BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 331| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 331 Author: Romero (D) et al Amended: 5/28/09 Vote: 21 SENATE EDUCATION COMMITTEE : 8-1, 4/22/09 AYES: Romero, Alquist, Hancock, Liu, Maldonado, Padilla, Simitian, Wyland NOES: Huff SENATE APPROPRIATIONS COMMITTEE : 7-4, 5/28/09 AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza, Yee NOES: Cox, Denham, Runner, Walters NO VOTE RECORDED: Wolk, Wyland SUBJECT : Migrant education program SOURCE : Author DIGEST : This bill requires the state master plan and state services delivery plan for services to migrant children, starting at the next adoption cycle, to be developed and revised as necessary by the Superintendent of Public Instruction and the statewide parent advisory council, and would require the plan to include the collection of individual and aggregate data for migrant pupils, as specified. The bill also requires interpretation services at each state and regional migrant parent advisory council meeting, and makes other CONTINUED SB 331 Page 2 nonsubstantive and technical changes. ANALYSIS : The MEP was created by the federal government in 1966, to address the educational needs of children whose family members are employed doing seasonal agricultural work. Children are eligible to participate in the MEP if they or their parents or guardians are migrant workers in the agricultural, dairy, lumber, or fishing industries, and their family has moved for the purpose of finding temporary or seasonal employment during the past three years. Migrant students are eligible for program services from age 3 until they (1) attain a high school diploma or its equivalent or (2) turn 21. Though funded almost entirely by federal funds California's MEP is governed by both federal and state laws. While the state law provides no funding, it does set out the administrative framework for delivering local MEP services through 23 Migrant Education Regional Offices serving 47 of 58 counties. The Department of Education (CDE) reports there are currently over 300,000 migrant students attending during the regular school year and 178,000 attending summer/intersession classes. Current law requires that a Statewide Parent Advisory Council (SPAC) participate in the planning, operation, and evaluation of the state Migrant Education Program. Council membership is comprised of individuals who are knowledgeable of the needs of migrant children and are nominated and elected by the parents of migrant children enrolled in the operating agencies. At least two-thirds of the members of the SPAC must be parents of migrant children. The SPAC is required to meet a minimum of six times a calendar year to provide input on issues relating to the operation of the program. This bill: 1. Expands existing requirements of the State Master Plan for services to migrant children. Specifically it requires the SPI and the statewide parent advisory council for MEP to develop and revise as necessary the State Board of Education adopted State Master Plan for services to migrant children starting with the next adoption cycle. 2. Requires the plan to include the collection of SB 331 Page 3 individual and aggregate data for migrant pupils regarding all of the following: A. Identification of migrant children. B. Preschool participation. C. Enrollment in kindergarten and grades 1 to 12, inclusive. D. Achievement. E. Access, enrollment, and completion of courses that fulfill the A-G subject area requirements. F. Suspension, expulsion, transfer, and dropout rates, and failure to enroll or reenroll. G. Graduation and completion of the high school exit examination. H. Retention measures. I. Enrollment. J. Designation and redesignation of English learners. AA. Postsecondary enrollment. BB. Vocational education opportunities. CC. Health services. DD. Intercession programs. EE. Other supplemental services. FF. Staff experience and evaluation. GG. Data collection and evaluation. HH. Records transfer. II. Parental involvement, including establishment of and participation in the migrant parent advisory committee, conduct of regular meetings, participation in the development and approval of the local migrant education plan, participation in statewide parent advisory committee activities, and parent training. Existing law requires each operating agency that receives migrant education funds or services to establish a parent advisory council to actively solicit parent involvement in the planning, operation, and evaluation of its programs. This bill requires interpretation to be provided at each state and regional migrant parent advisory council meeting by a person trained in interpreting and who is fully fluent in English and in the language understandable to the SB 331 Page 4 parents. According to the author's office, for more than 30 years CDE has worked under the same migrant education plan without any Comprehensive Needs Assessment (CNA) or evaluation of its effectiveness. Although a CNA was completed in 2007, the author expresses concern that parental participation in this process was very low and participation of parents continues to be inadequate. Additionally, millions of federal dollars are allocated yearly with little data collected on whether the money is being spent in effective ways that increase academic achievement. It is the author's concern that there is a need to increase parental involvement and increase the accountability of the program. MEP funding . According to the CDE, the federal California Migrant Education Program Allocation for 2008-09 was approximately $129 million. About 86 percent ($110 million) is allocated to the regional offices and one percent ($1.29 million) is directed to the CDE for state administration costs. The remaining funds are set aside for a variety of related statewide programs. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/29/09) Youth Law Center American Federation of State, County and Municipal Employees Association of California School Administrators ARGUMENTS IN SUPPORT : The Association of California School Administrators states in support, "It is important the state and local education agencies improve the data collection and tracking of migrant students and prepare a master plan to address their needs. The more accurate data we have locally the better we can support migrant students and their families." DLW:nl 5/29/09 Senate Floor Analyses SB 331 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END ****