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 AB 272 Page 2 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 AB 272 Page 3 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. AB 272 Page 4 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 AB 272 Page 5 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