BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2489


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2489 (McCarty) - As Amended April 18, 2016


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          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.








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          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  








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            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  








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            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