California 2009-2010, 5th Special Session Status: To Executive

SB 4 — Public schools: Race to the Top.

Last action — Chaptered by Secretary of State. Chapter 3, Statutes of 2009-10 Fifth Extraordinary Session.

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

This bill died with 2009-2010, 5th Special 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 each person between the ages of 6 and 18 years not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district in which his or her parent or guardian is a resident. Existing law authorizes 2 school districts to enter into an agreement that allows pupils to transfer between the 2 districts. This bill would establish the Open Enrollment Act to enable pupils residing in the state to attend public schools in school districts other than their school district of residence, as defined. The bill would authorize the parent or guardian of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined. The bill would authorize a school district of enrollment, as defined, to adopt specific, written standards for acceptance and rejection of applications for enrollment, subject to specified conditions and a specified priority scheme for applicants. Within 60 days of receiving an application for enrollment, the bill would require a school district of enrollment to notify the applicant parent or guardian and the school district of residence, as defined, in writing whether the application has been accepted or rejected and, if an application is rejected, state in the notification the reasons for the rejection. The bill would require the State Board of Education to adopt emergency regulations to implement these provisions. The bill would require the Superintendent to contract for an independent evaluation of the program using federal funds appropriated for that purpose and to provide a final evaluation report to the Legislature, the Governor, and the state board on or before October 1, 2014. By requiring school districts to perform additional duties regarding the enrollment of nonresident pupils, this bill would impose a state-mandated local program. (2) The federal American Recovery and Reinvestment Act of 2009 (ARRA) , provides $4.3 billion for the State Incentive Grant Fund (Race to the Top Fund) , which is a competitive grant program designed to encourage and reward states that are implementing specified educational objectives. The ARRA requires a governor to apply on behalf of a state seeking a Race to the Top grant, and requires the application to include specified information. The United States Secretary of Education has issued regulations and guidelines regarding state eligibility under the Race to the Top program. This bill would require a local educational agency to implement one of several specified reforms for any other school which, after one full school year, is subject to corrective action pursuant to a specified provision of federal law and continues to fail to make adequate yearly progress, and have an Academic Performance Index score of less than 800, and where at least12 of the parents or legal guardians of pupils attending the school, or a combination of at least12 of the parents or legal guardians of pupils attending the school and the elementary or middle schools that normally matriculate into a middle or high school, as applicable, sign a petition requesting the local educational agency to implement one of the alternative governance arrangements, unless the local educational agency makes a finding in writing why it cannot implement the recommended arrangement and instead designates in writing which of the other alternative governance arrangements it will implement in the subsequent school year. The bill would require the local educational agency to notify the Superintendent and the state board if it decides to implement a different alternative governance option. The bill would limit this procedure to no more than 75 schools. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (4) The bill would provide that it would become operative only if SB 1 of the 5th Extraordinary Session is also enacted and becomes operative.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 3, Statutes of 2009-10 Fifth Extraordinary Session.

  2. Approved by Governor.

  3. (Corrected January 6.)

  4. Enrolled. To Governor at 9:30 a.m.

  5. Senate concurs in Assembly amendments. (Ayes 23. Noes 11. Page 41.) To enrollment.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 3. Page 43.)

  7. From committee: That the Assembly amendments be concurred in. But first re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 43.) Re-referred to Com. on APPR.

  8. From committee: Pursuant to Senate Rule 29.10, be re-referred to Coms. on ED. and APPR. (Ayes 5. Noes 0. Page 38.) Re-referred to Com. on ED.

  9. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  10. In Senate. To unfinished business.

  11. Read third time. Passed. (Ayes 41. Noes 27. Page 66.) To Senate.

  12. Read second time.

  13. From committee: Do pass. (Ayes 11. Noes 4.)

  14. (Ayes 59. Noes 0. Page 63.)

  15. Art. IV, Sec. 8(b), of Constitution dispensed with.

  16. (Heard in committee on January 5.)

  17. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 4.) Re-referred to Com. on APPR.

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

  19. To Coms. on ED. and APPR.

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

  21. Read third time. Passed. (Ayes 21. Noes 7. Page 33.) To Assembly.

  22. Amended.

  23. Read second time.

  24. (Ayes 28. Noes 0. Page 32.)

  25. Art. IV, Sec. 8(b), of Constitution dispensed with.

  26. From committee: Do pass as amended. (Ayes 8. Noes 3. Page 34.)

  27. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 34.) Re-referred to Com. on APPR.

