BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 122
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          Date of Hearing:   April 1, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     AB 122 (Coto) - As Amended:  March 24, 2009
           
          SUBJECT  :   Small schools

           SUMMARY  :  Authorizes school districts to establish small  
          schools.  Specifically,  this bill  :  

          1)Makes declarations and findings regarding the following:

             a)   The impact of smaller school size, including lower  
               dropout and truancy rates; increased parent involvement; a  
               greater sense of belonging; fewer discipline problems;  
               fewer crime, violence and gang participation; decrease in  
               incidences of alcohol and tobacco abuse; and increase in  
               pupil attendance;
             b)   There is ample evidence that well-planned and  
               well-implemented small schools can result in astonishing  
               growth in pupil achievement and a significant narrowing of  
               the achievement gap;
             c)   Parent groups and school districts throughout the state,  
               including San Diego, Oakland, Sacramento, San Jose, Los  
               Angeles, and San Francisco have initiated efforts to create  
               small schools; and
             d)   The trend in California has been to build larger and  
               larger schools.

          2)Expresses the intent of the Legislature to reenact and revise  
            provisions in state law that have been repealed to create an  
            incentive for school districts to establish small schools with  
            the assistance of funding for new construction, modernization,  
            and reconfiguration of existing schoolsites.

          3)Authorizes a school district to establish a small school  
            subject to all the following conditions:

             a)   Pupil enrollment in a kindergarten and grades 1 through  
               5 school shall not be fewer than 80 pupils and more than  
               250 pupils; in kindergarten and grades 1 through 8 school,  
               no fewer than 80 pupils and not more than 450 pupils; and  
               the number of pupils enrolled in a school with grades 6  
               through 12 shall not be fewer than 80 pupils and not more  








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               than 400 pupils for those grades.

             b)   The school shall be staffed by school district employees  
               who volunteer to be assigned to the school. 

             c)   The facilities that house the pupils enrolled in the  
               school shall be located in proximity to one another. 

             d)   Enrollment in the school shall be open to all pupils who  
               have at least one parent or guardian who is a resident in  
               the attendance area of the school district.  

             e)   Admission to the school shall not be determined by pupil  
               achievement. The school shall have a heterogenous pupil  
               population in terms of pupil achievement that reflects the  
               diversity of the pupils in that school district.  The small  
               school shall develop an objective, transparent process to  
               ensure the school has a heterogeneous pupil population.

             f)   The school shall have a governing body consisting of  
               school staff, parents, guardians, and pupils. Members of  
               those groups shall be elected to the governing body by  
               their peers. 

             g)   A school district that establishes a small school shall  
               allocate funds to the small school in a manner that results  
               in the small school receiving the amount of funds that each  
               pupil would generate at the pupil's prior school or the  
               school that the pupil would otherwise attend. Funds shall  
               be subtracted for contracted or required school district  
               services as set forth in the school plan or the memorandum  
               of understanding between the governing board of the small  
               school and the governing board of the school district.   
               School staff and the governing body of the small school  
               shall have flexibility on how funds allocated to the school  
               district are spent.

             h)   The small school shall have autonomy over budget, hiring  
               decisions, curriculum, instructional practices, and,  
               subject to negotiated collective bargaining agreements,  
               working conditions. 

             i)   A school district that establishes one or more small  
               schools pursuant to this chapter shall develop, with  
               collaboration from representatives of community groups,  








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               bargaining units representing the employees of the school  
               district, and parents of pupils of the school, a school  
               plan for each small school that includes all of the  
               following: 

               i)     Goals for pupil achievement. 
               ii)    Teaching and learning philosophy. 
               iii)   Curricular focus of the school. 
               iv)    Goals for school culture and practices.
               v)     Leadership goals. 
               vi)    Tentative budget.
               vii)   Decisionmaking process, including the role of the  
                 governing board of the small school. 
               viii)  An evaluation plan based on multiple measures.  The  
                 school's own evaluation that includes the results of  
                 assessments required by the state shall be submitted to  
                 the department at the beginning of the second year of the  
                 school's operation.
                
             j)   A school district that establishes a small school  
               pursuant to this bill shall develop a process for  
               interested stakeholders to submit proposals for the  
               establishment of a small school. The proposal shall include  
               all of the factors in (i) above.

             aa)  A school district that establishes one or more small  
               schools pursuant to this chapter shall adopt regulations  
               that include the small school or schools as part of an  
               academic reform strategy focused on the positive outcomes  
               small schools are intended to produce. The positive  
               outcomes resulting from the adopted academic reform  
               strategy shall include, but are not limited to, any of the  
               following: 

               i)     A clearly defined mission and goals. 
               ii)    High standards and expectations for pupils and  
                 staff. 
               iii)   Personalization. 
               iv)    Individual respect.
               v)     Universal involvement in decisionmaking.
               vi)    Integrated learning. 
               vii)   Multiple measures of pupil achievement. 
               viii)  Antiracist and relevant curriculum. 
               ix)    Differentiated instruction.
               x)     Project-oriented learning. 








