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 SB 379 (Hancock) Page 1 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 SB 379 (Hancock) Page 2 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.