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