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





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           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.




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                    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  




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                         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  




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               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  




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                    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  




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               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.




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           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  




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               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:





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                  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  




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               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.