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AAA - Governor Signs AB 1078, Overriding Local Control 102523
AAA - Governor Signs AB 1078, Overriding Local Control 102523
AAA - Governor Signs AB 1078, Overriding Local Control 102523
GOVERNANCE
A significant theme of the 2023 legislative session was the increased attention to
local school boards by policymakers at the state level — both in Gov. Gavin
Newsom’s office and within the Legislature. Fueled by larger, so-called “culture
war” narratives, conflicts over curriculum, the termination of local
superintendents by newly elected board majorities and new policies impacting
LGBTQ students with the intent of increasing “parental rights,” these issues
captured the attention of education news and policymakers in the latter half of the
2023 session.
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10/25/23, 7:30 AM Governor signs AB 1078, overriding local control
On the heels of confrontation with the Temecula Valley Unified School District
over textbook and instructional material adoption, Gov. Newsom signed
Assembly Bill 1078 (Jackson, D-Moreno Valley) on Sept. 25, taking effect
immediately. After multiple iterations, the enacted version of the bill allows for
complaints to be filed directly with the State Superintendent of Public Instruction
against local educational agencies that limit or prohibit the use of inclusive
textbooks, instructional materials or school library materials considered to be in
violation of the California FAIR (Fair, Accurate, Inclusive, and Respectful)
Education Act. Adopted in 2011, the act provided for the diverse inclusion of
individuals and groups who contributed to the history of California and the United
States and prohibited instructional materials that reflected adversely upon these
persons. AB 1078 also provides for immediate state intervention by the State
Superintendent of Public Instruction, including the assessment of financial
penalties upon school districts that do not provide sufficient textbooks or
instructional materials to its students.
CSBA advocacy
Although the bill was reportedly written to create a tool to address student access
to textbooks and instructional materials that reflect the contributions of the
diverse individuals and communities that make up California, CSBA took an
Oppose position on AB 1078 due to the potential unintended consequences for 2
school districts that may make it harder to address textbook insufficiency.
CSBA was successful in having provisions removed in earlier versions of the bill
that would have eroded local control. Among those struck were requirements that
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10/25/23, 7:30 AM Governor signs AB 1078, overriding local control
a school district governing board get approval from the State Board of Education
before making changes to district textbooks and instructional materials and a
requirement that individual board members be called out by name on the district’s
and county office of education’s website homepage for textbook deficiencies.
However, the bill still allows an insufficiency at a school district to be the subject
of multiple independent complaints, investigations and potentially inconsistent
enforcement actions taken by local, county and state officials. Furthermore, a
district may not be given time to investigate or correct the issue — as is required
by current statutes and regulations — before the state intervenes. Overlapping
complaints may also result in conflicting remedy proposals, distract school district
leaders and staff from the needs of students and result in greater loss of
educational resources.
As a result of the urgency clause making the bill effective upon the Governor’s
signature, LEAs have no lead time to address the new requirements.
Senate Bill 494 was authored by Sen. Josh Newman (D-Fullerton) in response to
a situation in his home district. The bill would prohibit a school board from taking
action to terminate a superintendent or assistant superintendent without cause at a
special or emergency meeting of the governing board or within 30 calendar days
2
after the first convening of the board after an election of one or more of its
members. CSBA was successful in working with Sen. Newman and the Assembly
Education Committee to secure amendments that protect a board’s authority to act
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10/25/23, 7:30 AM Governor signs AB 1078, overriding local control
during months when a regular meeting is not scheduled and kept the waiting
period to no more than 30 calendar days. SB 494 is awaiting the Governor’s
signature.
https://publications.csba.org/california-school-news/october-2023/governor-signs-ab-1078-overriding-local-control/ 4/5
10/25/23, 7:30 AM Governor signs AB 1078, overriding local control
What’s next?
At the time of this writing, SB 494 is expected to be signed by Gov. Newsom and
become law, and it is anticipated that AB 1352 will make a return when the
Legislature reconvenes in 2024. As these conversations around local control and
board of education governance continue to evolve, CSBA will remain engaged
with policymakers in Sacramento and provide additional updates and guidance to
local governing board members as they contend with the changing landscape.
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2
California School Boards Association
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