BILL ANALYSIS Ó AB 839 Page 1 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 AB 839 Page 2 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 AB 839 Page 3 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; AB 839 Page 4 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: AB 839 Page 5 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. AB 839 Page 6 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 AB 839 Page 7 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, AB 839 Page 8 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 AB 839 Page 9