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               xi)    Heterogeneous pupil grouping.
               xii)   Pupil-centered classrooms. 
               xiii)  Connectedness with stakeholders. 
               xiv)   Diversity. 
               xv)          A safe environment. 
               xvi)   A high-quality learning environment. 
               xvii)  Alignment of resources with goals. 
               xviii) Maximizing community resources and partnerships. 
               xix)   Lifelong professional development. 
               xx)    A plan for continuous improvement, including data  
                 analysis.

             bb)  A small school may be located within an existing  
               elementary, middle, or comprehensive high school and may be  
               newly constructed, located on a single site, or located  
               with other small schools or learning communities. The total  
               enrollment of a small school site shall not exceed the  
               recommendation of the department. 

          4)A school district that establishes one or more small schools  
            pursuant to this bill is encouraged to do any or all of the  
            following:
           
             a)   Apply for new construction grants for unhoused pupils as  
               a vehicle for establishing small schools on, adjacent to,  
               or separate from existing campuses. 

             b)   Use modernization funding to modernize and reconfigure  
               existing campuses into small schools, either as part of a  
               comprehensive school complex or as a cluster of small  
               schools. 

             c)   Establish the small school in order to provide the small  
               school with the flexibility of a charter school while  
               allowing it to be located within the district.
               i)     A small school shall not claim reimbursement for  
                 state mandates, except for costs related to the  
                 administration of the high school exit examination. 

          5)Repeals the provisions of this bill on January 1, 2017, unless  
            a later enacted statute, that is enacted before January 1,  
            2017, deletes or extends that date. 

           EXISTING LAW  grants authority to school districts to establish  
          and operate public schools within their boundaries, including  








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          the establishment of Alternative Schools, defined as a school or  
          separate class group within a school designed to promote  
          positive values of self-reliance, initiative and maintain a  
          learning situation that maximizes student self motivation and  
          opportunities for teachers, parents and students to  
          cooperatively develop the learning process and its subject  
          matters.   

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   Small schools  .  Much research has been conducted on  
          the impact of school size on pupil achievement and retention,  
          graduation rates, parental involvement in the schools, and  
          school safety.  The School Redesign Network at Stanford  
          University conducted a study of five urban, public high schools  
          that serve primarily students of color at higher rates than the  
          state average and send most of their students to college.  The  
          report concluded that the smaller learning communities of the  
          schools provided more personalization and instructional supports  
          needed to create more successful learning.  

          While research shows that smaller is better, there is no  
          conclusion and agreement on the optimal size of a school.   
          Research highlights small school sizes ranging from 150 to 1000.  
           One report by the KnowledgeWorks Foundation titled "Dollars and  
          Sense:  The Cost Effectiveness of Small Schools" concludes that  
          one size does not fit all, and that determining the upper limit  
          for enrollment per grade level may be more beneficial than  
          defining the size for a small school.  For example, a  
          kindergarten through grade 6 school with 500 pupils is not  
          equivalent to a Kindergarten through grade 8 school with the  
          same number of pupils.  The report recommends specifying an  
          enrollment cap per grade level as follows:

               High schools (9-12):  75 students per grade level (300  
          total enrollment)
               Middle schools (5-8):  50 students per grade level (200  
          total enrollment)
               Elementary schools (1-8):  25 students per grade level (200  
          total enrollment)
               Elementary schools (1-6):  25 students per grade level (150  
          total enrollment) 

          In an evaluation of 489 schools of varying sizes, the report  
          showed that the cost of constructing smaller schools was 20  








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          percent higher.

          Some studies also suggest that there are other approaches to  
          downsizing, including small learning communities within a large  
          campus and "academies" within high schools that operate around  
          themes.

           Small High School Pilot Program  .  In 2004, AB 1465 (Chan),  
          Chapter 894, Statutes of 2004, established the Small High School  
          Pilot Program and set aside $25 million ($20 million for new  
          construction and $5 million for modernization) from state bond  
          funds for this purpose.  Proposition 1D, the  
          Kindergarten-University Public Education Facilities Bond Act of  
          2006, authorizes up to $200 million from new construction and  
          modernization funds to be used for Small High Schools.  

          The pilot provided a small high school, defined as a school with  
          an enrollment of less than 500 pupils, with an increased grant  
          amount equivalent to 120% of the base grant.  The pilot was  
          authorized for two years, between January 1, 2006 and January 1,  
          2008.  According to the Office of Public School Construction,  
          only one project by Porterville Unified School District, housing  
          499 pupils in 19 classrooms, received funding from New  
          Construction.  No modernization funds were apportioned.  The  
          sunset for the Small High School Pilot Program was January 1,  
          2008, and the statute was not extended.

          Some districts have argued that the current funding structure  
          encourages the construction of larger schools.  State education  
          bond funds are awarded by per pupil grants.  Because the  
          existing grant levels are inadequate, the only way to increase  
          the funds available to build a school is to increase the number  
          of per pupil grants for the school, which result in the  
          construction of larger schools.

