BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 272
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 272 (Solorio) - As Amended:  April 30, 2009 

          Policy Committee:                              Education  
          Vote:8-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the Leadership for English Learner Success  
          (LELS) program to authorize an institution of higher education,  
          a non-profit organization specializing in English learner  
          research, or a county office of education (COE), to offer  
          professional development for school administrators and  
          counselors until July 1, 2015.  Specifically, this bill: 

          1)Specifies that the LELS program not duplicate the existing  
            English learner (EL) component of the Administrator Training  
            (AT) program.  

          2)Requires the LELS program to provide administrators and  
            counselors with the knowledge and understanding of specified  
            subjects, including the following: second language  
            development; the different types of ELs (i.e., languages,  
            secondary versus elementary pupils); strategies of instruction  
            for ELs; and parent rights.  

          3)Requires the school district to provide the necessary  
            facilities and equipment and the professional development  
            provider to provide the necessary instructional materials.  

          4)Requires the State Department of Education (SDE) to submit an  
            evaluation report of this program to the Legislature by  
            November 1, 2013, as specified.  

          5)Requires the LELS program to be implemented with the School  
            Improvement Grant (SIG) funds of the American Recovery and  
            Reinvestment Act of 2009 (ARRA).  This measure further  
            authorizes a school district to use any other appropriate  








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            federal and state funds for this program.  

           FISCAL EFFECT  

          1)GF/98 costs, likely between $2.6 million and $8.6 million, to  
            implement the LELS program.  This assumes a rate of $3,000 per  
            participant.  This measure requires this program to be  
            implemented with federal State Improvement Grant funds;  
            however, the availability of these funds is unlikely (see  
            comment #4 below).  

          2)GF administrative costs, of at least $250,000, to the SDE to  
            conduct an evaluation of the LELS program, as specified.  



           COMMENTS  


           1)Purpose  .  According to the SDE, there were 1.6 million EL  
            pupils (25%) enrolled in public schools in 2007-08.  Of these  
            children, 1.3 million (85%) speak Spanish and 34,712 (2.2%)  
            speak Vietnamese.  Also, 204,020 (66%) teachers provided  
            services to EL pupils during this time.


            According to a report by EdSource titled Similar English  
            Learner Students, Different Results: Why Do Some Schools Do  
            Better (September 2007), "state policymakers should also be  
            aware that California has the highest pupil-to school  
            administrator ratio in the country.  Finding out what  
            additional support is needed for principals to do this  
            challenging work is critical for administrative credential  
            programs and professional development. The 237 principals  
            answering the surveys ranked 'using assessment data' as their  
            number one professional development priority (54%), but  
            'training and instructional strategies for EL students' was a  
            close second (47%)."  This bill establishes the LELS program  
            to offer professional development to administrators and  
            counselors on subjects related to EL pupils.    

           2)Current statute  provides training programs to teachers,  
            administrators, and school business officials.  The AT program  
            provides funding to local educational agencies (LEAs) to train  
            principals and assistant/vice principals, using State Board of  








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            Education (SBE) approved training providers in the skills and  
            knowledge necessary for their roles as instructional leaders.  
            This training ensures the leadership, infrastructure, and  
            support for full implementation of effective instructional  
            programs to improve student achievement. 

            The Mathematics Reading Professional Development (MRPD)  
            program provides professional development training in English  
            and mathematics to certificated teachers.  AB 472 (Alpert),  
            Chapter 524, Statute of 2006, reauthorized the MRDP program  
            and established an EL component to this program that provides  
            40 hours of training in English language arts (ELA) to  
            teachers of EL pupils. Specifically, this training focuses on  
            language development standards, second language acquisition  
            skills, SBE approved instructional materials, supplemental  
            instructional materials, and strategies to differentiate  
            instruction for ELL pupils in the content area of ELA. 

               ---------------------------------------------------------- 
              |                           |       2009 Budget Acta       |
              |                           |        (in millions)         |
              |---------------------------+------------------------------|
              |MRPD Programb              |            $45.4             |
              |---------------------------+------------------------------|
              |Administrator Training     |             $2.9             |
              |Program                    |                              |
              |---------------------------+------------------------------|
              |School Business Official   |             $1.0             |
              |Program                    |                              |
               ---------------------------------------------------------- 
               aAmounts represent a total reduction of 19.8% (15.4% in the  
               current year - 2008-09 and an additional 4.4% in the budget  
               year - 2009-10).  
               bAmount includes funding for the EL component in ELA.  

           3)Categorical Program Flexibility  . As part of the February 2009  
            budget process, local education agencies (LEAs) were provided  
            with unprecedented fiscal and policy flexibility related to  
            over 40 categorical programs. Specifically, any LEA that  
            received funding for specified categorical programs in the  
            2008-09 fiscal year (FY) is authorized to use this funding for  
            any other educational purpose until the 2012-13 FY. The LEA  
            may choose to continue operating the categorical program that  
            it received funding for or redirect it for any other  
            educational purpose it deems appropriate. 








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             In its current form, this measure does not include the LELS  
            program in the categorical flexibility provided to the LEAs  
            through the budget. The committee may wish to consider whether  
            or not it is appropriate to establish a new categorical  
            program that is not treated in the same manner with regard to  
            flexibility as the majority of categorical programs. Likewise,  
            the committee may wish to consider whether or not it is  
            appropriate to establish a new program with the deteriorating  
            fiscal condition of the state. 

           4)Federal ARRA funds  .  In February 2009, the federal government  
            passed the ARRA, which allocated approximately $100 billion  
            nationwide for education programs with the purpose of  
            stimulating the economy.  Of this amount, California is  
            expected to receive approximately $8 billion.  
           
             The SIG AARA funds are to be distributed based on an existing  
            grant program that provides funds to LEAs with schools in  
            federal program improvement or corrective action (i.e.,  
            failing to meet federal accountability requirements) that  
            demonstrate the greatest set of academic challenges and  
            commitment to raising student achievement.  According to the  
            SDE, California is expected to receive approximately $383  
            million over the next two years.  

            This bill proposes to use SIG funds for this program.   
            However, these federal funds are only available to Title I  
            schools in program improvement and corrective action to  
            increase academic achievement for all of its pupils who are  
            failing to meet federal accountability requirements.  For the  
            most parts, these pupils are ELs and pupils with special  
            needs.  Therefore, it is unlikely that this funding can be  
            earmarked for professional development that benefits only EL  
            pupils.  
           
          5)Should Proposition 98 funding be allocated directly to a  
            non-profit organization  ?  Proposition 98 (GF/98) funding is  
            allocated for LEAs and community colleges (CCs) to provide  
            educational services to K-14 pupils.  Once this funding  
            reaches LEAs or CCs, they may contract for services that they  
            deem necessary to provide their pupils.    

          This bill establishes the LELS program, which provides GF/98  
            funds to non-profit organizations to provide EL professional  








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            development to administrators and counselors.  The committee  
            may consider limiting the allocation of funds to LEAs and  
            higher education institutions who partner with a COE or school  
            district for the purpose of providing training under this  
            program.      
           
           


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081