BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 298
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                    SB 298 (De Leon) - As Amended:  April 26, 2011

           SENATE VOTE  :   39-0
           
          SUBJECT  :   Charter schools: at-risk pupils: Los Angeles County 
          Board of Education.

           SUMMARY  :   Extends the authorization for the Los Angeles County 
          Board of Education to charter the Soledad Enrichment Action 
          Charter School (SEA), until June 30, 2018.  Specifically,  this 
          bill  :   

          1)Authorizes a charter school operating under a charter approved 
            before June 1, 1997, by the county board of education of a 
            county of the first class to serve at-risk pupils, to operate 
            until June 30, 2018. 

          2)Specifies that the continuation of the authority of a charter 
            school to operate after June 30, 2018 shall be subject to the 
            approval of that county board of education.

          3)Specifies, notwithstanding any other provisions of the 
            Education Code, for the 2012-13 to 2017-18 fiscal years, 
            inclusive, the attendance of pupils in a charter school to 
            which this section applies shall be funded at the same rates 
            for the same categories of pupils as community schools and 
            community day schools in the same county.

          4)Makes Legislative findings and declarations that a special law 
            is necessary and that a general law cannot be made applicable 
            because of the unique circumstances resulting from the 
            intensely urbanized nature of the County of Los Angeles.  

           EXISTING LAW  : 

           1)Current SEA Authorization  .  Authorizes a charter school 
            operating under a charter approved before June 1, 1997, by the 
            county board of education of a county of the first class to 
            serve at-risk pupils, to operate until June 30, 2013.  
            Specifies that the continuation of the authority of a charter 
            school to operate after June 30, 2013 shall be subject to the 








                                                                  SB 298
                                                                  Page  2

            approval of that county board of education.  Specifies, 
            notwithstanding any other provisions of the Education Code, 
            for the 2007-08 to 2012-13 fiscal years, inclusive, the 
            attendance of pupils in a charter school to which this section 
            applies shall be funded at the same rates for the same 
            categories of pupils as community schools and community day 
            schools in the same county.  Authorizes the SEA charter school 
            to operate one or more community day schools, and be funded 
            for not more than 2,000 units of average daily attendance in 
            any fiscal year, to the extent that funding is appropriated 
            for the purpose.  Requires the Los Angeles County Board of 
            Education to annually measure the performance of the SEA 
            charter school and annually report the measurement to the 
            California Department of Education, the Department of Finance, 
            the Assembly Education and Appropriation Committees, and the 
            Senate Education and Appropriation Committees.  Requires the 
            charter school to submit a plan for improvement to the Los 
            Angeles County Board of Education if it fails to meet the 
            performance criteria established by that board.   
           2)Community Day Schools  .  Establishes community day schools, 
            operated by school districts and county offices of education, 
            to serve expelled students, students referred by a School 
            Attendance Review Board, and other high-risk youths.  These 
            schools provide a 360-minute minimum instructional day and 
            also focus on the development of social skills and student 
            self-esteem.  Community day schools are intended to have low 
            student-teacher ratios. Students benefit from learning support 
            services that include school counselors and psychologists, 
            academic and vocational counselors, and pupil discipline 
            personnel.  Students also receive collaborative services from 
            county offices of education, law enforcement, probation, and 
            human services agency personnel who work with at-risk youth.  
            Community day schools are supported by supplemental 
            apportionment for community day school attendance, in addition 
            to base revenue funding.

           3)Charter Schools  .  Establishes the Charter School Act of 1992 
            allowing for the establishment of charter schools, which are 
            public schools that operate free of most state education 
            regulations.  Charter operation is guided by the provisions of 
            their charter petition.  Charter schools are subject to 
            renewal every 5 years and are required to meet certain 
            standards upon renewal.  Charter schools receive funding 
            through a general-purpose block grant (in lieu of revenue 
            limit funding) and a categorical block grant (in lieu of 








                                                                  SB 298
                                                                  Page  3

            funding for specified state categorical programs).
           
          FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, potentially substantial on-going General Fund costs.

