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Bills on the Move

By Andrew Keller - April 28, 2011

 

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Committee action in the Capitol was in high gear this week; however, fast-approaching legislative deadlines mean this is only the beginning of the action. Both Education committees will meet next week to hear the next round of bills in the midst of the ongoing budget debate. In fact, Budget Subcommittees on Education in both houses will be meeting, adding to the already frenetic pace here in Sacramento. Here are the summaries of the bills in Education committees next week.

 

Finance

AB 18  (Brownley D)   School-based financial reporting system.  
Introduced: 12/6/2010
Status: 1/24/2011-Referred to Com. on ED.

Summary: Existing law establishes the public school system in this state, and, among other things, provides for the establishment of school districts throughout the state and for their provision of instruction at the public elementary and secondary schools they operate and maintain. Existing law establishes a public school funding system that includes, among other elements, the provision of funding to local educational agencies through state apportionments, the proceeds of property taxes collected at the local level, and other sources. This bill would require the Superintendent of Public Instruction, on or before December 1, 2012, to make recommendations to the Legislature and the Governor regarding prescribed topics relating to the statutory and regulatory changes that would be necessary to support the development, implementation, and use of comprehensive school-level financial data. These provisions would be repealed on December 1, 2015. The bill would require the Superintendent, on or before July 1, 2012, to make all ministerial changes that are necessary to support the future reporting of school-level financial data by local educational agencies, as specified. The bill also would require the Superintendent, on or before July 1, 2012, and annually thereafter, to notify the superintendent of each school district and county office of education, and the administrator of each charter school, of specified items relating to tracking and reporting school-level financial data.

 

AB 719  (Block D)  Special education: funding.
Introduced: 2/17/2011  Last Amended: 3/25/2011
Status: 3/29/2011-Re-referred to Com. on ED.

Summary: Existing law, until July 1, 2011, requires the Superintendent of Public Instruction to make prescribed computations each fiscal year to determine an adjusted entitlement to be apportioned to each special education local plan area for each incidence of disability. This bill would instead provide that these provisions would remain in effect indefinitely by deleting the repeal date. The bill would provide that the Superintendent shall perform the prescribed calculations to determine the adjusted entitlement of each special education local plan area for the incidence of disabilities for the 2011-12 to 2014-15 fiscal years, inclusive, as specified. This bill would state the intent of the Legislature to enact legislation that would update the severity service multiplier that will be used in the special disabilities adjustment formula and that this change use data collected in, or after, 2008 to identify high-need special education local plan areas eligible to receive an adjusted apportionment. This bill would state the intent of the Legislature to provide that the calculation performed by the Superintendent, to determine an adjusted entitlement for each special education local plan area, increasingly be based upon a severity service concentration factor in the 2011-12 to 2015-16 fiscal years, inclusive, as specified.

 

SB 275  (Hancock D)  Career technical education: funding.
Introduced: 2/14/2011  Last Amended: 4/25/2011
Status: 4/25/2011-From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

Summary: Existing law provides funding for various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. The bill would require the Superintendent to align the accountability measures for regional occupational centers and programs, agricultural career technical educational programs, partnership academies, and specialized secondary education programs into a uniform accountability metric based on specified indicators and pupil data.

 

SB 452  (Berryhill R)  Charter schools: funding.
Introduced: 2/16/2011  Last Amended: 4/6/2011
Status: 4/21/2011-Set for hearing May 4.

Summary: Existing law requires a sponsoring local educational agency, as defined, to transfer to each of its charter schools annually and in monthly installments specified funding in lieu of property taxes. Existing law provides that, if a charter school is granted by a school district, the sponsoring local educational agency is the school district. If a school district initially denies a charter petition that is later approved by the county office of education, existing law makes the school district that denies the petition the sponsoring local educational agency for that charter school. This bill would make a basic aid school district that is the district of residence of pupils who attend either a charter school whose petition is granted by a school district or a charter school whose petition is initially denied by a school district and later approved by a county office of education, the sponsoring local educational agency for those pupils.

 

Curriculum & Instruction

AB 250  (Brownley D)  Instructional materials.
Introduced: 2/3/2011
Status: 2/18/2011-Referred to Com. on ED.

Summary: Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards and authorizes the board to establish criteria for that purpose. Existing law sets forth a schedule for the submission of instructional materials to the state board for adoption. Notwithstanding this schedule, existing law prohibits the state board from adopting instructional materials or following the procedures related to that adoption until the 2013-14 school year. This bill would delete the schedule for submission of instructional materials for foreign languages and health and the exception to the requirement that criteria for the evaluation of instruction be approved when curriculum frameworks are approved or at least 30 months before the date that the materials are to be approved for adoption. The bill would require that materials for mathematics be submitted for adoption in 2014, and for English language arts in 2016.

