California 2009-2010 Regular Session Status: To Executive

SB 1116 — Heritage school instruction.

Last action — Chaptered by Secretary of State. Chapter 286, Statutes of 2010.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 every entity offering or conducting private school instruction on the elementary or high school level to annually verify information by filing with the Superintendent of Public Instruction an affidavit or statement under penalty of perjury setting forth specified information relating to the current year. The affidavit or statement must be made available to any parent or guardian whose child is currently enrolled or is considering whether to enroll his or her child in the school, as specified. If the employees of any entities that have a contract with a private school to provide specified services may have any contact with pupils, those employees are required to submit their fingerprints to the Department of Justice for a background check. The Department of Justice is authorized to notify the private school when the employee has a pending criminal case, or a criminal conviction, of specified crimes. Private schools contracting with an entity for construction or other related services where employees of the entity will have other than limited contact with pupils, are required to ensure the safety of the pupils by utilizing one or more methods. This bill would apply a substantially identical verification requirement to heritage schools, which is a school for children that serves children who are at least 4 years and 9 months of age to 18 years of age and who attend a public or private full-time school, and which offers foreign language education or tutoring and cultural education relating to a foreign country. The bill would require every person, firm, association, partnership, or corporation operating a heritage school to annually file with the Superintendent an electronic registration form, under penalty of perjury, by the owner or other head setting forth specified information, together with a fee determined by the Superintendent to be sufficient to cover, but not exceed, the costs of the department in implementing these provisions. Because the bill creates a new crime, it would impose a state-mandated local program. The bill would require heritage school contractors to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees of specified entities that contract with a heritage school to obtain criminal history information, as specified. The Department of Justice would be required to forward requests for criminal history information to the Federal Bureau of Investigation, review reply information received from the bureau, and provide a determination and response to the heritage school contractor. The bill would require the contractor to request subsequent arrest information, as specified, from the Department of Justice. The Department of Justice would be required to charge a sufficient fee for the costs of processing requests for criminal history information. The heritage school would also be required to maintain membership in a state or national cultural or language association, comply with relevant applicable local regulations, and not operate out of a residential home. The bill would require the director of a heritage school to undergo at least 15 hours of health and safety training, as specified, and would require employees and volunteers of the heritage school to be in good health, as verified by a health screening performed by a licensed physician and surgeon. The bill would exempt a heritage school from licensure by the State Department of Social Services as a child day care center, as specified. The bill would require a heritage school to provide a notice to the parent or guardian of a pupil enrolling in the school stating that the school is exempt from child care licensure and that attendance at a heritage school does not satisfy state compulsory education requirements. The bill would establish the Heritage Enrichment Resource Fund. The Superintendent would be authorized to expend moneys deposited in the fund, upon appropriation by statute, as specified. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 286, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 37. Noes 0. Page 4925.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Urgency clause adopted. Passed. (Ayes 75. Noes 0. Page 6672.) To Senate.

  7. Assembly Rule 69(d) suspended. (Page 6463.)

  8. Read third time. Amended. (Page 6425.) To third reading.

  9. Read second time. To third reading.

  10. Read second time. Amended. To second reading.

  11. (Heard in committee August 12.)

  12. From committee: Do pass as amended. (Ayes 17. Noes 0.)

  13. Set, first hearing. Referred to APPR. suspense file.

  14. Joint Rule 62(a) file notice suspended. (Page 5989.)

  15. Read second time. Amended. Re-referred to Com. on APPR.

  16. (Heard in committee on June 30.)

  17. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 8. Noes 0.)

  18. To Com. on ED.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Urgency clause adopted. Passed. (Ayes 28. Noes 0. Page 3659.) To Assembly.

  21. Read second time. Amended. To third reading.

  22. From committee: Do pass as amended. (Ayes 9. Noes 0. Page 3498.)

  23. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  24. Set for hearing May 10.

