BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 790
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               AB 790 (Furutani and Carter) - As Amended:  May 4, 2011 

          Policy Committee:                              Education 
          Vote:7-3

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

           SUMMARY  

          This bill, commencing with the 2012-13 school year, establishes 
          the Multiple Pathway Pilot (MPP) program for the purpose of 
          implementing districtwide multiple pathway learning approaches, 
          as specified.  Specifically, this bill: 

          1)Requires the State Department of Education (SDE) to administer 
            the program and contain requirements related to small-sized 
            schools within existing high schools; concurrent enrollment 
            and dual credit with community colleges and universities; 
            sequence of courses; and pupil mastery of grade-level, 
            standards-based performance benchmarks.  

          2)Requires the MPP program to be implemented within existing 
            school district resources and requires districts to involve 
            local business, labor, parent, and community partners to 
            advise the district on the development, implementation, and 
            ongoing evaluation of the program.  

          3)Requires participating school districts to receive priority 
            for appropriate competitive grant funds distributed by SDE.  

          4)Authorizes a school district maintaining grades 9-12 to apply 
            to the Superintendent of Public Instruction (SPI) to operate a 
            MPP program and authorizes the SPI to initially approve up to 
            20 applications and additional applications on an annual basis 
            thereafter.  

          5)Requires the SPI, on or before September 30, 2016, to transmit 
            a report to the Legislature and the governor that documents an 
            independent evaluation of the costs of the program, pupil 








                                                                  AB 790
                                                                  Page  2

            outcome data, and recommendations regarding the need for 
            additional statutory changes to expand the program.  

          6)Authorizes the SPI to develop recommendations to implement 
            this program and sunsets this program on July 1, 2017.  

           FISCAL EFFECT  

          1)GF/98 cost pressure, likely between $100,000 and $200,000, to 
            school districts to implement the MPP program.  This bill 
            requires school districts to use existing state and federal 
            resources to implement this program.  

          2)The 2010 Budget Act allocated approximately $500 million for 
            CTE purposes, including $135 million in federal Carl Perkins 
            program funding and $353 million GF/98 for the Regional 
            Occupational Centers Program (ROC/P), which is one of the main 
            funding sources for school district CTE programs.  Under 
            current law, school districts may use ROC/P funding for any 
            educational purpose it deems appropriate until 2015.  

          3)GF administrative costs to SDE, likely between $100,000 and 
            $200,000 to administer and provide a report that includes an 
            independent evaluation of the MPP program.  The language in 
            the bill is unclear as to whether SDE will need to contract 
            out for the report.  The bill refers to an "independent" 
            evaluation and as such, SDE would not be completing this work. 
             The author may wish to clarify this language.  

           COMMENTS  

           1)Purpose  .  AB 2648 (Bass), Chapter 681, Statutes of 2008, 
            defined multiple pathway programs as multi-year, comprehensive 
            high school programs of integrated academic and technical 
            study organized around a broad theme, interest area, or 
            industry sector. This program ensures that all pupils have 
            curriculum choices to prepare them for career entry and a full 
            range of postsecondary options, including two and four-year 
            colleges, apprenticeship, and formal employment training, 

            Chapter 681 also required the SPI to develop a report that 
            explores the feasibility of establishing and expanding 
            multiple pathway programs in high schools, including the costs 
            and merits associated with expansion of these programs. On May 
            12, 2010, the SPI released the final report, which contained 








                                                                  AB 790
                                                                  Page  3

            several policy recommendations that are incorporated in this 
            bill, including developing small schools within existing high 
            schools, encouraging school districts to develop comprehensive 
            policies on current enrollment, and establishing 
            standards-based performance benchmarks that measure 
            grade-level pupil mastery.  

            Specifically, the report recommended the state take a number 
            of action items to provide a strong foundation for 
            substantially improving California's high schools through the 
            establishment and expansion of the multiple pathways approach. 
             This bill implements the second action item by establishing 
            the MPP program.  

           2)Too much authority to the SPI  ?  This bill requires 
            participating school districts to receive priority for 
            "appropriate competitive grant funds distributed by SDE."  It 
            is the Legislature's responsibility to appropriate funding, 
            including establishing the policy regarding its distribution.  
            While the majority of federal education funding has 
            pre-established requirements, there are instances in which the 
            state has discretion regarding distribution.  Pursuant to 
            language in this bill, SDE has full discretion, without 
            legislative input, to determine which state and potentially 
            federal competitive grant funds participating school districts 
            will be given priority.   

            Likewise, this bill authorizes the SPI to initially approve up 
            to 20 applications (with more added later) until 2017.  There 
            are approximately 1,000 school districts in the state and the 
            majority will not participate in this program.  Also, given 
            the severe fiscal reductions the majority of districts have 
            made over the last several years, it is unclear how many are 
            able to establish a pilot program within existing resources, 
            as required by this measure.  Without knowing which 
            competitive grant funds SDE will prioritize, it may be unfair 
            to provide a small number of districts with funding priority 
            in these difficult fiscal times.  The author may wish to 
            consider addressing these issues.  
           
          3)Previous related legislation  .  

             a)   AB 2172 (Carter) required the SPI to convene an advisory 
               board composed of leaders from education, business, labor, 
               civic organizations, and the community to review the 








                                                                  AB 790
                                                                  Page  4

               recommendations of the multiple pathways report required by 
               AB 2648 (Bass), Chapter 681, Statutes of 2008, and advise 
               the SPI on the implementation issues.  This bill was held 
               on this committee's suspense file in May 2010.  

             b)   AB 2445 (Furutani) required the SPI, by December 31 of 
               each year, to report to the Legislature on the status of 
               the advisory board proposed to be established pursuant to 
               AB 2172 (Carter) (2010) to review recommendations of the 
               multiple pathways report.  This bill was held on this 
               committee's suspense file in May 2010.  


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