BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 379 (Hancock) - School Attendance: Early and Middle College  
          High Schools
          
          Amended: April 17, 2013         Policy Vote: Education 9-0
          Urgency: No                     Mandate: No
          Hearing Date: May 6, 2013       Consultant: Jacqueline  
          Wong-Hernandez
          
          This bill does not meet the criteria for referral to the  
          Suspense File. 

          
          Bill Summary: SB 379 exempts a charter-operated early college or  
          middle college high school from the 240 minute requirement for a  
          minimum school day and establishes a day of attendance as 180  
          minutes for pupils enrolled in these programs, as specified.

          Fiscal Impact: This bill will not result in new or additional  
          costs to the state.

          Background: Early college high schools are small, autonomous  
          schools that blend high school and college into a coherent  
          educational program. Middle college high school programs are  
          also small, autonomous schools that blend high school and  
          college into a coherent educational program but have a career  
          preparation/work experience component. Both programs focus on  
          students from communities underrepresented in postsecondary  
          education, first generation college students, and English  
          learners.  

          Existing law specifies that the minimum school day in any high  
          school is 240 minutes.  However, evening high schools, early  
          college high schools, middle college high schools, regional  
          occupational centers, opportunity schools and opportunity  
          classes, continuation high schools, and occupationally organized  
          vocational training programs are exempt from this 240 minute  
          minimum day requirement. (Education Code § 46141, § 46144, and §  
          52325)

          Existing law also provides that a day of attendance in grades 11  
          and 12 is 180 minutes if the pupil is also enrolled part time in  
          classes of the CSU or the UC. A day of attendance for a pupil  








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          who is also a special part-time student enrolled in a community  
          college and who will receive academic credit upon satisfactory  
          completion of enrolled courses is 180 minutes.  For purposes of  
          computing average daily attendance (ADA) for these pupils,  
          current law specifies that the 180 minute minimum is computed as  
          three-quarters of a full 240 minute day.  (Education Code §  
          47146)

          Education Code § 46146.5 was added by SB 1316 (Hancock), last  
          year, which reduces the minimum instructional minutes for  
          students in grades 11 and 12 attending early or middle college  
          high schools from 240 to 180 minutes and allows these schools to  
          receive full ADA for those students. 

          Proposed Law: 

          Related Legislation: SB 1316 (Hancock) Ch. 67/2012 allowed early  
          college and middle college high school students who are also  
          enrolled in college to meet the minimum day requirement of 180  
          minutes. However, SB 1316 did not specifically apply to charter  
          operated programs. 


          Staff Comments: This bill clarifies minimum instructional minute  
          requirements for charter schools offering an early college or  
          middle college program, and will not result in additional state  
          costs compared to existing law.

          Prior to the enactment of SB 1316 (Hancock) 2012, early and  
          middle college high school programs operated by school districts  
          (each in conjunction with a college) could either meet the  
          minimum 240 instructional minute requirement for high school  
          students and receive 100% of a full ADA or reduce instructional  
          minutes to a minimum of 180 minutes and receive 75% of a full  
          ADA. The option to reduce the minimum number of instructional  
          minutes, in exchange for accepting reduced ADA funding, was not  
          (prior to SB 1316) and is not currently available to charter  
          schools operating the same programs.
          Therefore, they are still required to provide 64,800 minutes of  
          instruction per year, which is the equivalent of 288 minutes per  
          day of instructional time. 

          The enactment of SB 1316 (EC § 46146.5) allows school district  
          operated early college and middle college high school students  








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          who are also enrolled in college to meet the minimum day  
          requirement of 180 minutes and still receive 100% of a full ADA.  
          Like the previous statutes, this statute did not specifically  
          apply to charter operated programs, and they have been advised  
          that they are excluded. As a result, there are two sets of  
          requirements for programs operated by comprehensive high schools  
          and charter schools.  

          Charter schools operate 24 such programs statewide, and enroll  
          approximately 2,300 students. This bill would apply the 180  
          instructional minutes requirement to charter operated early and  
          middle college programs, and allow them to receive 100% of a  
          full ADA. Absent this bill, charter school operated programs  
          would continue to offer their 288 instructional minute minimum  
          days, and continue to receive the same funding level. They do  
          not have the option of accepting reduced ADA in exchange for  
          reducing their instructional minutes; so, this bill does not  
          incur new costs for the same programs. This bill would allow  
          charter schools the flexibility school districts are given over  
          their early and middle college high school programs.