BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 361
          AUTHOR:        Berryhill
          INTRODUCED:    February 15, 2011
          FISCAL COMM:   Yes            HEARING DATE:  March 23, 2011
          URGENCY:       No             CONSULTANT:Daniel Alvarez

           SUBJECT  :  Funding for the Center for Advanced Research and 
          Technology
                    (CART) a joint program of the Clovis and Fresno 
               Unified School 
                    Districts.
          
           SUMMARY  

          This bill makes permanent the funding formula for the 
          Center for Advanced Research and Technology (CART), by 
          deleting the July 1, 2012 sunset for this formula.

           BACKGROUND  

          Current law specifically as it relates to CART:

          Provides, commencing in 2008-09, the minimum schoolday for 
          a pupil concurrently enrolled in regular secondary school 
          classes and classes operated pursuant to a joint powers 
          agreement (JPA) that became effective prior to January 1, 
          2008, is 180 minutes and provides further that a pupil must 
          attend the full 180 minutes of class to generate a "day of 
          attendance "for purposes of funding. (Education Code 
          42238.20)

          Provides that the 180 minute schoolday described above will 
          generate only three-quarters (75 percent) of a day of 
          attendance for the purpose of calculating average daily 
          attendance (ADA) but that the ADA generated by the pupil's 
          attendance may be claimed as part of a school district's 
          ADA.

          Requires, starting in 2008-09, the Superintendent of Public 
          Instruction (SPI) shall compute funding for each pupil, 
          enrolled in classes pursuant to the JPA, by multiplying the 




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          pupil's annual clock hours of attendance, up to a maximum 
          of three clock hours per schoolday, by an hourly rate that 
          is computed to represent an hourly equivalent of the 
          pupil's home district revenue limit.    

          Requires the SPI to add the funding computed (in #3 above) 
          to the revenue limit of the school district of attendance 
          of the pupil.

          Deems for the purposes of computing attendance that a 
          pupil, in classes operated pursuant to the JPA, satisfies 
          the requirement that the pupil be under the immediate 
          supervision and control of a district employed teacher.

          Requires as part of a school district's annual audit to 
          insure attendance funding is in compliance with conditions 
          specified for each school district that is party to the JPA 
          and funding reduced for noncompliance when applicable.

          Requires that the number of hours of instruction at 
          regional occupational centers or programs that are claimed 
          for funding be used, in addition to specified hourly rates, 
          in the computation of the ADA of the regional occupational 
          center or program.

          Sunsets the above provisions July 1, 2012.

          Prohibits, commencing with the 2008-09 fiscal year, the 
          Center for Advanced Research and Technology operating 
          pursuant to a JPA between Clovis and Fresno Unified School 
          Districts from being eligible for funding under charter 
          school funding laws. The prohibition sunsets July 1, 2012. 
          (EC § 47612.7)

           ANALYSIS
           
          This bill eliminates the July 1, 2012 CART funding formula 
          sunset date and makes the funding formula of the program 
          permanent.

          STAFF COMMENTS  

           1)   The Center for Advanced Research and Technology (CART)  
               is a highly recognized linked-learning career 
               technical education center that is a partnership 
               between the Clovis and Fresno Unified School 




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               Districts. The CART provides instruction to 11th and 
               12th grade pupils from both districts, with the pupils 
               spending half of their instructional day at the CART 
               and the other half in their regular district high 
               school.  The CART model combines rigorous academics 
               with career clusters including professional sciences, 
               engineering, advanced communications and global 
               dynamics. 

               A preliminary findings, recently released (January 
               2011) by the Irvine Foundation shows that from 
               2002-2008 students who participated in CART had higher 
               percentage of enrollments in community colleges after 
               completing grade 12 and one year after high school.  
               After grade 12, 71 percent of students who 
               participated in CART attended a community college, 
               while 60 percent of a demographically similar group of 
               non-CART students attended community college.  The 
               same percentage difference holds true one year after 
               high school.

           2)   The genesis of current statute was due to funding 
               irregularities that were deemed inappropriate.  The 
               Center for Advanced Research and Technology (CART) was 
               established as a charter school in 1997 by a joint 
               powers agreement established between the Clovis 
               Unified School District and the Fresno Unified School 
               District. 


               The CART ran afoul of the law in that (1) the pupils 
               were in charter school classrooms only 50% of the day, 
               although they attended regular high school classes 
               during the other 50% (statute requires charter schools 
               to enroll pupils in classroom instruction for at least 
               80% of the school day); and (2) teachers from both 
               districts taught at the CART so pupils were not always 
               being instructed by employees of their home district 
               or the CART charter school (statute also provides that 
               school districts, and charter schools, may not claim 
               general purpose funding for the attendance of pupils 
               in classes that are not under the supervision and 
               control of a teacher that is an employee of the 
               district or charter school). 

               In 2006, the State Controller's auditors determined 




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               that the charter school could not claim any funding 
               for that year, or any later year until the charter 
               school either complied with the law or was granted an 
               exception.  The school's funding for 2006-07 was 
               authorized by Chapter 524 (SB 345, Aanestadt).  The 
               2006 audit was settled without penalty, but a long 
               term solution was still needed.  

               In 2008, Chapter 762 (AB 2246, Villanes) codified the 
               current funding formula for the CART program. CART no 
               longer is charter school and AB 2246 contained a 
               provision specifying CART is not eligible to receive 
               funding under charter school funding provisions.

           3)   Eliminating the funding sunset is parallel to creating 
               entitlement funding  for CART.  As mentioned, the 
               preliminary findings indicate that CART holds promise 
               as a model for improving the college readiness of high 
               school graduates; however, the fiscal condition of the 
               state and with it the overall funding of K-12 
               education are facing perilous times, given this 
               condition it seems more prudent to extend, rather than 
               eliminate the sunset.   

               Staff recommends, rather than eliminating the funding 
               formula sunset as envisioned by this bill, ostensibly 
               creating a programmatic funding entitlement for the 
               CART program, extension of the current funding formula 
               for the CART program for a period not to exceed 5 
               years is a more reasonable alternative.  In addition, 
               staff recommends that the sunset provision of 
               Education Code § 47612.7 (which prohibits CART from 
               receiving charter school funding) also be extended for 
               the same period of time.  

                
                
           SUPPORT  

          Clovis Unified School District

           OPPOSITION

           None received.






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