BILL ANALYSIS Ó
SB 527
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Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
527 (Liu) - As Amended June 6, 2016
SENATE VOTE: 24-10
SUBJECT: Education finance: Safe Neighborhoods and Schools
Planning: Learning Communities for School Success Program
SUMMARY: Establishes the Learning Communities for School
Success Program for the purpose of implementing the K-12
education portion of the Safe Neighborhoods and Schools Act,
approved as Proposition 47 by the voters at the November 4,
2014, statewide general election. Specifically, this bill:
1)Requires the California Department of Education (CDE) to
administer a grant program and support local educational
agencies (LEAs) in identifying and implementing
evidence-based, nonpunitive programs and practices that are
aligned with the goals for pupils contained in each LEA's
local control and accountability plan (LCAP).
2)Requires LEAs to submit an application to the CDE to receive a
grant, in a format and by a date determined by the CDE.
Requires the application to include, at a minimum, all of the
following:
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a) Information about the pupil and school needs within the
LEA.
b) The activities the LEA will undertake with the grant
funding.
c) How the activities support the LEA's goals for pupils
contained in its LCAP.
d) How the LEA will measure outcomes associated with the
proposed activities and metrics reported in the LEA's LCAP.
3)Specifies that the grant shall be for three years and
authorizes the CDE to establish requirements for grantees to
meet at the end of the first and second years of funding in
order to receive funding for the remaining grant period.
4)Requires the CDE to determine eligibility for grants and the
distribution of grant funding based on all of the following
factors:
a) Pupil and school needs the LEA will address with the
grant funds.
b) Number of pupils to be served with the grant funds.
c) Number, size, and type of participating schools within
the LEA.
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d) Any challenges the LEA experiences in building capacity
for fulfilling the purposes of this bill.
e) The unique characteristics of small school districts,
given their challenges with economies of scale and access
to services in rural locations.
5)Requires the CDE to conducted targeted outreach to LEAs that
are likely to be given priority as specified by this bill and
offer the LEAs technical assistance as they develop their
grant applications. Authorizes the CDE to provide technical
assistance with application development, which may include
assistance from external entities the CDE may contract with to
provide training and technical assistance.
6) Requires the CDE to issue application guidelines that
include, at a minimum, information on the outcome metrics the
CDE will use to evaluate the program. When determining outcome
metrics, requires the CDE to consider metrics currently being
collected and used by existing federal, state, or local
programs. Consistent with the objective of the Safe
Neighborhoods and Schools Act to reduce crime, including
truancy and dropout prevention, requires the CDE to consider
using metrics for pupil truancy and school dropout, among
others.
7)Requires the CDE to consult with stakeholders, including, but
not limited to, representatives of LEAs, teachers and other
school personnel, parents, advocacy organizations with
experience working with target vulnerable populations, and
parent- and youth-serving community-based organizations.
Expresses the intent of the Legislature that stakeholders
provide input to the CDE on the design of the application and
review process, including the size of the grant awards, but
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not in determining who will be awarded grants.
8)Requires a LEA that receives a grant to use the grant funds
for planning, implementation, and evaluation of activities in
support of evidence-based, nonpunitive programs and practices
to keep the state's most vulnerable pupils in school,
consistent with the LEA's goals for the pupil engagement and
school climate state priorities identified in its LCAP.
Specifies that these activities may include, but are not
limited to, all of the following:
a) Establishing a community school.
b) Implementing activities or programs to improve
attendance and reduce chronic absenteeism, including, but
not limited to, early warning systems or early intervention
programs.
c) Implementing restorative practices, restorative justice
models, or other programs to improve retention rates,
reduce suspensions and other school removals, and reduce
the referral of pupils to law enforcement agencies.
d) Implementing activities that advance social-emotional
learning, positive behavior interventions and supports,
culturally responsive practices, and trauma-informed
strategies.
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e) Establishing partnerships with community-based
organizations or other relevant entities to support the
implementation of evidence-based, nonpunitive approaches to
further the goals of the program.
9)Authorizes the CDE to give priority to a LEA that meets any of
the following criteria:
a) Has a high rate of chronic absenteeism, out-of-school
suspension, or school dropout for the general pupil
population or for a numerically significant pupil subgroup,
as identified in the LCAP. Defines "high rate" as a rate
that exceeds the state average.
b) Is located in a community with a high crime rate.
c) Has a significant representation of foster youth among
its pupil enrollment.
