BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 331 (Romero) Hearing Date: 05/28/2009 Amended: 04/29/2009 Consultant: Dan Troy Policy Vote: ED 8-1 _________________________________________________________________ ____ BILL SUMMARY: SB 331 would make several modifications to the Migrant Education Program (MEP). Specifically, the bill would require: The development and revision, as necessary, of the State Master Plan for services to migrant students. The master plan to include an evaluation and oversight component to monitor operating agencies. The collection and reporting of individual and aggregate data for migrant students. The Superintendent of Public Instruction (SPI) to develop a monitoring instrument operating agencies comply with state and federal laws. The SPI to ensure that local operating agencies provide MEP services to migrant students in juvenile halls or other alternative education settings. Refunding applications for MEP providers to demonstrate effectiveness. The provision of documents in a language understandable to the parent or guardian, when requested and practicable. The provision of interpretation services at parent advisory council meetings. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund MEP administration $295 $65 $65 Federal _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED. The Migrant Education Program (MEP) was established by the federal government in 1966 to address the educational needs of mobile school-aged children whose family members doing seasonal work, typically related to agriculture. The MEP is funded entirely through federal funds and is intended to supplement the core instructional services received during the regular school day. The federal government allows broad flexibility for MEP implementation. In California, services are provided through a system of 23 regional centers operated either by county offices of education or school districts. For the 2008-09 fiscal year, the state received $129 million for the program, of which approximately 65 percent is used to augment instructional services for migrant pupils during the regular school day, including the hiring of additional teachers, tutors, aides, Page 2 SB 331 (Romero) and instructional materials. Remaining funds support administrative costs, summer school/intersession programs, data collection, health services, parental participation, and professional development. A 2006 report produced by the Legislative Analyst's Office (LAO) entitled "Improving Services for Migrant Students" identified several concerns with the state's MEP operations. Specifically, the LAO report indicated that current services lack accountability, partly because the federal and state accountability systems are focused on district and school performance while the MEP is primarily county-based, and also because there is inadequate collection and accessibility of data on migrant students. Further, the LAO report noted a mismatch between the state funding formula and the program priorities reflected in state and federal law. The LAO recommended revising the funding formula to a district-based model and also recommended the development of a state-level data system that would build on existing state systems. The latter system would help ensure better program accountability. Further, a 2007 Comprehensive Needs Assessment (CNA) required by federal law cited a lack of hard data as a concern and recommended the state work to address the issue. This bill would address some of the concerns raised in the CNA and the LAO report, particularly in its requirements to augment data collection and enhance the program's assessment component. The bill would make various other changes intended to authorize updates to the program and to increase the participation of parents. The bill would entail significant costs, both one-time and ongoing. There would be costs to Department of Education for revising the master plan, expanded program monitoring, augmenting data systems, translations, technical assistance and evaluations. There would also be significant local assistance costs for local evaluations and interpretations. Further, while the bill requires the provision of services of migrant youth in alternative education programs, it should be noted that the program is not currently funded at a rate that allows services to be provided to every eligible child. It is estimated that 350,000 children are eligible but services are provided to only 210,000. Author's amendments would expand state-level data collection, provide master plan revisions to occur in cycle, and eliminate the following from the 04/29/2009 version: Expansion of program monitoring Expansion of juvenile court school/alternative education monitoring Local evaluations Expansion of document translation Requirement for interpreter services at local level