BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 460 (Allen) - Pupils redesignated as fluent English proficient: local control funding formula: local control and accountability plans ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2015 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. Bill Summary: This bill, until July 1, 2019, or whenever the state adopts statewide English learner redesignation standards, whichever comes first, requires that local educational agencies (LEAs) continue to receive a percentage of supplemental and concentration grant funding under the Local Control Funding Formula (LCFF) for two additional years after an English learner student has been reclassified as fluent English proficient. This bill also requires LEAs to expand reporting in their Local Control and Accountability Plan (LCAP) to include goals and actions for students reclassified as fluent English proficient students and to specify specialized programs or services provided to these students. Fiscal Impact (as approved on May 28, 2015): Cost pressure in the high tens of millions in Proposition 98 SB 460 (Allen) Page 1 of ? General Fund annually. This estimate would change depending on the number of students that are redesignated as fluent English proficient and whether they attend school in districts that qualify for concentration grant funding. California Department of Education (CDE) estimates one-time costs of at least $49,000 General Fund for staff to make necessary revisions to the LCAP template and to provide technical assistance. This estimate does not include costs for any travel or stakeholder input meetings needed. This bill results in additional unknown, but potentially significant costs to LEAs to report reclassified student enrollment; for county offices of education to verify the data; and for LEAs to include additional information on redesignated pupils in their LCAPs. These activities could be deemed a reimbursable state mandate. Background: The 2013-14 budget replaced the previous K-12 finance system with a new LCFF which replaced most previously existing K-12 funding streams, including revenue limits and most state categorical programs. Base grants are provided for every student with amounts dependent on certain grades. Supplemental and concentration grants are provided based on the number and concentration, or LEAs with high percentages, of students who are identified as either low income, English learner, or in foster care within a school district, county office of education, or charter school, as applicable. The formula uses an "unduplicated count," which means that pupils who fall into more than one category are counted only once. The unduplicated pupil percentage, used to calculate supplemental and concentration grants, are calculated using a three-year rolling average based on the current year and two prior years which has the effect of smoothing out year-to-year changes in students. (Education Code § 2574 and § 42238.02) As part of the LCFF, school districts, county offices of education, and charter schools are required to develop, adopt, and annually update a three-year LCAP using the template adopted by the State Board of Education. Current law requires that the LCAP include a description of annual goals and actions to achieve these goals for all students and subgroups of students, SB 460 (Allen) Page 2 of ? in each of the statutorily-identified eight state priorities, or any additional local priority. (Education Code § 52060) Both federal and state law require that each school district with English learners annually assess these students' English language development until they are redesignated as English proficient. Current law requires the reclassification procedures developed by the CDE to use multiple criteria, including assessing language proficiency, teacher evaluation, parental opinion, and a comparison to the performance of English proficient pupils of the same age. These are minimum requirements and LEAs can develop their own additional criteria. (Education Code § 313) Proposed Law: This bill, until July 1, 2019, or until statewide pupil redesignation standards are adopted, whichever comes first: 1. Expands the definition of "unduplicated pupil" to include a pupil who is redesignated as fluent English proficient and provides that the pupil counts only once with respect to students that fall into more than one category that generates additional funding. 2. Expands the reporting of unduplicated pupil enrollment LEAs must provide to CDE to include pupils redesignated as fluent English proficient, and requires county offices of education to review and validate this information for school districts and charter schools within their jurisdiction. 3. Requires that a county office of education, a school district, or a charter school receive 50 percent of the supplemental grant and concentration grant and 25 percent of the supplemental and concentration grant after the first fiscal year and the second fiscal year, respectively, the pupil was redesignated. 4. Expands reporting that LEAs are required to complete in their LCAP by adding redesignated pupils as a subgroup for which LEAs must establish goals and actions to achieve those goals in each of the state priorities. In addition, this bill requires LEAs to specifically report on any SB 460 (Allen) Page 3 of ? specialized programs or services provided to redesignated students so that they may maintain proficiency in English, and access the common core academic content standards and a broad course of study, as specified. Related Legislation: Current law, enacted by SB 1108 (Padilla, Chapter 434, Statues of 2012), requires the CDE, if state federal or private funds are provided for this purpose, to review and analyze the criteria, policies and practices that school districts use to reclassify English learners and to recommend any policy changes necessary to identify when English learners are prepared for reclassification. CDE was required to submit a report by January 1, 2014, however due to lack of funding, it has not been submitted. (Education Code §313.5) SB 409 (De Leon) modifies the unmet reporting requirements established by SB 1108 to establish a new due date of January 1, 2017. The bill, among other things, requires the CDE to report to the Legislature any policy changes necessary on how implementation of the eight state priorities in school districts' LCAPs supports the transition of English learners to classrooms and curricula that require English proficiency. AB 1892 (Bocanegra, 2014) was essentially identical to this bill and failed passage by this committee. SB 344 (Padilla, 2013), among other things, added reclassified English learners to the subgroups of pupils whose academic achievement must be measured by the Academic Performance Index (API) for accountability purposes and expanded LCAP reporting requirements to include reclassified English learners. SB 344 was vetoed by the Governor. Staff Comments: Staff notes that as the bill is currently written, it could be interpreted to provide funding for students redesignated as English proficient twice. The bill includes redesignated pupils in overall unduplicated counts which would generate supplemental and concentration grant funding. This bill also provides additional funding as percentages of supplemental and concentration grants for two years after a SB 460 (Allen) Page 4 of ? student is redesignation as English proficient. Committee amendments (as adopted on May 28, 2015): Amendments make implementation of funding for redesignated as English proficient pupils contingent upon an appropriation in the Budget Act. -- END --