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Full Senate Budget Committee Takes Action on Education

We wanted to let you know the latest step in the process toward a final budget. Today the Senate Budget Committee adopted its budget package. I have attached a detailed chart of the different funding levels between the Senate’s plan and the Governor’s May Revision. Below is a quick summary of the Senate's actions I wanted you to see:

LCFF Funding - Approved $6.45 billion for LCFF implementation. This is approximately $300 million higher than the Governor’s proposal.

Child Care - Adopted a proposal to fund CalWORKS Stages 2 and 3, State Preschool wrap around services, and other child care programs within Prop. 98. Adopted a corresponding $994 million increase in the Prop. 98 Guarantee.

Career Technical Education - Adopted an ADA distribution model for the same dollar amount proposed in the Governor’s May Revision ($400 million in 2015-16, $300 million in 2016-17, and $200 million in 2017-18). Eliminated the competitive grant-based structure and matching funds requirement proposed by the Governor.

The Assembly Budget Committee will meet on Wednesday next week to finalize its budget.  Once the Assembly takes action, we will have a clear picture of what issues will be negotiated among the houses in the Budget Conference Committee.

Senate Budget Prop 98 Funding Levels

Kevin R. Gordon, President
Capitol Adivosrs Group, LLC

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Senate Budget Subcommittee on Education Action

I wanted to share some of the detail with you on the budget as of today. In addition to some of the items we have been talking about, the Senate Budget Subcommittee led by Senator Marty Block are considering all of the major issues that are raised in the May Revision. Today they took up many key issues and I wanted you to see the matrix of issues that show the Department of Finance (Governor’s) recommendations, and the alternatives that are being considered. The overall direction of the subcommittee is very good on many important issues in the context of a budget that is already better than most. We wanted to share the entire document presented today so you could see the language being proposed across every item taken up by the subcommittee.  It gives you a good idea about where things are headed as the stage is set for negotiations between the Governor and Legislative leaders in a couple of weeks. The Assembly is going to be evaluating all of these same issues, and it appears that there are very similar sentiments to the Senate on most of these issues. As the budget makes progress, we will share more info along the way.

Senate Sub 1 - Agenda

Kevin R. Gordon, President
Capitol Advisors Group, LLC

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Assembly Budget Subcommittee on Education Action

The work of both of these subcommittees is generally headed in a direction we really like and should work for you better than the original May Revision by the Governor last week. Once the full budget committee in each house has gone through these budget subcommittee actions by the middle of next week, we will have a much clearer picture of the remaining items to be negotiated in a conference committee or by the Governor and leadership.  Currently, there are a few major differences between the houses that we want to highlight:

New Assembly Early Education and Development Proposal: 

  • Total package cost
    • 2015-16 total cost: $605 million ($451.4 million GF + $153.3 million Prop. 98)
    • 2016-17 and future years: $975.7 million ($779.4 million GF + $196.25 million Prop. 98)
  • Professionalize child development compensation
    • 20% reimbursement rate increase for center based care
    • Voucher child care rates would increase by similar percentage by setting rates based on Regional Market Rate
    • Increase Licensed Exempt Rate slightly less than the voucher child care rates
    • Allow collective bargaining for Family Child Care providers
  • Increase slots by 20,500 (10,500 full day preschool with wrap around + 10,000 Alternative Payment voucher child care)
  • Improving quality - more than $90 million
  • Increasing eligibility
  • Other - adopt some of the same proposals as Senate for CalWORKS, State Preschool

(See the attached agenda for more details.)

The Senate does not have a corresponding proposal.

Career Technical Education (CTE):

This is an area of great interest because we are supporting a distribution of the funding to all schools with grade 9-12 enrollment rather than a “competitive grant approach” which lacks any kind of certainty when we all need added funding for these purposes. It looks very good for us to end up with a result that gets more funding into these programs.

  • Governor - proposed three years of funding, including $400 million in 2015-16, that will phase out at the end with a local match that increases over the three years
  • Senate Recommendation - the Senate is expected to mirror the Assembly action when it comes before the full Senate Budget Committee
  • Assembly Action - approved staff alternative to provide these funds on a per ADA basis, but still ensure high quality

K-12 High Speed Network (HSN) Broadband Infrastructure Improvement Grants (BIIG):

  • Governor - proposed $8.8 million be taken from the HSN reserve fund for additional BIIG grants
  • Senate Action - rejected Governor’s proposal, approved use of $8.3 million (one-time) from the HSN reserve to be used for operations in 2015-16 instead of Prop. 98 ongoing funds, approved budget bill language requiring a separate annual audit of HSN expenditures and operations
  • Assembly Action - approved Governor’s proposal

Use of One-Time Funding/Outstanding Mandate Claims:

  • Governor - proposed $3.5 billion total discretionary funding to be sent out on ADA basis (the Governor counts this against mandate backlog claims)
  • Senate Action - reduced the discretionary funding to $3 billion, added $800 million for professional development
  • Assembly Action - approved Governor’s proposal

Quality Education Investment Act (QEIA):

  • Governor - proposed to direct $4.6 million to districts that do not meet the threshold for concentration grants under LCFF
  • Senate Action - rejected Governor’s proposal, redirected these funds for professional development (as part of discretionary funding action)
  • Assembly Action - rejected Governor’s proposal

The attached agendas contain further details on the full Assembly Prop. 98 budget package.

May 21 ASM Agenda 
May 21 ASM K-12 Prop 98 Detailed Table

Kevin R. Gordon, President
Capitol Advisors Group, LLC

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Vaccine bill passes Senate, repeal of budget reserve cap is defeated in Assembly

Both houses of the Legislature acted on major education bills this week, including the proposal to eliminate the parental exemption for vaccines and one legislative effort to repeal the budget reserve cap.

Vaccine Bill Passes Senate - On the same morning the Governor released his May Revision, the State Senate was locked in heated debate over SB 277 (Pan/Allen), the bill to remove the personal believe exception for mandatory vaccinations.  The measure passed from the Senate Floor, but not before Republicans offered three sets of hostile amendments to the bill.  Hostile amendments are amendments that weigh against the author’s intended purpose of the bill.  In each case, Senator Bill Monning (D-Carmel) moved to reject the amendments and all three sets of hostile amendments were voted down by a wide margin.  The hostile amendments were as follows:

  1. Senator Mike Morrell (R-Rancho Cucamonga) proposed a religious exemption, arguing that SB 277 undermines citizen’s First Amendment rights.
  2. Senator John Moorlach (R-Costa Mesa) proposed to insert a parental exemption, arguing children will be driven away from school while the state guarantees access to a quality education for all.
  3. Senator Joel Anderson (R-Alpine) proposed an amendment requiring doctors to review the contents of vaccines with parents and sign a form stating the information has been shared. Anderson argued fetal cells are used in vaccines and parents have a right to know if this violates their personal religious beliefs.

The bill ultimately passed the chamber with a vote of 25-11, mostly along party lines.  Three members abstained.  The bill now heads to the Assembly.

A Bill to Repeal Reserve Cap Fails in Assembly - The Assembly Education Committee voted to kill AB 1048 (Baker) to repeal the cap on school district budget reserves.  Even after some Democrats expressed concern over the existing cap, they refused to support the bill, arguing that the cap is unlikely to kick in during coming years and even if it does, it is manageable by assigning monies to other funds.

The reserve cap issue is a budget element.  Any resolution to this issue will come as part of a budget play that involves a political solution with sign-off from both the Governor and CTA.  CSBA has taken the lead on this issue for the management organizations.  Look for conversations to continue between now and June 15 when the Governor and Legislators put together the final budget package.

Assembly Education Committee Actions - In addition to the hearing the proposal to repeal the budget reserve cap, the Assembly Education Committee acted on a dozen other measures this week.  A recap of all the bills considered by the committee is below:

AB 215 - Alejo (D): Local Agency Employment Contracts: Maximum Cash Settlement

Reduces the maximum cash settlement that may be paid to a school district superintendent from 18 to 12 times the monthly salary, unless the superintendent was dismissed for cause, in which case the maximum is 6 times the monthly salary. Reduces the maximum cash settlement in cases where the school district believes and subsequently confirms that the superintendent has engaged in fraud, misappropriation of funds, or other illegal fiscal practices from 6 to 3 times the monthly salary.

Action: Passed 6-1

AB 375 - Campos (D): School Employees: Sick Leave: Paternity and Maternity Leave

Prohibits a certificated school employee on maternity or paternity leave pursuant to the Moore-Brown-Roberti Family Rights Act from being denied access to differential pay while on that leave.

Action: Passed 6-0

AB 480 - Harper (R): School Districts: Reorganization: Study of Benefits and Impacts of Unification

Requires the Legislative Analyst’s Office (LAO) to conduct a study of the potential benefits and impacts of school district unification. Amendments taken will:

  1. Change the agency responsible for producing the study from the LAO to the FCMAT
  2. Focus the requirements of the study around two topics involved in school district unification: management and finance
  3. Make the implementation of the bill contingent upon appropriation of funding for this purpose

Action: Passed as Amended 7-0

AB 709 - Gipson (D): Charter Schools

Requires charter schools to comply with the same conflict of interest requirements as school districts, including the Ralph M. Brown Act, The California Public Records Act, Government Code 1090, and the Political Reform Act of 1974.

Action: Passed 5-2

AB 715 - Daly (D): Residential Development: School Facilities Fees

Revises, for the purpose of calculating fees levied by school districts for the construction or reconstruction of school facilities, the definition of “assessable space” to specify that a covered walkway, uncovered walkway, and enclosed walkway are excluded from the calculation, and that similarly excluded areas include, but are not limited to, a bike storage locker or detached personal property storage space that is not a part of the existing livable residential structure. Amendments taken will:

  1. Strike “enclosed walkway” from the definition of “assessable space”
  2. Clarify that a detached accessory structure includes a detached bike storage locker

Action: Passed as Amended 7-0

AB 882 - Wilk (R): School Bonds: Portable Electronic Devices

Specifies that proceeds from the sale of local bonds approved by voters after January 1, 2016, authorized and issued pursuant to Proposition 39 of 2000, may be used to purchase portable electronic devices only for furnishing and equipping classrooms and school facilities. Amendment taken will strike Section 2 of the bill, which dealt with legislative intent.

Action: Passed as Amended 7-0

AB 1048 - Baker (R): School Finance: School Districts: Annual Budgets: Reserve Balance

Repeals the statutory cap on school district budget reserves and related statutory provisions that are applied in a fiscal year following the fiscal year in which funds are transferred into the Public School System Stabilization Account.

Action: Failed 2-5

AB 1101 - Bonilla (D): Pupil School Enrollment: Residency Requirements: Policy on Investigations

Requires a school district that elects to undertake an investigation to determine whether a pupil meets residency requirements to adopt a policy regarding the investigation of the pupil before investigating any pupils. Amendment taken will strike the requirement that a school district provide written notification to a parent or a legal guardian five business days before starting an investigation.

Action: Passed as Amended 7-0

AB 1185 - Ridley-Thomas (D): Los Angeles Unified School District: Best Value Procurement: Pilot Program

Authorizes the Los Angeles Unified School District (LAUSD) to utilize a best value procurement process as a pilot project until December 31, 2020 for construction projects over $1 million. Amendments taken make technical changes.

Action: Passed as Amended 5-2

AB 1339 - Santiago (D): School District Employees: Merit System: Appointments

Extends, until December 31, 2020, exemptions from the requirement that a merit system school district fill classified employee vacancies with applicants from the first three ranks on an eligibility list, except for the information technology solution technician classification.

Action: Passed 7-0; Consent

AB 1452 - Hadley (R): Certificated Employees: Personnel Files: Expungement: Egregious Misconduct

Prohibits school districts, county offices of education and charter schools from expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in Education Code Section 44932.

Action: Passed 7-0; Consent

ACR 60 - Santiago (D): Education: Students with Disabilities

Resolves that the Legislature affirms that state policies and procedures should utilize People First Language to the greatest extent possible when referring to students with disabilities. Amendments taken make technical changes.

Action: Adopted as Amended 7-0; Consent

Erin Evans-Fudem, Legislative Counsel
Capitol Advisors Group, LLC

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Preliminary Analysis of Governor’s May Revision

Fortunately, the numbers we provided you earlier today (just prior to the official release of the May Revision) turned out to be pretty accurate, and this remains an excellent proposed budget for schools.  We are adding some political context for you to consider, and providing additional details on the numbers.  If you want to go directly to the K-12 numbers, please scroll down to the Proposition 98 section.

May Revision Proposal Attempts to Balance Needs of LEAs

Before jumping into the numbers, we would note that by providing both a significant boost in LCFF spending ($2.1 billion over the January Proposal) and more the tripling the amount of discretionary one-time spending (increase from $1.1 billion to $3.5 billion) the Governor’s May Revision attempts to balance the needs of LCFF “winners” and “losers.”  What we mean is that if you are an LEA that is below or far below your LCFF entitlement target, the large increase in on-going LCFF spending helps you close the implementation gap.  On the other hand, if you are an LEA that is already at or above your LCFF target, you at least receive an increase in funding through your share of the one-time spending that is sent to all LEAs on a per ADA basis.  So, while some LEAs get more than others, all LEAs get something from this budget proposal.

Fiscal Conservatism

In his press conference, Governor Brown continued to hammer away at his theme of fiscal restraint, repeatedly referring to charts that show large budget deficits often appear very soon after years with budget surpluses.  On a positive note for public schools, the Governor did not apologize for the large share of new revenues being directed towards K-14 education as required by the California Constitution.  He pointed to Education and Health as the “fundamentals” of the State’s budget, indicating they should be the top priorities.

The Governor highlighted how additional money will be saved in the Rainy Day Fund, and how more of the State’s debt will be paid down, under the provisions added to the Constitution by Proposition 2.  The May Revision includes an increase of $633 million for the Prop. 2 general fund reserve and the same amount to pay down debts and liabilities (including deferrals, the last payment on the Economic Recovery Bonds, and paying off mandate reimbursements owed to local government).

Finally, the Governor set aside an additional $2.2 billion of one-time resources to pay for the State’s response to severe drought conditions across California.  This funding is in addition to the $1.9 billion appropriated for this purpose since the Governor declared a state of emergency in January 2014.  The severe drought casts a long shadow over any positive revenue projections given the uncertainty regarding its scope and long-term economic impact.

Other General Budget Issues

Earned Income Tax Credit – Perhaps responding to criticism that he has not focused enough attention or funding on issues related to poverty, the Governor proposes a new Earned Income Tax Credit as one of just three new spending areas proposed in his May Revision. This proposal to counteract poverty targets households with annual incomes below $6,580 without dependents, or $13,870 for three or more dependents. The credit will begin with 2015 tax returns and provide an average benefit of $460 annually per family for a total of $380 million statewide provided to 825,000 families (or 2 million Californians).

