BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: SB 1264 AUTHOR: Pavley AMENDED: April 28, 2014 FISCAL COMM: Yes HEARING DATE: April 30, 2014 URGENCY: No CONSULTANT:Kathleen Chavira NOTE : This bill was previously heard by the committee on April 9, 2014. No vote was taken. This bill has been amended since it was last heard. The analysis has been updated to reflect the amendments. SUBJECT : Education Excellence Loan Assumption Program (EEP). SUMMARY This bill establishes the Educator Excellence Program (EEP), an assumption loan program for up to 6,500 teachers who satisfy all of the following: Complete initial or additional teaching credentials, a qualifying master's degree in education or teaching, or National Board for Professional Teaching Standards Certification (NBPTSC). Agree to teach the equivalent of full time for four consecutive years: o In a subject area designated as an area of teacher shortage. o At a school site that has a population of unduplicated English learner, students eligible for free or reduced-price meals, and foster youth equal to or greater than the district's unduplicated pupil count under the Local Control Funding Formula (LCFF). The bill also declares the Legislature's intent that the program be fully funded commencing with the Budget Act of 2015. BACKGROUND SB 1264 Page 2 Current law establishes the Assumption Program Loans for Education Program (APLE), administered by the California Student Aid Commission (CSAC). This program was established in 1983 to provide loan assumption benefits to credentialed teachers. The program is designed to increase the number of qualified teachers in disadvantaged schools or high-priority subject areas. The program "forgives" up to $11,000 of college loan debt for a person who teaches for four consecutive years in a qualifying school or subject area (paying $2,000 for the first year of teaching service and $3,000 for each of the next three years of teaching). Additional loan forgiveness of $1,000 per year for up to four years is provided for those who teach math, science or special education in the lowest 60th percentile of API rankings (for a total of $15,000) and an additional $1,000 is provided for those who teach math, science or special education in schools with an academic performance index (API) of 1 or 2 (for a total of $19,000). The subject area shortages are annually determined by the Superintendent of Public Instruction, but the CSAC is required to grant priority for assumption loan agreements to applicants who obtain teaching credentials in math, science and special education. Current law authorizes up to 6,500 agreements subject to authorization by the Governor and Legislature in the annual Budget Act. Generally, APLE warrants are given to credential candidates (e.g. students); the warrants are then redeemed for the loan assumption benefit once the candidate has earned a credential and completed a year of eligible teaching. Current law caps the number of awards for district intern applicants at 100 annually, and authorizes up to 400 awards annually for credentialed teachers who have not previously participated in the program and who teach in a public school with an academic performance index (API) of 1 or 2. (Education Code § 69612-69615.8) ANALYSIS This bill : 1) Establishes the Educator Excellence Program (EEP) under the administration of the California Student Aid Commission (CSAC) and requires the CSAC to: a) Administer the program. SB 1264 Page 3 b) Adopt rules and regulations, including, but not limited to, provisions regarding: i) The period of time during which an agreement will remain valid. ii) Reallocation of resources if participants fail to satisfy the terms of agreements. iii) Development of projections for funding purposes. c) Develop procedures for the evaluation and selection of qualified applicants for participation in the program, in coordination with the SPI. 2) Requires that participants meet all the following eligibility criteria prior to selection and during the payment period, as appropriate: a) Requires that individuals enrolled in a postsecondary education program leading to a teaching credential: i) Have completed the equivalent of 60 semester units leading to a baccalaureate degree at an eligible institution. ii) Have been admitted to a program of professional preparation approved by the Commission on Teacher Credentialing (CTC). b) Requires that Individuals enrolled in postsecondary education programs leading to a qualifying master's degree program in education or teaching, National Board for Professional Teaching Standards Certification (NBPTSC), or an additional authorization or credential: i) Meet similar requirements, consistent with graduate and post certification SB 1264 Page 4 programs. ii) Have earned a California Professional Clear Teaching Credential or equivalent from another state and be a practicing educator. c) Requires that all participants in the EEP agree to teach: i) For the equivalent of four consecutive full-time academic years. ii) In a subject area designated as an area of teacher shortage. iii) At a school district that has qualified for a Local Control Funding Formula (LCFF) concentration grant. iv) At a school site that has a population of unduplicated English learner, students eligible for free or reduced-price meals, and foster youth equal to or greater than the district's unduplicated pupil count under the local control funding formula. d) Requires that the terms of service for each participant be established as of the year of entry into the program and requires that participants fully and completely satisfy the program requirements within six years of their enrollment date. e) Authorizes the SPI to designate additional qualifying criteria that her/she deems pertinent for participation in the program. 3) Establishes the same eligibility requirements, deferrals, and exceptions, and postsecondary education institution, county office of education and school district selection criteria for participants pursuing initial credentials or added authorizations as that which exists for the APLE program. 