BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 839


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          Date of Hearing:    April 22, 2014


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 839  
          (Travis Allen) - As Introduced February 26, 2015


          SUBJECT:  School accountability:  local control and  
          accountability plans:  California Collaborative for Educational  
          Excellence


          SUMMARY:  Adds two new members to the board of the California  
          Collaborative for Education Excellence (CCEE).  Specifically,  
          this bill:  


          1)Adds a representative of charter schools appointed by the  
            Governor to the CCEE.


          2)Adds a parent of a California public school pupil appointed by  
            the Joint Committee on Rules to the CCEE.


          EXISTING LAW:  





          1)Establishes the CCEE, whose purpose is to advise and assist  
            local education agencies (LEAs) in achieving the goals set  








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            forth in their local control and accountability plans (LCAPs).

          2)Requires the CCEE to be governed by a five-member board  
            consisting of the following members:

             a)   The SPI or his or her designee;
             b)   The president of the SBE or his or her designee;
             c)   A county superintendent of schools appointed by the  
               Senate Rules Committee;
             d)   A teacher appointed by the Speaker of the Assembly; and
             e)   A superintendent of a school district appointed by the  
               Governor.

          3)Requires the Superintendent of Public Instruction (SPI), in  
            consultation with the State Board of Education (SBE), to  
            contract with an LEA to serve as the fiscal agent for the  
            CCEE.

          4)Requires the fiscal agent, at the direction of the CCEE  
            governing board, to contract with individuals, LEAs, or  
            organizations with the expertise, experience, and a record of  
            success to provide assistance to LEAs that are failing to meet  
            specified performance objectives.

          5)Authorizes the SPI to direct the CCEE to advise and assist an  
            LEA in any of the following circumstances:

             a)   The governing board of the LEA requests the advice and  
               assistance of the CCEE;
             b)   The superintendent of schools in the county in which the  
               school district or charter school is located determines  
               that the advice and assistance of the CCEE is necessary to  
               help the school district or charter school accomplish the  
               goals it has set in its LCAP; or
             c)   The SPI determines the advice and assistance of the CCEE  
               is necessary to help an LEA accomplish the goals it has set  
               in its LCAP.

          6)Requires LEAs to adopt an LCAP by July 1, 2014 using a  








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            template adopted by the SBE and requires that the LCAP:

             a)   Be updated every year and renewed every three years;
             b)   Be developed in consultation with teachers, principals,  
               administrators, other school personnel, parents, and  
               pupils;


             c)   Include annual achievement goals for all pupils,  
               including specified pupil subgroups, and a description of  
               actions that will be taken to achieve those goals;


             d)   Address the following eight state priorities:





               i)     Requirements related to the Williams v. State of  
                 California settlement agreement related to fully  
                 credentialed teachers, instructional materials, and  
                 school facilities;
               ii)    Implementation of academic and performance  
                 standards, including English language development  
                 standards;


               iii)   Parental involvement;


               iv)    Pupil achievement, as measured by statewide  
                 assessments;


               v)     Pupil engagement, as measured by attendance, dropout  
                 and graduation rates, and expulsions/suspensions;










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               vi)    School climate, as measured by suspension rates,  
                 expulsion rates, and other local measures, such as  
                 surveys;


               vii)   The extent to which pupils have access to and are  
                 enrolled in a broad course of study; and


               viii)  Pupil outcomes, if available, for non-state-assessed  
                 courses of study.





             e)   Be aligned with the district's budget and describe how  
               the district will "increase or improve services for  
               unduplicated pupils in proportion to its increase in funds  
               apportioned on the basis of the number and concentration of  
               unduplicated pupils in the district."



          FISCAL EFFECT:  Unknown


          COMMENTS:  The CCEE and LCAP were both established as the  
          accountability component of the Local Control Funding Formula  
          (LCFF).  The purpose of the CCEE is to provide advice and  
          assistance to LEAs that persistently fail to achieve specified  
          pupil outcome goals.  LEAs also may seek assistance from the  
          CCEE on their own.  


          Existing law requires the SPI, with the approval of the SBE, to  
          contract with an LEA or a consortium of LEAs to serve as the  
          CCEE's fiscal agent.  In addition, existing law requires the  
          CCEE to be governed by a board consisting of the following:








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                 The SPI or his or her designee;
                 The president of the SBE or his or her designee;
                 A county superintendent of schools appointed by the  
               Senate Rules Committee;
                 A teacher appointed by the Speaker of the Assembly; and
                 A superintendent of a school district appointed by the  
               Governor.

          The SPI has contracted with the Riverside County Office of  
          Education to serve as the fiscal agent.  The CCEE held its first  
          meeting on February 25, 2015 at which it elected officers,  
          adopted bylaws, and appointed an ad hoc sub-committee to  
          initiate the process to search for an executive director.  



          The CCEE board has only one statutory function.  The only  
          function of the CCEE board is to direct the fiscal agent to  
          "contract with individuals, local educational agencies, or  
          organizations with the expertise, experience, and a record of  
          success" to provide advice and assistance to LEAs.  The areas of  
          expertise and experience required of the individuals, LEAs, or  
          organizations with whom the fiscal agent contracts must include,  
          but not necessarily be limited to, the following:


                   The eight state priorities that must be addressed by  
                the LCAP;
                   Improving the quality of teaching;
                   Improving the quality of school district and  
                schoolsite leadership; and
                   Successfully addressing the needs of special pupil  
                populations, including, but not limited to, English  
                learners, pupils eligible to receive a free or  
                reduced-price meal, pupils in foster care, and individuals  
                with exceptional needs.









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          Existing law already permits the fiscal agent to contract with a  
          charter school representative as appropriate, if that  
          representative meets the other statutory requirements.  


          What the CCEE board does not do.  The CCEE board does not have a  
          statutory role in evaluating LEA performance, determining which  
          LEAs receive advice and assistance, or the delivery of advice  
          and assistance.  Those functions lay with the SPI, county  
          superintendents of schools, and the individuals and  
          organizations with whom the fiscal agent contracts to provide  
          the services.  The committee may wish to consider what purpose  
          would be served by adding new representation to a board that  
          does not have any "hands on" responsibility for working with  
          underperforming schools.


          How big is big enough?  Given the limited scope of the CCEE  
          board's statutory responsibility, its composition was designed  
          to include a few members who are broadly representative of the  
          education community, instead of having a large number of members  
          representing multiple segments of the education community.  This  
          bill may establish a precedent for other segments of the  
          education community to also seek representation on the board.   
          In fact, another bill, AB 1206 (Chu), which also is pending in  
          the Assembly Education Committee, adds two school district  
          governing board members to the CCEE.  If this bill and AB 1206  
          are both enacted, board membership would increase from five to  
          nine members.  The committee may wish to consider how large the  
          CCEE should be in order to fulfill its single statutory role,  
          whether it is necessary to have representation from multiple  
          segments of the education community, and-if so-where the line  
          should be drawn.

          Arguments in support.  EdVoice argues that "a parent perspective  
          would be invaluable to the CCEE board.  In addition, because of  
          the high-stakes nature of recommendations that could be  








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          generated by the CCEE, we believe the voice of a board member  
          with on-the-ground charter school expertise is critical to the  
          credibility of the role of the CCEE in providing technical  
          assistance as well as recommendations on progress toward meeting  
          LCAP goals as it relates to charter schools."

          Arguments in opposition.  According to the California School  
          Boards Association, "Given the purpose of the CCEE to provide  
          technical assistance to and advise local educational agencies  
          (LEAs) in the development of their local control accountability  
          plans, the board should be composed of representatives of those  
          responsible for developing these plans."  The California School  
          Employees Association (CSEA) argues that it is premature to  
          change the composition of the CCEE board.  However, CSEA states  
          that "if the committee is inclined to add more members to the  
          CCEE Board, we would suggest that the committee consider adding  
          a classified staff representative," because they perform duties  
          related to all eight state priorities.

          Related legislation.  AB 1206 (Chu), which is pending in the  
          Assembly Education Committee, adds two school district governing  
          board members to the CCEE.  Last year's AB 2408 (Allen), which  
          also added a parent and a charter school representative to the  
          CCEE, was vetoed by the Governor with the following message:

               I am returning Assembly Bill 2408 without my  
               signature.

               This bill would add two new members to the California  
               Collaborative for Educational Excellence that was  
               recently established under the Local Control Funding  
               Formula.

               It is premature to alter the composition of the  
               Collaborative prior to its initial meeting. I would  
               prefer to see how the Collaborative functions in its  
               current form before making any changes. 

               Sincerely,








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               Edmund G. Brown Jr.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Charter Schools Association Advocates


          EdVoice


          Students First




          Opposition


          California School Boards Association


          California School Employees Association




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087










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