BILL ANALYSIS Ó SB 236 Page 1 Date of Hearing: June 12, 2013 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair SB 236 (Pavley) - As Amended: May 8, 2013 SENATE VOTE : 36-0 SUBJECT : School districts: four-day school week: Moorpark Unified School District SUMMARY : Authorizes the Moorpark Unified School District (District) to, beginning in the 2013-14 fiscal year, operate one or more high schools offering a middle college program on a four-day school week, provided that it complies with specified instructional time requirements and other requirements for operating a four-day school week schedule. Specifically, this bill : 1)Authorizes the State Board of Education (SBE) to waive the five-consecutive-day operating requirements for a middle college program that operates on a four-day school week, provided that the District meets the minimum time requirements for a middle college program. 2)Specifies that if a school in the Moorpark Unified School District operating a four-day school week fails to achieve its Academic Performance Index (API) target, the authority of that school to operate on a four-day school week shall be permanently revoked beginning with the following school year. 3)Requires the Superintendent of Public Instruction (SPI) to reduce the base revenue limit funding by amounts the District would have received in instructional time incentive funding, adjusted for cost-of-living since the inception of the incentive, if the District does not maintain 180 days in a school year and provide the instructional time required under current law. 4)Specifies that if a small school with between 11 and 99 valid Standardized Testing and Reporting Program (STAR) test scores operating on a four-day school week fails to achieve its API growth target for two consecutive years, the authority of that school to operate on a four-day school week shall be permanently revoked beginning with the following school year. SB 236 Page 2 5)Specifies that if the District operates one or more schools on a four-day school week, the District shall submit a report to the California Department of Education (CDE) and the Senate and Assembly Education Committees by January 15, 2018. The report shall include, but not necessarily be limited to, all of the following: a) Programs the school district offered on the fifth schoolday and their participation rates. b) If the four-day school week schedule resulted in fiscal savings. c) Impact on overall attendance of the schools operating a four-day school week. d) Programs for which the SBE waived minimum time and five-consecutive-day requirements and the operational and educational effects of the programs if they operated at less time than required. e) The impact of the four-day school week on crime statistics, especially on the day on which school would otherwise be in session. f) Information on the API for every year a school in the District operated on a four-day school week. The information shall include, but not necessarily be limited to, the base and growth API of each school that operated on a four-day school week and whether that school met the API growth targets. g) Specific outcomes for pupils attending a school operating on a four-day school week including, but not limited to, attendance rates, graduation rates, college entrance and attendance rates, and employment rates of pupils who do not attend college. 6)Authorizes the District operating one or more schools on a four-day school week to claim a day of attendance for the pupils enrolled in a middle college high school operating on a four-day school week. 7)Becomes inoperative on June 30, 2018, and is repealed on SB 236 Page 3 January 1, 2019, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed. 8)Contains an urgency clause in order for the District to use the four-day school week authorization provided by this bill in the 2013-14 school year. EXISTING LAW : 1)Requires schools to provide for an instructional program five days per week and for attendance-counting purposes, defines a school month as 20 days or four weeks of five days each, including legal holidays but excluding weekend makeup classes. 2)Authorizes the following school districts to operate a four-day school week: a) Pacific Unified School District (Monterey County); b) Leggett Valley Unified School District (Mendocino County); c) Reeds Creek Elementary School District (Tehama County); d) Alpaugh Unified School District (Tulare County); e) Potter Valley Community Unified School District (Mendocino County); f) Borrego Springs Unified School District (San Diego County); g) Julian Union Elementary School District (San Diego County); h) Julian Union High School District (San Diego County); and, i) Warner Unified School District (San Diego County). 3)Provides that participating school districts may only operate four-day school weeks if they reach mutual agreement to the operation in a memorandum of understanding with their collective bargaining units. 4)Requires a school site council to be involved in the planning and evaluation of a four-day school week. 5)Requires a school district to consider the impact of the longer school-day on primary grade pupils, and the impact of the four-day school week on working parents who may be required to arrange for additional childcare services. SB 236 Page 4 6)Requires a participating school district to provide on an annual basis not less than 560 hours of instructional time for kindergarten, 700 hours for grades 1, 2, and 3, and 845 hours for grades 4 through 12. 7)Prohibits a school day from exceeding eight hours and a school week from being less than four days. 8)Specifies that a school district operating in a four-day week cannot receive longer day and year incentive funding if the instructional offering of the school district is not at least 180 days in length and provides the minimum instructional minutes required by existing statute. 