BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 331|
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                                 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  
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          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  







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               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  







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          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 







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                         SUPPORT/OPPOSITION:  SEE ABOVE

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