BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 236
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          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. 








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          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  








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            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.








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          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  








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          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  








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            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.









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          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  








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          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.  









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          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. 









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           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Moorpark College
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087