  28. Introduced. Read first time. To Com. on ED.

Sponsors

  • Wyland · Cosponsor
  • Romero · Primary
  • Huff · Cosponsor
  • Alquist · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 3 voted No

Sponsors (1)

  • Romero

Co-sponsors (3)

  • Wyland
  • Huff
  • Alquist

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

From committee: That the Assembly Amendments be concurred in.

Passed 8 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8302
Total 8302
% of votes cast 62%23%0%15%
How each member voted (13)
Member Party Vote
Wyland — Yea
Corbett — Nay
Cox — Yea
Denham — Yea
Yee — Nay
Kehoe — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Runner — Yea
Hancock — Not Voting
Leno — Nay
Wolk — Not Voting

Official roll call →

W/O REF. TO FILE SB4 ROMERO

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201105
Democratic 2100
Republican 1000
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Wyland — Yea
Cogdill — Yea
Correa — Nay
Cox — Yea
DeSaulnier — Nay
Denham — Yea
Florez — Yea
Yee — Nay
Hancock — Not Voting
Cedillo — Yea
Huff — Yea
Oropeza — Yea
Alquist — Yea
Dutton — Yea
Price — Yea
Runner — Yea
Negrete — Nay
Harman — Not Voting
Ashburn — Not Voting
Corbett — Nay
Ducheny — Nay
Leno — Nay
McLeod — Nay
Pavley — Nay
Steinberg — Yea
Walters — Yea
Wolk — Nay
Wright — Nay
Aanestad — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Not Voting
Maldonado — Yea
Romero — Yea
Simitian — Yea
Wiggins — Not Voting
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13502
Democratic 1000
Republican 1000
Total 15502
% of votes cast 68%23%0%9%
How each member voted (22)
Member Party Vote
Coto — Yea
Davis — Not Voting
Fuentes — Nay
Charles — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
De — Nay
Leon — Nay
Conway — Yea
Hall — Yea
Harkey — Yea
Ammiano — Nay
Bradford — Not Voting
Miller — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Nay
Nielsen — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12402
Democratic 1001
Total 13403
% of votes cast 65%20%0%15%
How each member voted (20)
Member Party Vote
Garrick — Yea
Hall — Yea
Hill — Yea
Gaines — Yea
John — Yea
A. — Yea
Perez — Yea
Bonnie — Not Voting
Chesbro — Nay
Huffman — Yea
Logue — Yea
Ammiano — Nay
Nestande — Yea
Torlakson — Nay
Brownley — Nay
Buchanan — Not Voting
Miller — Yea
Solorio — Yea
Arambula, Joaquin Democratic Yea
Lowenthal, Josh Democratic Not Voting

Official roll call →

SB4 Romero Senate Third Reading By ARAMBULA Fifth Extraordinary Session

Passed 47 Yea · 33 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4230010
Democratic 3200
Republican 2100
Total 4733010
% of votes cast 52%37%0%11%
How each member voted (90)
Member Party Vote
Carter — Not Voting
Emmerson — Yea
Evans — Nay
Yamada — Nay
Fuller — Yea
Garrick — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Adams — Yea
Charles — Yea
Eng — Nay
Feuer — Yea
Fuentes — Nay
Gaines — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Audra — Yea
Chesbro — Nay
Conway — Yea
Cook — Yea
Furutani — Nay
Galgiani — Yea
Gilmore — Yea
De — Nay
La — Nay
Torre — Nay
De — Nay
Leon — Nay
Bonnie — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Salas — Nay
Coto — Yea
Hagman — Yea
Hall — Yea
Hayashi — Nay
Bass — Yea
Beall — Nay
Davis — Yea
DeVore — Yea
Hill — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Nay
Miller — Yea
Nava — Nay
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Nay
Torlakson — Nay
Torrico — Nay
Tran — Yea
Fletcher — Not Voting
Saldana — Not Voting
Hernandez — Not Voting
Huber — Not Voting
Villines — Not Voting
Ammiano — Nay
Anderson — Not Voting
Blakeslee — Yea
Block — Not Voting
Blumenfield — Not Voting
Bradford — Nay
Brownley — Nay
Buchanan — Not Voting
Harkey — Yea
Huffman — Yea
Lieu — Nay
Ma — Nay
Monning — Nay
Silva — Yea
Solorio — Yea
Torres — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

