BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1014


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1014 (Thurmond)


          As Amended  August 15, 2016


          Majority vote


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          |ASSEMBLY:  |      |(June 3, 2015) |SENATE: |36-0  |(August 19,      |
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                 (vote not relevant)




          Original Committee Reference:  ED.


          SUMMARY:  Establishes the Learning Communities for School  
          Success Program for the purpose of implementing the K-12  
          education portion of the Safe Neighborhoods and Schools Act,  
          approved as Proposition 47 by the voters at the November 4,  
          2014, statewide general election.  Specifically, this bill:  


          1)Requires the California Department of Education (CDE) to  
            administer a grant program and support local educational  
            agencies (LEAs) in identifying and implementing  
            evidence-based, nonpunitive programs and practices that are  
            aligned with the goals for pupils contained in each LEA's  
            local control and accountability plan (LCAP).  










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          2)Requires LEAs to submit an application to the CDE to receive a  
            grant, in a format and by a date determined by the CDE.   
            Requires the application to include, at a minimum, all of the  
            following:


             a)   Information about the pupil and school needs within the  
               LEA.


             b)   The activities the LEA will undertake with the grant  
               funding.


             c)   How the activities support the LEA's goals for pupils  
               contained in its LCAP.


             d)   How the LEA will measure outcomes associated with the  
               proposed activities and metrics reported in the LEA's LCAP.


          3)Specifies that the grant shall be for three years and  
            authorizes the CDE to establish requirements for grantees to  
            meet at the end of the first and second years of funding in  
            order to receive funding for the remaining grant period.


          4)Requires the CDE to determine eligibility for grants and the  
            distribution of grant funding based on all of the following  
            factors:


             a)   Pupil and school needs the LEA will address with the  
               grant funds.


             b)   Number of pupils to be served with the grant funds.


             c)   Number, size, and type of participating schools within  
               the LEA.








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             d)   Any challenges the LEA experiences in building capacity  
               for fulfilling the purposes of this bill.


             e)   The unique characteristics of small school districts,  
               given their challenges with economies of scale and access  
               to services in rural locations.


          5)Requires the CDE to conduct targeted outreach to LEAs that are  
            likely to be given priority as specified by this bill and  
            offer the LEAs technical assistance as they develop their  
            grant applications.  Authorizes the CDE to provide technical  
            assistance with application development, which may include  
            assistance from external entities the CDE may contract with to  
            provide training and technical assistance.


          6)Requires the CDE to issue application guidelines that include,  
            at a minimum, information about the CDE's plans for overall  
            evaluation of the program.  Requires the CDE, in consultation  
            with the Executive Director of the State Board of Education,  
            to identify a set of measures and associated data sources that  
            are deemed valid and reliable for measuring pupil and school  
            outcomes and assessing the benefits of the program.  


          7)Requires the CDE to consult with stakeholders, including, but  
            not limited to, representatives of LEAs, teachers and other  
            school personnel, parents, advocacy organizations with  
            experience working with target vulnerable populations, and  
            parent- and youth-serving community-based organizations.   
            Expresses the intent of the Legislature that stakeholders  
            provide input to the CDE on the design of the application and  
            review process, including the size of the grant awards, but  
            not in determining who will be awarded grants.


          8)Requires a LEA that receives a grant to use the grant funds  
            for planning, implementation, and evaluation of activities in  








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            support of evidence-based, nonpunitive programs and practices  
            to keep the state's most vulnerable pupils in school.   
            Requires the activities to complement or enhance the actions  
            and services identified to meet the LEA's goals as identified  
            in its LCAP.  Specifies that these activities may include, but  
            are not limited to, all of the following:


             a)   Establishing a community school.
             b)   Implementing activities or programs to improve  
               attendance and reduce chronic absenteeism, including, but  
               not limited to, early warning systems or early intervention  
               programs.


             c)   Implementing restorative practices, restorative justice  
               models, or other programs to improve retention rates,  
               reduce suspensions and other school removals, and reduce  
               the referral of pupils to law enforcement agencies.


             d)   Implementing activities that advance social-emotional  
               learning, positive behavior interventions and supports,  
               culturally responsive practices, and trauma-informed  
               strategies.


             e)   Establishing partnerships with community-based  
               organizations or other relevant entities to support the  
               implementation of evidence-based, nonpunitive approaches to  
               further the goals of the program.


             f)   Adding or increasing staff within a LEA whose primary  
               purpose is to address ongoing chronic attendance problems,  
               including, but not necessarily limited to, conducting  
               outreach to families and children currently, or at risk of  
               becoming, chronically truant.


          9)Authorizes the CDE to give priority to a LEA that meets any of  
            the following criteria:








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             a)   Has a high rate of chronic absenteeism, out-of-school  
               suspension, or school dropout for the general pupil  
               population or for a numerically significant pupil subgroup,  
               as identified in the LCAP.  Defines "high rate" as a rate  
               that exceeds the state average.


             b)   Is located in a community with a high crime rate.


             c)   Has a significant representation of foster youth among  
               its pupil enrollment.


          10)Requires a LEA that receives a grant to comply with the  
            following:


             a)   Provide a local contribution of matching expenditures  
               equal to at least 20% of the total grant award.  This local  
               contribution can be from cash expenditures or in-kind  
               contributions.  A LEA is encouraged to exceed the 20% match  
               requirement to enable the LEA to sustain the activities or  
               programs established under this article beyond the  
               three-year grant period.


             b)   Use the grant funds to increase or improve services that  
               the LEA currently provides for purposes specified in this  
               bill.


             c)   Not use grant funds to pay for law enforcement  
               activities, including personnel or equipment.


          11)Authorizes 5% of the funds to be used for the administrative  
            costs of implementing this bill, including, but not limited  
            to, administering grant awards, coordinating the training and  
            technical assistance structure, and completing an evaluation.








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          12)Requires the CDE to establish a structure to deliver training  
            and technical assistance to grantees using regional workshops  
            and technical assistance providers that have expertise on  
            pupil engagement, school climate, truancy reduction, and  
            supporting pupils who are at risk of dropping out of school or  
            who are victims of crime.  Authorizes the CDE to contract with  
            those providers to assist the grantees as well as to serve as  
            a resource for other LEAs that may use their own funding  
            sources to engage in this community of practice.  Specifies  
            that the technical assistance provided shall be consistent  
            with the technical assistance provided to a LEA by the county  
            superintendent of schools or the State Superintendent of  
            Public Instruction, as appropriate, in the development of the  
            LCAP.  


          13)Requires a LEA that receives grant funding pursuant to this  
            bill to evaluate and report to the governing board of the  
            school district, the county board of education, or its  
            chartering authority, and the CDE the results of the  
            activities it undertakes pursuant to this bill.  Requires the  
            CDE to compile information from grantee reports as part of an  
            overall evaluation of the grant program implementation, assess  
            the benefits of participation in the program, and identify the  
            pupil and school outcomes associated with the strategies and  
            programs implemented by grantees.  Requires the CDE to submit  
            an interim report of preliminary evaluation findings to the  
            Legislature on or before January 31, 2019, and a final  
            evaluation report to the Legislature on or before January 31,  
            2020, submitted in compliance with Government Code Section  
            9795.


          14)Establishes the following definitions:


             a)   "Community school" means a public school that  
               participates in a community-based effort to coordinate and  
               integrate educational, developmental, family, health, and  
               other comprehensive services through community-based  








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               organizations and public and private partnerships with one  
               or more community partners for the delivery of community  
               services that may be provided at a school site to pupils,  
               families, and community members.


             b)   "Local educational agency" means a school district,  
               county office of education (COE), or charter school.


          15)Specifies that the provisions of this bill shall not become  
            operative unless funds are appropriated in the annual Budget  
            Act or another statute to the Safe Neighborhoods and Schools  
            Fund in accordance with the Safe Neighborhoods and Schools Act  
            for the purposes specified in this bill.


          16)Makes the enactment of this bill contingent upon the  
            enactment of SB 527 (Liu).


          The Senate amendments delete the contents of this bill and  
          inserted language identical to SB 527 (Liu).  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)The Budget Act of 2016 includes a total of $27.9 million for  
            this purpose.  Specifically, the budget includes $9.4 million  
            of estimated Proposition 47 savings, with an additional $18  
            million in one-time Proposition 98 to be spent over three  
            years, and $493,000 General Fund for CDE state operations.


          2)The CDE anticipates costs of almost $720,000 in the first year  
            for start-up and program administration costs, including  
            contracting with consultants to provide technical assistance,  
            conducting stakeholder meetings and program monitoring, and  
            funding for CDE support staff.  This translates to an  
            additional need of $227,000 over the amount provided in the  








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            budget act.  Second year costs (2017-18) are anticipated to be  
            $763,000.  


