
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Status
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|---|---|
| Aug 15, 2024 | August 15 hearing: Held in committee and under submission. |
| Aug 7, 2024 | August 7 set for first hearing. Placed on suspense file. |
| Jun 17, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2024 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 12). |
| Jun 3, 2024 | Referred to Com. on ED. |
| Jun 3, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| May 23, 2024 | In Assembly. Read first time. Held at Desk. |
| May 22, 2024 | Read third time. Passed. (Ayes 33. Noes 1. Page 4138.) Ordered to the Assembly. |
| May 16, 2024 | Ordered to third reading. |
| May 16, 2024 | From consent calendar on motion of Senator Wiener. |
| May 14, 2024 | Read second time. Ordered to consent calendar. |
| May 13, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| May 3, 2024 | Set for hearing May 13. |
| Apr 24, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3725.) (April 23). Re-referred to Com. on APPR. |
| Apr 11, 2024 | Set for hearing April 23. |
| Apr 10, 2024 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 3559.) (April 10). Re-referred to Com. on JUD. |
| Apr 4, 2024 | Set for hearing April 10. |
| Apr 3, 2024 | Re-referred to Coms. on ED. and JUD. |
| Mar 18, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 21, 2024 | Referred to Com. on RLS. |
| Feb 15, 2024 | From printer. May be acted upon on or after March 16. |
| Feb 14, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
|
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|---|---|---|---|---|
| Jun 12, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
|
| May 22, 2024 | Senate 3rd Reading SB1194 Wilk | Senate Floor |
Passed |
|
| Apr 23, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 10, 2024 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1194
Author:(Wilk) – As Amended Ver:June 17, 2024
Policy Committee: | Education | Vote: | 6 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Department of Education (CDE) to post and regularly update on its website certain information about all committees and other bodies established by the Superintendent of Public Instruction (SPI).
Specifically, this bill requires CDE, by January 31, 2025, to publically post on its website the membership of all advisory councils, committees, workgroups, and other similar bodies established by the SPI, including the SPI’s Parent Advisory Council. The information about members to be provided is (a) their name, (b) their occupation and title, (c) their employer, if employed by a local educational agency, and (d) their county of residence. The bill excludes student membership information from these requirements.
The bill requires CDE to update this information within 30 days of a membership change. The bill also requires meetings of the SPI’s Parent Advisory Council be conducted pursuant to the Bagley-Keene Open Meeting Act.
FISCAL EFFECT:
Significant ongoing General Fund costs to CDE, potentially ranging in the low hundreds of thousands of dollars annually to over $1 million, depending on interpretation of this bill’s requirements.
CDE interprets this bill to apply to all of CDE’s convenings and group conversations, both internal and external. Specifically, CDE interprets the bill to require it to post and regularly update on its website certain information about most internal CDE employee meetings and discussions, informal and formal, as well as discussions or meetings with stakeholders, districts, schools, other state and local agencies and offices, among others. As such, CDE indicates the bill would result in “a significant increase in CDE administrative and technology staff to collect the needed information, log it, manage it, and post it.” According to evaluations done by CDE divisions, total costs of these requirements could exceed $1 million annually. However, interpreting this bill to apply only to external groups would result in much lower costs, though likely in excess of $150,000.
COMMENTS:
- Purpose. According to the author this bill is a transparency measure to ensure CDE posts names, employers, and positions of members of the bodies convened by the SPI. Though the bill applies to all committees created by the SPI, the author is specifically concerned about the SPI’s Parent Advisory Council. The author writes:
Superintendent Thurmond stated that the council was created to help ensure the CDE is, ‘reaching out to our families to make sure they are included in the conversation about what education looks like for children.’ But parents can’t be included in the conversation if they have no idea who’s participating in this conversation and what is being discussed.
- Background.
SPI Bodies. On September 24, 2021, the SPI announced the formation of a statewide Youth Advisory Council. The Youth Advisory Council is overseen by the Student Support Services Branch within CDE. In addition, on April 5, 2022, the SPI announced the formation of a statewide Parent Advisory Council. The Parent Advisory Council also is overseen by the Student Support Services Branch within CDE. The CDE website does not include membership information for these commissions.
CDE oversees various other bodies, for example, the Advisory Commission on Charter Schools and the Advisory Commission on Special Education. The CDE website includes membership information for these bodies.
