BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1238
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                  AB 1238 (Hernandez) - As Amended:  March 31, 2009
           
          SUBJECT  :   Advanced placement program

           SUMMARY  :   Requires school districts maintaining any of grades 9  
          to 12 to offer Advanced Placement (AP) courses in certain areas  
          of study.  Specifically,  this bill  :  

          1)Requires school districts to offer AP courses in the following  
            areas of study: 

               a)     English language and composition;

               b)     United States history;

               c)     Spanish language;

               d)     Calculus; and,

               e)     Chemistry.

          2)Allows small rural school districts to offer online courses in  
            order to meet this requirement.

          3)Defines small rural school districts as a school district with  
            an annual enrollment of fewer than 600 pupils based on prior  
            school year California Basic Educational Data System (CBEDS)  
            data and designated a rural school by the Superintendent of  
            Public Instruction.

          EXISTING LAW  : 

          1)Encourages, but does not require, students to undertake  
            challenging coursework in the form of AP courses and other  
            honors courses.  

          2)Establishes a program whereby an economically disadvantaged  
            student enrolled in an AP course may apply to their school  
            district for a grant to pay a portion of their AP exam fee.  

          3)Establishes the Advanced Placement Challenge Grant Program  








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            under which a high school would design and implement a plan  
            that would result in its pupils having access to at least four  
            AP courses in core curriculum areas.  Money was appropriated  
            to support efforts at 550 qualifying high schools with no or  
            few AP courses, including funds for online AP course options.

          4)Allows any school district to offer high school online  
            classes, while claiming attendance credit, in a classroom  
            setting, through independent study, in a charter school, or to  
            any pupil who is otherwise attending for the minimum day.

          5)Allows any school district to offer online classes to any  
            pupil, if the district is not claiming attendance credit for  
            that class time.

           FISCAL EFFECT  :   State-mandated local program.

           COMMENTS  :   This bill would require that all school districts  
          offer pupils a minimum number of AP courses, thereby imposing a  
          state-mandated local program.  According to the author, this  
          bill will ensure that all California students have equal access  
          to enroll in AP courses.

           Background on Advanced Placement Courses  .  The AP program,  
          sponsored by the College Board (a private non-profit education  
          agency), was started nearly 50 years ago to provide more  
          academically challenging high school courses.  Because AP  
          courses are introductory college-level courses, most colleges  
          and universities provide (a) college credit or advanced  
          placement status to students who score a 3 or better (out of 5)  
          on an AP exam taken at the end of the course, and (b) add points  
          to a student's grade point average (GPA) for AP course grades.   
          Access to AP courses becomes a virtual necessity if a student  
          wants access to the most competitive schools and the college  
          credit received may assist students in graduating early and  
          saving on costly tuition.  
           
           Equal Access  .  According to 2009 data released by the College  
          Board, 30.8% of the public high school class of 2008 took at  
          least one AP Exam during high school, significantly higher than  
          the 20.2% five years ago.  Additionally, low-income students  
          comprised 28.4% of the AP population in 2008, compared to only  
          21.6% five years ago.  But despite these increases, data shows  
          that there are still many school districts in California,  
          primarily in rural areas, where student AP participation rates  








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          are less than 1%.  Lack of access to AP courses in these  
          schools, especially when the popularity of AP is growing  
          elsewhere across the state and nation, deprives its students of  
          a competitive edge when applying to college. 

          In 1999, the American Civil Liberties Union filed a lawsuit  
          arguing that the State's failure to assure "equal and adequate  
          access" to AP courses further perpetuates educational  
          inequalities, particularly for students enrolled in lower  
          income, predominantly African-American and Latino schools.  The  
          ACLU noted that in 1998, for example, the University of  
          California, Berkeley rejected 8,000 applicants whose GPAs were  
          4.0 or higher, presumably choosing to accept students with  
          higher GPAs due to their enrollment in AP courses.  

