BILL ANALYSIS �
SB 344
Page 1
SENATE THIRD READING
SB 344 (Padilla)
As Amended September 3, 2013
Majority vote
SENATE VOTE :Vote not relevant
EDUCATION 7-0 APPROPRIATIONS 12-0
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|Ayes:|Buchanan, Olsen, Ch�vez, |Ayes:|Gatto, Bocanegra, |
| |Gonzalez, Nazarian, | |Bradford, |
| |Weber, Williams | |an Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Establishes new requirements related to the Local
Control Accountability Plans (LCAPs) that local education
agencies (LEAs) are required to adopt beginning July 1, 2014.
Specifically, this bill :
1)Requires the annual external audit of LEAs to include a
determination of whether expenditures were in compliance with
regulations adopted by the State Board of Education (SBE)
governing the expenditure of funds apportioned based on the
number and concentration of English learners (ELs), low income
(LI) pupils, and pupils in foster care.
2)Requires that, when county superintendents of school reviews
school district budgets and when the Superintendent of Public
Instruction (SPI) reviews county of education (COE) budgets,
they determine whether the proposed expenditures comply with
regulations adopted by the SBE governing the expenditure of
funds apportioned based on the number and concentration of
EL/LI pupils and pupils in foster care; and requires them to
disapprove a budget if it is not in compliance with the
regulations.
3)Requires LEAs to spend unexpended funds received for the
Economic Aid Program only for purposes authorized by the
program as statutory and regulatory provisions read on June
30, 2013.
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4)Adds reclassified English learners to the subgroups of pupils
whose academic achievement must be measured by the Academic
Performance Index (API) for accountability purposes and
provides that the inclusion of reclassified learners in the
API shall, at a minimum, be consistent with the manner in
which reclassified English learners are included in the
determination of adequate yearly progress, as required by
federal law.
5)Adds the following elements to the Local Control
Accountability Plan (LCAP) that each LEA is required to adopt
by July 1, 2014:
a) A listing and description of the expenditures for the
initial fiscal year implementing the specific actions
included in the local control and accountability plan;
b) A listing and description of the expenditures for the
initial fiscal year that will serve EL/LI pupils, pupils in
foster care, and reclassified English learners.
6)Requires the LCAP to include a description of the extent to
which teachers, administrators, and staff receive professional
development or participate in induction programs.
7)Requires that any notifications provided to parents be in the
primary language of the parent, in accordance with existing
law.
8)Changes the conditions under which a district must establish
an English learner parent advisory committee from enrolling at
least 15% EL pupils and enrolling at least 50 EL pupils to
enrolling at least 15% EL pupils or enrolling at least 50 EL
pupils.
9)Provides that the English learner parent advisory committee is
required as a condition of receiving supplemental grant funds
through the Local Control Funding Formula (LCFF).
10)Requires school district parent advisory committees to advise
the district governing board on the following:
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a) Establishing school district goals and objectives for
programs and services for EL pupils to ensure that the
academic and language proficiency needs of English
learners, including long-term English learners and English
learners at risk of becoming long-term English learners are
being met;
b) Administering the home language survey; and
c) School district reclassification procedures.
11)Clarifies that LEAs are not required to establish a new
districtwide English learner district or schoolsite parent
advisory committee if one already exists.
12)Requires the LCAP template to be adopted by the SBE to meet
the requirements of the federal No Child Left Behind Act
related to the Single Plan for Pupil Achievement and to ensure
that LEAs that receive supplemental and concentration funds
include in their LCAPs information on the instructional
programs and services provided to EL/LI pupils, pupils in
foster care, and reclassified English learners to increase
their academic achievement.
EXISTING LAW
1)Requires each LEA to adopt an LCAP by July 1, 2014, based on a
template to be adopted by the SBE by March 31, 2014.
2)Requires LEAs to update their LCAPs annually and renew them
every three years.
3)Requires each LCAP to identify annual goals and the specific
actions the LEA will take to achieve those goals for all
pupils and each of the following pupils subgroups:
a) Ethnic subgroups;
b) Socioeconomically disadvantaged pupils;
c) English learners;
d) Pupils with disabilities; and
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e) Foster youth.
4)Requires LEAs to establish an English learner parent advisory
committee if the enrollment of the LEA includes at least 15%
English learners and the LEA enrolls at least 50 pupils who
are English learners.
5)Establishes several oversight, review, and audit requirements
to ensure LEA compliance with statutory and regulatory LCAP
requirements and that LEA budgets provide sufficient resources
to achieve LCAP goals.
6)Requires, consistent with the English Learner and Immigrant
Pupil Federal Conformity Act and Title III of the federal No
Child Left Behind Act of 2001, an eligible local educational
agency desiring a subgrant under Title III to submit a plan
around English learners to the California Department of
Education (CDE) outlining programs, activities, accountability
measures, parental engagement and participation, assurances of
consultation with specified entities, and a description of how
language instruction education programs ensure that English
learners served by the programs will develop English
proficiency.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, "increased annual General Fund (GF)/98 state
reimbursable mandated costs, likely in excess of $500,000, to
LEAs to implement the requirements of this measure, including
providing EL specific information in each LEA's Local Control
Accountability Plan (LCAP) - expenditure, instructional, and
achievement information. This cost may be offset if the
requirements of this measure are determined to be consistent
with federal law and therefore, are not eligible for
reimbursement. The costs associated with this measure are in
addition to the annual GF/98 state reimbursable mandated costs
LEAs will incur for the accountability requirements under LCFF -
developing plans, reporting data, convening committees for
comment and input, etc. In the initial years of LCFF
implementation, the GF/98 state reimbursable mandated costs will
likely be in millions to tens of millions; however, these costs
will likely be reduced in future years as LEAs will only likely
be revising plans."
COMMENTS : The LCAP requirements were adopted as part of the
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LCFF with the 2013-14 budget. This bill clarifies and expands
upon existing LCAP requirements.
Provision that clarifies LCAP . This bill provides that the
initial LCAP adopted by LEAs shall include program budgets and
expenditures necessary for implementing the actions included in
the LCAP. This is consistent with the existing requirement that
each annual update of the LCAP include a listing and description
of expenditures necessary to carry out the plan.
Provisions that expand LCAP . This bill expands existing
provisions related to LCAP in the following ways:
1)Expands the scope of the annual external audits and the review
of school district and COE budgets to include a determination
of whether funds have been spent (in the case of the audit) or
will be spent (in the case of the budget reviews) in
accordance with SBE-adopted regulations governing the
expenditure of funds on the basis of the number and
concentration of EL/LI pupils and pupils in foster care.
2)Adds reclassified EL pupils to the subgroups of pupils whose
academic achievement must be measured by the API for
accountability purposes.
3)Requires the LCAP to include a description of the extent to
which teachers, administrators, and staff receive professional
development or participate in induction programs.
4)Changes the conditions under which a district must establish
an English learner parent advisory committee from enrolling at
least 15% EL pupils and enrolling at least 50 EL pupils to
enrolling at least 15% EL pupils or enrolling at least 50 EL
pupils.
5)Adds specified elements to be included in the LCAP template to
be adopted by the SBE.
In addition, existing law requires districts and COEs to
establish an English learner advisory council if specified
condition are met. While existing law does not specify a
funding source for the council, this bill requires that it be
established as a condition of receiving LCFF supplemental grant
funds.
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This bill also prohibits LEAs from spending unexpended funds
received for the Economic Aid Program for purposes other than
those authorized by the program.
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087
FN: 0002227