The Governor acknowledged that this program only targets households at the lowest end of the income scale, and that the total amount of spending was modest, but argued that a few hundred dollars provide a significant benefit to families at this income range.  He also acknowledged that by utilizing a revenue mechanism (tax credit) rather than making an expenditure, the proposal modestly reduces the amount of general fund and Prop. 98 funding available in the May Revision.  But this tactic avoids the difficult trade-offs that would be triggered by setting aside $380 million of non-Prop. 98 spending.  Expect some members of the Legislature to push for additional spending to address issues of poverty.

UC Deal and Higher Education – A second area of new spending is targeted to higher education, with increased on-going spending for California State University, and temporary assistance to the University of California to pay down unfunded pension liabilities.  With these relatively modest new expenditures, the Governor was able to reach an agreement with UC President Janet Napolitano to rescind the proposal to increase student tuition by up to 28 percent over the next five years.  Under this agreement, student tuition will remain flat through 2016-17 and the State will continue to use Prop. 2 funding to help UC reduce its pension liabilities and therefore retain additional funding for operational purposes.  Score this as a political win for the Governor given the highly visible and politically sensitive protests over tuition hikes at UC campuses throughout the state.

Modest increase to Health and Human Services – The third area of new spending relates to health care and safety net services, although it is unlikely to be enough to appease members of the Legislature who believe that more spending needs to be dedicated for these purposes.  The Governor notes that recent changes in the federal government’s approach to immigration status and health care are likely to make a number of currently undocumented immigrants eligible for Permanent Residence Under Color of Law status, and therefore qualified for some state-funded services (including Medi-Cal).  Additional funding is set aside for potential increased costs related to these programs.  There are other adjustments to Health spending, but no major new programs.

Finally, despite a lot of attention in the Legislature and in the media, the Governor does not propose any new program or major new expenditures related to early childhood development or child care.  Expect some push back from legislators and early childhood program advocates on this one, although remember that significant additional expenditures for these programs are likely to reduce on-going LCFF spending unless the Governor agrees to higher revenue numbers or utilizes non-Prop 98 funds for this purpose (both of which seem pretty unlikely).

State Revenues and Projections

The May Revision revenue projections are up significantly compared to the projections in January.  The largest increase is attributable to fiscal year 2014-15 (an increase of about $3.3 billion), with smaller increases in fiscal year 2013-14 ($700 million) and fiscal year 2015-16 (almost $1.7 billion).  The three-year total comes to just over $5.6 billion, and the total revenues/transfers amount for 2015-16 is $115 billion.

Since the January proposal, the three main sources of general fund revenue – personal income, sales and corporation taxes – continue to trend upward for each of the last three fiscal years.  The largest increases are in personal income tax, and as implied above, most of the gain is attributable to fiscal year 2014-15.  A significant amount of the personal income tax revenue ($6.6 billion in 2014-15 and $6.7 billion in 2015-16) comes from the increased rates on high income earners implemented by Proposition 30.  Remember that, absent an extension, the personal income tax bump from Prop. 30 expires at the end of 2018.

Proposition 98

The Prop. 98 guarantee for 2015-16 is now projected to be $68.4 billion, an increase of $2.7 billion over the January projection.  The total increase to the Prop. 98 guarantee over three years is $6.1 billion, with the following increases attributable to each fiscal year:

  • 2013-14 – $241 million
  • 2014-15 – $3.1 billion
  • 2015-16 – $2.7 billion

For context, Prop. 98 spending was $56.6 billion in 2007-08, and dropped to $47.3 billion in 2011-12 during the great recession.  The Governor notes that compared to the low point in 2011-12, K-12 spending for 2015-16 is up by an average of $3000 per student.  Note, however, that in terms of real spending power that number has to be adjusted for inflation, and that the $3000 per student is a statewide average (under the LCFF, some LEAs get much more than that amount, and some get much less).

Finally, the Governor notes that the Proposition 98 maintenance factor, which is an indicator of past cuts in funding for K-14 schools, is down from a high of nearly $11 billion in 2011-12 to only $772 million in the May Revision proposal.

LCFF

In January, the Governor proposed to spend an additional $4 billion in on-going funds to close the gap towards full implementation of LCFF (meaning all districts receive 100% of their “target” funding).  The January proposal would have closed the gap by around 32 percent.  With the increased Prop. 98 revenues projected in the May Revision, the Governor proposes to spend another $2.1 billion in on-going funds, above the January proposal, on LCFF implementation.  The total additional spending of $6.1 billion for 2015-16 would close the implementation gap by about 53%.  Remember, however, that for each subsequent fiscal year the LCFF target is adjusted for COLA, which means that more funding is needed to reach the target in each future year.  So in a hypothetical year of flat LCFF funding, the gap would actually grow.

In 2015-16, $53.1 billion of total Prop. 98 spending is proposed to be allocated through the LCFF formula.  This is significantly higher than projected when the LCFF was first proposed and implemented.

While almost everyone predicted a large increase in one-time expenditures for 2015-16, this significant boost to on-going funding is welcome news.  While the revenue projections certainly justify the increase to on-going spending, some worried that the Governor’s fiscal conservatism would lead him to keep on-going spending low and allocate virtually all of the additional money for one-time purposes.

Note that the COLA dropped slightly from 1.58 percent in January to 1.02 percent in the May Revision.  This impacts not only the COLA adjustments to the LCFF, but also for other programs that are adjusted for COLA.

One-Time Spending

In January, the Governor proposed $1.1 billion in discretionary one-time money to be allocated among school districts, county offices and charter schools on a per ADA basis.  His May Revision proposal adds $2.4 billion to make the total amount of discretionary one-time money about $3.5 billion.  We haven’t done the calculations yet, but this figure probably equals around $600 per ADA.

Note that the Governor intends to count this funding as payment of past mandate reimbursement to those LEAs that filed claims (don’t confuse this with the current Mandate Block Grant program, which remains separately funded), thereby reducing the State’s mandate debt while distributing funds to all LEAs on an ADA basis.  Many LEAs and their representatives object to this practice, but it is unlikely to be changed by either the Governor or Legislature – counting the same dollar for multiple purposes is the new normal, at least as far as mandate claim reimbursement goes.

It is not clear whether or not the Legislature will agree to putting the entire $3.5 billion into fully discretionary one-time funding.  The Legislature tends to attach strings to large increases in funding, and may be more interested in one-time spending on Common Core implementation, perhaps with a focus on professional development or technology needs.  There may be some compromise here, but the Governor is aware that attaching any strings to these funds would prohibit him from counting the funds as satisfaction of mandate reimbursement claims.

County Offices of Education

Of the total one-time funding, the Governor proposes to increase the amount set aside for county offices of education to assist schools with LCAP and accountability responsibilities.  In January the Governor proposed $20 million for this purpose, and he doubles that to $40 million in the May Revision.  Please note that we have indications that the Governor understands that the accountability obligations of COEs are on-going, and therefore it is the intent of the DOF and others to continue to propose this funding in future years.

Career Technical Education

As compared to the January proposal, the Governor proposes to increase the overall investment in CTE over three years from $750 million to $900 million. The program would provide the following levels of funding:

  • $400 million – 1st year
  • $300 million – 2nd year
  • $200 million – 3rd year

The administration also proposes a new phased-out matching program, as follows:

  • 1 to 1 match – 1st year
  • 1.5 to 1 match – 2nd year
  • 2 to 1 match – 3rd year

The current proposal is to phase out the program by 2018-19, leaving LEAs using only their discretionary funding to operate CTE programs from that point forward.  With a number of bills related to this topic, this is one area where we expect the Legislature to offer different or additional proposals.

