BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 272
                                                                  Page  1

          Date of Hearing:   April 22, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    AB 272 (Solorio) - As Amended:  April 14, 2009
           
          SUBJECT  :   Teachers: professional development.

           SUMMARY  :  Establishes the Leadership for English Learner Success  
          Program for administrators and counselors to participate in  
          professional development related to teaching English learners.   
          Specifically,  this bill  :  


          1)Establishes the Leadership for English Learner Success  
            Program; and, specifies an institution of higher education, a  
            nonprofit organization specializing in English learner  
            research or professional development, or a county office of  
            education with demonstrated success in establishing and  
            implementing English learner professional development programs  
            may offer a Leadership for English Learner Success Program for  
            school administrators or counselors, or both, under contract  
            or other cooperative arrangement with a school district. 



          2)Specifies an English Learner Success Program shall not  
            duplicate but build upon the English learner components of the  
            Administrator Training Program.



          3)Requires the English Learner Success Program to include, but  
            not be limited to, strategies to enable administrators and  
            counselors who participate in the program to accomplish all of  
            the following:

             a)   Create designated roles and structures for staff with  
               specific responsibility for the education of English  
               learners while infusing responsibility for English learners  
               across roles and structures that are not specific to  
               English learners.

             b)   Obtain and maintain active engagement of parents.









                                                                  AB 272
                                                                  Page  2

             c)   Gauge the implications of current planning efforts for  
               English learners and steps for revision.



          4)Requires the English Learner Success Program to provide  
            administrators and counselors who participate in the program  
            the knowledge and understanding of all of the following:

             a)   The following skills that are needed by teachers to  
               serve English learners:

               i)     Stages of second language development and the  
                 implications for instruction.

               ii)    The different types of English learners and the  
                 implications for instruction.

               iii)   Program options available to English learners.

               iv)    Strategies to build cultural competencies for all  
                 pupils.

               v)     Strategies of specially designed academic  
                 instruction in English that provide English learners with  
                 access to grade level curriculum.

               vi)    Content-specific academic English and strategies for  
                 developing academic English among English learners.

             b)   Funding resources for English learners and the processes  
               to obtain funding.

             c)   Parent rights, parent notifications, program options and  
               placement, and parent choice.



          5)Requires the English Learner Success Program to give  
            administrators and counselors who participate in the program  
            approaches for creating mechanisms that ensure good  
            coordination, consistent focus, and communication across all  
            departments and aspects of the school; and, requires the  
            English Learner Success Program to identify and provide tools  
            designed to gauge gaps in the services and supports provided  








                                                                  AB 272
                                                                  Page  3

            by the district, and in the relationship between district and  
            sites, that if addressed, would strengthen programs for  
            English learners.



          6)Requires the English Learner Success Program to provide  
            administrators and counselors tools and support that address,  
            at least, all of the following:

             a)   The ability to diagnose barriers to change and identify  
               opportunities for strengthening English learner  
               responsiveness in the school.

             b)   Ways to support improvements in practice and program  
               design.

             c)   Ways of inspiring and motivating school personnel for  
               the purpose of increased responsiveness to the needs of  
               English learners.



          7)Authorizes the governing board of a school district to offer a  
            Leadership for English Learner Success Program and requires  
            those districts to provide the following information to  
            prospective participants:

             a)   The objectives of the school district in establishing  
               the project.

             b)   The process and criteria to be used to select the  
               program participants.

             c)   The duration of the program and the number of hours per  
               week each program participant would be in the program.

             d)   The courses to be made available to program participants  
               through the school district and in collaboration with its  
               contractor.

             e)   A description of the criteria and manner in which the  
               program participants will be evaluated upon completion of  
               the program.









                                                                  AB 272
                                                                  Page  4

             f)   A description of the criteria and manner in which the  
               program will be evaluated.

             g)   The proposed expenditures and an outline of proposed  
               federal, state, or local fund matching requirements.



          8)Requires necessary facilities and equipment to be provided by  
            the school district and the necessary instructional materials  
            to be provided by the contractor.



          9)Requires the program to be implemented with funds from the  
            School Improvement Grants component of the federal American  
            Recovery and Reinvestment Act; and, specifies a school  
            district may use any other appropriate federal or state funds  
            for this program.



          10)Specifies the program shall become inoperative on July 1,  
            2015; and, shall be repealed as of January 1, 2016.



