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. AB 2130 Page 2 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. AB 2130 Page 3 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. AB 2130 Page 4 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.