Special Education

In response to the Special Education Task Force report, the Administration proposes to spend $60.1 million on the following:

  • $30 million for Early Education for special needs pupils
  • $12 million to provide 2500 additional slots for Preschool students with special needs
  • $10 million for school-wide data support
  • $1.7 million for alternative dispute resolution
  • other smaller items

The recommendations in the Task Force report go well beyond these modest adjustments, but it is unlikely the Legislature will try to act on those recommendations during this budget cycle.

Early Childhood Development

The May Revision includes modest adjustments for child care and early childhood development, but none of the bigger proposals raised by some legislators.  In addition to some adjustments to CalWORKS and capped non-CalWORKS programs, there is a small increase in Prop 98 expenditures for State Preschool to fund the slots mentioned in the special education section.

Facilities

Despite a number of rumors, the May Revision proposed no changes to school facilities funding and does not further address needs related to either construction and modernization or facilities maintenance.  These issues might be raised by the Legislature, and an initiative proposal is currently being circulated that would place a state school facilities bond on the 2016 ballot.  Expect further action on this in coming months.

Miscellaneous

Except as noted above, there are no additional proposals directed to county offices of education, and the Governor only modestly tinkered with his adult education proposal.  The Legislature has indicated interest in the adult education issue, and may have different ideas than those proposed by the Governor.  There is no change to Proposition 39 funding other than a slight adjustment based on lower revenue estimates.

Legislative Leaders Respond

Initial responses from Assembly Speaker Toni Atkins (D-San Diego) and Senate Leader Kevin de Leon (D-Los Angeles) indicate support for the Governor’s budget, but both press releases referenced child care as an area that needed additional investment. The education community will need to carefully watch these conversations to make sure Prop 98 is not manipulated in the final budget agreement to move non-education child care costs into Prop 98 without re-benching the guarantee.

Abe Hajela, Partner
Capitol Advisors Group

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Quick and Dirty Initial Numbers: Governor’s May Revision

2015-16 May Revision - (The K-12 Education section begins on page 13)

There is spectacularly good budget for schools in the Governor’s May Revision. Remember that what is proposed in the May Revision are changes to the Governor’s January budget proposal.

It appears, at least at this moment, that there aren’t the types of manipulations to Prop 98 that we were guarding against in the past few weeks (we are still waiting for the details in writing). As we have said all along, all of the Governor’s properties remain the same, a focus on one-time expenditure, with the lion’s share of on-going funding directed towards gap funding for the Local Control Funding Formula (LCFF).

Following is a quick overview of the major elements of the Governor’s May Revision:

Prop 98 increases $5.8 billion, bringing the guarantee to $68.4 billion:

2013-14 – $240 million

2014-15 – $3.1 billion

2015-16 – $2.7 billion

$5.4 billion of the Prop 98 increase goes to Maintenance Factor – but this does not retire all of the debt.

One-Time Money - The Administration proposes a total of $3.5 billion in one-time funds. This reflects a $2.4 billion increase over the January proposal to provide $1.1 billion in one-time funds. These dollars will go out per ADA and be applied to prior year mandate claims.

LCFF – The administration proposed to increase the LCFF funding by $2.1 billion over his January proposal, to a total of $6.1 billion. This would increase gap closure funding from 38% to 53% in 2015-16 - roughly leaving LCFF approximately 60% implemented.

CTE – Modifies the Governor’s January proposal by increasing the overall investment over three years from $750 million to $900 million. With a new implementation mechanism, which would provide the following levels of funding:

  • $400 million – 1st year
  • $300 million – 2nd year
  • $200 million – 3rd year

The administration also proposes a new phased-out matching program, as follows:

  • 1 to 1 match – 1st year
  • 1.5 to 1 match – 2nd year
  • 2 to 1 match – 3rd year

The Administration wants to keep a “competitive” program.

Special Education – In response to the Special Education Task Force report, the Administration proposes to spend $60.1 million on the following:

  1. $30 million for Early Education for special needs pupils
  2. $12 million to provide 2500 additional slots for Preschool students with special needs
  3. $10 million for school-wide data support
  4. $1.7 million for alternative dispute resolution

County Offices of Education LCAP Review  – The Administration is proposing to increase the $20 million for COE LCAP reviews to $40 million in one-time funds over two years.

Facilities – There are no proposed changes to school facilities funding or restricted maintenance from the January proposal.

COLA dropped slightly – The Administration says the COLA has dropped to 1.02%.

Barrett Snider, Partner
Capitol Advisors Group

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May 2015 SBE Hearing – Accountability and Assessment

Two new members participated in the State Board of Education meeting this week – the Governor appointed Feliza Ortiz-Lincon, senior director of K-16 education at the National Council of La Raza, and Ting Lan Sun, executive director at the Natomas Charter School and the co-chair of the Public Schools Accountability Act Advisory Committee.  The board no longer has any vacant seats.

Accountability and assessment continue to be the main focus of the meetings, and this is likely to continue for several more months.  Much of this meeting was informational only, and very little action was taken.

Accountability

The board heard several hours of presentation and testimony on the Local Control Funding Formula Evaluation Rubrics and on the development of a new accountability system to replace the Academic Performance Index. As with other recent meetings related to LCAPs and accountability, there were many speakers from both social justice groups and school district representatives.

Evaluation Rubrics

With the final rubrics due in October, the presentation at this meeting was intended to propose initial concepts on standards for district and school site performance and expectations for improvement.  A comprehensive document on the development of the rubrics to this point is attached for your review.

During the course of the presentations and discussions on the rubrics, it became clear that the board was not comfortable with the current proposals.  Among other things, difficulties emerged with the idea of designing a tool that would be effective both for LEA self-assessment and improvement and as an instrument of transparency that provides helpful information to the public.

Board members expressed concern over the lack of data and research to support the creation of performance standards.  President Kirst and Member Burr noted the “lack of research for what we need to do.” President Kirst used CTE pathways as an example – “We are being asked to assess career pathways when we haven’t yet defined career pathways.” Member Burr added, “We are being asked to come up with numbers absent data.”  President Kirst called for a process for vetting the validity and reliability of the metrics and research – “How good is good enough?”

For the July SBE Hearing, the board asked for further analysis by WestEd and staff and also asked staff to explore the possibility of delaying the adoption of the rubrics to January 2016 instead of October 2015. Changing the deadline for the rubrics would require a statutory change, but it is not clear that the Board and Governor Brown will want to provide the Legislature an opportunity to revisit the compromises represented by LCFF statutes and regulations.

New Accountability System

At the March 2015 meeting, SBE suspended the API for the 2014-15 school year and began the transition to a system consisting of multiple measures of accountability, aligned with the eight state priorities under LCFF, that supports goals of continuous improvement. At this hearing, the board began to consider the design of an accountability system that provides measurements and feedback that align to the state priorities and support college and career readiness. What has yet to be determined, or even discussed publicly for any length, is how to intertwine a new accountability system that allows comparability among LEAs with the overall accountability structure of the LCAP.

Assessment

The board received a lengthy update on the California Assessment of Student Performance and Progress (CAASPP) System program activities, including the Smarter Balanced Assessments, the California Alternate Assessment field test, the New Primary Language Development Test and the California Next Generation Science Standards.

Smarter Balanced Summative Assessments

LEA CASSPP and school site coordinators will use the Test Operations Management System (TOMS) to access a secure online reporting system for individual student summative results and preliminary aggregate reports. Two to four weeks after a student completes a test in one of the content areas, their summative results will be available for that content area. System users will be able to view the average scale score for a specific entity and the number of completed assessments but they will only have access to their specific LEA or school. CDE will release the aggregate results to the public on the DataQuest Web site after testing has been completed – likely August or early September.

There will be five post-test trainings conducted in May through June for LEA CAASPP coordinators. The training will cover the interpretation of results, overview of summary reports, overview of the individual student reports and appropriate uses of assessment data.

