BILL ANALYSIS AB 2130 Page 1 Date of Hearing: April 3, 2002 ASSEMBLY COMMITTEE ON EDUCATION Virginia Strom-Martin, Chair AB 2130 (Simitian) - As Introduced: February 20, 2002 SUBJECT : Supplemental Instruction SUMMARY : Repeals and extends supplemental instruction programs to allow school districts to continue providing supplemental instruction to pupils in grades 2-9 who are at risk for retention. Specifically, this bill : 1)Repeals the supplemental instruction program that requires a school district to offer this program to pupils in grades 2-9 who are recommended for retention or retained. a) This program was scheduled for implementation beginning January 1, 2003. 2)Extends the supplemental instruction program that requires a school district to offer this program to pupils in grades 2-9, who have been recommended for retention or retained and who are at risk of retention. a) This program was scheduled to sunset on January 1, 2003. 3)Extends the supplemental instruction program that allows school districts to offer this program to pupils in grades 2-6 who have been identified as having a deficiency in math, reading, or written expression based on results from the Standardized Testing and Reporting (STAR) Program. a) This program was scheduled to sunset on January 1, 2003. 4)Repeals the supplemental instruction program, which was scheduled for implementation beginning January 1, 2003, that that allows school districts to offer this program to pupils in grades 2-6 who meet the following criteria: a) Identified as having a deficiency in math, reading, or written expression based on results from the STAR Program. AB 2130 Page 2 b) Identified as being at risk of retention. EXISTING LAW 1)Creates (AB 1683 (Escutia), Chapter 72, Statutes of 2000) new supplemental instruction programs to provide extra help to students who are at risk, who are retained, or behind grade level in specific core academic areas such as mathematics, science and reading. a) Increases the rate from $2.53 per hour to $3.25 per hour. b) Specifies programs for at risk students in grades 2-9 are scheduled to sunset on January 1, 2003. c) Specifies programs for students who have been recommended for retention or retained are scheduled to begin implementation on January 1, 2003. 2)Requires (AB 1626 (Wayne), Chapter 742, Statutes of 1998) all school districts to adopt promotion and retention policies that require students to demonstrate basic proficiency in certain subjects and certain grades before they progress to the next grade. a) Requires pupils to be retained unless retention is "not the appropriate intervention," as determined by the teacher. b) Requires parental notification and consultation with the teacher and principal before any final determination regarding retention can be made. FISCAL EFFECT : Unknown COMMENTS : Technical amendment . While the supplemental program description is in one section of the education code (EC), the funding calculation is in a different section. Therefore, in order to accurately reflect the changes proposed by this bill, staff recommends that EC 42239 (i.e., the funding calculation section) be added to the bill in order to delete referenced EC sections AB 2130 Page 3 37252.2 and 37252.8, which this bill is proposing to repeal. Current supplemental program use . According to State Department of Education (SDE) statistics in 2000-01, California spent an unknown portion of $127.8 million on supplemental instruction for pupils in grades 7-12, who are at risk or have been recommended or retained. During the same year, the state spent $71 million on supplemental instruction for pupils in grades 2-6, including students who are deficient in math, reading, or written expression as measured by STAR. These numbers reflect the $3.25 per pupil hourly rate that school districts claim to SDE. Legislative Analyst Office (LAO) recommendation . In the 2002-03 analysis of the Governor's Proposed Budget, LAO recommends that the supplemental instruction programs be a part of the larger Academic Improvement Block Grant, which will consolidate eight categorical programs focused on general academic improvement for all pupils, in order to increase local flexibility and effectiveness in serving pupils. Specifically, LAO states, "the Governor's budget proposes funding core supplemental instruction at $3.45 per pupil per hour. The Education Code caps the number of hours that school districts can claim for reimbursement at 7 percent of a district's pupils times 120 hours. The current funding rate is adequate to cover the costs of one teacher teaching 20 to 30 students. Unfortunately, students participating in supplemental instruction may be there because they are not succeeding in the traditional learning environment of one teacher for 20 to 30 students. The current hourly funding mechanism does not provide school districts enough flexibility to offer anything substantially different. For example, students might be more successful if districts could offer fewer supplemental instructional hours, but could work in small groups of three to five students, and could support that instruction with computer-aided exercises. Current categorical programs do not allow school districts to offer such alternative educational approaches to learning. Our recommended Academic Improvement Block Grant would permit such approaches." AB 2130 Page 4 Related legislation . SB 1671 (Escutia), repeals and extends supplemental instruction programs to allow school districts to continue providing supplemental instruction to pupils in grades 2-9 who are at risk for retention. This bill is scheduled for hearing on April 10 in Senate Education. Arguments in support . According to the author, "If AB 2130 does not become enacted, school districts will be required to provide supplemental instruction to pupils who have been recommended for retention or who have been retained, however, school districts would no longer be allowed to offer these same services to at risk students. Timely intervention for students who need extra help is critical for these students to be successful in school. These struggling students need our help sooner, not later." REGISTERED SUPPORT / OPPOSITION : Support Oxnard Elementary School District Sacramento City Unified School District West Contra Costa Unified School District Opposition None on file. Analysis Prepared by : Kimberly Rodriguez / ED. / (916) 319-2087