BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 527               
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          |Author:    |Liu                                                  |
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          |Version:   |April 20, 2015                             Hearing   |
          |           |Date:    April 29, 2015                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  Education finance:  Safe Neighborhoods and Schools  
          Fund Grant Program

            SUMMARY
          
          This bill establishes various requirements for the grant program  
          authorized by the Safe Neighborhoods and School Act (approved by  
          voters as Proposition 47 in November 2014) for truancy and  
          dropout prevention.  This program is to be administered by the  
          California Department of Education (CDE). 

            BACKGROUND
          
          The Safe Neighborhoods and Schools Act was approved by voters as  
          Proposition 47 in November 2014 and makes significant changes to  
          the state's criminal justice system.  It reduces the penalties  
          for certain non-violent, non-serious drug and property crimes,  
          and requires that the resulting state savings be spent on 1)  
          mental health and substance use services; 2) truancy and dropout  
          prevention; and 3) victim services.  Further, Proposition 47  
          requires that 25 percent of the Safe Neighborhoods School Fund  
          be allocated to the CDE to administer a grant program to reduce  
          truancy, high school dropout, and student victimization rates.  

            ANALYSIS
          
          This bill:

          1.   Adds various legislative findings and declarations,  
               including:







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                    A.             The Safe Neighborhoods and Schools Fund  
                    has been established by Proposition 47, approved by  
                    the voters at the November 4, 2014, statewide general  
                    election.  The funds transferred to the Safe  
                    Neighborhoods and Schools Fund are to be used  
                    exclusively for the purposes of the Safe Neighborhoods  
                    and Schools Act.

                    B.             Twenty-five percent of the funds are  
                    disbursed to the CDE to administer a grand program to  
                    public agencies aimed at improving outcomes for public  
                    school pupils in kindergarten and grades 1 to 12,  
                    inclusive, by reducing truancy and supporting pupils  
                    who are at risk of dropping out of school or are  
                    victims of crime.  

                    C.             Studies estimate that between 3.3  
                    million and 10 million children in the United States  
                    witness violence in their own homes each year.  

                    D.             Children who have experienced early,  
                    chronic trauma, such as family or community violence,  
                    can develop emotional, behavioral, cognitive, and  
                    relationship difficulties that can adversely affect  
                    their ability to learn and function well in school.

                    E.             Exposure to trauma is associated with a  
                    higher risk for dropping out of school, and in turn,  
                    dropping out of school increases the risk of being  
                    imprisoned.

          2.   Establishes in statute the Safe Neighborhoods and Schools  
               Fund Grant Program under the administration of the  
               California Department of Education (CDE) and the Safe  
               Neighborhoods and School Fund (SNSF), pursuant to the Safe  
               Neighborhoods and Schools Act, approved as Proposition 47  
               by voters on November 4, 2014.

          3.   Requires the CDE to comply with the following requirements  
               in order to improve outcomes for public school pupils by  
               reducing truancy and supporting pupils who are at risk of  
               dropping out of school or are victims of crime:









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                    A.             All local educational agencies (LEAs)  
                    in the state shall be eligible to apply and specifies  
                    that an LEA is a school district, county office of  
                    education, or charter school.

                    B.             The program shall reward LEAs that have  
                    developed a comprehensive plan and implementation  
                    strategy utilizing research based approaches to  
                    increase attendance rates, reduce chronic absenteeism,  
                    remedy school push-out and dropout rates, and reduce  
                    school removals of all types and referrals to law  
                    enforcement agencies.  Requires the plan to create a  
                    strong and supportive school culture that identifies  
                    and addresses the needs of pupils, as specified, and  
                    coordinate pupil support programs with community-based  
                    providers or public agencies, or both, at school sites  
                    and across the LEA.

                    C.             An LEA receiving a grant shall show at  
                    a minimum that it has designed, and is committed to  
                    implementing, all of the following:

                              (1)                      A three-year plan,  
                         developed through its local control and  
                         accountability plan or otherwise, to accomplish  
                         all of the following:

                            (a)         Significantly reduce class and  
                              school removals, absences, violent incidents  
                              on campus, and referrals to law enforcement  
                              agencies. 

                            (b)         Implement one or more  
                              research-based, whole school approaches, as  
                              specified, to reengage and reconnect pupils  
                              who have been pushed out.  

                            (c)         Identify and address disparities  
                              in areas, as specified, and with respect to  
                              subgroups addressed by the Local Control 

                              Funding Formula, including English learners,  
                              foster youth, low-income pupils, pupils with  
                              disabilities, and ethnic subgroups.  








