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