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AB-1352 Governing boards of school districts: censure or removal of members.(2023-2024)

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Date Published: 06/20/2023 09:00 PM
AB1352:v97#DOCUMENT

Amended  IN  Senate  June 20, 2023
Amended  IN  Assembly  May 18, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1352

Introduced by Assembly Member Bonta
(Coauthor: Assembly Member Berman)

February 16, 2023

An act to amend Section 8281 of the Education Code, and to amend Section 10348 of the Welfare and Institutions Code, relating to childcare, and declaring the urgency thereof, to take effect immediately. add Section 35173 to, and to add Article 6.5 (commencing with Section 237) to Chapter 2 of Part 1 of Division 1 of Title 1 of, the Education Code, relating to school districts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1352, as amended, Bonta. Childcare: individualized county childcare subsidy plans. Governing boards of school districts: censure or removal of members.
Existing law prohibits a school district from sponsoring any activity that promotes a discriminatory bias on the basis of certain protected characteristics, including race or ethnicity, gender, religion, disability, nationality, or sexual orientation. Existing law prohibits the governing board of a school district from adopting any textbooks or other instructional materials that contain any matter reflecting adversely upon persons on the basis of those characteristics. Existing law requires the governing board of a school district, when adopting instructional materials, to include only materials that accurately portray the cultural and racial diversity of society, as specified.
This bill would expressly prohibit the governing board of a school district from taking an action that contradicts any existing law requiring a school district to have inclusive policies, practices, and curriculum. The bill would authorize the governing board of a school district to censure a member or, by a 2/3 vote of the governing board, remove a member from office if the member prevents the governing board from conducting its business or adopts a policy that contradicts any existing law requiring a school district to have inclusive policies, practices, and curriculum.

(1)Existing law requires the State Department of Social Services and the State Department of Education, on or before June 30, 2022, to review the existing individualized county childcare pilot program and provide a report to the appropriate policy and fiscal committees of the Legislature. Existing law requires the report to include recommendations on what flexibilities currently available to individualized county childcare pilot programs should be adopted statewide, and what flexibilities available to individualized county childcare pilot programs are no longer justified given statewide policy changes. Existing law, until July 1, 2023, authorizes specified counties to develop and implement individualized county childcare subsidy plans.

This bill would extend the authorization for the specified counties to develop and implement individualized county childcare subsidy plans to July 1, 2025.

(2)This bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6.5 (commencing with Section 237) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:
Article  6.5. Inclusive Policies, Practices, and Curriculum

237.
 The governing board of a school district shall not take an action that contradicts any existing law requiring a school district to have inclusive policies, practices, and curriculum, including, but not limited to, Sections 51204.5, 51500, 51501, 60040, and 60044.

SEC. 2.

 Section 35173 is added to the Education Code, to read:

35173.
 (a) The governing board of a school district may censure a member or remove a member from office if the member does either of the following:
(1) Prevents the governing board from conducting its business.
(2) Adopts a policy that contradicts any existing law requiring a school district to have inclusive policies, practices, and curriculum.
(b) (1) The governing board of a school district may remove a member from office pursuant to subdivision (a) only by a two-thirds vote of its membership.
(2) A member of the governing board of a school district who is the subject of a vote for censure or removal from office pursuant to subdivision (a) shall not participate in the vote on whether to censure the member or remove the member from office.

SECTION 1.Section 8281 of the Education Code is amended to read:
8281.

This article shall remain in effect only until July 1, 2025, and as of that date is inoperative.

SEC. 2.Section 10348 of the Welfare and Institutions Code is amended to read:
10348.

This chapter shall remain in effect only until July 1, 2025, and as of that date is inoperative.

SEC. 3.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

To ensure that current individualized county childcare subsidy plans remain in effect without interruption, it is necessary for this act to take effect immediately.