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                              (2)                      A robust data  
                         system to collect and disaggregate data, as  
                         specified, and that includes a survey that  
                         measures the pupils' sense of safety and pupil  
                         connectedness to monitor progress in these areas.

                              (3)                      A system for  
                         sharing this de-identified data on the aggregate  
                         level and progress with respect to meeting the  
                         grant goals with the school community on at least  
                         an annual basis and engaging and partnering with  
                         all key stakeholders, as specified.  

                              (4)                      An evaluation  
                         system that involves key stakeholders, as  
                         specified, to assess effectiveness related to  
                         addressing the social, emotional, and behavioral  
                         needs of pupils and developing strong,  
                         supportive, and positive school climates.

          4.   Requires the California Department of Education (CDE) to  
               issue a request for proposal no later than October to all  
               local educational agencies (LEAs) in the state for each  
               fiscal year that there are funds available from the Safe  
               Neighborhoods and Schools Fund.  Provides that LEAs serving  
               high percentages of unduplicated pupils with high needs, as  
               specified, shall be prioritized to receive these funds.   
               Requires that grants be awarded no later than April 15 of  
               each fiscal year.

          5.   Requires that the funds provided to LEAs be utilized only  
               to further implementation of the three-year plan and the  
               other minimum commitments, as specified, through each of  
               the following:

                    A.             Professional development, training, and  
                    coaching for teachers, school administrators, pupils,  
                    parents, counselors, administrative staff, and members  
                    of school district governing boards.

                    B.             Investments in social services, health,  
                    mental health, restorative justice, and youth  
                    development staff, agencies, and providers.








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                    C.             Entering into agreements with  
                    institutions and community-based nonprofit  
                    organizations that have a track record of improving  
                    pupil outcomes and providing cultural competency and  
                    anti-bias training, supporting parent leadership and  
                    engagement, and providing nonpunitive pupil and family  
                    support programs.

          6.   Prohibits  the funds from being used for either of the  
               following purposes:

                    A.             To supplant existing funding to meet  
                    the requirements of the school climate, engagement, or  
                    other state priority areas in the local control and  
                    accountability plans.

               B.        For law enforcement agencies or entities, public  
               or private.
          7.   Requires an LEA that has received funding to submit annual  
               outcomes-based data for evaluation, as specified, to show  
               progress in reducing the rate of class and school removals,  
               referrals to law enforcement agencies, and dropout and  
               truancy rates of targeted pupils.  Requires the CDE to  
               consider the data submitted when making determinations for  
               eligibility for future funding.

          8.   Requires the California Department of Education (CDE) to  
               consult with a stakeholder group, as specified, in making  
               determinations regarding the awarding of grants, in  
               assessing whether grant recipients are meeting the minimum  
               requirements, as specified, and starting in year two of the  
               grant cycle, in assisting with developing or amending the  
               requests for proposals.

          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author's office,  
               "positive school climate is directly related to academic  
               achievement.  New Local Control Funding Formula state  
               priorities include a focus on improving school climate  
               measure in part by suspension and expulsion rates.  Studies  
               have shown that one suspension greatly increases the  
               likelihood that a student will drop out and become involved  








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               in the juvenile justice system.  Removing students from  
               school through the disciplinary exclusion also increase the  
               risk that they will become victims of violent crime.   
               Exposure to trauma is associated with a higher risk for  
               school dropout and in turn, dropping out of school  
               increases the risk of being imprisoned.  Students of color,  
               foster youth, and students with disabilities are  
               disproportionately impacted by school removals.  In  
               addition, behavioral problems among school-age youth are  
               associated with high rates of depression, experiencing a  
               traumatic or violent event, and other significant home-life  
               stress.  65 percent of students with an "emotional  
               disturbance" drop out of school.  This dropout rate is the  
               highest of all other disability categories.

               School-age youth who are depressed, have experienced a  
               traumatic or violent event, and other significant home-life  
               stresses are more likely to be suspended or expelled.  The  
               American Academy of Pediatrics has found that suspension  
               can increase stress and may predispose students to  
               antisocial behavior and even suicidal ideation.   
               Psychologists have similarly found that disciplinary  
               exclusion policies can increase "student share, alienation,  
               rejection, and breaking of healthy adult bonds," thereby  
               exacerbating negative outcomes for young people."