 

AB 409  (Alejo D)  Pupil assessment: dual language immersion programs.
Introduced: 2/14/2011  Last Amended: 3/14/2011
Status: 3/15/2011-Re-referred to Com. on ED.

Summary: Existing law, the Leroy Greene California Assessment of Academic Achievement Act (hereafter the Greene Act), requires the Superintendent of Public Instruction to design and implement a statewide pupil assessment program and requires school districts, charter schools, and county offices of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests, including a standards-based achievement test pursuant to the Standardized Testing and Reporting (STAR) Program. This bill would authorize the California Department of Education to make these primary language assessments available to school districts and charter schools to assess their nonlimited-English-proficient pupils who are enrolled in a dual language immersion program and would require a school district or charter school that chooses to administer a primary language assessment pursuant to this authority to do so at its own expense.

 

AB 630  (Hueso D)   Pupil safety: bullying.
Introduced: 2/16/2011  Last Amended: 4/26/2011
Status: 4/26/2011-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

Summary: Existing law establishes the School Safety and Violence Prevention Act, a statewide program administered by the Superintendent of Public Instruction, pursuant to which funds are allocated to school districts serving pupils in any of grades 8 to 12, inclusive, for the purpose of promoting school safety and reducing school site violence, including, but not limited to, providing conflict resolution personnel, providing on-campus communication devices, establishing staff training programs, and establishing cooperative arrangements with law enforcement agencies. This bill would express the intent of the Legislature to encourage school districts, at their discretion, to establish programs, to be integrated into the regular curriculum during National Bullying Prevention Month and throughout the year, to reduce bullying through training with appropriate activities and best practice methodologies involving collaboration among pupils and school staff.

 

AB 802  (Blumenfield D)  Online education: school attendance.
Introduced: 2/17/2011
Status: 3/30/2011-In committee: Set, first hearing. Hearing canceled at the request of author.

Summary: Existing law establishes the public elementary and secondary school system in this state, and further establishes a funding system pursuant to which the state apportions funds to local educational agencies based on, among other factors, the average daily attendance of pupils at the schools operated by those agencies. Numerous statutes and regulations govern the calculation and reporting of average daily attendance. This bill, commencing with the 2013-14 fiscal year, would provide that school districts, county offices of education, and charter schools that offer online education courses may claim attendance toward average daily attendance on the basis of a pupil's attendance in an online course or courses that satisfy prescribed criteria.

 

AB 1304  (Block D) Linked learning.  
Introduced: 2/18/2011  Last Amended: 4/25/2011
Status: 4/26/2011-Re-referred to Com. on ED.

Summary: Existing law authorizes the Commission on Teacher Credentialing to issue various types of teaching credentials and authorizations. Existing law establishes multiple pathway programs, which are multiyear comprehensive high school programs of integrated academic and technical study that are organized around a broad theme, interest area, or industry sector. Multiple pathway programs are comprised, among other things, of an integrated core curriculum that meets the eligibility requirements for admission to the University of California and the California State University and is delivered through project-based learning and other engaging instructional strategies that intentionally bring real-world context and relevance to the curriculum where broad themes, interest areas, and career technical education are emphasized. This bill would define "linked learning programs," and would authorize the commission to convene a workgroup consisting of specified members to develop program standards for the issuance of a recognition of study in linked learning, as defined, for linked learning competence for holders of a single subject teaching credential who will be teaching pupils enrolled in linked learning programs, as specified. The bill would authorize the commission to work with the Superintendent of Public Instruction to gather and post, on an appropriate Internet Web site, best practices from school districts and schools on curriculum development and professional development relating to implementing and sustaining multiple pathway programs. The bill would also provide that a recognition in linked learning is not considered a type of authorization, cannot be used as a condition of employment, does not replace subject matter competence requirements, and cannot be used in making certain employment decisions relating to reductions in employee positions.

 

Facilities

SB 132  (Lowenthal D)   School facilities: state planning priorities.
Introduced: 1/27/2011
Status: 4/21/2011-Set for hearing May 4.

Summary: Existing law sets forth state planning priorities that are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state. Those priorities are as follows: (a) to promote infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land, (b) to protect environmental and agricultural resources by protecting, preserving, and enhancing the state's most valuable natural resources, and (c) to encourage efficient development patterns by ensuring that any infrastructure associated with development, other than infill development, supports new development that meets prescribed criteria. This bill would require the State Allocation Board, on or before July 1, 2012, to revise guidelines, rules, regulations, procedures, and policies for the acquisition of school sites and the construction of school facilities pursuant to the Greene Act to reflect the state planning priorities referenced above. The bill also would require, on or after July 1, 2012, a school district, as part of an application for funding under the Greene Act, to certify that a school site or school facility included in that application promote those state planning priorities.

 

Human Resources

AB 48  (John A. Pérez D)  Teachers: best practices teacher evaluation.
Introduced: 12/6/2010  Last Amended: 4/26/2011
Status: 4/26/2011-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

Summary: PB 03.07.2011 Existing law provides that in the development and adoption of guidelines and procedures for evaluation and assessment, that the governing board shall avail itself of the advice of the certificated instructional personnel in the district’s organization of certificated personnel, as specified. This bill would instead require that the procedures to be used for evaluation of certificated employees shall be subject to specified provisions of law regarding the scope of representation by the exclusive representative of certificated employees and that the school governing board shall consult with the exclusive representative of certificated employees with respect to all other matters related to the evaluation of certificated employees.

 

SB 772  (Alquist D)  Education personnel: compensation.
Introduced: 2/18/2011  Last Amended: 4/25/2011
Status: 4/25/2011-From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

Summary: Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies, including school districts, that establish and operate the schools and provide instruction to pupils throughout the state. Existing law also establishes the California Community Colleges as one of the segments of public postsecondary education in the state. This bill would prohibit a school district or a charter school , on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment, or that provides a pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. This provision would not apply to an employee who is terminated for cause, or provided with notice of possible termination for cause, due to a disciplinary action.

 

Miscellaneous

AB 203  (Brownley D)  Public schools: parent empowerment: school intervention.
Introduced: 1/27/2011  Last Amended: 3/21/2011
Status: 3/22/2011-Re-referred to Com. on ED.

Summary: Existing law requires a local educational agency to implement one of several specified interventions for a school not identified as a persistently lowest achieving school that, after one full school year, fails to meet specified criteria and has a specified percentage of parents and legal guardians of pupils sign a petition requesting the local educational agency to implement at least one of five specified interventions. This bill would require the State Department of Education to provide, on its Internet Web site, information in easy to understand terms regarding that petition process and those five intervention options that parents and legal guardians may request. The bill would also make clarifying changes to, and state legislative intent regarding, those intervention petition provisions.

 

AB 1372  (Norby R)   Pupil assessment: records: disclosure.
Introduced: 2/18/2011  Last Amended: 4/25/2011
Status: 4/25/2011-From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. Re-referred to Com. on ED.

Summary: Existing law requires that each pupil have an individual record of accomplishment by the end of grade 12 that includes the results of the achievement test required and administered annually as part of the Standardized Testing and Reporting (STAR) Program, results of end-of-course exams he or she has taken, and the vocational education certification exams he or she chose to take. This bill would authorize the State Board of Education, the California Department of Education, or a local educational agency to disclose, pursuant to the California Public Records Act, assessment results that indicate the percentage of pupils that attained the proficient and advanced performance levels, aggregated at the classroom level, provided that the state board, department, or local educational agency has possession of the data, and that the data are not subject to an exemption under the California Public Records Act. The bill would prohibit individual pupil test scores, pupil identities, and personal directory information of teachers from being disclosed. The bill would state that its provisions are declaratory of existing law.  

 

SB 477   (Wright D)  Pupils: truancy.
Introduced: 2/17/2011  Last Amended: 4/26/2011
Status: 4/26/2011-From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

Summary: Existing law provides that a pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without valid excuse three full days in one school year, or tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof, is a truant. Existing law requires, upon a pupil's initial classification as a truant, a school district to notify the pupil's parent or guardian using the most cost-effective method possible, which may include electronic mail or a telephone call, that the pupil is truant, and to communicate additional information relating to truancy, as prescribed. This bill would require each school district to establish a policy specifying the time period for notifying the parent or guardian of a pupil upon the pupil's initial classification as a truant. By requiring school districts to perform a new duty, this bill would impose a state-mandated local program.

 

SB 645  (Simitian D)  Charter schools: charter renewal.
Introduced: 2/18/2011  Last Amended: 4/25/2011
Status: 4/25/2011-From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

Summary: The Charter Schools Act of 1992 (Charter Schools Act) specifies the procedures for the submission, review, and approval or denial of a petition to establish a charter school. The Charter Schools Act limits the duration of charters to a period not to exceed five years, and authorizes the chartering authority to grant one or more subsequent renewals for an additional period of five years. The Charter Schools Act prescribes the requirements a charter school must meet in order to have its charter renewed, including a requirement that a charter school that has been in operation for four years satisfy at least one of several specified criteria regarding academic performance. This bill would change the criteria a charter school is required to meet in order to have its charter renewed. The bill would make these criteria inoperative if the state board adopts an academic accountability system and finds that the system it adopts is consistent wit h specified characteristics. The bill also would require the State Board of Education to adopt regulations designating a level of annual academic achievement growth that qualifies a charter for renewal.

Editor's Note:  Andrew Keller is a Policy Consultant for K Street Consulting, LLC, a policy consulting and legislative advocacy firm.