9)Provides that if the Borrego Springs Unified School District, Julian Union High School District, Julian Union Elementary School District, Warner Unified School District, Potter Valley Community Unified School District, and Alpaugh Unified School District do meet their API growth targets, the authority to operate a four-day school week shall be permanently revoked. 10)Authorizes the establishment of middle college high schools for the purpose of serving at-risk high school students in an alternative high school located on a community college campus in order to reduce the likelihood that they will drop out of school before graduation. FISCAL EFFECT : According to the Senate Appropriations Committee, this bill is not expected to result in new costs to the state, as it does not change the Moorpark Unified School District's current state apportionment. COMMENTS : This bill authorizes the Moorpark Unified School District to operate one or more high schools operating a middle college program on a four-day school week schedule. The District operates one middle college high school program, The High School @ Moorpark College, located on the Moorpark College campus. Middle college high schools . Existing law authorizes districts to establish middle college high schools - a joint venture with California Community College Districts and school districts - to provide an alternative educational setting for select at-risk high school students who are performing below their academic SB 236 Page 5 potential and who can benefit from a program located on a community college campus in order to reduce the likelihood that they will drop out of school before graduation. The design of each middle high school may vary, but the basic elements of a middle college high school must include the following: 1)A curriculum that focuses on college and career preparation; 2)A reduced adult-student ratio; 3)Flexible scheduling to allow for work internships, community service experience, and interaction with community college student role models; and, 4)Opportunities for experiential internships, work apprenticeships, and community services. According to the CDE, there are approximately 22 middle college high schools in the state. The High School @ Moorpark College enrolls approximately 100 11th and 12th grade at-risk students as well as non-at-risk students seeking college credits. Approximately 10% of the students enrolled are at-risk students. Four-day school weeks . Prior to 1983, school districts were required to operate schools for five days and 175 days per year. The Hughes-Hart Educational Reform Act of 1983 (SB 813, Chapter 498, Statutes of 1983) offered incentive funding for districts to offer 180 days of instruction each year. Current law authorizes nine districts to operate on a four-day school week if the districts meet required instructional time of not less than 560 hours of instructional time for kindergarten; 700 hours of instructional time for grades 1, 2, and 3; and not less than 845 hours of instructional time for grades 4 through 12, without losing incentive funding. According to the CDE, only two districts, Pacific Unified School District (Monterey County) and Leggett Valley Unified School District (Mendocino County), operate on a four-day school week schedule, mainly due to extreme weather or geographic conditions. The other districts, despite having received authorization, have chosen to continue operating on a five-day school week schedule. In the past, this Committee has applied the following criteria to school districts seeking approval for this option. The district: Experiences extremes of climate and geography. Serves a widely dispersed population requiring long travel SB 236 Page 6 times for significant number of students in the school district. Demonstrates the expected benefits to the school(s) and students of operating on shorter school week and instructional year. Has considered and addressed concerns about possible negative consequences of a longer school day and shorter week on employees, students and families. Is held to the requirements of existing law governing those school districts already operating schools on a four-day week. Purpose of the bill . Moorpark Unified School District is not seeking authorization to operate its middle college high school on a four-day school week schedule for geographic, climate, or budgetary reasons. According to the sponsor, the Moorpark Unified School District, students take most of their classes from Monday through Thursday and currently spend only two hours of instruction on Fridays. Allowing the school to go to a four-day school week schedule would enable students to spend a whole day on their senior projects, which include community service hours, or enable teachers to provide tutoring or additional assistance to students who need it. Instruction time would increase by an hour from Monday through Thursday in order to meet statutory instructional minutes. The sponsor indicates that the families of the students have been surveyed and they do not object to a four-day school week schedule. Effects of a four-day school week . According to the Education Commission of the States, approximately 120 school districts in 17 states authorize four-day school week schedules. The Christian Science Monitor reported in March 2004 on the use of four-day school weeks in other states. The key points from the article are summarized below: 1)Mostly rural school systems are experimenting with the shorter week, finding that lengthening the school day by an hour or more and knocking off Monday or Friday saves money on things like transportation and heating. 2)While monetary savings may result from reducing the school week by one day, there are other costs associated with a four-day week, including longer, possibly more tiring days in class, and difficulty finding day care during the "off " day for children whose parents work outside the home. SB 236 Page 7 3)Reviews of the program are mixed and research is scanty on whether cost savings are significant and if students suffer academically. 4)Both student and teacher attendance seems to be higher when on a four-day week schedule. 