               This bill is intended to provide specificity in statute  
               regarding the awarding of the Safe Neighborhoods and  
               Schools grant funds.  Specifically, it would target the  
               funding of grants towards local educational agencies (LEAs)  
               who have developed three plans in their local control  
               accountability plans (LCAPs) to develop research-based,  
               school wide approaches to addressing social, emotional, and  
               behavioral issues.

          2.   Report on Proposition 47.  The Legislative Analyst's Office  
               (LAO) released a report on the Implementation of  
               Proposition 47 in February 2015.  In the report, the LAO  
               indicates that while the state savings that will result  
               from Proposition 47 is subject to significant uncertainty,  
               annual savings will likely range from $100 million to $200  
               million beginning in 2016-17.  The LAO also notes that  
               although Proposition 47 states that these savings shall be  
               deposited into a new state fund, the new Safe Neighborhood  








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               and Schools Fund (SNSF), and be allocated for grant  
               programs administered by specific departments, the  
               Legislature has the opportunity to provide direction on how  
               the funds are spent.  Specifically, the Legislature could  
               weigh in on 1) how the individual departments should  
               distribute the funds and 2) how much state oversight to  
               provide to ensure that the funds are being spent  
               effectively.  

          Proposition 47 requires that 25 percent of the SNSF be allocated  
          to the California Department of Education (CDE) to administer a  
          grant program to reduce truancy, high school dropout, and  
          student victimization rates.  The Legislative Analyst OfficeLAO  
          estimates that the amount available for this grant program will  
          likely total between $25 million and $50 million annually  
          beginning in 2016-17.  The LAO recommended in its report that  
          the Legislature allocate the grants for truancy, high school  
          dropout prevention, and student victimization rates to school  
          districts that have notably high concentrations of English  
          learners, low-income, or foster youth, as these students are at  
          higher risk for these concerning outcomes. 

          3.   Truancy in schools.  California's compulsory education law  
               requires all students between the ages of six and 18 to  
               attend school full-time.  Parents and legal guardians are  
               responsible for ensuring that children attend school.  A  
               student who is absent from school without a valid excuse  
               for more than 30 minutes on three days in a school year is  
               considered a truant.  The law requires that parents or  
               legal guardians are notified when their children has been  
               classified as a truant and reminded of their obligation to  
               compel the attendance of pupils at school.  Upon a pupil's  
               third truancy in a school year and following a district's  
               effort to hold a conference with the parent or legal  
               guardian and the pupil, a pupil is classified as a habitual  
               truant and may be referred to a school attendance review  
               board (SARB) or to the local probation officer.  Upon a  
               fourth truancy, students and/or their parents or legal  
               guardians may be fined.  In 2012-13, the California  
               Department of Education (CDE) reported a truancy rate of  
               29.28% with 1.9 million students considered truants.  

               According to the CDE, students who are chronically absent  
               in lower grades are much less likely to be proficient  








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               readers and have higher levels of suspensions.  Chronic  
               absence in the sixth grade is the most predictive indicator  
               that a student will not graduate from high school.  


               In 2013, the Attorney General's (AG's) office released a  
               report, "In School and On Track" on the truancy of  
               elementary school kids.  The AG argues that truancy at the  
               elementary level has negative impacts on the students, who  
               are more likely to drop out of high school, public safety  
               when students become more likely to become involved with  
               gangs, substance abuse, and incarceration.  There are also  
               negative impacts on school districts who attendance funding  
               and on the economy, due to lost economic productivity and  
               revenues.


            SUPPORT
          
          Advancement Project
          Alliance for Boys and Men of Color
          American Civil Liberties Union of California
          Black Parallel School Board
          Brotherhood Crusade
          California Alliance of African American Educators
          California Federation of Teachers
          Californians for Justice
          Californians United for a Responsible Budget
          Centro CHA, Inc.
          Children Now
          Children's Defense Fund
          Coleman Advocates for Children and Youth
          Community Asset Development Redefining Education
          Dizzy Feet Foundation
          Dolores Huerta Foundation
          Equal Justice Society
          GSA Network of California
          Labor/Community Strategy Center
          Legal Services for Children
          Los Angeles Alliance for a New Economy
          Los Angeles Community Action Network
          Los Angeles Neighborhood Land Trust
          National Center for Youth Law
          Our Family Coalition








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          PICO California
          Public Counsel
          Social Justice Learning Institute
          T.R.U.S.T. South LA
          Violence Prevention Coalition of Greater Los Angeles
          Visual and Performing Arts Education
          Youth Justice Coalition
          Youth Leadership Institute

            OPPOSITION
           
           None received.

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