BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 344|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 344
Author: Padilla (D)
Amended: 5/8/13
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 5/1/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Jackson, Monning
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : English learners: supplemental funding: school
district master
plans
SOURCE : Author
DIGEST : This bill, beginning with the 2014-15 fiscal year,
establishes conditions to be met by school districts in order to
receive state supplemental funding to serve English learners
(ELs).
ANALYSIS : Existing law provides economic impact aid (EIA)
funding to school districts based on the number of economically
disadvantaged pupils and ELs enrolled in the school district,
and requires the Superintendent of Public Instruction to perform
specified calculations to determine the amount of this funding
to be received by a district each fiscal year. Districts that
have a higher concentration of these pupils receive additional
CONTINUED
SB 344
Page
2
funding. The school district is required to expend these funds
or specified programs and activities to support programs and
activities designed to assist ELs achieve proficiency in their
English language as rapidly as practicable and to support
programs and activities designed to improve the academic
achievement of ELs and economically disadvantaged pupils. The
district is prohibited from expending these funds at school
sites that do not have ELs or economically disadvantaged pupils.
These funds must supplement, and not supplant, existing
resources at the school site.
Existing law specifically requires, as a condition of the
receipt of EIA funds, that a school district post online and in
an easily accessible location the amount of EIA allocated to the
district, the amount used for administrative costs, the amount
expended for EL students and the amount expended for
compensatory education in the current and in the prior fiscal
year by the district and by each school in the district, and the
amount of unexpended aid along with an explanation of why these
fund have not been expended.
Existing law provides that if the Legislature does not enact
legislation that continues the bilingual education program
(which sunset on June 30, 1987), the funding for that program is
required to continue for the general purposes of that program as
specified in the sunsetted statutes. Existing law requires that
funds be disbursed according to identification criteria and
allocation formulas for the program in effect on the sunset date
and that these funds be used for the intended purposes of the
program. Existing law also requires the continuation of parent
advisory committees and school site councils and specifically
provides that any school receiving EIA or Bilingual Education
Aid subsequent to the sunset of these programs is required to
establish a school site council and that the functions and
responsibilities of such advisory committees and school site
councils continue.
Existing law defines a program of "compensatory education" as an
undertaking which is over, above, and in addition to, regular
educational programs with the purpose of providing positive
stimulation of the intellectual abilities of disadvantaged
minors and that embodies a positive plan for the identification
of such minors.
CONTINUED
SB 344
Page
3
This bill, beginning with the 2014-15 fiscal year, establishes
conditions to be met by school districts in order to receive
state supplemental funding to serve English learners.
Specifically, it requires that a district:
1.Adopt a Masterplan that is:
A. Developed with the input of teachers, principals,
administrators, EL advisory committees (ELAC), school site
councils and parents both district wide and from each
school.
B. Outlines how these supplemental funds will be spent at
each affected school site and at the district level.
1.Include, but not be limited to, the following in the
Masterplan:
A. A requirement that the district comply with existing law
that requires the posting of specified EIA information on
the district's Internet Web site.
B. A listing of services and instructional materials
categorized by proficiency levels.
C. The names, position, credential and authorizations for
each district and school site staff member assigned to ELs.
D. A professional development plan for district and school
site staff and volunteers.
E. A plan for engaging and involving parents of ELs in
their children's education.
F. A calendar for release of data, a plan for monitoring
reclassified and long term ELs, benchmarks for progress,
and a plan for the collection and publication of relevant
data.
1.Renew the Masterplan annually, with input from teachers,
principals, administrators, ELAC, school site councils and
parents, both district wide and from each school.
2.Make the Masterplan easily available to and accessible by the
CONTINUED
SB 344
Page
4
public.
3.Establish an ELAC at each school and at the district level
(DELAC) and that the district level committee be composed of
members from the schools' ELACs.
4.Require that each school's contribution to the Masterplan be
submitted to, reviewed, and approved by the school ELAC and
that the proposed Masterplan be submitted to the DELAC for
review and approval.
5.Include parents and teachers of ELs on its school site
council.
6.Makes a number of technical and conforming changes.
Background
EIA . EIA is a state categorical program that provides
supplemental funds to support additional programs and services
for ELs/limited English proficient (LEP) pupils and compensatory
education services for educationally disadvantaged students.
The EIA/LEP support programs and activities to assist ELs
achieve proficiency in the English language as rapidly as
practicable and to support programs and activities to improve
the academic achievement of ELs. EIA/State Compensatory
Education support programs and activities designed to assist
educationally disadvantaged students achieve state standard
proficiency.
As part of the February 2009 Budget package, most categorical
programs were placed into three categories or tiers. School
districts with categorical programs in "Tier III" were allowed
to use the funding associated with about 40 categorical programs
for any education purpose. This flexibility is extended through
the 2014-15 fiscal year. The EIA program is one of only six
categorical programs that was not provided this flexibility.
Governor's Local Control Funding Formula (LCFF) . As part of the
2013-14 Governor's Budget, the administration proposes to
restructure the existing K-12 finance system and eliminate over
40 existing programs while also repealing, what the
administration determines are countless "discretionary"
provisions of statute, while implementing a new formula known as
CONTINUED
SB 344
Page
5
the LCFF.
The LCFF consolidates the vast majority of state categorical
programs and revenue limit apportionments into a single source
of funding (12 categorical programs, including Special
Education, Child Nutrition, Preschool, and After School
programs, would be excluded). The LCFF proposal also eliminates
the statutory and programmatic requirements for almost all
existing categorical programs - the programs would be deemed
"discretionary" and programs in any of these areas would be
dependent on local district discretion. To the extent that the
LCFF or a modified version of it is adopted as part of the
budget, the majority of currently required categorical
activities is left to local districts' discretion. Therefore,
the changes proposed by this bill could be diluted, eliminated,
rendered obsolete or discretionary at the local level.
LCFF and ELs . In lieu of EIA, the Governor's proposal
specifically provides for a supplemental grant equal to 35% of
the base grant provided for each EL, economically disadvantaged
or foster youth pupil, and for schools with ELs, economically
disadvantaged and foster youth enrollment in excess of 50% of
their total enrollment, a concentration grant equal to 35% of
the base grant for each student above the 50% threshold. The
Governor's proposal would cap the amount of time an EL student
could generate supplemental funds at five years.
According to a Legislative Analyst's Office analysis, the
Governor's proposal provides districts with greater discretion
over how to use these funds compared to current requirements for
EIA funds. Districts will be required to use the supplemental
funds to meet the needs of their ELs and low-income student
groups, but they will have broad flexibility in doing so.
Existing law is more stringent in that the state requires and
monitors that districts use EIA funds to provide supplemental
services for the targeted student groups beyond what other
students receive.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
CONTINUED
SB 344
Page
6
Potentially significant local costs to adopt and renew the
Masterplan in the manner required by this bill.
Accountability: The California Department of Education
estimates that it would require approximately $1 million -
$1.3 million in annual staffing costs to review Masterplans.
SUPPORT : (Verified 5/23/13)
American Civil Liberties Union
California Federation of Teachers
Californians Together
Families in Schools
PQ:nld 5/23/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED