BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 460|
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THIRD READING
Bill No: SB 460
Author: Allen (D)
Amended: 6/2/15
Vote: 21
SENATE EDUCATION COMMITTEE: 9-0, 4/22/15
AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning,
Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Pupils redesignated as fluent English proficient:
local control funding formula: local control and
accountability plans
SOURCE: Author
DIGEST: 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
(EL) student has been reclassified as Fluent English Proficient
(RFEP), contingent upon the provision of funding for this
purpose in the annual budget act, and requires that the LEA
provide specified information regarding redesignated pupils in
their Local Control Accountability Plan (LCAP).
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ANALYSIS:
Existing law:
1)Replaced, as part of the 2013-14 budget, the previous K-12
finance system with a new LCFF. For school districts and
charter schools, the LCFF created base, supplemental, and
concentration grants in place of most previously existing K-12
funding streams, including revenue limits and most state
categorical programs. County Offices of Education (COEs) also
receive base, supplemental, and concentration grants and the
LCFF creates separate funding streams for oversight activities
and instructional programs. The base grant provides the same
amount per Average Daily Attendance (ADA) for all districts
and varies according to four grade spans. A supplemental
grant (equal to 20 percent of the base grant for school
districts and charter schools, 35 percent of the base grant
for COEs) is provided for each pupil who is identified as
either low income, as determined by eligibility for free or
reduced-price meals, an EL, or in foster care. A
concentration factor provides an additional 50 percent of the
base grant for each pupil who is eligible for the supplemental
grant and who is in excess of 55 percent of the district's or
charter school's enrollment (35 percent of the base grant for
COEs). The formula uses an "unduplicated count," which means
that pupils who fall into more than one category are counted
only once. (Education Code § 2574 and § 42238.02)
2)Requires as part of the LCFF, school districts, COEs, and
charter schools to develop, adopt, and annually update a
three-year Local Control and Accountability Plan (LCAP),
beginning on July 1, 2014, using a template adopted by the
California State Board of Education (SBE) on or before March
31, 2014. Current law requires that the LCAP include a
description of the annual goals to be achieved for all
students and subgroups of students in each of eight areas of
statutorily identified state priority. Goals must also
address any additional local priorities established by the
local governing board. (Education Code § 52060) Both federal
and State law require that each school district with English
language learners annually assess these students' English
language development until they are redesignated as English
proficient. The assessment, the California English Language
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Development Test (CELDT), must be administered to all students
whose primary language is not English within 30 calendar days
after they are enrolled in a California public school for the
first time, and annually thereafter during a period of time
determined by the Superintendent of Public Instruction and the
State Board of Education (SBE) until they are reclassified as
fluent English proficient.
3)Requires the California Department of Education (CDE), with
the approval of the SBE, to establish procedures for
conducting the CELDT and for the reclassification of a pupil
from EL to English proficient. Current law requires the
reclassification procedures developed by the CDE to use
multiple criteria, including, but not limited to, all of the
following:
a) An assessment of language proficiency.
b) Teacher evaluation, including, but not limited to, a
review of the pupil's curriculum mastery.
c) Parental opinion and consultation.
d) Comparison of the student's performance in basic skills
against an empirically established range of performance in
basic skills based upon the performance of English
proficient pupils of the same age that demonstrates whether
the pupil is sufficiently proficient in English to
participate effectively in a curriculum designed for pupils
of the same age whose native language is English.
(Education Code § 313)
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 RFEP and provides that the
pupil shall count only once for funding purposes.
2. Requires, to the extent that funding is specifically
provided for this purpose in the annual budget act, that a
county office of education, a school district, or a charter
school receive 50 percent and 25 percent of the
supplemental grant and the concentration grant add on
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calculated for a pupil who is redesignated as RFEP for the
first and second fiscal years, respectively, after the
redesignation.
3. Expands LCAP state priority reporting requirements
regarding ELs to include identification of any specialized
programs or services provided to RFEPs in order for them to
maintain proficiency in English and access the common core
academic content standards and a broad course of study that
includes specified subject areas.
4. Makes other technical and clarifying corrections.
Comments
1)Need for the bill. According to the author, while the Local
Control Funding Formula provides supplemental and
concentration funding to meet the needs of English Learner
(EL) students, this additional funding could serve as a
disincentive to redesignate students as fluent in English.
Once an EL student is reclassified, an LEA will not receive
supplemental or concentration grant funding unless the pupil
is also low-income. The author is concerned that this creates
an unintended incentive for districts to maintain students as
ELs, rather than reclassify them as fluent English proficient
(RFEP).
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee analysis:
Cost pressure in the high tens of millions in Proposition 98
General Fund annually. This estimate would change depending
on the number of students that are redesignated as fluent
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English proficient and whether they attend school in districts
that qualify for concentration grant funding.
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.
SUPPORT: (Verified 6/1/15)
Association of California School Administrators
Education Trust-West
Los Angeles Unified School District
OPPOSITION: (Verified6/1/15)
None received
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
6/2/15 12:40:13
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