To assist parents and guardians with the student score reports, CDE is currently developing a Guide to Student Score Reports and a Student Score Report Video and is also collaborating with UCLA to develop an additional informational resource for parents and guardians.

Smarter Balanced Interim Assessments

As mentioned in a previous update, there are two types of interim assessments available: interim comprehensive assessments (ICAs) and interim assessment blocks (IABs). The ICAs are built on the same test blue prints as the summative assessments. They assess the same range of standards, use the same item types and formats (including performance tasks), and yield results similar to those of the summative assessments. The IABs focus on smaller sets of standards and provide more detailed information for instructional purposes.

In March, CDE launched the Smarter Balanced Interim Assessment Reporting System (IA Reporting System) through the CAASPP site, http://www.caaspp.org to allow authorized users to view and download results. Interim assessment student results are available to LEAs within 24 hours after the test has been completed, or, for interim assessments with a hand scoring requirement, 24 hours after the hand scoring has been completed.

Digital Library of Formative Resources

In March, CDEE released a video for LEAs to use to promote the Digital Library among their K-12 educators. This video and other Digital Library resources can be found at http://www.cde.ca.gov/ta/tg/sa/diglib.asp.

Technology Update

CDE continues to monitor broadband usage and bandwidth availability during testing. 47 sites are still struggling with technology and approximately 25 are using paper and pencil assessments.

CDE has produced a supplemental report that provides an update to the Broadband Infrastructure Improvement Grant (BIIG) as well as observations from the Statewide Connectivity Infrastructure Needs Assessment. http://www.k12hsn.org/sb852/report/php.

California Alternate Assessment Field Test

The test window opened on April 15 and will run through June 10. Students will be given fifteen items each in English Language Arts and mathematics. Each content area will take approximately 45-60 minutes to complete. The tests are computer-based and administered one-on-one with the examiner. No individual scores will be provided.

Next Generation Science Standards (NGSS)

The testing contractor, Educational Testing Service (ETS), is currently developing a crosswalk of the 1998 California science content standards to the NGSS. ETS will also conduct an alignment study of the CST and CMA science item bank to the NGSS. In addition, CDE is working with science educators and experts involved in NGSS assessment development work.

One Other Item – Title I Waiver Request

While the majority of the SBE hearing focused on accountability and assessment, I did want to share one other key action. SBE granted approval for a request to be sent to the federal Department of Education for a waiver to allow LEAs that have Title 1 schools in Program Improvement to provide extended day intervention strategies to low income students academically deficient in ELA, mathematics and/or science using Supplemental Educational Services funds.

SBE - Evaluation Rubrics Update

Lee Angela Reid, Senior Legislative Advocate
CAPITOL ADVISORS GROUP

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School Facilities Bond Update

The School Bond Initiative submitted to the Secretary of State in March is on a fast track to full qualification.  It already has received 25 percent of the required signatures (a milestone in the initiative process) and it is expected to fully qualify by early July.  This initiative is a $9 billion state bond measure ($7 billion for K-12 facilities).  It continues the existing School Facilities Program and contains no major reforms.

Meanwhile, two Assembly Bills AB 148 (Holden) and AB 1088 (O’Donnell) passed out of Assembly Education Committee yesterday on a partisan 5-0 vote (Republicans not voting).  The bills next will be heard in fiscal committee – Assembly Appropriations.  On a parallel path, Senate Bill 114 (Lieu) was passed in Senate Education Committee and is now in the Senate Appropriations Committee.  All three of these bills are works in progress and will be refined as they move through the Legislative process.

How do these efforts merge?

  • Once the school facilities bond initiative qualifies, serious negotiations will occur – probably in the fall.  The initiative can be amended with the agreement of the sponsors of the initiative, the Legislature and the Administration.  If there is no agreement, the initiative can go forward as written with no changes.  We are hopeful there will be some compromise among the groups, placing a bond on a 2016 ballot with some reforms that satisfy the Legislature and Administration.

What are the potential impediments to a 2016 bond?

  • One time dollars from the Governor’s budget – One of the proposals from the Legislative Analyst is to use one time May Revise dollars to fund the backlog of projects beyond bond capacity.  Although LAO proposes $1.2 billion to fund the current backlog, this amount would set a new precedent and provide Prop 98 dollars for school facilities, absorbing funds that would typically be used for Prop 98 purposes, more specifically to fully fund the LCFF.  In addition, the LAO is suggesting projects in the pipeline re-establish new eligibility, which would knock many of them out of the funding queue (these projects are complete and have received CDE and DSA approvals).  One time dollars for this purpose could be used as an argument against a 2016 bond, as it could be perceived as solving a portion of the problem.
  • Other competing initiatives on the 2016 ballot – There is an effort by many, including CTA, to extend the temporary Prop 30 taxes – which expire in the near future.  It is perceived that a school bond initiative would compete with this effort, which could cause serious opposition from some very influential groups.

We are hopefully optimistic that despite some of the roadblocks, we will see a school bond on the ballot in 2016.  We will continue to monitor all efforts and will keep you informed as things progress.

Susan Stuart, Partner
Capitol Advisors Group, LLC

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Teacher Bills Create Rift in the Assembly

On Wednesday, the Assembly Education Committee considered more than 30 bills including some of the teacher evaluation proposals and school facilities bond measures.

Teacher Measures Fail - Yesterday the Assembly Education Committee heard four bills related to teacher evaluation, seniority and probationary/permanent status.  Taking a page out of the anti-vaccination folks playbook, CTA members filled the hearing room to oppose the bills, forcing many advocates to wait in the hallway or in the gallery above the hearing room.  Action on these bills created a rift among Democratic education leaders.

The bills heard were the four other teacher-related bills—not the leadership teacher evaluation proposals that have already passed from their respective policy committees (AB 575 and AB 499). The bills heard this week included:

  • AB 1044 by Assembly Member Baker (R-Dublin) - allows layoff policies to deviate from last in, first out (LIFO)
  • AB 1078 by Assembly Member Olsen (R-Modesto) - makes changes to the teacher evaluation system (known as the Stull Act)
  • AB 1248 by Assembly Member Chavez (R-Oceanside) - extends the probationary period for employees to three years and allows removal of permanent status in certain circumstances
  • AB 1495 by Assembly Member Weber (D-San Diego) - add requirement to the current evaluation system to include pupil achievement and outcomes as described in the LCAP

The three bills by Republican authors were sent to an “interim study,” meaning the Legislature will consider the proposals together during the recess after the end of the legislative session. This could result in a two-year bill proposal next year, or (more likely) these proposals will not be resurrected. Assembly Member Weber was the only Democrat to vote against the motion to send these bills to interim study, ostensibly because her bill was next on the chopping block.

The rift became tangible when Assembly Member Weber presented her AB 1495.  Assembly Member Weber demanded an up or down vote on her measure, rather than having it sent to interim study.  During the debate, Assembly Member McCarty (D-Sacramento) said he would be willing to support an amended version of her bill by deleting her proposal to create a third tier of evaluation results.  Weber refused this amendment, suggesting it would take out the “heart of the bill.”  Assembly Member Thurmond’s (D-Richmond) comment regarding his unwillingness to support her bill because it includes student test scores as a possible measure was met with a challenge by Weber that Thurmond to take bold action by supporting her proposal.  She specifically referred to Thurmond’s “aye” vote in a previous committee hearing on AB 575 (O’Donnell/Atkins) that requires test scores as part of an evaluation system.  The major difference here is Assembly Member O’Donnell’s bill is the Assembly leadership’s effort to change teacher evaluations.