W/O REF. TO FILE SB4 Romero

Passed 21 Yea · 8 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 178011
Democratic 3000
Republican 1000
Total 218011
% of votes cast 53%20%0%28%
How each member voted (40)
Member Party Vote
Cogdill — Yea
Corbett — Nay
Correa — Not Voting
Cox — Yea
DeSaulnier — Nay
Denham — Yea
Yee — Nay
Hancock — Not Voting
Cedillo — Yea
Wyland — Yea
Runner — Yea
Florez — Yea
Negrete — Nay
Ducheny — Not Voting
Harman — Yea
Hollingsworth — Not Voting
Dutton — Not Voting
Kehoe — Not Voting
Leno — Nay
Liu — Yea
McLeod — Nay
Ashburn — Yea
Oropeza — Not Voting
Pavley — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Not Voting
Wolk — Nay
Aanestad — Yea
Alquist — Not Voting
Huff — Yea
Maldonado — Yea
Simitian — Yea
Wright — Nay
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8302
Total 8302
% of votes cast 62%23%0%15%
How each member voted (13)
Member Party Vote
Corbett — Nay
Cox — Yea
Denham — Yea
Yee — Nay
Wyland — Yea
Runner — Yea
Hancock — Not Voting
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Not Voting
Wolk — Nay
Kehoe — Yea

Official roll call →

Subjects

education
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 4 do?
(1) Existing law requires each person between the ages of 6 and 18 years not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district in which his or her parent or guardian is a resident. Existing law authorizes 2 school districts to enter into an agreement that allows pupils to transfer between the 2 districts. This bill would establish the Open Enrollment Act to enable pupils residing in the state to attend public schools in school districts other than their school district of residence, as defined. The bill would authorize the parent or guardian of a pupil enrolled in a low-achieving school, as defined, to submit an application for the pupil to attend a school in a school district of enrollment, as defined. The bill would authorize a school district of enrollment, as defined, to adopt specific, written standards for acceptance and rejection of applications for enrollment, subject to specified conditions and a specified priority scheme for applicants. Within 60 days of receiving an application for enrollment, the bill would require a school district of enrollment to notify the applicant parent or guardian and the school district of residence, as defined, in writing whether the application has been accepted or rejected and, if an application is rejected, state in the notification the reasons for the rejection. The bill would require the State Board of Education to adopt emergency regulations to implement these provisions. The bill would require the Superintendent to contract for an independent evaluation of the program using federal funds appropriated for that purpose and to provide a final evaluation report to the Legislature, the Governor, and the state board on or before October 1, 2014. By requiring school districts to perform additional duties regarding the enrollment of nonresident pupils, this bill would impose a state-mandated local program. (2) The federal American Recovery and Reinvestment Act of 2009 (ARRA) , provides $4.3 billion for the State Incentive Grant Fund (Race to the Top Fund) , which is a competitive grant program designed to encourage and reward states that are implementing specified educational objectives. The ARRA requires a governor to apply on behalf of a state seeking a Race to the Top grant, and requires the application to include specified information. The United States Secretary of Education has issued regulations and guidelines regarding state eligibility under the Race to the Top program. This bill would require a local educational agency to implement one of several specified reforms for any other school which, after one full school year, is subject to corrective action pursuant to a specified provision of federal law and continues to fail to make adequate yearly progress, and have an Academic Performance Index score of less than 800, and where at least12 of the parents or legal guardians of pupils attending the school, or a combination of at least12 of the parents or legal guardians of pupils attending the school and the elementary or middle schools that normally matriculate into a middle or high school, as applicable, sign a petition requesting the local educational agency to implement one of the alternative governance arrangements, unless the local educational agency makes a finding in writing why it cannot implement the recommended arrangement and instead designates in writing which of the other alternative governance arrangements it will implement in the subsequent school year. The bill would require the local educational agency to notify the Superintendent and the state board if it decides to implement a different alternative governance option. The bill would limit this procedure to no more than 75 schools. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (4) The bill would provide that it would become operative only if SB 1 of the 5th Extraordinary Session is also enacted and becomes operative.
Who sponsors SB 4?
SB 4 is sponsored by Wyland, Romero, Huff, and Alquist.
What is the current status of SB 4?
This bill died with 2009-2010, 5th Special 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 4?
Track SB 4 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 4

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 4

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →