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
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|Version: April 6, 2015 |Policy Vote: ED. 9 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 28, 2015 |Consultant: Jillian Kissee |
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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
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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,
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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
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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
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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.
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