4) Provides that participants pursuing initial credentials or added authorizations retain full liability for all remaining student loan obligations if they fail to redeem SB 1264 Page 5 an agreement for assumption within 10 years of issuance. 5) Requires that participants who were enrolled in programs leading to a master's degree or NBPTSC fully repay the State of California for all funds awarded through the EEP for loan assumption if they fail to redeem an agreement within six years of its issuance. 6) Authorizes up to 400 loan assumption agreements for current teachers who meet specified credentialing requirements and are teaching in school districts at school sites that meet the eligibility criteria, and directs the CSAC to develop and adopt regulations for this purpose by January 1, 2016. 7) Requires the CDE, in consultation with the CTC, to conduct a study at least every three years, as determined by the SPI (to be included with a statutorily required CTC report on the number of teachers who received credentials, authorizations, permits and waivers) to determine priority areas for EEP loan assumption agreements and further: a) Requires the SPI to convene a working group to establish priorities, based on the most current study conducted by the CDE. b) Requires that program awards be authorized consistent with the program goals, targeting high need schools consistent with federal assumption loan program regulations. c) Requires that the study identify areas of greatest need and award EEP loan assumption agreements based on specific criteria. d) Outlines the specific contents of the study, to include a list of teaching fields, as specified, several lists of schools, as specified, and additional information useful to make determinations in areas of educational need and direct new program awards at those areas of program focus. e) Requires the SPI to develop priority areas for the EEP awards on or before January 1 of the academic year in those years in which the study SB 1264 Page 6 is completed. f) Requires the CSAC to provide awards based upon the most current study conducted. 8) Requires the CSAC to commence loan assumption payments upon verification that the applicant is qualified because they: a) Received a California preliminary credential, or equivalent from another state, in an area of teacher shortage as determined by the SPI. b) Received a qualifying master's degree in education or teaching, NBPTSC, or an additional credential, in an area of teacher shortage as determined by the SPI. c) Meet all other requirements and conditions of the program. 9) Establishes the terms of a loan assumption granted under the EEP as follows: a) Completion of one school year of classroom instruction - up to $2,000 of loan assumption. b) Completion of two consecutive school years of classroom instruction - up to an additional $3,000 of loan assumption (total of $5,000 maximum). c) Completion of three consecutive school years of classroom instruction - up to an additional $3,000 of loan assumption (total of $8,000 maximum). d) Completion of four consecutive school years of classroom instruction - up to an additional $3,000 of loan assumption (total of $11,000 maximum). 10) Makes provision for participation by applicants who teach on a less than full-time basis. 11) Requires the SPI to develop priority areas for the EEP at least every three years based upon the most current CTC study, requires the CDE to solicit advice from specified SB 1264 Page 7 entities on proposed rules and regulations, and requires the SPI to annually provide the CSAC (by December 31) with school lists similar to those provided by the study required under Section 69633 of the bill. 12) Establishes annual reporting requirements for the EEP and: a) Requires the CSAC to annually report to the Governor and Legislature on program participants, as specified, disaggregated by sex, age, and ethnicity. b) Requires the SPI to use the reported data for the purpose of developing priority areas for EEP awards. 13) Establishes CSAC responsibilities similar to those that exist under the APLE program. Specifically it: a) Requires the CSAC to administer the program and to adopt rules and regulations, as specified, to solicit the advice of specified entities, and to distribute program information and students applications, as specified. b) Requires that each eligible institution receive at least one allocation and that the remainder be distributed proportionally, as specified. c) Requires the CSAC to enlist the advice and support of specified entities to reexamine its outreach and marketing strategies to inform potential undergraduates and employed persons outside of academia about the program. d) Requires the CSAC to enter into 6,500 assumption agreements each school year, but prohibits the CSAC from awarding more than the number of loan assumption agreements authorized in the Budget Act annually. 14) Declares the Legislature's intent that the EEP be fully funded commencing with the Budget Act of 2015. 15) Makes a number of related declarations and findings. SB 1264 Page 8 STAFF COMMENTS 1) Need for the bill . According to the author, California currently faces a critical shortage of teachers. According to the Educator Excellence Task Force, 40 percent fewer credentials are being conferred today than in 2004, and the shortage of teachers is primarily in the fields of mathematics, special education, and English as a second language. Additional challenges include the high cost of living in California where new teachers in California earn less than the national median wage of $43,400, and the lack of any support to assist teachers in supporting advanced teacher training. Although the State established the APLE program, it does not provide assistance to teachers pursuing advanced training, provided no mechanism for guiding the identification of shortage areas and low performing schools, and funding for new APLE recipients was eliminated as of the 2012-13 budget. This bill proposes a new program designed to respond to these shortcomings. 