5)One superintendent is quoted as saying, "In order to make the economics work it's really necessary that you be a widely disbursed operation with extreme climate swings, so that closing a building down for a day means something." The Fall 2007 issue of the Rural Educator, a publication of the National Rural Education Association, contained an article summarizing reports and studies on four-day school week schedules and found that a four-day school week schedule: 1)can result in energy savings, less gasoline and bus maintenance, less food service costs, and salary savings from a reduced need for classified employees and substitute teachers; 2)has not resulted in lower student scores for the districts examined, except that scores in one middle school in New Mexico did decline and the superintendent advocated a return to the five-day school week schedule; 3)has increased student attendance ranging from 2% to 5.8%; and, 4)can lead to less teacher absenteeism -- teachers like the shorter schedule because it provides time to make medical or dental appointments and more time to prepare lessons plans. The article also reported that 42% of primary grade students in Idaho reported that they got tired and that the day was too long and 41% of parents were concerned that their children were more fatigued, but only 24% of teachers believed that student and teacher fatigue were greater. This bill , similar to prior four-day school week authorizations, require the school to meet specified instructional time requirements and to meet their API growth targets, or the authorization is revoked. The bill also requires the District to submit a report to the CDE and the Legislature with the specified information by January 15, 2018 if the District SB 236 Page 8 chooses to operate one or more schools on a four-day school week schedule: 1)Programs the school district offered on the fifth schoolday and their participation rates. 2)If the four-day school week schedule resulted in fiscal savings. 3)Impact on overall attendance of the schools operating a four-day school week. 4)Programs for which the SBE waived minimum time and five-consecutive-day requirements and the operational and educational effects of the programs if they operated at less time than required. 5)The impact of the four-day school week on crime statistics, especially on the day on which school would otherwise be in session. 6)Information on the API for every year a school in the District operated on a four-day school week. The information shall include, but not necessarily be limited to, the base and growth API of each school that operated on a four-day school week and whether that school met the API growth targets. 7)Specific outcomes for pupils attending a school operating on a four-day school week including, but not limited to, attendance rates, graduation rates, college entrance and attendance rates, and employment rates of pupils who do not attend college. This bill contains an urgency clause as the authorization begins with the 2013-14 fiscal year, and will sunset on June 30, 2015. Technical amendment . The Senate Appropriations Committee added an amendment specifying that the District may claim a day of attendance for pupils enrolled in a school operating on a four-day school week pursuant to Education Code Section 46146.5, which specifies the number of minutes required per day for attendance in an early college high school or middle college high school. According to the committee, the intent of this provision is to clarify that the school must continue to meet requirements of the middle college high school program. As such, staff recommends an amendment to include references to Education Code Sections 11300 and 11301, which establish the middle college high school program and the requirements for the program. SB 236 Page 9 Moorpark College supports the bill and states, "The 4-day schedule is beneficial both for students and teachers. The alternative schedule allows more opportunities for students to take Friday college classes, to interact with college-campus clubs, and to participate in college activities." Prior related legislation . AB 691 (Gilmore), Chapter 252, Statutes of 2009, authorizes the Alpaugh Unified School District, beginning in the 2010-11 fiscal year, to operate one or more schools in the school district on a four-day school week if the district complies with the instructional time requirements and other requirements for operating a four-day school week. AB 868 (V. Manuel Perez) authorizes the Palo Verde Unified School District to operate one or more schools on a four-day school week. The author gutted and amended the bill into a different subject area in 2010. AB 1889 (Berg), Chapter 661, Statutes of 2008, authorizes the Potter Valley Community Unified School District, beginning in the 2009-10 fiscal year, to operate one or more schools in the school district on a four-day school week if the district complies with the instructional time requirements and other requirements for operating a four-day school week. SB 1138 (Hollingsworth), Chapter 465, Statutes of 2004, authorizes Borrego Springs Unified School District, Julian Union High School District, Warner Unified School District, Jamul-Dulzura Union Elementary School District, and Marysville Joint Unified School District, to operate a four-day school week. AB 1820 (Maze), Chapter 481, Statutes of 2004, authorizes the Death Valley Unified School District to operate a four-day school week. SB 1142 (Chesbro), introduced in 2004, would have authorized the Pacific Unified School District, Leggett Valley Unified School District, and Reeds Creek Elementary School District to operate for less than 180 days without penalty as long as the same number of annual minutes of instruction is provided. Governor Schwarzenegger vetoed the bill stating that it would defeat the objective of the incentive funding program. SB 236 Page 10 REGISTERED SUPPORT / OPPOSITION : Support Moorpark College Opposition None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087