Bond Bills Pass Amid Tension - This rift seems to have spilled over into the school facilities bond conversation.  During the same hearing two bills proposing school facilities bonds were passed: AB 148 by Assembly Member Holden (D-Pasadena), and AB 1088 by Chair O’Donnell (D-Long Beach).  While the tension in the room made for interesting conversation between Weber and O’Donnell, Weber ultimately voted for both measures.

Here is a roundup of all the actions taken in the Assembly Education Committee this week:

AB 47 - McCarty (D): State Preschool Program

States the intent of the Legislature that the State Budget shall include an appropriation for the California State Preschool Program (CSPP) sufficient to provide all children who are eligible for the program, and whose parents wish to enroll them, the opportunity to enroll in the program in the year before they enter kindergarten. Amendment taken will strike the intent provision in the bill and insert the following:

“No later than January 1, 2017, there shall be access to the state preschool program for all children who are eligible for the program in the year before they enter kindergarten, and whose parents wish to enroll them. It is the intent of the Legislature to provide sufficient funding in the state budget for this purpose.”

Action: Passed as Amended 6-0

AB 148 - Holden (D): K-14 School Investment Bond Act of 2016

Enacts the K-14 School Investment Bond Act of 2016 to provide funds for the construction and modernization of education facilities, to be operative only if approved by voters at an unspecified 2016 statewide election. Amendment taken will amend the bill to provide additional funds for school districts that meet all of the conditions, rather than making it a priority for funding.

Action: Passed as Amended 5-0

AB 233 - Lopez (D): Child Care and Development Services: Rates

Provides a 12-month eligibility determination process for specified child care and development programs and makes changes to the administration of various programs. Amendments taken will:

  1. Strike the 12-month eligibility language in two sections in the bill and instead add a new subdivision in EC 8263 to apply the 12-month eligibility determination to all child care and development programs
  2. Reinstate the provision requiring physical exams and immunization for enrollment and instead adds language clarifying the provisions that apply to Alternative Payment Programs (APP)
  3. Reinstate the provision requiring an APP to verify provider raters once a year
  4. Specify that an Alternative Payment child care provider may direct a parent to pay family fees directly to a provider upon agreement by a child care provider to collect the fee

Action: Passed as Amended 7-0

AB 288 - Holden (D): Public Schools: College and Career Access Pathways

Authorizes the governing board of a community college district to enter into a College and Career Access Pathways partnership with the governing board of a school district with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.

Action: Passed 6-0; Consent

AB 306 - Hadley (R): Attendance: Children of Military Personnel

Authorizes a parent of a pupil enrolled in a school district of residence to submit an application for a pupil to attend a school in any school district of choice if the parent with whom the pupil resides is enlisted in the military and is on active military duty. Provides the procedures to be following for the submission and processing of said application. Authorizes a district of choice to adopt specified, written standards for acceptance of applicants pursuant to these provisions. Amendment taken will strike “enlisted in the military and is” from the bill language so the provision applies to all pupils who reside with a parent on active military duty.

Action:  Passed as Amended 6-0

AB 517 - Gallagher (R): HIV/AIDS Prevention Education Act: Educational Material

Requires a school district to provide a parent or guardian time to inspect any written audiovisual educational material used in comprehensive sexual health education and HIV/AIDS prevention education. Authorizes the parent or guardian to make copies of material that has been or will be presented by an outside consultant or guest speaker. Requires the district to inform parent or guardians of their right to make such copies and of the relevant credentials of the consultant or guest speaker. Amendment taken will require that, as part of the notice provided to parents about outside consultants and speakers, information be provided on the consultants’ “training in comprehensive sexual health education and HIV and AIDs prevention education.”

Action: Passed as Amended 7-0

AB 531 - O'Donnell (D): School Finance: Budget Calculations

Amends existing law that provides the formula for funding under the Public School System Stabilization Account. Makes the formula for school districts with less than a specified amount of units of average daily attendance applicable (ADA) to districts with a specified amount of units of ADA or less. Specifies that the limitation on the combined assigned or unassigned fund balance does not apply to moneys in a committed reserve.

Action: Passed 6-0

AB 580 - O'Donnell (D): School Employees: Training: Pupil Mental Health Issues

Requires school districts, county offices of education, and charter schools to provide in-service training every school year to teachers of pupils in kindergarten and grades 1 to 12, inclusive, and to classified staff who have regular personal contact with pupils, on early identification of pupils with mental health issues. Authorizes such training to be in an online format outside of a regularly scheduled staff meeting. Amendments taken will:

  1. State that, for classified employees, the training may occur at a time other than a staff meeting, but that in all cases will occur during regular work hours
  2. Replace “during the first six weeks of the school year” to “the beginning of the school year” and change “staff meeting” to “staff meeting or meetings”
  3. Require that the training is provided to all certified staff

Action: Passed as Amended 6-0

AB 625 - Bonta (D): School Finance: Apportionments: Compliance Audits

Requires the State Controller and Superintendent of Public Instruction (SPI) or their respective designees to meet before each audit, develop an audit plan, and coordinate the audit before the Controller conducts an audit of the books and accounts of a school district that has received an emergency apportionment. Requires the audits to continue until the Controller determines the district is financially solvent. Amendment taken will change bill language to read:

“The Controller, the Superintendent, and the head of the affected district’s governing board, or their respective designees, shall meet before each audit to discuss the terms of the audit and the timeline under which it will proceed.”

Action: Passed as Amended 6-0; Consent

AB 710 - Brown (D): Youth on Probation: Local Control Funding Formula

Amends existing law that relates to the public school financing system and local control funding formula. Includes a youth who is on probation as an unduplicated pupil. Requires a local control and accountability plan to also include a description of the annual goals to be achieved for youth on probation for each state priority. Requires the California Department of Education (CDE) to add appropriate data collection questions to the California Longitudinal Pupil Achievement Data System (CALPADS.) Amendment taken will specify that the CDE modify CALPADS to collect data on the probationary status of the pupil, included the beginning and ending dates of the probation.

Action: Passed as Amended 5-2

AB 734 - Kim (R): School Intervention: Parent Empowerment: Petition

Authorizes a charter school requesting school intervention to appeal the final disposition to the county board of education if the local educational agency (LEA) does not implement the options specified in a Parent Empowerment Program (PEP) petition. Authorizes approval of the appeal if the county board finds the LEA acted in violation, or that it did not act in good faith. Provides that if the county board approves the appeal, the LEA must implement the option requested in the petition.

Action: Failed 2-4

AB 803 - Hadley (R): School Districts: Reorganization: New Districts

Establishes separate procedural requirements for an action to form a new school district within the boundaries of a single district within a single county. Authorizes an action to be initiated by a qualifying petition. Requires the county board of education to hold a public hearing upon receiving a petition or resolution proposal. Requires the county superintendent of schools, if the petition or proposal is granted, to call an election regarding the petition or proposal.

Action: Failed 2-5

AB 812 - Weber (D): Limited Academic English Proficiency: Assessments

Requires that students of “limited academic English proficiency” be identified and annually assessed for academic English proficiency, and requires a study on best instructional practices for these students. Amendment taken will delete the bills current contents and instead require, contingent upon an appropriation provided for this purpose, an evaluation of the LAUSD Mastery of Academic English program, through a partnership with the UCLA Center X, to support data collection and analysis, focused around policy questions regarding identification, assessment, curriculum, instruction, professional development, and definitions of proficiency, with a specified timeline for completion.

Action: Passed as Amended 6-0

AB 889 - Chang (R): Concurrent Enrollment in School and Community College

Authorizes the governing board of a school district to authorize a pupil to attend a community college during any session or term as a special part-time or full-time student and to undertake one or more STEM courses offered at the community college if that pupil has exhausted all opportunities to enroll in an equivalent course at the high school of attendance, or at an adult education program. Provides specifications for related partnership agreements.