          11)Makes findings and declarations regarding English learners;  
            specifies good instruction, a comprehensive program, and an  
            accountable school community must all be in place for English  
            learner success; and, specifies effective schools are able to  
            put these ingredients into place because they have  
            knowledgeable, focused, and strong leadership at the site and  
            district level and these leaders have built the systems and  
            supports necessary to create and sustain the services and  
            programs that pupils need.

           EXISTING LAW:

           1)Establishes the Administrator Training Program to provide  
            training for principals and vice principals at K-12 public  
            schools which requires incentive grants not to exceed $3,000  
            per schoolsite administrator; requires the SPI to report to  
            the Legislature; and, establishes a sunset date of July 1,  
            2012.  (Education Code 44510)








                                                                  AB 272
                                                                  Page  5


          2)Establishes the Chief Business Officer Training Program to  
            provide training for chief business or financial officers at  
            school districts or county offices of education (COE), or  
            people nominated by school districts or COE's, which requires  
            incentive grants not to exceed $3,000 per candidate; requires  
            the SPI to report to the Legislature; and, establishes a  
            sunset date of July 1, 2009.  (Education Code 44518)

          3)Establishes the Math and Reading Professional Development  
            Program to provide teachers, instructional aides and  
            paraprofessionals who directly assist with classroom  
            instruction in mathematics and reading with instruction and  
            training in the areas of mathematics and reading, and includes  
            training specific to teaching English learners.  This program  
            will sunset on July 1, 2012.  (Education Code 99230)

          4)Establishes the Professional Development and Program  
            Improvement Act and declares Legislative intent that  
            professional development and program improvement centers be  
            established throughout the state to offer comprehensive  
            in-service training programs to strengthen the instructional  
            techniques of classroom teachers in kindergarten and grades 1  
            through 12 as well as principals and other school  
            administrators; and specifies, Legislative intent that the  
            professional development and program improvement centers may  
            provide staff development activities pursuant to a systematic  
            assessment of pupil and personnel needs, including needs of  
            pupils who have not mastered basic reading, writing, and  
            mathematic skills, improve the teacher's skills in diagnosing  
            learning disabilities of pupils, and develop corrective  
            programs of instruction.  (Education Code 44631)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :  This bill creates the English Learner Success Program  
          for administrators and counselors to participate in professional  
          development related to teaching English learners.  Currently,  
          there is not a statewide training program for administrators and  
          counselors to address the unique learning needs of English  
          learners.  The bill specifies that the program shall be  
          implemented with funds from the School Improvement Grants  
          component of the federal American Recovery and Reinvestment Act  
          (ARRA).  The bill further specifies that school districts may  
          use any other appropriate federal or state funds for this  








                                                                  AB 272
                                                                  Page  6

          program.  At this time, it is unclear what restrictions will be  
          placed on the federal Stimulus funding; whether these federal  
          funds are an appropriate funding source for this program; or,  
          what discretion the Legislature will take to utilize those funds  
          for other programs.  The committee should consider whether it is  
          appropriate to specify the use of federal stimulus funding for  
          this program.


           American Recovery and Reinvestment Act  .  According to the US  
          Department of Education, a $3 billion appropriation will be made  
          available beginning fall 2009 for Title I School Improvement  
          grants.  Though little guidance has been given to describe the  
          intended uses for these funds, it does state that "ARRA funds  
          should be used to improve student achievement and help close the  
          achievement gap.  In addition, the State Fiscal Stabilization  
          Funds (SFSF) program requires progress on four reforms  
          authorized under the bipartisan Elementary and Secondary  
          Education Act of 1965 and the America Competes Act of 2007:

             a)   Making progress toward rigorous college- and  
               career-ready standards and high-quality assessments that  
               are valid and reliable for all students, including English  
               language learners and students with disabilities;

             b)   Establishing pre-K-to-college-and-career data systems  
               that track progress and foster continuous improvement;

             c)   Making improvements in teacher effectiveness and in the  
               equitable distribution of qualified teachers for all  
               students, particularly students who are most in need; and,

             d)   Providing intensive support and effective interventions  
               for the lowest-performing schools."

          It is unclear if the program proposed by this measure will fit  
          into the defined uses for the federal ARRA funds for school  
          improvement grants.

