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