BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                            John Vasconcellos, Chair
                           2001-2002 Regular Session
                                        

          BILL NO:       AB 2130
          AUTHOR:        Simitian
          AMENDED:       April 16, 2002
          FISCAL COMM:   Yes            HEARING DATE:  June 19, 2002
          URGENCY:       No             CONSULTANT:James Wilson


           SUBJECT  :  Supplemental Instruction (Summer School, etc.)
           
          SUMMARY  

          This bill continues the current authorization to offer  
          supplemental instruction to pupils at risk of retention in  
          grades 2 through 6 without imposing a "cap" on state  
          reimbursement for such instruction that is otherwise  
          scheduled to take effect January 1, 2003.

           NEED FOR THE BILL

           This bill is needed to ensure the continued provision of  
          remedial classes for pupils in grades 2 through 6 who are  
          at risk of not being promoted to the next grade.  Since  
          enactment of SB 1683 (Escutia) in 2000, schools have been  
          authorized to provide supplemental instruction to pupils in  
          grades 2 through 6 and receive state funding (currently  
          $3.38) for each pupil per hour of instruction.  As of  
          January 2003, schools will be limited to claiming funds for  
          no more that 5% of their pupils in grades 2 through 6.

           BACKGROUND  

          Chapter 975 (AB 265) of 1995 established a process to  
          establish core subject matter content and performance  
          standards and established the Standardized Testing and  
          Reporting (STAR) program to assess pupil progress towards  
          meeting the standards.  Chapter 742 (AB 1626) of 1998 was  
          enacted with the avowed intent of ending "social promotion"  
          and requiring every pupil to meet grade level standards in  
          core subject matter (reading, writing and mathematics)  
          before that pupil can be promoted to the next grade level.





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          SB 1683 (Escutia, Chapter 72) of 2000 reorganized summer  
          school law under which school districts may claim state  
          funding for pupil/hours of supplemental instruction  
          delivered before or after school, on Saturdays, or during  
          the summer or intersession.  

          Since 1983 school districts have been allowed funding for  
          7% of their enrollment for "regular" supplemental  
          instruction and, if funds remain available in the statewide  
          appropriation, districts may receive reimbursement for an  
          addition 3% (up to 10%) of their enrollment.  

          In addition, supplemental instruction of pupils in grades 7  
          through 12 who are at risk of failing the high school exit  
          exam and therefore not graduating was re-authorized by SB  
          2X (O'Connell, Chapter 1) of 1999.  Reimbursement for this  
          supplemental instruction is uncapped.  Prior to SB 1683,  
          however, remedial supplemental instruction for pupils below  
          grade 7 had to be accommodated within a capped program  
          except for pupils who were actually retained in their grade  
          level for a second year.

          SB 1683 reorganized categories for elementary grades  
          remedial supplemental instruction as follows:

               1)        Pupils in grades 2 through 6 who are  
                    identified as having an academic deficiency in  
                    reading, writing or mathematics based on the  
                    results of STAR testing may receive supplemental  
                    instruction, but schools are limited to receiving  
                    reimbursement for no more than 5% of their grade  
                    2 through 6 enrollment.  

               1)        Pupils in grades 2 through 6 who are  
                    considered to be "at risk" of not being promoted  
                    to the next grade may receive supplemental  
                    instruction and reimbursement is currently  
                    uncapped.  After January 2003, these pupils will  
                    have to be accommodated within the 5% cap along  
                    with pupils in the first category.

               2)        Pupils in grades 2 through 6 who are  
                    actually retained in grade (held back) may  
                    receive supplemental instruction without limit on  
                    state reimbursement.





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           ANALYSIS  

           This bill:  

          1)   Repeals sections of current law that are scheduled to  
               become operative on January 1, 2003, thereby imposing  
               a limit on state funding for supplemental instruction  
               of pupils in grades 2 through 6 who are at risk of  
               academic failure.

          2)   Removes provisions that repeal, as of January 1, 2003,  
               those sections of law that authorize uncapped funding  
               for supplemental instruction of pupils in grades 2  
               through 6 who are at risk of not being promoted to the  
               next grade.

          3)   Makes conforming changes.





           STAFF COMMENTS  

           1)   Related legislation.   This bill is the same as SB 1671  
               (Escutia) which was heard in this Committee on April  
               10 of this year.  SB 1671 was approved on a vote of 14  
               to 0 and has continued to receive unanimous votes  
               since.  SB 1671 is currently pending in the Assembly  
               Education Committee.

           2)   Proposed amendment.    Section 42239 of the Education  
               Code currently provides for transfer of available  
               balances among appropriations for summer school in  
               order to assure that appropriations will be used where  
               they are most needed and avoid creating a deficit or  
               re-capping remedial summer school by forcing districts  
               to live within fixed appropriation limits. Currently  
               this section calls for the Superintendent to notify  
               the Director of Finance only in the event of that  
               deficiency remains after all balances have been used.   
               Staff recommends that the section be amended to  
               provide notice to the Director of Finance whenever a  
               balance must be used to meet claims outside of the  
               original schedule.  





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          On page 6, after line 39, strike     (4)   and insert:

          (4) The Superintendent shall notify the Director of Finance  
               whenever it becomes necessary to utilize available  
               funding for supplemental instruction pursuant to this  
               subdivision.  This notice shall specify the dollar  
               amount of claims that were met, the section for which  
               the claims were submitted and the item of  
               appropriation that was used. 

          (5)  

           SUPPORT  

          California Network of Educational Charters (CANEC)
          Small School Districts Association

           OPPOSITION  

          None received on this version of the bill.