           Advanced Placement Challenge Grant Program  .  The Budget Act of  
          2000-2001 appropriated $16.5 million to support AP expansion at  
          550 qualifying high schools, prioritized by: (a) schools  
          offering three or fewer AP courses, (b) schools not offering AP  
          courses in either math or science, (c) schools with low college  
          participation rates, and (d) schools with a majority of pupils  
          who qualify for free or reduced price meals.  Participating high  
          schools were to provide students with access to a minimum of  
          four AP courses in core curriculum areas, including one  
          Mathematics, one Science, and at least two of the following  
          subject areas: English, Social Science, Foreign Language, or  
          Fine Arts.  Schools were also to commit to increasing the number  
          of pupils in each AP course who take the AP test.

          According to data gathered by the College Board, the program was  
          relatively successful.  AP Challenge Grant Schools saw 51.6%  
          growth in the number of African-American AP exam takers and  
          60.2% growth in the number of Hispanic AP exam test takers  
          between the years 2000-2003.  Overall, the number of AP exams  
          taken in those schools increased 50.4% between the years  
          2000-2003.  Expanding such an incentive program, rather than  
          imposing an unfunded mandate on schools to require AP courses,  
          could be an alternative way to increase access.

           Online Advanced Placement  .  Some school districts that are  
          unable to offer AP courses directly in the classroom have been  
          able to utilize online AP course programs to serve their  
          students.  Universities offer online teaching programs that  
          include AP courses and there are private companies that  
          specialize in teaching online AP courses as well.  Students  








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          enrolled in online classes will then take a traditionally  
          administered AP exam at a physical test site in May, the same as  
          all other AP students. 

           Potential Issues  .  The bill currently states that all districts  
          must offer AP courses.  In a school district with multiple high  
          schools then, there could be one high school that offers all the  
          AP courses specified herein while another high school offers  
          none.  Such a situation would contradict the author's intent to  
          make sure all students have access to AP courses.  Staff  
          recommends an amendment that all high schools be required to  
          offer these courses.

          Additionally, the bill currently mandates five specific courses,  
          rather than general subject areas.  For example, it states that  
          Chemistry must be offered, when College Board data shows Biology  
          to be a much more popular course and exam in California.   
          Mandating specific courses rather than subject areas may  
          restrict the flexibility of schools to offer courses that match  
          student demand.  Staff recommends an amendment that changes the  
          specific course requirements to specific subject requirements.

          The bill states that rural districts may offer online courses  
          presumably because it may not have the resources to hire  
          appropriate teachers especially while California's public  
          schools face an existing and projected severe shortage of math  
          and science teachers, particularly in low performing schools.   
          There also may not be enough students who want to take the  
          course for an efficient student-teacher ratio.  However, similar  
          problems exist in low-income urban districts throughout the  
          state that may also benefit from the online option.  Existing  
          law already authorizes school districts to offer online classes.  
           Staff recommends an amendment stating that it is the intent of  
          the legislature for all high schools to consider alternative  
          means of providing AP courses, including online education, if an  
          AP certified teacher may not be available or if there is low AP  
          course enrollment, and sets criteria for high-quality online  
          courses.

          Finally, the increasing focus on college preparatory courses in  
          recent years has drawn scrutiny from critics who argue that more  
          focus and resources should be put towards multiple pathways.   
          Not all students are college bound and The California Dropout  
          Research Project recently released a report entitled Solving  
          California's Dropout Crisis which estimated that only about two  








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          thirds of California's students graduate on time.  The report  
          found that drop out rates and low achievement have many shared  
          causes such as poor attendance, low engagement and low-quality  
          instruction, and suggested that the state consider more options  
          for students to meet graduation requirements through career and  
          technical education courses.  

           Arguments in Support:   
          Supporters of this legislation argue that the availability of AP  
          courses in high school sets the frame of mind for students that  
          college is possible and an opportunity for all.  California  
          needs an educated workforce and college preparedness is a huge  
          aspect of this goal. 

          Background materials on this bill were not received in a timely  
          manner from the author.




           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County, and Municipal Employees
          California Immigrant Policy Center

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Irene Ho and Marisol Avi?a  / ED. /  
          (916) 319-2087