  25. Hearing postponed by committee.

  26. Set for hearing May 3.

  27. Hearing postponed by committee.

  28. Set for hearing April 26.

  29. Re-referred to Com. on APPR.

  30. Withdrawn from committee.

  31. Set for hearing April 20.

  32. Read second time. Amended. Re-referred to Com. on PUB. S.

  33. From committee: Do pass as amended, but first amend, and re-refer to Com. on PUB. S. (Ayes 7. Noes 0. Page 3016.)

  34. Set for hearing March 24.

  35. To Coms. on ED. and PUB. S.

  36. From print. May be acted upon on or after March 20.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Alquist · Cosponsor
  • Huff · Primary
  • Liu · Cosponsor
  • Romero · Cosponsor
  • Tran · Cosponsor
  • Yee · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Huff

Co-sponsors (5)

  • Alquist
  • Liu
  • Romero
  • Tran
  • Yee

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Corbett — Yea
Oropeza — Not Voting
Price — Yea
Alquist — Yea
Ducheny — Yea
Dutton — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Blakeslee — Yea
Harman — Yea
Kehoe — Yea
Pavley — Yea
Romero — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 87 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 3000
Republican 3000
Total 87003
% of votes cast 97%0%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Anderson — Yea
Beall — Yea
DeVore — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Miller — Not Voting
Norby — Not Voting
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Lieu — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Swanson — Yea
Tran — Yea
Eng — Yea
Evans — Yea
Yamada — Yea
Fuentes — Not Voting
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Hall — Yea
Conway — Yea
Harkey — Yea
De — Yea
Leon — Yea
Miller — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Torrico — Yea
Bradford — Yea
Huffman — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea

Official roll call →

Passed 28 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 250011
Democratic 2000
Republican 1000
Total 280011
% of votes cast 72%0%0%28%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Hollingsworth — Yea
Huff — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Runner — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Negrete — Not Voting
Florez — Not Voting
Cogdill — Not Voting
McLeod — Not Voting
Wiggins — Not Voting
Aanestad — Not Voting
Alquist — Yea
Ashburn — Yea
Harman — Not Voting
Oropeza — Not Voting
Price — Yea
Walters — Not Voting
Wright — Yea
Cedillo — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Not Voting
Kehoe — Yea
Cox — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Leno — Yea
Walters — Yea
Denham — Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1116 do?
(1) Existing law requires every entity offering or conducting private school instruction on the elementary or high school level to annually verify information by filing with the Superintendent of Public Instruction an affidavit or statement under penalty of perjury setting forth specified information relating to the current year. The affidavit or statement must be made available to any parent or guardian whose child is currently enrolled or is considering whether to enroll his or her child in the school, as specified. If the employees of any entities that have a contract with a private school to provide specified services may have any contact with pupils, those employees are required to submit their fingerprints to the Department of Justice for a background check. The Department of Justice is authorized to notify the private school when the employee has a pending criminal case, or a criminal conviction, of specified crimes. Private schools contracting with an entity for construction or other related services where employees of the entity will have other than limited contact with pupils, are required to ensure the safety of the pupils by utilizing one or more methods. This bill would apply a substantially identical verification requirement to heritage schools, which is a school for children that serves children who are at least 4 years and 9 months of age to 18 years of age and who attend a public or private full-time school, and which offers foreign language education or tutoring and cultural education relating to a foreign country. The bill would require every person, firm, association, partnership, or corporation operating a heritage school to annually file with the Superintendent an electronic registration form, under penalty of perjury, by the owner or other head setting forth specified information, together with a fee determined by the Superintendent to be sufficient to cover, but not exceed, the costs of the department in implementing these provisions. Because the bill creates a new crime, it would impose a state-mandated local program. The bill would require heritage school contractors to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees of specified entities that contract with a heritage school to obtain criminal history information, as specified. The Department of Justice would be required to forward requests for criminal history information to the Federal Bureau of Investigation, review reply information received from the bureau, and provide a determination and response to the heritage school contractor. The bill would require the contractor to request subsequent arrest information, as specified, from the Department of Justice. The Department of Justice would be required to charge a sufficient fee for the costs of processing requests for criminal history information. The heritage school would also be required to maintain membership in a state or national cultural or language association, comply with relevant applicable local regulations, and not operate out of a residential home. The bill would require the director of a heritage school to undergo at least 15 hours of health and safety training, as specified, and would require employees and volunteers of the heritage school to be in good health, as verified by a health screening performed by a licensed physician and surgeon. The bill would exempt a heritage school from licensure by the State Department of Social Services as a child day care center, as specified. The bill would require a heritage school to provide a notice to the parent or guardian of a pupil enrolling in the school stating that the school is exempt from child care licensure and that attendance at a heritage school does not satisfy state compulsory education requirements. The bill would establish the Heritage Enrichment Resource Fund. The Superintendent would be authorized to expend moneys deposited in the fund, upon appropriation by statute, as specified. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 1116?
SB 1116 is sponsored by Alquist, Huff, Liu, Romero, Tran, and Yee.
What is the current status of SB 1116?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 SB 1116?
Track SB 1116 free on One Click Politics — get push/email alerts when it moves.

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