K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - California

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The governor holds supreme executive power in the state of California. The governor must see that the law is faithfully executed.

The governor has signing and veto power over bills passed by the legislature. The governor may reduce or eliminate one or more items of appropriation while approving other portions of a bill.

Additionally, the governor recommends a budget each fiscal year.

 
What is the appointment authority provided to the governor in education? The governor appoints all members of the state board of education with the advice and consent of two-thirds of the senate.
Are the governor’s duties and powers and found in the state constitution? Yes
Are the governor’s duties and powers and found in the state statute? Yes
Citation Cal.Const. Art. 5, § 1
Cal.Const. Art. 4, § 10
Cal.Const. Art. 4, § 12
Cal.Educ.Code § 33000
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power of the state is vested in the California Legislature.

The legislature is required to provide for a system of common schools in which free school is supported in each district for at least six months in every year.
What is the appointment or confirmation authority of the legislature in education? The senate provides advice and consent on governor's appointments to the state board of education. A two-thirds majority is required for confirmation of members.
Which committees in the legislature have jurisdiction over education issues? Assembly:
Education
Subcommittee on Education Finance

Senate:
Education
Constitutional? Yes
Statutory? Yes
Citations Cal.Const. Art. 4, § 1
Cal.Const. Art. 9, § 5
Cal.Educ.Code § 33000
Chief State School Officer
What are the duties of the chief state officer? The superintendent of public instruction acts as the head administrative officer for education in California.

The superintendent will execute the policies decided by the board of education and direct the work of the employees of the board.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The superintendent may employ a deputy and necessary clerical and expert assistants.

The superintendent of public instruction has the authority to enter or oversee contracts for the department of education.
How is the chief state school officer selected? The superintendent is elected through a nonpartisan ballot and may not serve more than two terms.
Constitutional? Yes
Statutory? Yes
Citation Cal.Educ.Code § 33111
Cal.Educ.Code § 33112
Cal.Educ.Code § 33110
Cal.Const. Art. 2, § 6
Cal.Const. Art. 9, § 2
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education determines all questions of policy within its powers.

The board is required to adopt policies for its own government, for the government of its appointees and employees, for the government of elementary and secondary schools, and for the government of any other schools except for state universities.

The board must also study the educational needs and conditions of the states.
What is the composition of the state board of education? The state board of education consists of ten members.
How are members of the state board of education selected? The state board of education is appointed by the governor with the advice and consent of two-thirds of the senate.
Constitutional? No
Statutory? Yes
Citation Cal.Educ.Code § 33030
Cal.Educ.Code § 33031
Cal.Educ.Code § 33032
Cal.Educ.Code § 33000
Executive-Level Secretary
Does the state have an executive-level secretary? The state superintendent of public instruction serves as the ex officio director of education.

The superintendent of public instruction may employ one deputy superintendent of public instruction.
What other duties does the executive-level secretary have? The director of education serves as the executive officer to the state board of education.
Constitutional? No
Statutory? Yes
Citation Cal.Educ.Code § 33110
Cal.Educ.Code § 33301

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