10)Requires a LEA that receives a grant to comply with the
following:
a) Provide a local contribution of matching expenditures
equal to at least 20% of the total grant award. This local
contribution can be from cash expenditures or in-kind
contributions. A LEA is encouraged to exceed the 20% match
requirement to enable the LEA to sustain the activities or
programs established under this article beyond the
three-year grant period.
b) Use the grant funds to supplement and not supplant the
existing resources the LEA currently allocates for purposes
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specified in this bill.
c) Not use grant funds to pay for law enforcement
activities, including personnel or equipment.
11)Authorizes 5% of the funds to be used for the administrative
costs of implementing this bill, including, but not limited
to, administering grant awards, coordinating the training and
technical assistance structure, and completing an evaluation.
12)Requires the CDE to establish a structure to deliver training
and technical assistance to grantees using regional workshops
and technical assistance providers that have expertise on
pupil engagement, school climate, truancy reduction, and
supporting pupils who are at risk of dropping out of school or
who are victims of crime. Authorizes the CDE to contract with
those providers to assist the grantees as well as to serve as
a resource for other LEAs that may use their own funding
sources to engage in this community of practice.
13)Requires a LEA that receives grant funding pursuant to this
bill to evaluate and report to the governing board of the
school district, the county board of education, or its
chartering authority, and the CDE the results of the
activities it undertakes pursuant to this bill. Requires the
CDE to compile information from grantee reports as part of an
overall evaluation of the grant program implementation, assess
the benefits of participation in the program, and identify the
pupil and school outcomes associated with the strategies and
programs implemented by grantees. Requires the CDE to submit
an interim report of preliminary evaluation findings to the
Legislature on or before January 31, 2019, and a final
evaluation report to the Legislature on or before January 31,
2020, submitted in compliance with Government Code Section
9795.
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14)Establishes the following definitions:
a) "Community school" means a public school that
participates in a community-based effort to coordinate and
integrate educational, developmental, family, health, and
other comprehensive services through community-based
organizations and public and private partnerships with one
or more community partners for the delivery of community
services that may be provided at a school site to pupils,
families, and community members.
b) "Local educational agency" means a school district,
county office of education (COE), or charter school.
15)Specifies that the provisions of this bill shall not become
operative unless funds are appropriated in the annual Budget
Act or another statute to the Safe Neighborhoods and Schools
Fund in accordance with the Safe Neighborhoods and Schools Act
for the purposes specified in this bill.
EXISTING LAW:
1)Establishes the Safe Neighborhoods and Schools Act, which
reduces the penalties for specified drug and property crimes.
Savings resulting from reduced inmate population are required
to be used for mental health and substance use services,
truancy and dropout prevention, and victim services.
2)Requires school districts and COEs to adopt and annually
update LCAPs, which must include a description of annual goals
to meet eight state priorities for all pupils and for all
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numerically significant subgroups, including ethnic subgroups,
socioeconomically disadvantaged pupils, English learners,
pupils with disabilities, and foster youth.
FISCAL EFFECT: Unknown
COMMENTS: In November 2014, voters approved Proposition 47,
establishing the Safe Neighborhoods and Schools Act. The
Proposition reduced penalties for specified non-violent drug and
property crimes, resulting in a reduced prison population and
thereby reduced state costs. The Proposition requires the
Department of Finance to, on or before July 31st of each fiscal
year, beginning with July 31, 2016, to calculate the savings
derived by the Proposition during the preceding fiscal year.
The savings are required to be allocated for the following
purposes:
1)Twenty-five percent to the CDE to administer a grant program
to public agencies aimed at improving outcomes for public
school pupils in kindergarten through grade 12 by reducing
truancy and supporting students who are at risk of dropping
out of school or are victims of crime.
2)Ten percent to the California Victim Compensation and
Government Claims Board, to make grants to trauma recovery
centers to provide services to victims of crime pursuant to
Section 13963.1 of the Government Code.
3)Sixty-five percent to the Board of State and Community
Corrections, to administer a grant program to public agencies
aimed at supporting mental health treatment, substance abuse
treatment, and diversion programs for people in the criminal
justice system, with an emphasis on programs that reduce
recidivism of people convicted of less serious crimes, such as
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those covered by the Proposition, and those who have substance
abuse and mental health problems.
