BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1238
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 1238 (Hernandez) - As Amended:  May 6, 2009 

          Policy Committee:                              Education  
          Vote:8-3

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

           SUMMARY  

          This bill requires school districts maintaining any of grades  
          9-12 to offer advanced placement (AP) courses in English,  
          history, foreign language, mathematics, and science at each  
          school in the district maintaining grades 9-12.  Specifically,  
          this bill: 

          1)Expresses legislative intent that school districts consider  
            "alternative means" of providing AP courses, if an AP  
            certified teacher is not available or fewer than 10 pupils are  
            enrolled in a course.  This measure defines "alternative  
            means," as, including, but not limited to, a high-quality,  
            online course, as specified.  

          2)Defines a "high quality, online course" as meeting specified  
            requirements, including the approval of the course by the  
            school district governing board and a requirement that the  
            teacher of an online course be accessible to the pupil on a  
            daily basis, as specified. 

          3)Requires the subject matter content for an online AP course to  
            be the same as for the traditional classroom-based course and  
            requires the teacher to hold the appropriate credential. 

          4)Prohibits a pupil from being assigned an online AP course  
            unless he or she voluntarily elects to participate and his or  
            her parent or guardian provides written consent. 

          5)Requires a school district that offers AP online courses to  
            maintain records to verify the time a pupil and instructors  
            spend online, as specified.   








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           FISCAL EFFECT  

          1)Annual, significant GF/98 state reimbursable mandated costs,  
            of approximately $120.4 million, to school districts to offer  
            specified AP courses to pupils in grades 9-12.  

          2)One-time GF/98 state reimbursable mandated costs, likely  
            between $9.1 million and $18.2 million, to school districts to  
            offer specified AP courses to pupils in grades 9-12.  

           COMMENTS  

           1)Purpose  .  AP programs, established over 40 years ago by the  
            College Board, provide incentives for public comprehensive  
            high schools to provide access to rigorous, college-level  
            courses for students. These programs allow pupils to pursue  
            college-level work while still in secondary school and receive  
            college credit, advanced academic standing, or both.  At the  
            end of the course, students may opt to sit for the  
            course-related exam, or may take the exam without having  
            completed the related course. For a score of 3 or higher (out  
            of 5) on an AP exam, most colleges and universities will award  
            college credit for an entry-level course in that discipline,  
            though policies vary from institution to institution. 

            According to the 5th Annual AP Report to the Nation completed  
            by the College Board (February 2009), 3.4% of African  
            Americans and 31.9% Latino high school seniors in 2008 took an  
            AP exam.  The author cites information in reference to a  
            lawsuit filed by the American Civil Liberties Union in 1999 on  
            behalf of public school students who were denied access to AP  
            courses.  This lawsuit was in response to discrepancies found  
            between the number of AP courses offered in Inglewood Unified  
            School District and the number of courses offered in Beverly  
            Hills School District.  Specifically, the author states "Arvin  
            High School, located in Inglewood Unified, whose student body  
            population was 93.2 percent lower-income, African-American and  
            Latino, only offered two AP classes.  Beverly Hills High  
            School, whose student body population was 76.6 percent white,  
            offered 45 AP classes.  This finding supported ACLU's position  
            that African-American and Latino students had unequal access  
            to AP courses."  

            This bill requires school districts maintaining grades 9-12 to  








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            offer specified AP courses in each school maintaining these  
            grade levels.  

           2)Benefits of AP courses  .  According to the ED Trust West  
            report: The A-G Curriculum: College-Prep? Work-Prep? Life  
            Prep. (2004), "Research shows that students of all skill  
            levels actually do better when they're enrolled in rigorous  
            classes [e.g., AP courses].  Even those who enter high school  
            with few skills and low test scores show greater growth in  
            challenging classes than they do in the general or low-level  
            classes into which they are usually tracked. And,  
            interestingly, research also has shown that students who  
            failed most in the past, the lowest-performing students,  
            actually fail less when they are in more challenging classes  
            and provided with extra support. Evidence suggests this  
            happens because students are less bored and more engaged in  
            the more rigorous courses."  

            According to the College Board, a 2008 study found that AP  
            students had better four year graduation rates than those who  
            did not take AP. For example, graduation rates for AP English  
            Literature students were 62% higher than graduation rates for  
            those who took other English courses in high school.  The  
            College Board further asserts that students who take longer to  
            graduate from a public college or university typically pay  
            between $8,000 and $19,000 for each additional year.  
           
          3)The AP test fee reimbursement program  , administered by the  
            State Department of Education, removes the financial barriers  
            that prevent many low-income students in comprehensive high  
            schools from taking the AP course test. Funding supports the  
            payment of AP test fees for eligible students.  The 2009  
            Budget Act allocated a total of $5.1million for this program.   
            Of this amount $3.7 million is federal funds and $1.4 million  
            is GF/98, which includes a total reduction of 19.8% from the  
            2008 Budget Act.  

           4)Related legislation  .  AB 837 (Torlakson), pending in this  
            committee, is similar to this measure with respect to  
            requirements for online courses.  

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