           This bill  is similar to AB 1841 (Coto), which was held in the  
          Assembly Appropriations Committee Suspense file in 2008.  Last  
          year's bill attempted to revive the funding stream for the Small  
          High School Pilot Program.  The focus of AB 122 is on the  
          structure and programmatic aspects of small schools and simply  
          encourages school districts to apply for state bond funds to  
          construct or rehabilitate existing buildings to facilitate small  
          schools.

          The bill requires the district to establish a process whereby  








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          interested stakeholders can submit proposals to establish a  
          small school pursuant to this bill.  If the district chooses to  
          establish the small school, the district shall provide the funds  
          each pupil would normally generate to the school.  The school  
          shall have a governing body consisting of school staff, parents,  
          guardians, and pupils, who shall be elected by their peers. The  
          bill requires the district to give the small school autonomy and  
          flexibility over budget, hiring, curriculum, instructional  
          practices, and working conditions.  The bill specifies that  
          enrollment shall be open to all pupils with at least one parent  
          or guardian residing in the district's attendance area, but  
          specifies that the school must have a heterogeneous pupil  
          population in terms of pupil achievement that reflects the  
          diversity of the pupils in that school district.

          The author may wish to consider the following:

          Clarify and provide guidelines for governance issues:  Establish  
          the structure of the governing body, including specifying the  
          size of the body, establish the process for election, and  
          specify the duties and responsibilities of the governing body.   
          Clarify what "elected by their peers" mean.  Would school staff  
          only vote for school staff, parents only vote for parents, etc.?  
           Clarify the relationship between the governing body and the  
          local school board.  The local school board is ultimately  
          responsible for accountability measures.  Should the local  
          school board be required to conduct regular evaluations of the  
          school?  Should the school's governing body be required to  
          provide reports to the local governing board on how funds are  
          spent?

          Clarify the role of staff and the governing board:  Section  
          58530 (g) says "school staff and the governing board of the  
          small school shall have flexibility on how funds allocated to  
          the school district are spent."  Do both staff and the governing  
          body make decisions jointly? 

          Clarify enrollment procedures:  The bill requires the school to  
          have a heterogeneous pupil population in terms of pupil  
          achievement that reflects the diversity of the pupils in that  
          district.  It is unclear how a school can ensure that the pupil  
          population be heterogeneous without subjectively selecting  
          students.  Is admission to the school based on prior test  
          scores?  What if a pupil is new to the state or country and  
          doesn't have test scores? 








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           Challenge to establishing small schools  .  Districts can and have  
          already established small schools.  The bill cites successful  
          efforts in Los Angeles, Oakland, Sacramento, San Diego, San  
          Francisco, and San Jose.  Some are theme-based schools while  
          others are "schools within a school".  In its letter of Support,  
          San Francisco Unified School District writes, "At San Francisco  
          Community, our small school serving 285 students in grades K-8,  
          the Small Schools by Design Policy has allowed our project-based  
          approach to flourish using the curriculum autonomies.  We teach  
          a project-based approach for half of our school year where  
          students are deeply engaged in nine-week, science-based,  
          challenge-driven projects which provide the context for learning  
          essential standards."  

          The challenge in establishing small schools is funding for  
          facilities and programs, including staffing.  This bill does not  
          address funding barriers beyond encouraging districts to apply  
          for state bond funds.  

           Arguments in Support  .  The author states, "The purpose of AB 122  
          is to close the achievement gap and to assist many more  
          California students experiencing achievement and success in our  
          schools.  AB 122 points out and defines the potential of small  
          schools to meet this aim.  Many such schools, including in Los  
          Angeles, Oakland and San Francisco, have proven themselves as  
          places for student success and for closing the achievement gap.   
          The bill also defines key elements of small schools and  
          identifies incentives to school districts to develop small  
          schools.

          "The State Superintendent of Public Instruction identified his  
          primary goal for 2008 (the Year of Education) was to close the  
          achievement gap.  At the same time, data and studies continue to  
          show that the achievement gap is not closing - but in many cases  
          it is broadening.  Change within large schools, especially in  
          high poverty communities to meet the needs of all students and  
          ensure their success, remains agonizingly beyond our reach.  At  
          the same time, there exists ample evidence that small schools  
          supported within existing school districts can make a dramatic  
          difference in student success.  In San Jose's generally low  
          scoring Alum Rock School District one small elementary school  
          has earned an API score of 881 and a small middle school has  
          earned an API of 795.  Both schools serve students typically  
          characterized as coming from low performing student population."








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           Suggested amendments  :  

          1)On page 5, line 1, strike "board" and insert "body".

          2)The bill requires the school to send its evaluation to the  
            Department of Education.  It should include the report to the  
            Assembly and Senate Education Committees.

          3)Strike Section 58531(c)(2).  This provision was specific to  
            dependent charters, which has been deleted from the bill. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          San Francisco Unified School District

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087