          COMMENTS:  In November 2014, voters approved Proposition 47,  
          establishing the Safe Neighborhoods and Schools Act.  The  
          Proposition reduced penalties for specified non-violent drug and  
          property crimes, resulting in a reduced prison population and  
          thereby reduced state costs.  The Proposition requires the  
          Department of Finance to, on or before July 31st of each fiscal  
          year, beginning with July 31, 2016, to calculate the savings  
          derived by the Proposition during the preceding fiscal year.   
          The savings are required to be allocated for the following  
          purposes:


          1)Twenty-five percent to the CDE to administer a grant program  
            to public agencies aimed at improving outcomes for public  
            school pupils in kindergarten through grade 12 by reducing  
            truancy and supporting students who are at risk of dropping  
            out of school or are victims of crime.


          2)Ten percent to the California Victim Compensation and  
            Government Claims Board, to make grants to trauma recovery  
            centers to provide services to victims of crime pursuant to  
            Government Code Section 13963.1.


          3)Sixty-five percent to the Board of State and Community  
            Corrections, to administer a grant program to public agencies  
            aimed at supporting mental health treatment, substance abuse  
            treatment, and diversion programs for people in the criminal  
            justice system, with an emphasis on programs that reduce  
            recidivism of people convicted of less serious crimes, such as  
            those covered by the Proposition, and those who have substance  
            abuse and mental health problems.


          Purpose of the bill.  This bill establishes a grant program to  
          implement the requirement to direct 25% of the funds to K-12  
          schools to reduce truancy and support students who are at risk  








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          of dropping out of school or are victims of crime.  School  
          districts, COEs and charter schools are eligible to apply for  
          three years of grant funding for planning, implementation, and  
          evaluation of activities in support of evidence-based,  
          nonpunitive programs and practices to keep students in school,  
          consistent with the LEA's goals established in the LCAP.  


          Each LEA is required to develop a LCAP to establish how local  
          control funding formula funds are used.  LEAs are required to  
          describe their goals for meeting eight state priorities,  
          including "pupil engagement," as measured by factors such as  
          school attendance rate and chronic absenteeism rate, and "school  
          climate," as measured by suspension and expulsion rates.  


          Implementation of the program.  This bill requires the CDE to  
          establish parameters for the program, in consultation with  
          stakeholders, but specifies that priority for funding shall go  
          to LEAs with a high rate of chronic absenteeism, out-of-school  
          suspension, or pupil dropouts; LEAs located in communities with  
          high crime rates; or LEAs with significant representation of  
          foster youth.  


          The bill requires the CDE to distribute funds based on the  
          following:  1) pupil and school needs to be addressed; 2) the  
          number of pupils to be served; 3) the number, size, and type of  
          participating schools within the LEA; 4) whether the LEA  
          experiences any challenges in building capacity for fulfilling  
          the purposes of this bill; and 5) the unique characteristics of  
          small school districts and their challenges.


          Use of funds.  The bill authorizes funds to be used to establish  
          a community school, implement activities or programs to improve  
          attendance and reduce chronic absenteeism, implement restorative  
          practices, restorative justice models to keep students in school  
          and reduce referrals of pupils to law enforcement agencies,  
          implement activities that promote social-emotional and positive  
          learning environments, establishing partnerships with  
          community-based organizations to support implementation of  








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          evidence-based, nonpunitive approaches, and adding or increasing  
          staff whose primary purpose is to address attendance issues.   
          This bill specifically prohibits funds to be used to pay for law  
          enforcement personnel or equipment. 


          Technical assistance.  This bill requires the CDE to identify  
          and outreach to LEAs that meet the priorities for funding to  
          provide assistance in developing their applications.  This bill  
          also requires the CDE to establish a structure to provide  
          training and technical assistance to grantees, such as providing  
          regional workshops, on strategies to improve pupil engagement,  
          reduce truancy, improve school climate, and support pupils who  
          are at risk of dropping out or who are victims of crime.  


          Local match.  The bill requires a 20% local match, either  
          through cash expenditures or in-kind contributions.  




          This bill is identical to SB 527 (Liu).  The enactment of this  
          bill is contingent upon the enactment of that bill.  


          Analysis Prepared by:                                             
                          Sophia Kwong Kim / ED. / (916) 319-2087  FN:  
          0004374