2) Teacher supply in California . Current law requires the CTC to annually report to the Governor and the Legislature on the number of teachers who received credentials, authorizations, permits and waivers. According to the 2011-12 report, California saw a decrease of 12 percent in the number of newly issued credentials across all three types of preliminary teaching credentials (i.e., Multiple Subject, Single Subject, and Education Specialist). The CTC reports that this is the eighth consecutive year in which the total number of initial teaching credentials issued decreased, representing a nearly 30 percent decline in the past five years in number of initial and new type teaching credentials issued. 3) Current status of APLE program . Current law authorizes the APLE program. However, the Budget Act has not provided funding for the issuance of new assumption loan agreements since 2012-13. According to the author, it is the intent that the EEP replace the existing APLE program, but build upon the successful elements of that program. While no new warrants have been issued, awardees may still be claiming loan payments, necessitating that the existing statutes remain in place and that a new program with parallel features be established in a new Education Code SB 1264 Page 9 section. 4) Access to the program for veteran teachers . This bill, like the APLE program, was recently amended to provide the opportunity for credentialed teachers currently teaching in subject matter shortage areas at school sites that meet the requirements of the program to receive an assumption loan award. These awards, like the APLE program, are limited to 400 per year. 5) Clarifying payback provisions . This bill contains several confusing and potentially conflicting payback provisions. It requires that all participants fully complete and satisfy program requirements within six years of the enrollment date. It also requires that initial credential or added authorization participants redeem their awards within 10 years and that master's degree or NBPTSC participants redeem their awards within six years of the agreement's issuance. If a master's degree or NBPTSC participant fails to meet this requirement, the participant is required to fully repay all funds awarded to the State. If an individual pursuing an individual credential or authorization fails to meet this requirement, the individual retains full liability for all remaining student loans. Is a student required to complete their academic program and teaching service requirements within six years? Is this reasonable? Or is this in reference to enrollment in the EEP? If so, how does 6 years to complete the teaching requirements of the program reconcile with 10 years to redeem the award? While there appear to be consequences if a participant fails to redeem an award, it is unclear if there are consequences if a participant fails to meet the teaching service requirements. Under the APLE an initial credential participant was required to meet the four consecutive years of teaching service requirements, or retain full liability for all remaining student loan obligations (EC 69613.6). Staff recommends the bill maintain language requiring award redemption within 10 years and 6 years, but be amended to: SB 1264 Page 10 a) Require that academic and certification program requirements be completed within 6 years. b) Include similar language to that in EC 69613.6 (a), regarding failure to meet teaching service requirements, for initial credential or added authorization participants. c) Require that master's degree or NBPTSC participants fully repay all funds awarded to the State if they fail to meet the four consecutive school years of teaching service requirement. 1) Duplicative code sections . This bill appears to contain two different sections outlining similar requirements. Staff recommends the bill be amended to consolidate the duplicative requirements in 69633 and 69636 into a single section, to eliminate language requiring the SPI to solicit advice regarding proposed rules and regulations, and to clarify that the information from the study shall be furnished to the CSAC for the purpose of determining EEP awards. 2) Need to clarify authorities . This bill establishes the EEP under the administration of the CSAC. However, as currently drafted this bill appears to assign broad and vague authority to the SPI to determine individual applicant eligibility "according to qualifying criteria set forth by the SPI." Under the APLE program, the CSAC determines the award recipients based upon the rubrics and conditions established via statute. What qualifying criteria is envisioned that the SPI would be setting beyond those already delineated in statute? The study requirements which outline the contents and a variety lists to be developed appear to be sufficient for guiding the CSAC administration of the program. Staff recommends that the broad and vague authority delegated to the SPI be deleted from the bill. 3) School site measure . In an effort to develop a loan assumption program more aligned with the new Local Control Funding Formula (LCFF), this bill has been amended to require that a program participant be at a school site that has a population of unduplicated English learner, students eligible for free or reduced-price meals, and foster youth, equal to or greater than the district's SB 1264 Page 11 unduplicated pupil count under the LCFF. These provisions attempt to ensure that the EEP program acts as an incentive for outstanding new teachers and veteran teachers to choose to teach at sites that are recognized by the LCFF as needing the greatest resources. The bill appears to contain a drafting error in section 69631(4) as the section does not contain the school site criteria recently added to the bill's provisions. Staff recommends the bill be amended to ensure that this section reflects the LCFF related school site requirement. 4) Cost impact . As this program is intended to replace the current APLE program, and given that the number of awards and the amount of the awards is the same as the APLE, it is reasonable to assume that costs for this program would be similar. In 2011-12, the cost to the State for the APLE program was $5 million. SUPPORT None received on this version. OPPOSITION None received.