This bill requires CDE to post membership information for all bodies established by the SPI, including the Parent Advisory Council, on its website. The bill requires the Parent Advisory Council meetings be conducted pursuant to the Bagley-Keene Open Meeting Act.
Bagley-Keene Open Meeting Act. The Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body.
- Opposition. This bill is opposed by Transyouth Liberation and Transfamily Support Services, who write “As organizations dedicated to supporting and advocating for LGBTQ+ youth and their families, TransFamily Support Services and TransYouth Liberation strongly oppose any measures that compromise their privacy, safety, and well-being.” Specifically, the opponents argue that posting personal information for members of the Parent Advisory Council as required by the bill could result in harassment and intimidation of council members, professional repercussions to council members, and a chilling effect on council participation. They also argue the bill raises legal and ethical concerns about privacy for volunteers serving in advisory capacities.
- Related Bills. SB 544 (Laird), Chapter 216, Statutes of 2023, revises and repeals, until January 1, 2026, certain teleconference requirements under the Bagley-Keene Open Meeting Act, which requires all meetings of a state body be open and public.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: June 12, 2024
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
SBPCA Bill Id:SB 1194
Author:(Wilk) – As Amended Ver:June 3, 2024
SENATE VOTE: 33-1
SUBJECT: State Superintendent of Public Instruction’s Parent Advisory Council: membership information: meetings
SUMMARY: Requires, on or before January 31, 2025, the California Department of Education (CDE) to publicly post on its website the membership of the Superintendent of Public Instruction’s (SPI’s) Parent Advisory Council (PAC), and to update the membership list on its website within 30 days of a membership change. Specifically, this bill:
- Requires, on or before January 31, 2025, the CDE to publicly post on its website the membership of the SPI’s Parent Advisory Council, and to update the membership list on its website within 30 days of a membership change.
- Requires the membership information posted on the CDE’s website to include, but is not limited to, all of the following for each person:
- Their name;
- Their occupation, title, and, if employed by a local educational agency (LEA), their employer; and
- Their county of residence.
- Requires meetings of the SPI’s Parent Advisory Council to be conducted pursuant to the Bagley-Keene Open Meeting Act.
- Defines “local educational agency” to mean a school district, county office of education (COE), or charter school.
EXISTING LAW:
- Establishes CDE in state government, and provides that it be administered through:
- The State Board of Education (SBE), which shall be the governing and policy determining body of CDE; and
- The Director of Education, in whom all executive and administrative functions of CDE are vested and who is the executive officer of SBE. (Education Code (EC) 33300 and 33301)
- Requires that a SPI be elected by the qualified electors of the State at each gubernatorial election, and prohibits any SPI from serving more than two terms. (California Constitution, Article IX, Section 2)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Need for the bill. According to the author, “SB 1194 is a simple transparency measure that requires the California Department of Education to post the names and county of residence for members that sit on its PAC, as well as the PAC to be subject to the Bagley-Keene Open Meeting Act. It is common practice for similar CDE advisory committees to voluntarily post the names, employers, and positions of their members. For example, The Instructional Quality Commission, The Advisory Commission on Charter Schools, and the Advisory Commission on Special Education all post this information voluntarily.
Superintendent Thurmond stated that the council was created to help ensure the CDE is, ‘reaching out to our families to make sure they are included in the conversation about what education looks like for children.’ But parents can’t be included in the conversation if they have no idea who’s participating in this conversation and what is being discussed.
I think it’s always a great idea to empower parents to help shape education policy and this committee will help accomplish that. But I want to make sure that parents know who is speaking on their behalf and if their community is represented.”
CDE’s Parent Advisory Council. On April 5, 2022, the SPI announced the formation of a statewide PAC by issuing a letter to county and district superintendents and charter school administrators stating, “The PAC will work directly with my office to provide input and feedback on matters affecting youth throughout the state. I am creating a council of diverse parents that will directly work with policymakers and educational partners to provide equitable change to California’s education system through authentic parent voices. As we reimagine education, we hope to have parents working alongside California’s education professionals and policymakers to build a better tomorrow for all learning institutions in our state.”
Within the CDE, the PAC is overseen by the Whole Child Division. According to the CDE’s website, the PAC’s mission is to “engage families to help shape education policy and represent diverse parent voices in the statewide decision-making process. The PAC is committed to helping close gaps in achievement and to create authentic engagement opportunities that will result in transformative outcomes for California students.”