           Existing Training for Administrators  .  The bill specifically  
          states that the training proposed by the measure shall not  
          duplicate the training provided in the Administrator Training  
          Program.  The existing Administrator Training Program (ATP)  
          addresses some of the important components in this measure.   
          According to California Department of Education, the ATP  








                                                                  AB 272
                                                                  Page  7

          provides training in "mastering the use of assessment data from  
          the Standardized Testing and Reporting (STAR) Program, including  
          analyzing achievement of specific subgroups including English  
          language learners and individuals with exceptional needs, and  
          school management technology to improve pupil performance."  The  
          ATP also provides leadership training to improve the academic  
          achievement of pupils and training on instructional strategies,  
          to teach essential content in ways that address the varied  
          learning needs of pupils, with special emphasis on English  
          language learners and individuals with exceptional needs.

          As a result of the most recent Budget Act, the Administrator  
          Training Program and the Chief Business Officer (CBO) Training  
          Program were placed in Tier 3, which means the program funding  
          was reduced by 19.8%.  The total program funding for the  
          Administrator Training Program for the 2009-10 Budget year was  
          $3.639 million.  In addition to the reduction in funding, these  
          programs are open to categorical flexibility, which means school  
          districts can use the funds for any purpose.  This means that  
          districts are not required to offer administrator training or  
          CBO training and instead can transfer those funds to other  
          programs.  In light of this, is it appropriate to establish a  
          new categorical training program?   Would this new program be  
          treated differently than the existing training programs that are  
          given full funding flexibility at the local level, because it  
          specifies that federal funds are to be used?

          According to the author, California's public schools are  
          annually receiving millions of school-aged immigrants from  
          abroad, creating mosaic of ethnic, linguistic, and cultural  
          identification.  Many of these students come from households  
          where English is not the primary language.  As such, educators  
          must assure that these students achieve the standards set for  
          all students in California, while learning English  
          simultaneously.  Many schools' programs for English learners are  
          not research-based nor have the adequate resources to help their  
          students overcome language barriers.  The current preparation  
          and professional development required by law of school  
          administrators may not provide sufficient exposure to the range  
          of new and innovative strategies and techniques necessary to  
          strengthen their ability to effectively and efficiently lead an  
          organization and build the capacity of staff to enhance the  
          academic performance of English learners. 
           
           According to an EdSource Research Brief titled, Similar English  








                                                                  AB 272
                                                                  Page  8

          Learner Students, Different Results: Why Do Some Schools Do  
          Better?, "Principal leadership in the context of  
          accountability-driven reform is being redefined to focus on  
          effective management of the school improvement process.  In  
          general, English learner (EL) Academic Performance Index (API)  
          scores were higher in schools with principals whose responses  
          indicate that they act as managers of school improvement,  
          driving the reform process, cultivating the school vision, and  
          using student assessment data to focus on school improvement,  
          including evaluation of teacher practice and assistance to  
          struggling students.  They also report implementing  
          instructional programs to address the needs of EL students." 

          According to The Education Trust, "Counselors who serve their  
          students as advocates and change agents ensure educational  
          equity for all their students.  They can do this by practicing  
          in collaborative ways with other professionals in the school  
          building to influence system-wide changes.  These changes impact  
          whole schools as well as individual students and can have a  
          profound impact on student achievement if school counselors:
          1)Influence attitudes and beliefs regarding all groups of  
            students' abilities to achieve high standards; 
          2)Improve access and success in rigorous academic courses for  
            underrepresented students; 
          3)Provide attention to equity, access, instructional programs  
            and support services; 
          4)Manage resources designed to improve the learning success for  
            students experiencing difficulty with rigorous academic  
            programs; 
          5)Develop high aspirations in students rather than just  
            attending to aspirations as they emerge; and, 
          6)Influence systemic change so that practices and procedures  
            support student achievement for all groups of students."   
           
          Committee Amendments  : This bill creates a new professional  
          development program and proposes a sunset date of July 1, 2015,  
          but does not propose an evaluation of the program.  Generally,  
          pilot programs that include a sunset date also include an  
          evaluation component so that the Legislature will have the  
          information needed to access whether or not to extend the sunset  
          date in the future.  Staff recommends the bill be amended to  
          include an evaluation of the program due to the Legislature by  
          November 1, 2013.
           
          REGISTERED SUPPORT / OPPOSITION  :   








                                                                  AB 272
                                                                  Page  9


           Support 
           
          California Language Teachers Association (Previous Version)
          Californians Together

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087