AB 2117

(1) Existing law establishes the State Board of Education to adopt policies, and to establish rules and regulations, not inconsistent with the laws of the state, to govern the public elementary and secondary schools of the state. Existing law provides that the state board consists of 11 members, including 10 members who are appointed by the Governor to 4-year terms with the advice and consent of 23 of the Senate and a student member appointed by the Governor to a one-year term with the advice and consent of 23 of the Senate.

This bill, commencing January 15, 2027, would add the Superintendent of Public Instruction to the state board by replacing one of the nonstudent positions that expires on January 15, 2027, with the Superintendent, thereby maintaining the state board's 11-member composition. The bill also would, commencing January 15, 2027, replace 4 of the existing positions that are appointed by the Governor with the advice and consent of 23 of the Senate with 2 members who are appointed by the President pro Tempore of the Senate and 2 members who are appointed by the Speaker of the Assembly, as provided.

(2) Existing law requires the State Department of Education to be administered through the state board, which is the governing and policy determining body of the department, and the Director of Education, in whom all executive and administrative functions of the department are vested and who is the executive officer of the state board and the department. Existing law provides that the Superintendent is the ex officio Director of Education, and requires the department to be conducted under the control of the Director of Education. Existing law assigns to the Superintendent numerous duties related to the state board and the department.

This bill would revise and recast those provisions by, among other things, (A) deleting the provision in existing law that establishes the Superintendent as the ex officio Director of Education, (B) vesting all executive and administrative functions of the department in an Education Commissioner to be appointed by, and serve at the pleasure of, the Governor and confirmed by the Senate after January 1, 2027, (C) transferring various duties of the Superintendent and the Director of Education relating to, among other things, the state board and the department, to the Education Commissioner, and (D) providing for the transfer, as specified, of certain employees (i) of the state board to the department, (ii) of the Superintendent to the department, and (iii) of the department to the Office of the Superintendent of Public Instruction, which the bill would establish, as specified. The bill would delay to July 1, 2027, the operative date of some of these provisions.

This bill would require the Education Commissioner to create a plan no later than June 30, 2027, to transition the functions and operations of the department and other related activities from the Superintendent to the Education Commissioner, as provided. The bill would require the Superintendent to serve as an independent evaluator and cross-sector coordinator for public education, covering preschool through higher education, with specified duties. The bill would require the Superintendent to conduct independent evaluations of specified education initiatives and authorize the Superintendent to conduct independent evaluations of other education initiatives.

This bill would prohibit the Superintendent and the Education Commissioner from holding positions of outside employment and would require all philanthropic foundations of the department to be dissolved no later than June 30, 2028.

(3) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. The board of governors consists of 18 voting members, as provided.

This bill, commencing July 1, 2027, would add the Superintendent to the board of governors as a 19th voting member.