No additional information about the PAC, such as membership and meeting dates, can be found on the CDE’s website (other than a general email address for the council). According to the author, requests to obtain information from the CDE about this council’s membership have proven futile. Also according to information provided by the author, “In January 2023, rejection letters began going out to [PAC member] applicants, however a list of the 15 parents that were chosen was not provided. Requests to obtain this information from CDE have proven futile and the webpage where information on the PAC is posted is currently under construction. CDE did state that they were planning to post information about the council and its members by the end of 2023; however, it is unclear why the information has still not been released. Existing law does not require CDE to post this type of information on their website.”
The CDE recently provided information to Committee staff stating the PAC is a high priority for the CDE, the last PAC meeting took place in the fall of 2023, and the CDE will continue to update information on the CDE website. The CDE further stated the purpose of the PAC is to present recommendations to the SPI to support academic, social-emotional learning, and family engagement among all public-school children, and ensures that policy decisions made by the SPI are informed by the voices of parents and guardians who reflect the State’s diverse student population.
Public information. This bill requires the CDE to publicly post information about members of the PAC, including name, county of residence, occupation, title, and employer if employed by a local educational agency. As noted below, information about the membership of other various advisory bodies is currently available on the CDE’s website. Web pages for some of the advisory bodies note the position/title and employer of members, but those bodies call for specific expertise of their members (such as laws on charter schools, special education, or in curricular design). The Committee may wish to consider that the employers of some parents that serve on the Parent Advisory Council may present potential a conflict of interest if, for example, the parent’s employer is under contract with a school district to provide goods or services.
Other advisory bodies. Currently, the SBE and CDE may convene advisory councils, committees, or commissions. A small sampling of those bodies, and information about membership, include:
- Advisory Commission on Charter Schools: Listed on the CDE’s website are members’ names, group affiliation, biography, and terms of appointment.
- Advisory Commission on Ethnic Studies Model Curriculum: Listed on the CDE’s website are members’ names, position title, and employer.
- California Practitioners Advisory Group: Listed on the CDE’s website are members’ names, positions/employers, group affiliation, and terms of appointment.
- Advisory Commission on Special Education: Listed on the CDE’s website are members’ names, email, term and appointing body.
Recommended Committee Amendments. Staff recommends that the bill be amended as follows:
- Require the CDE to post on its website membership information for all advisory councils, committees, workgroups, and other similar bodies established by the superintendent, including, but not limited to, the SPI’s PAC. Requires membership information to include name, occupation, title, employer (only if employer is an LEA), and county of residence.
- Clarify that member employment information is only required to be posted if a member is employed by an LEA.
Related legislation. AB 715 (Megan Dahle) of the 2023-24 Session would have established the Rural Education Task Force within the CDE to provide assistance and advice to the SPI on the needs and challenges of very rural schools that serve pupils in kindergarten and grades 1 to 12. This bill would have required specified task force members, including parents. This bill was held in the Senate Appropriations Committee.
Arguments in support. Educate. Advocate. writes, “The families we serve strongly support this bill. Please support this important bill.”
Arguments in opposition. TransFamily Support Service writes, “The publication of personal information exposes council members to heightened risks of harassment and intimidation, with potentially severe consequences. AB 1979, the Doxing Victims Recourse Act, underscores the serious harms that can result from the unauthorized release of personal information, including physical injury, harassment, stalking, and emotional distress. By requiring the publication of personal information without consent, the proposed changes to SB 1194 perpetuate the very risks that AB 1979 aims to mitigate. This inconsistency undermines efforts to protect individuals' privacy and safety, particularly for vulnerable communities such as LGBTQ+ youth and their families.
Consider the case of LGBTQ+ youth and their families, who already face disproportionate rates of discrimination and violence. By associating council members with LGBTQ+ advocacy, the proposed changes increase the likelihood of targeted harassment and bullying, both online and offline. Such actions not only undermine the safety and well-being of council members and their families but also create a chilling effect, deterring individuals from participating in advisory roles for fear of reprisal.”
REGISTERED SUPPORT / OPPOSITION:
Support
Educate. Advocate.
Oppose
Transfamily Support Services
Transyouth Liberation
Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1194 |
THIRD READING
Bill No: SB 1194
Author: Wilk (R)
Amended: 3/18/24
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 4/10/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: State Superintendent of Public Instruction’s Parent Advisory Council
SOURCE: Author
DIGEST:
This bill requires the California Department of Education (CDE) to publicly post on its website the membership of the State Superintendent of Public Instruction’s (SPI’s) Parent Advisory Council, and shall update the membership list on its internet website within 30 days of a membership change.
ANALYSIS:
Existing law:
- Establishes CDE in state government, and provides that it be administered through:
- The State Board of Education (SBE) which shall be the governing and policy determining body of CDE.
- The Director of Education in whom all executive and administrative functions of CDE are vested and who is the executive officer of SBE. (Education Code (EC) § 33300 and § 33301)
- The State Board of Education (SBE) which shall be the governing and policy determining body of CDE.
- Requires that a SPI be elected by the qualified electors of the State at each gubernatorial election, and prohibits any SPI from serving more than two terms. (California Constitution, Article IX, § 2)
This bill:
- Requires CDE, by January 31, 2025, to publicly post on its internet website the membership of the SPI’s Parent Advisory Council.
- Requires CDE to update the membership list on its website within 30 days of a membership change.
- Specifies that the information to be posted is to include, but is not limited to, all of the following for each person:
- Their name.
- Their occupation, title, and, if employed by a local educational agency, their employer.
- Their county of residence.
- Their name.
Comments
- Need for the bill. According to the author, “I think it’s always a great idea to empower parents to help shape education policy and this committee will help accomplish that. But I want to make sure that parents know who is speaking on their behalf and if their community is represented.”
- CDE’s Parent Advisory Council. On April 5, 2022, CDE announced the formation of a statewide Parent Advisory Council by issuing a letter to county and district superintendents and charter school administrators stating, “The Parent Advisory Council will work directly with my office to provide input and feedback on matters affecting youth throughout the state. I am creating a council of diverse parents that will directly work with policymakers and educational partners to provide equitable change to California’s education system through authentic parent voices. As we reimagine education, we hope to have parents working alongside California’s education professionals and policymakers to build a better tomorrow for all learning institutions in our state.”
Within CDE, the Parent Advisory Council is overseen by the Whole Child Division. According to CDE’s website, the Parent Advisory Council’s mission is to “engage families to help shape education policy and represent diverse parent voices in the statewide decision-making process. The PAC is committed to helping close gaps in achievement and to create authentic engagement opportunities that will result in transformative outcomes for California students.”
No additional information about the Parent Advisory Council, such as membership and meeting dates, can be found on CDE’s website (other than a general email address for the council). According to the author, requests to obtain information from CDE about this council’s membership have proven futile. Additionally, CDE responded to a staff inquiry that CDE was planning to post information about the council and its members by the end of 2023; however, this information is still not on CDE’s website. - Public information. This bill requires CDE to publicly post information about members of the Parent Advisory Council, including name, county of residence, occupation, title, and employer if employed by a local educational agency. As noted in #4 below, information about the membership of various advisory bodies is currently available on CDE’s website. Web pages for some of the advisory bodies note the position/title and employer of members, but those bodies call for specific expertise of their members (such as laws on charter schools and special education, or in curricular design).
- Other advisory bodies. Currently, the SBE and CDE may convene advisory councils, committees, or commissions. A small sampling of those bodies, and information about membership, include:
- Advisory Commission on Charter Schools. Listed on CDE’s website are members’ names, group representing, biography, and terms of appointment.
- Advisory Commission on Ethnic Studies Model Curriculum. Listed on CDE’s website are members’ names, position title, and employer.
- California Practitioners Advisory Group. Listed on CDE’s website are members’ names, position/employer, group representing, and terms of appointment.
- Advisory Commission on Special Education. Listed on CDE’s website are members’ names, email, term and appointing body.
- Advisory Commission on Charter Schools. Listed on CDE’s website are members’ names, group representing, biography, and terms of appointment.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 5/9/24)
None received
OPPOSITION: (Verified 5/9/24)
None received
Prepared by: Lynn Lorber / ED. / (916) 651-4105
5/17/24 10:09:26
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1194 |
CONSENT
Bill No: SB 1194
Author: Wilk (R)
Amended: 3/18/24
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 4/10/24
AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: State Superintendent of Public Instruction’s Parent Advisory Council
SOURCE: Author
DIGEST:
This bill requires the California Department of Education (CDE) to publicly post on its website the membership of the State Superintendent of Public Instruction’s (SPI’s) Parent Advisory Council, and shall update the membership list on its internet website within 30 days of a membership change.
ANALYSIS:
Existing law:
- Establishes CDE in state government, and provides that it be administered through:
- The State Board of Education (SBE) which shall be the governing and policy determining body of CDE.
- The Director of Education in whom all executive and administrative functions of CDE are vested and who is the executive officer of SBE. (Education Code (EC) § 33300 and § 33301)
- The State Board of Education (SBE) which shall be the governing and policy determining body of CDE.
- Requires that a SPI be elected by the qualified electors of the State at each gubernatorial election, and prohibits any SPI from serving more than two terms. (California Constitution, Article IX, § 2)
This bill:
- Requires CDE, by January 31, 2025, to publicly post on its internet website the membership of the SPI’s Parent Advisory Council.
- Requires CDE to update the membership list on its website within 30 days of a membership change.
- Specifies that the information to be posted is to include, but is not limited to, all of the following for each person:
- Their name.
- Their occupation, title, and, if employed by a local educational agency, their employer.
- Their county of residence.
- Their name.
Comments
- Need for the bill. According to the author, “I think it’s always a great idea to empower parents to help shape education policy and this committee will help accomplish that. But I want to make sure that parents know who is speaking on their behalf and if their community is represented.”
- CDE’s Parent Advisory Council. On April 5, 2022, CDE announced the formation of a statewide Parent Advisory Council by issuing a letter to county and district superintendents and charter school administrators stating, “The Parent Advisory Council will work directly with my office to provide input and feedback on matters affecting youth throughout the state. I am creating a council of diverse parents that will directly work with policymakers and educational partners to provide equitable change to California’s education system through authentic parent voices. As we reimagine education, we hope to have parents working alongside California’s education professionals and policymakers to build a better tomorrow for all learning institutions in our state.”
Within CDE, the Parent Advisory Council is overseen by the Whole Child Division. According to CDE’s website, the Parent Advisory Council’s mission is to “engage families to help shape education policy and represent diverse parent voices in the statewide decision-making process. The PAC is committed to helping close gaps in achievement and to create authentic engagement opportunities that will result in transformative outcomes for California students.”
No additional information about the Parent Advisory Council, such as membership and meeting dates, can be found on CDE’s website (other than a general email address for the council). According to the author, requests to obtain information from CDE about this council’s membership have proven futile. Additionally, CDE responded to a staff inquiry that CDE was planning to post information about the council and its members by the end of 2023; however, this information is still not on CDE’s website. - Public information. This bill requires CDE to publicly post information about members of the Parent Advisory Council, including name, county of residence, occupation, title, and employer if employed by a local educational agency. As noted in #4 below, information about the membership of various advisory bodies is currently available on CDE’s website. Web pages for some of the advisory bodies note the position/title and employer of members, but those bodies call for specific expertise of their members (such as laws on charter schools and special education, or in curricular design).
- Other advisory bodies. Currently, the SBE and CDE may convene advisory councils, committees, or commissions. A small sampling of those bodies, and information about membership, include:
- Advisory Commission on Charter Schools. Listed on CDE’s website are members’ names, group representing, biography, and terms of appointment.
- Advisory Commission on Ethnic Studies Model Curriculum. Listed on CDE’s website are members’ names, position title, and employer.
- California Practitioners Advisory Group. Listed on CDE’s website are members’ names, position/employer, group representing, and terms of appointment.
- Advisory Commission on Special Education. Listed on CDE’s website are members’ names, email, term and appointing body.
- Advisory Commission on Charter Schools. Listed on CDE’s website are members’ names, group representing, biography, and terms of appointment.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 5/9/24)
None received
OPPOSITION: (Verified 5/9/24)
None received
Prepared by: Lynn Lorber / ED. / (916) 651-4105
5/13/24 12:33:21
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 1194 (Author:Wilk)
Version: March 18, 2024
Hearing Date: April 23, 2024
Fiscal: Yes
Urgency: No
Consultant: AM
SUBJECT
State Superintendent of Public Instruction’s Parent Advisory Council
DIGEST
This bill requires the State Department of Education (Department) to publicly post on its website the membership of the State Superintendent of Public Instruction’s Parent Advisory Council (PAC), and update the membership list on its internet website within 30 days of any membership change on or before January 31, 2025. The bill requires that the posted information regarding members includes: name, occupation, title, name of employer (if employed by a local educational agency), and county of residence.
EXECUTIVE SUMMARY
The author states that the genesis of this bill stems from him becoming aware of parents’ applications to the PAC being rejected but not being able to find out who was eventually appointed. According to the author, requests to obtain information from the Department about the PAC’s membership have proven futile. The author state his intent with this bill is to ensure that inquiring parents can find out who represents them on the PAC. The Senate Education Committee analysis of this bill notes that the Department “responded to a staff inquiry that [the Department] was planning to post information about the council and its members by the end of 2023; however, this information is still not on [the] website.”[1] No timely support or opposition was received by the Committee. This bill passed the Senate Education Committee on a vote of 7 to 0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the Department and provides that the State Board of Education is the governing and policy determining body of the Department. (Edc. Code § 33300-33301.)
- Requires the State Superintendent of Public Instruction to be elected by the qualified electors of the state at each gubernatorial election, and prohibits any SPI from serving more than two terms. (Cal. Const., art. IX, § 2.)
- Provides that the SPI is the ex officio Director of Education, and that the Department is conducted under the control of an executive officer known as the Director of Education.
This bill:
- Requires the Department, on or before January 31, 2025, to publicly post on its website the membership of the PAC, and update the membership list on its internet website within 30 days of any membership change.
- Requires that the membership information posted on the website include, but not be limited to, all of the following for each person:
- name;
- occupation, title, and, if employed by a local education agency, their employer; and
- county of residence.
- Defines “local educational agency” as a school district, county office of education, or charter school.
COMMENTS
- Stated need for the bill
The author writes:
I think it’s always a great idea to empower parents to help shape education policy and this council will help accomplish that. But I want to make sure that parents know who is speaking on their behalf and if their community is represented.
- Requiring information regarding members of the PAC to be posted online
The Department’s website states that the PAC’s “mission is to engage families to help shape education policy and represent diverse parent voices in the statewide decision-making process. The PAC is committed to helping close gaps in achievement and to create authentic engagement opportunities that will result in transformative outcomes for California students.”[2]
The Senate Committee on Education analysis of this bill provides useful background on the establishment of the Parent Advisory Council:
On April 5, 2022, CDE announced the formation of a statewide Parent Advisory Council by issuing a letter to county and district superintendents and charter school administrators stating, “The Parent Advisory Council will work directly with my office to provide input and feedback on matters affecting youth throughout the state. I am creating a council of diverse parents that will directly work with policymakers and educational partners to provide equitable change to California’s education system through authentic parent voices. As we reimagine education, we hope to have parents working alongside California’s education professionals and policymakers to build a better tomorrow for all learning institutions in our state.” […]
No additional information about the Parent Advisory Council, such as membership and meeting dates, can be found on CDE’s website (other than a general email address for the council). [3]
The Senate Education Committee analysis further notes that existing law authorizes several advisory councils, committees, or commission to be established by the Department and that the following ones provide the following information about their members on the Department’s website:
- the Advisory Commission on Charter Schools provides members’ names, group representing, biography, and terms of appointment;
- the Advisory Commission on Ethnic Studies Model Curriculum provides members’ names, position, title, and employer;
- the California Practitioners Advisory Group provides members’ names, position/employer, group representing, and terms of appointment; and
- the Advisory Commission on Special Education provides members’ names, email, term and appointing body.[4]
This bill seeks to provide the public with information regarding the members of the PAC in order for the pubic to have an idea of who is providing feedback to the Department. Most of the information required to be posted—name, occupation, title, and employer if employed by a local education agency—seem to be consistent with information posted about members of other advisory groups of the Department. Posting the county of residence of a member could help ensure that the membership of the PAC is diverse, and that a broad swath of the state is represented.
SUPPORT
None received
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation: None known.
PRIOR VOTES
Senate Education Committee (Ayes 7, Noes 0)
**************
Sen. Education Comm. analysis of SB 1194 (2023-24 reg. session) as amended March 18, 2024 at p. 2. ↑
Whole Child Division, Cal. Dept. of Education, https://www.cde.ca.gov/re/di/or/wcd.asp. ↑
Sen. Education Comm. analysis of SB 1194 (2023-24 reg. session) as amended March 18, 2024 at p. 2. ↑
Id. at 3. ↑
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: SB 1194 Hearing Date: April 10, 2024
Author: | |||
Version: | March 18, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: State Superintendent of Public Instruction’s Parent Advisory Council.