Action: Passed 7-0

AB 934 - Bonilla (D): Education Technology: K-12 High-Speed Network

Requires the K-12 High-Speed Network (HSN) advisory board, on or before January 1, 2017, to identify strategies to address the lack of technical expertise at K-12 public schools and engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance.

Action: Passed 6-0; Consent

AB 949 - Gonzalez (D): Physical Education: Competition Cheer

Requires the California Interscholastic Federation (CIF), in consultation with the California Department of Education, to develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport by July 1, 2017. Amendments taken will:

  1. Define Competition Cheer to mean a sport wherein teams participate in direct head to head competition with another team with an objective scoring system
  2. Specify that CIF shall seek Title IX compliance with the Office for Civil Rights, but until or unless that compliance has been achieved, schools shall not count Competition Cheer towards Title IX compliance.

Action: Passed as Amended 7-0

AB 975 - Frazier (D): Local Agency Public Construction Act: Bid Criteria

Prohibits local public agencies and schools districts form disqualifying prospective bidders on public works contracts based on a bidder’s involvement in a claim filed by the bidder or the project owner. Amendments taken will strike the provisions of the bill and, instead, insert the following language:

  1. “Any public agency requiring prospective bidders to complete and submit questionnaires shall not disqualify a prospective bidder through its uniform system of rating bidders based solely on whether a prospective bidder has filed a claim against a project owner through the courts, mediation, or arbitration;” and
  2. “Any school district requiring prospective bidders to complete and submit questionnaires shall not disqualify a prospective bidder through its uniform system of rating bidders based solely on whether a prospective bidder has filed a claim against a project owner through the courts, mediation, or arbitration.”

Action: Passed as Amended 7-0

AB 1012 - Jones-Sawyer (D): Pupil Instruction: Course Periods Without Content

Prohibits school districts  from assigning students in grades 7-12 to any course period without educational content for more than one week in any semester, and to courses that students have already completed. Provides the procedures to be followed by a district if any of its schools has not satisfied these provisions. Authorizes public complaints.

Action: Passed as Amended 7-0

AB 1025 - Thurmond (D): Pupil Health: Interventions Pilot Program

Requires the California Department of Education to establish additional pilot programs to encourage inclusive practices that integrate mental health, special education, and school climate interventions following a multitiered framework. Amendments taken will:

  1. Strike the requirement that the CDE develop and implement the federal “Now is the Time” grant
  2. Specify the term of the project at three years and adding a sunset date of January 1, 2020

Action: Passed as Amended 6-0

AB 1044 - Baker (R): School Employees: Reduction in Workforce

Requires, by July 1, 2018, school districts adopt layoff policies that include a teacher’s evaluation rating as a significant factor in determining the order of dismissal.

Action: Referred for Interim Study 4-3

AB 1078 - Olsen (R): Teacher Evaluations

Makes changes to the Stull Act. Requires the State Board of Education to revise, update, and adopt guidelines that school districts may use in the development of teacher evaluation. Requires that the updated guidelines includes a determination of a teacher's overall performance.

Action: Referred for Interim Study 4-3

AB 1088 - O'Donnell (D): Education Facilities: Bond Act: Greene Act

Places the Kindergarten-University Public Education Facilities Bond Act on an unspecified statewide general election, to be operative only if approved by voters at the unspecified statewide general election. Makes changes to the School Facility Program (SFP). Amendment taken will give the State Allocation Board authority to require school districts seeking modernization funds from any bonds passed by voters after January 1, 2016 to reestablish modernization eligibility.

Action: Passed as Amended 5-0

AB 1099 - Olsen (R): School Accountability: Control and Accountability

Requires each school district and county office of education (COE) to post information on its website, if it has one, regarding its procedures for evaluating teachers and principals. Also requires the local control and accountability plan (LCAP) of each school district and COE to contain a listing and description of specified expenditures at each schoolsite. Amendment taken will delete requirement that aggregate data on the number of certificated teachers at each schoolsite that receive satisfactory or unsatisfactory evaluations be posted on the internet.

Action: Passed as Amended 7-0

AB 1145 - Medina (D): Pupils: Early Commitment to College Program

Requires the Superintendent of Public Instruction, by November 1, 2016, to submit specified data on the Early Commitment to College Program (ECCP) to the Legislative Analyst's Office (LAO) and requires the LAO to submit a report on whether the program should be continued to the Legislature, by November 1, 2017. Amendment taken will require that the report contain any available information about participants’ university and other postsecondary program enrollment rates, and any state or local factors contributing to the program’s success or failure.

Action: Passed as Amended 6-0; Consent

AB 1153 - Calderon I (D): Local Control and Accountability Plans: Posting:Rubrics

Requires the State Board of Education (SBE), by January 31, 2017, to consider revising the template for the local control and accountability plan (LCAP) to include a section or appendix sufficient to monitor actual progress on outcomes related to the evaluation rubric adopted by the SBE. Also requires each school district and county superintendent of schools to post their respective populated evaluation rubric on their respective websites.

Action: Passed 6-0; Consent

AB 1198 - Dababneh (D): School Facilities: School Finance: Credit Enhancement

Relates to credit insurance. Creates the California Credit Enhancement Program (CCEP) within the California School Financing Authority (CSFA) to provide lower cost alternatives for school facility financing through a leveraged public-private partnership program. Provides for school districts and community college districts. Creates the California Credit Enhancement Program Advisory Board and the California Credit Enhancement Account within the California School Finance Authority Fund. Amendments taken will:

  1. Specify that the purpose of the CCEP is to establish an account to insure or guarantee facility bonds issued by the CSFA on behalf of charter schools
  2. Require the CFSA to adopt specified regulations
  3. Specify that nothing in this bill shall be construed to require the CSFA or the state to deposit or appropriate funds for the purpose established by this bill
  4. Delete the Advisory Board and authorize CSFA to consult with subject matter experts in developing the regulations.

Action: Passed as Amended 7-0

AB 1248 - Chavez (R): Teachers: Permanent Status

Extends the probationary period for employees at districts with more than 250 average daily attendance (ADA) to three years and specifies instances where permanent status can be taken away.

Action:  Referred for Interim Study 4-3

AB 1258 - Chau (D): Elementary and Secondary Education: Computer Science

Establishes a Computer Science Start-Up Courses Grant Pilot program and a Computer Science Educator Training Grant Pilot program, for the purpose of providing grants to school districts to establish and maintain computer science courses and provide professional development for educators to teach computer science. Amendments taken will:

  1. Specify that the grant funds may be used for one-time purposes associated with the costs of establishing or expanding computer science courses
  2. Provide that the grant applications for both programs shall be on a form developed by the Superintendent of Public Instruction (SPI) and that the form include, at a minimum: an itemized budget for the one-time use of the grant funds, an identification of local matching resources constituting a 50% match, and an agreement by the grant recipient to provide the SPI the data needed to complete the required report
  3. Add “students from groups historically underrepresented in the field of computer science” to the mentions of the students who are proposed to benefit from these programs in grant-making, program design, and reporting requirements
  4. Require the Start-Up Courses program require in its application a specific plan for the development of courses
  5. Amend the requirements of the report required to be submitted to the Legislature
  6. Require that the plan submitted as part of the application for the Educator Training Program be developed in consultation with teachers
  7. Delete provision requiring that the funds for this program be continuously appropriated, limit administrative costs to 5%, specify that the local matching requirement is 50% and that in-kind donations are eligible sources for the local match
  8. Define “sufficient funds” as enough funds to support at least two grants in at least one of the programs.

