California 2009-2010 Regular Session Status: Passed Assembly

AB 791 — Oakland Unified School District: governance.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires the Superintendent of Public Instruction to assume all the rights, duties, and powers of the governing board of the Oakland Unified School District and to appoint an administrator to act on behalf of the Superintendent in exercising the authority of the Superintendent over the school district. The authority of the Superintendent and the administrator over the school district is required to continue until certain enumerated conditions are met, including the completion of an improvement plan for the district. Existing law requires the County Office Fiscal Crisis and Management Assistance Team (FCMAT) to prepare the improvement plan for the school district, as provided, by July 1, 2003, and requires FCMAT to report on the implementation of the plan, as specified. This bill would require the Superintendent to return the authority for each operational area for which the most recent annual progress report prepared and submitted by FCMAT recommends the authority be returned to the governing board by July 1 of each year. The bill would provide that, if FCMAT recommends in its most recent progress report that authority over any operational area or areas be within the authority of the state administrator, the Superintendent would be authorized, in his or her sole discretion, to require that authority for the operational area or areas be returned to, or retained by, the state administrator. (2) Existing law requires the governing board of the Oakland Unified School District to serve without compensation as an advisory body during the period that the Superintendent is exercising authority over the district. This bill would entitle the members of the governing board to receive full compensation for services, once authority for one or more operational areas is returned to the governing board, that they would have received prior to the transfer of authority to operate the district to the Superintendent. (3) This bill would declare that due to the unique circumstances regarding governance of the school district, a general statute cannot be made applicable.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Set, second hearing. Hearing canceled at the request of author.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. In committee: Hearing postponed by committee.

  5. Referred to Com. on ED.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time, passed, and to Senate. (Ayes 46. Noes 29. Page 1763.)

  8. Read second time. To third reading.

  9. From committee: Do pass. (Ayes 11. Noes 4.) (May 20).

  10. Re-referred to Com. on APPR.

  11. Read second time and amended.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 29).

  13. Re-referred to Com. on ED.

  14. From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

  15. Referred to Com. on ED.

  16. From printer. May be heard in committee March 30.

  17. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Swanson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 791 SWANSON Assembly Third Reading

Passed 55 Yea · 32 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 503004
Democratic 4001
Republican 1200
Total 553205
% of votes cast 60%35%0%5%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Coto — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Davis — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Conway — Nay
DeVore — Nay
Duvall — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Evans — Not Voting
Feuer — Yea
Fuller — Nay
Furutani — Yea
Garrick — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Saldana — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Not Voting
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Price — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Not Voting
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Nay
Swanson — Yea
Torrico — Yea
Cook — Nay
Emmerson — Nay
Eng — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14401
Democratic 1000
Republican 0100
Total 15501
% of votes cast 71%24%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Fuentes — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Duvall — Nay
Miller — Not Voting
Nielsen — Nay
Price — Yea
Solorio — Yea
Ammiano — Yea
Harkey — Nay
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 791 do?
(1) Existing law requires the Superintendent of Public Instruction to assume all the rights, duties, and powers of the governing board of the Oakland Unified School District and to appoint an administrator to act on behalf of the Superintendent in exercising the authority of the Superintendent over the school district. The authority of the Superintendent and the administrator over the school district is required to continue until certain enumerated conditions are met, including the completion of an improvement plan for the district. Existing law requires the County Office Fiscal Crisis and Management Assistance Team (FCMAT) to prepare the improvement plan for the school district, as provided, by July 1, 2003, and requires FCMAT to report on the implementation of the plan, as specified. This bill would require the Superintendent to return the authority for each operational area for which the most recent annual progress report prepared and submitted by FCMAT recommends the authority be returned to the governing board by July 1 of each year. The bill would provide that, if FCMAT recommends in its most recent progress report that authority over any operational area or areas be within the authority of the state administrator, the Superintendent would be authorized, in his or her sole discretion, to require that authority for the operational area or areas be returned to, or retained by, the state administrator. (2) Existing law requires the governing board of the Oakland Unified School District to serve without compensation as an advisory body during the period that the Superintendent is exercising authority over the district. This bill would entitle the members of the governing board to receive full compensation for services, once authority for one or more operational areas is returned to the governing board, that they would have received prior to the transfer of authority to operate the district to the Superintendent. (3) This bill would declare that due to the unique circumstances regarding governance of the school district, a general statute cannot be made applicable.
Who sponsors AB 791?
AB 791 is sponsored by Swanson.
What is the current status of AB 791?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 791?
Track AB 791 free on One Click Politics — get push/email alerts when it moves.

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