NOTE: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include referral to the Committee on Judiciary.
SUMMARY
This bill requires the California Department of Education (CDE) to publicly post on its website the membership of the State Superintendent of Public Instruction’s (SPI’s) Parent Advisory Council, and shall update the membership list on its internet website within 30 days of a membership change.
BACKGROUND
Existing law:
- Establishes CDE in state government, and provides that it be administered through:
- The State Board of Education (SBE) which shall be the governing and policy determining body of CDE.
- The Director of Education in whom all executive and administrative functions of CDE are vested and who is the executive officer of SBE. (Education Code (EC) § 33300 and § 33301)
- The State Board of Education (SBE) which shall be the governing and policy determining body of CDE.
- Requires that a SPI be elected by the qualified electors of the State at each gubernatorial election, and prohibits any SPI from serving more than two terms. (California Constitution, Article IX, § 2)
ANALYSIS
This bill:
- Requires CDE, by January 31, 2025, to publicly post on its internet website the membership of the SPI’s Parent Advisory Council.
- Requires CDE to update the membership list on its website within 30 days of a membership change.
- Specifies that the information to be posted is to include, but is not limited to, all of the following for each person:
- Their name.
- Their occupation, title, and, if employed by a local educational agency, their employer.
- Their county of residence.
- Their name.
STAFF COMMENTS
- Need for the bill. According to the author, “I think it’s always a great idea to empower parents to help shape education policy and this committee will help accomplish that. But I want to make sure that parents know who is speaking on their behalf and if their community is represented.”
- CDE’s Parent Advisory Council. On April 5, 2022, CDE announced the formation of a statewide Parent Advisory Council by issuing a letter to county and district superintendents and charter school administrators stating, “The Parent Advisory Council will work directly with my office to provide input and feedback on matters affecting youth throughout the state. I am creating a council of diverse parents that will directly work with policymakers and educational partners to provide equitable change to California’s education system through authentic parent voices. As we reimagine education, we hope to have parents working alongside California’s education professionals and policymakers to build a better tomorrow for all learning institutions in our state.”
Within CDE, the Parent Advisory Council is overseen by the Whole Child Division. According to CDE’s website, the Parent Advisory Council’s mission is to “engage families to help shape education policy and represent diverse parent voices in the statewide decision-making process. The PAC is committed to helping close gaps in achievement and to create authentic engagement opportunities that will result in transformative outcomes for California students.”
No additional information about the Parent Advisory Council, such as membership and meeting dates, can be found on CDE’s website (other than a general email address for the council). According to the author, requests to obtain information from CDE about this council’s membership have proven futile. Additionally, CDE responded to a staff inquiry that CDE was planning to post information about the council and its members by the end of 2023; however, this information is still not on CDE’s website. - Public information. This bill requires CDE to publicly post information about members of the Parent Advisory Council, including name, county of residence, occupation, title, and employer if employed by a local educational agency. As noted in #4 below, information about the membership of various advisory bodies is currently available on CDE’s website. Web pages for some of the advisory bodies note the position/title and employer of members, but those bodies call for specific expertise of their members (such as laws on charter schools and special education, or in curricular design).
Is it relevant for the public to know the occupation of a person serving on the Parent Advisory Council? Additionally, is it necessary to disclose the county of residence of members of the Parent Advisory Council? This bill has been double-referred to the Senate Judiciary Committee, where these questions may be considered. - Other advisory bodies. Currently, the SBE and CDE may convene advisory councils, committees, or commissions. A small sampling of those bodies, and information about membership, include:
- Advisory Commission on Charter Schools. Listed on CDE’s website are members’ names, group representing, biography, and terms of appointment.
- Advisory Commission on Ethnic Studies Model Curriculum. Listed on CDE’s website are members’ names, position title, and employer.
- California Practitioners Advisory Group. Listed on CDE’s website are members’ names, position/employer, group representing, and terms of appointment.
- Advisory Commission on Special Education. Listed on CDE’s website are members’ names, email, term and appointing body.
- Advisory Commission on Charter Schools. Listed on CDE’s website are members’ names, group representing, biography, and terms of appointment.
SUPPORT
None received
OPPOSITION
None received
-- END --
Discussed in Hearing
Assembly Standing Committee on Education
Senate Floor
Senate Standing Committee on Judiciary
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):