BILL ANALYSIS Ó AB 2489 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2489 (McCarty) - As Amended April 18, 2016 ----------------------------------------------------------------- |Policy |Education |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires the California Department of Education (CDE) to evaluate the implementation of restorative justice practices in school districts, in consultation with specified stakeholders, and develop standard models or develop recommendations for effective implementation. Specifically, this bill: 1)Expresses Legislative intent to evaluate existing restorative justice practices to determine if there are common effective strategies that can be shared with school districts that have not implemented restorative justice practices. AB 2489 Page 2 2)Requires CDE to consult with school-based restorative justice practitioners, educators, pupils, community stakeholders, and nonprofit and public entities to identify best practices for effective, evidence-based restorative justice in elementary and secondary schools. 3)Requires the CDE to post the standard model or models or recommendations developed on the CDE website. FISCAL EFFECT: General Fund administrative costs to the CDE of approximately $1.5 million over three years. This estimate provides support for three staff over three years and covers costs such as consulting with stakeholders, evaluating the implementation of restorative justice practices in schools, and developing a model or best practices. The department recommends a three year study to ensure data is comprehensive. COMMENTS: 1)Purpose. A number of school districts have implemented alternative disciplinary programs. Restorative justice practices and Schoolwide Positive Behavior Intervention and Support programs are examples of such programs. Restorative justice is a set of principles and practices grounded in the values of showing respect, taking responsibility, and strengthening relationships. Restorative practices, applied on a schoolwide context, are used to build a sense of school community and resolve conflict by repairing harm and restoring positive relationships. School districts that have restorative justice programs have seen reductions in the AB 2489 Page 3 number of out-of-school suspensions. While a number of districts have implemented restorative justice practices, it is unclear whether the districts have the same implementation. This bill will look at how these practices are being implemented at the local level and establish a model framework for restorative justice practices that may be used by local education agencies. 2)Related budget actions. The 2015 California Statewide Special Education Task Force Report made a number of recommendations for improving the effectiveness of not only special education, but the education system as a whole. One of the task force recommendations included implementing a Multi-tiered System of Support (MTSS) for students who struggle either academically or behaviorally. MTSS is an integrated, comprehensive framework that focuses on the common core state standards (CCSS), core instruction, differentiated learning, student-centered learning, individualized student needs, and the alignment of systems necessary for all students' academic, behavioral, and social success. The idea is that these systems would serve as an alternative to identifying struggling students for special education or addressing behavioral issues through disciplinary action. The 2015-16 Budget Act provided $10 million (one-time Proposition 98/GF) for the CDE to award one or two county office(s) of education (COEs) to identify strategies for implementing schoolwide, data-driven systems of learning and behavioral supports. These systems of support could include: positive behavior interventions and support, restorative justice, bullying prevention, social and emotional learning, trauma-informed practice, and cultural competency. The CDE recently selected the Orange County Office of AB 2489 Page 4 Education (OCOE) to administer this program. The OCOE intends to use $2.5 million of the $10 million to provide subgrants to LEAs to implement academic and behavioral support programs. The OCOE proposes to use the remaining $7.5 million mainly on developing and disseminating resources, technical assistance and training for LEAs. The Governor's budget proposes an additional $30 million (one-time Proposition 98/GF) for the OCOE to support LEAs in implementing MTSS and other academic and behavioral support systems. The Administration would like to see the additional $30 million dedicated to more subgrants for LEAs to implement these systems of support. The LAO recommends rejecting this proposal. The Legislative Budget subcommittees have not yet taken action on this issue. Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081