           COMMENTS  :   SEA started in 1972 as a non-charter "Alternative 
          Education Program-Independent Study Program" under the Los 
          Angeles Unified School District.  When the program expanded to 
          locations outside city boundaries, it transitioned to become an 
          "Alternative Education-Community School Program" under the Los 
          Angeles County Office of Education (LACOE).  In 1997, teachers 
          working under the county sponsored "Community School Program" 
          elected to become a charter school.  However, because at that 
          time county offices of education were only authorized to approve 
          charter schools through an appeal process, a new law was needed 
          to address this situation.  SB 1318 (Polanco), Chapter 58, 
          Statutes of 1997, authorized a charter school to be chartered by 
          the Los Angeles County Board of Education and allowed the 
          charter school to receive the higher per-pupil funding of county 
          community schools.  

          According to the author, SEA offers highly innovative 
          alternative education that keeps at-risk youth off the streets.  
          SEA is an alternative high school in Los Angeles County for 
          at-risk youth (14-18) who are on probation or who have been 
          expelled from school.  The school is successful because in 
          addition to providing an academic curriculum tailor-made for 
          each student, it also provides a comprehensive set of social 
          services to youth and their families. As a result, it offers 
          viable alternatives to gangs, drugs, and violence to youth at 
          risk of academic failure and delinquency.  SEA has proven to be 
          effective with students that have failed in traditional schools. 
          88% of the students who enter the SEA Charter School 
          successfully exit the program after catching up on their credits 
          by graduating from the school, returning to their home school, 
          or by entering a more appropriate learning environment.  Today, 
          SEA serves close to 4,000 at risk youth and their families 
          throughout 19 locations in the Los Angeles County.  Services 
          include innovative academic education techniques, after-school 
          programs, alcohol and drug counseling, mental health therapy, 
          mandatory community service, peace and reconciliation retreats, 
          job training and parent education classes.  SEA provides each 
          student with six hours of daily academic study coupled with two 
          hours of constructive and supervised after school activity.  SEA 
          students come from low income families and 98% qualify for the 








                                                                  SB 298
                                                                  Page  4

          School Lunch Program.

           Why is this bill necessary  ?  In addition to the authority to 
          approve charter school petitions that are denied by a school 
          district, county boards of education may also approve charter 
          schools that will serve pupils for whom the county office of 
          education would otherwise be responsible for providing direct 
          education and related services.  While the Los Angeles County 
          Board of Education could renew the SEA charter without benefit 
          of special legislation, legislation is necessary to continue the 
          authority for the SEA to be funded at the same rates for the 
          same categories of pupils as community schools and community day 
          schools in Los Angeles County.  While special legislation is 
          necessary to continue the higher funding rate, the committee 
          should consider whether it is necessary to continue the charter 
          authorization as well.  

           Previous legislation:   AB 177 (Bass), Chapter 525, Statutes of 
          2007 extended the statutory authorization for SEA from June 30, 
          2008 to June 30, 2013.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Atlantic Recovery Services
          California Charter Schools Association
          City of Huntington Park 
          Long Beach City Councilmember Dee Andrews
          Los Angeles City Councilmember Bernard C. Parks
          Los Angeles City Councilmember Ed P. Reyes
          Los Angeles City Councilmember Jose Huizar
          Los Angeles City Councilmember Richard Alarcon
          Los Angeles City Councilmember Tom LaBonge
          Los Angeles County Office of Education
          Los Angeles County Supervisor Gloria Molina
          Los Angeles County Supervisor Mark Ridley-Thomas
          Los Angeles County Supervisor Michael D. Antonovich
          Los Angeles Mayor Antonio Villaraigosa
          Los Angeles Unified School District Board President Monica 
          Garcia
          Plaza Community Services
          San Fernando Mayor Mario F. Hernandez
          Soledad Enrichment Action Charter School
          South Gate City Councilmember Jorge Morales








                                                                  SB 298
                                                                  Page  5

           
            Opposition 
           
          None on file.


           Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087