Action: Passed as Amended 6-0

AB 1426 - Levine (D): Charter Schools: Classroom-Based Instruction

Reduces, for specified charter schools, the amount of classroom-based instruction that must be offered and classroom-based attendance that must occur in order to receive full attendance-based funding. Amendments taken will strike the bill’s current contents and instead:

  1. Provide that the independent study portion of a blended learning program shall be subject to the existing funding determination process for independent study, for specified charter schools that offer no less than 60% and no more than 80% of the minimum required minutes of instruction as a classroom-based program
  2. Require the State Board of Education to adopt criteria for the determination of funding for blended learning charter schools that include facilities costs
  3. Provide that a blended learning charter school shall be deemed a classroom-based school for purposes of eligibility for specified facilities funding

Action: Passed as Amended 7-0

AB 1428 - Gray (D): California State Lottery: Education Finance

Requires the California State Lottery Commission to collect, and make publicly available on the commission’s website, information related to the separate lottery education accounts of each school district and county superintendent of schools.

Action: Passed 6-0; Consent

AB 1495 - Weber (D): Teachers: Evaluation

Requires the development of teacher evaluation procedures to comply with the Administrative Procedure Act. Provides the sources that may be used, if multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes are used for evaluations. Provides a school district may consider an employee's eligibility for professional development to assist an employee in areas of improvement. Requires the use of a specified number of rating levels of professional achievement.

Action: Failed 3-2

Erin Evans-Fudem, Legislative Counsel
Capitol Advisors Group, LLC

Bills Advance in Senate: English Learners, Community Schools, and Science

Both the Senate and Assembly Education Committee hearings yesterday displayed a level of political intrigue usually reserved for second-house hearings, where one house considers bills authored by members from the other house. But fireworks were aplenty between Senate and Assembly colleagues yesterday.

In the Senate Education Committee yesterday, it was remarkable that none of the Republican members attended or voted on bills. It was particularly notable when Senate Minority Leader Bob Huff (R-Diamond Bar) presented SB 381, which would have expanded the reasons LEAs could deviate from the Reduction in Force (RIF) process to include CTE and any reason related to the implantation of the Local Control Accountability Plan (LCAP). After some debate, Senator Huff asked for a vote, but none of the Democratic Members of the committee would make a motion for a vote and the bill remains in committee. It is effectively dead for the year, but can be considered again in January.

The committee did move a number of key education measures related to English Learner reclassification, Community Schools, and implementation of the Next Generation Science Standards.

English Learner Reclassification - the committee voted 7-0 to pass SB 409 (De Leon). The bill modifies reporting requirements for the CDE established by legislation in 2012 regarding the reclassification of English Learners and aligns the report with the Local Control Funding Formula (LCFF) requirements. It also establishes a new date for the report of January 1, 2017. The report is intended to help inform the Legislature on potential future legislation to address EL reclassification.

California Community Schools - Committee chair Senator Carol Liu’s (D-Pasadena) bill to help schools implement wrap-around services passed by a 7-0 vote. SB 403 (Liu) would authorize LEAs and schools to coordinate academic, social, and health services for students, families, and community members in collaboration with community partners to establish California Community Schools (CCS). The bill also requires the State Superintendent to make grants available to qualified recipients to enhance and expand CCS, to the extent funds are allocated for this purpose.

NGSS Implementation - The committee also voted 7-0 to advance SB 652 (Allen), which delays by one year the date by which the State Board of Education is required to consider the adoption of a revised framework for science (Next Generation Science Standards). The bill is needed because the adoption process has taken longer than originally predicted. SB 652 requires the SBE to consider the new science framework by January 31, 2017.

Senator Liu announced that the committee will not hold another regularly scheduled hearing until June because there are no more Senate bills to consider. That means all of the Senate bills dealing with education had a fiscal component and were addressed by the committee in order to meet the policy committee deadline, which is this Friday. In June, the committee will resume by considering education bills sent over from the Assembly.

Nearly all of the bills that passed out of the committee now head to the Senate Appropriations Committee.

Senate Education Committee Actions - Following is a full review of the Senate Education Committee actions from yesterday (bill titles are linked to full text of the bill):

SB 210 - Galgiani (D): Special Education: Deaf and Hard of Hearing: Language

Requires the CDE to select language benchmarks to monitor and track the language acquisition and development students who are deaf and hard-of-hearing. Amendments taken will:

  1. Limit the scope of the bill to children age birth to five years
  2. Clarify that progress toward benchmarks is to be reported by each IEP and IFSP team to the CDE

Action: Passed as Amended 7-0 (Republicans not present)

SB 381 - Huff (R): Certificated School Employees: Reduction in Workforce

Allows school districts to exempt teachers in career technical education or career pathways programs, and also for purpose of maintaining or achieving compliance with the school district’s local control and accountability plan, from the seniority-based staffing provisions in current law.

Action: Bill did not receive a motion; no vote taken - remains in committee (Republicans not present)

SB 403 - Liu (D): State Community Schools Act

Authorizes LEAs or schools to coordinate academic, social and health services for students, families and community members in collaboration with community partners to establish a California Community schools (CCS) and requires the Superintendent of Public Instruction to make grants available to qualified recipients to enhance and expand CCA, to the extent funds are allocated for this purpose.

Action: Passed 7-0 (Republicans not present)

SB 409 - De Leon (D): English Learners: Reclassification

Modifies the reporting requirements established by SB 1108 (Padilla, Chapter 434, Statutes of 2012) regarding the reclassification of English learners to align them with the newly adopted Local Control Funding Formula (LCFF), the eight state priorities and Local Control Accountability Plan requirements and established a new due date for the report of January 1, 2017.

Action: Passed 7-0; Consent (Republicans not present)

SB 425 - Hernandez (D): Career Training: Adult Students

Authorizes the State Superintendent, for purposes of participation in Title IV authorized federal student financial assistance programs, to: 1) Certify by name, a regional occupational center and program, or a county office of education or an adult school; 2) Adopt regulations that authorize a complaint process under the Uniform Complaint Procedures outlined in specified regulations; and to 3) Decertify any program no longer in compliance with specified federal regulations.

Action: Passed 7-0; Consent (Republicans not present)

SB 527 - Liu (D): Education Finance: Safe Neighborhoods and Schools

Establishes various requirements for the grant program authorized by the Safe Neighborhoods and School Act (approved by voters as Proposition 47 in November 2014) for truancy and dropout prevention. This program is to be administered by the CDE.

Action: Passed 7-0 (Republicans not present)

SB 567 - Liu (D): Child Care Programs: Continuity of Services

Deems a child who is enrolled in a federal or state funded child care program to be eligible for the remainder of the program year in order to promote continuity of service and includes legislative intent language regarding early learning and child development services.

Action: Passed 7-0 (Republicans not present)

SB 652 - Allen (D): Instructional Materials: Revised Curriculum: Science

Delays by one year the date by which the State Board of Education is required to consider the adoption of a revised framework for science (Next Generation Science Standards).

Action: Passed 7-0; Consent (Republicans not present)

SCR 35 - Stone(R): Anti-Semitism

Urges each University of California campus to adopt a resolution condemning all forms of anti-Semitism and racism, including Islamophomia, and declares the Legislature’s condemnation of anti-Semitism augmenting education programs at all publicly funded schools in the State of California. Amendment taken will insert language clarifying that nothing in this resolution is intended to diminish the free speech rights of students or anyone else.

Action: Passed as Amended 6-0 (Republicans not present)

Barrett Snider, Partner
Capitol Advisors Group

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