BILL ANALYSIS
SB 331
Page 1
SENATE THIRD READING
SB 331 (Romero and Florez)
As Amended August 16, 2010
Majority vote
SENATE VOTE :25-13
EDUCATION 5-2 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Brownley, Arambula, |Ayes:|Fuentes, Bradford, |
| |Carter, Eng, Torlakson | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nestande, Miller |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
-----------------------------------------------------------------
SUMMARY : Expands the scope of a status report that the migrant
education State Parent Advisory Council (SPAC) is required to
submit to specified parties, and changes the timeline for the
submission of the report. Specifically, this bill :
1)Deletes a requirement for the SPAC to prepare and submit a
report to the Legislature, the State Board of Education (SBE),
the Superintendent of Public Instruction (SPI), and the Governor
on the status of the Migrant Education Program (MEP) within 120
days from the conclusion of the statewide parent conference, and
instead, requires the report be submitted to the aforementioned
parties within 120 days from the conclusion of a training
program provided by the SPI, as specified.
2)Requires the MEP status report developed by the SPAC to
additionally include an evaluation of the MEP, a review of
annual needs, a year-end assessment, and policy recommendations.
3)Deletes language stating that priority for programs and
activities shall be given to migrant children and shall not be
provided solely for children who have ceased to migrate, and
instead, specifies that priority for the provision of services
shall be consistent with federal statutes and regulations
SB 331
Page 2
governing the MEP.
4)Makes several technical changes to and updates provisions
governing the MEP.
EXISTING LAW :
1)Requires the SPAC to participate in the planning, operation, and
evaluation of the state MEP and provides that the membership of
the SPAC shall be 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.
2)Requires at least two-thirds of the members of the SPAC to be
parents of migrant children and requires the SPAC to meet a
minimum of six times a calendar year to provide input on issues
relating to the operation of the MEP.
3)Requires the SPI to sponsor an annual SPAC conference to be
scheduled during the spring and requires the SPAC, within 120
days from the conclusion of the conference, to prepare and
submit a report to the Legislature, the SBE, the SPI, and the
Governor regarding the status of the MEP.
EXISTING FEDERAL LAW :
1)Authorizes the allocation of grants to state educational
agencies to establish or improve, directly or through local
operating agencies, programs and educational opportunities for
migratory children to help them succeed in the regular school
program, meet the state academic content standards that all
children are expected to meet, and graduate from high school.
2)Requires each state that receives funding to give priority for
services to migratory children who are failing or most at risk
of failing and whose education has been interrupted during the
regular school year, and allows for continuation of services to
children who cease to be migratory, as specified.
FISCAL EFFECT : According to the Assembly Appropriations Committee
and the California Department of Education (CDE), federal funds
support all activities related to migrant education, including the
cost of the annual parent conference ($69,000). Each of the 23
MEP regions utilizes federal funding to support parent activities.
SB 331
Page 3
To the extent, the requirements of this bill lead to increased
parent training costs, there will be less MEP funds available for
direct services to pupils.
COMMENTS : The MEP is a federally funded program, authorized under
the No Child Left Behind Act of 2001 (NCLB). The MEP is designed
to provide supplemental education services to migrant children to
help reduce the educational disruption and other challenges that
result from repeated moves. According to the CDE, the California
MEP is the largest in the nation and one out of every three
migrant students in the United States (U.S.) lives in California.
According to CDE, there are currently over 200,000 migrant
students attending California schools during the regular school
year and 97,000 attending summer/intersession classes. Current
law requires the SPI to establish a SPAC to participate in the
planning, operation, and evaluation of the state MEP and requires
the SPAC membership to be 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.
Current law requires the SPAC to prepare and submit a report to
the Legislature, the SBE, the SPI and the Governor regarding the
status of the MEP, but according to CDE, no report has been
submitted in 20 years. Proponents of this bill argue that no
training or technical assistance has been provided to the SPAC for
purposes of preparing this report. This bill authorizes the SPI
to provide training to the SPAC and requires the report to be
submitted 120 days after the conclusion of such training, instead
of 120 after the conclusion of the annual statewide conference.
Additionally, this bill expands the scope of the report by
requiring the report to also include an evaluation of the MEP, a
review of annual needs, a year-end assessment and policy
recommendations. The hope is that the training will assist the
SPAC in completing and submitting this report.
Analysis Prepared by : Marisol Avina / ED. / (916) 319-2087
FN: 0005946