AB 2117: State Board of Education: Superintendent of Public Instruction: Education Commissioner.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(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.

Sponsors

Sponsors by party (alphabetical): Democratic 2

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 29, 2026In committee: Set, first hearing. Hearing canceled at the request of author.
2. May 27, 2026Referred to Com. on ED.
3. May 12, 2026In Senate. Read first time. To Com. on RLS. for assignment.
4. May 11, 2026Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 4. Page 5004.)
5. May 7, 2026Read second time. Ordered to third reading.
6. May 6, 2026From committee: Do pass. (Ayes 14. Noes 0.) (May 6).
7. April 29, 2026Re-referred to Com. on APPR.
8. April 28, 2026Read second time and amended.
9. April 27, 2026From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22).
10. March 31, 2026In committee: Hearing postponed by committee.
11. March 19, 2026Re-referred to Com. on ED.
12. March 18, 2026From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.