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 AB 1238 Page 2 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 AB 1238 Page 3 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 AB 1238 Page 4 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 AB 1238 Page 5 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