Purpose of the bill. This bill establishes a grant program to
implement the requirement to direct 25% of the funds to K-12
schools to reduce truancy and support students who are at risk
of dropping out of school or are victims of crime. School
districts, COEs and charter schools are eligible to apply for
three years of grant funding for planning, implementation, and
evaluation of activities in support of evidence-based,
nonpunitive programs and practices to keep students in school,
consistent with the LEA's goals for meeting pupil engagement and
school climate state priorities under the LCAP.
Each LEA is required to develop a LCAP to establish how local
control funding formula funds will be used. LEAs are required
to describe their goals for meeting eight state priorities,
including "pupil engagement," as measured by factors such as
school attendance rate and chronic absenteeism rate, and "school
climate," as measured by suspension and expulsion rates.
Implementation of the program. The bill requires the CDE to
establish parameters of the program, in consultation with
stakeholders, but specifies that priority for funding shall go
to LEAs with a high rate of chronic absenteeism, out-of-school
suspension, or pupil dropouts; LEAs located in communities with
high crime rates; or LEAs with significant representation of
foster youth.
The bill requires the CDE to distribute funds based on: 1) pupil
and school needs to be addressed; 2) the number of pupils to be
served; 3) the number, size, and type of participating schools
within the LEA; 4) whether the LEA experiences any challenges in
building capacity for fulfilling the purposes of this bill; and
5) the unique characteristics of small school districts and
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their challenges.
Use of funds. The bill authorizes funds to be used to establish
a community school, implement activities or programs to improve
attendance and reduce chronic absenteeism, implement restorative
practices, restorative justice models to keep students in school
and reduce referrals of pupils to law enforcement agencies,
implement activities that promote social-emotional and positive
learning environments, and establishing partnerships with
community-based organizations to support implementation of
evidence-based, nonpunitive approaches. The bill specifically
prohibits funds to be used to pay for law enforcement personnel
or equipment.
Over the last several years, legislative- and school-based
policies have shifted from tough disciplinary approaches to
strategies that focus on how to support students in order to
compel students to attend school and keep students at school.
These strategies include alternative disciplinary programs, such
as restorative justice practices, and strategies to improve
school climate, such as Schoolwide Positive Behavior
Intervention and Support programs and multitiered system of
support.
Technical assistance. The bill requires the CDE to identify and
outreach to LEAs that meet the priorities for funding to provide
assistance in developing their applications. The bill also
requires the CDE to establish a structure to provide training
and technical assistance to grantees, such as providing regional
workshops, on strategies to improve pupil engagement, reduce
truancy, improve school climate, and support pupils who are at
risk of dropping out or who are victims of crime.
Evaluation and report. The bill requires LEAs that receive
grant funding to evaluate and report to their respective
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governing bodies and the CDE the results of the activities
undertaken. The bill also requires the CDE to compile
information from the grantee reports to assess the benefits of
participation in the program and identify pupil and school
outcomes associated with the activities undertaken by the
grantees. The CDE is required to submit an interim report to
the Legislature on or before January 31, 2019 and a final
evaluation report on or before January 31, 2020. The required
dates for the reports do not provide much time for
implementation. The author may wish to consider extending the
reporting dates in order to get a more meaningful evaluation.
The author may also wish to consider inserting timelines by
which grantees are to report to their respective governing
bodies and the CDE.
Local match. The bill requires a 20% local match, either
through cash expenditures or in-kind contributions.
How much? The Governor's January budget projected $29.3 million
in savings to be used for the three purposes specified by the
Proposition. The Legislative Analyst's Office, however,
believes that the Administration underestimated the savings by
$100 million. Under the budget just approved by the Budget
Conference Committee, the education component of the Proposition
receives $9.9 million of estimated Proposition 47 savings, with
an additional $18 million in one-time Proposition 98 funds
provided for this purpose, bringing the total to $27.9 million.
If the intent of the bill is to allow a LEA to receive annual
grants for three years, the one-time nature of the additional
$18 million may pose a problem if the funds are all allocated in
one year, unless savings from Proposition 47 funds are high
enough to cover the $18 million over the next two fiscal years.
Related legislation. AB 1014 (Thurmond), pending in the Senate
Inactive File, establishes the Our Children's Success - The
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Early Intervention Attendance Pilot Grant Program to reduce
absenteeism in kindergarten through third grade.
SB 463 (Hancock), pending in this Committee, establishes the
Safe and Supportive Schools Train the Trainer Program to provide
funds to a designated COE to be responsible for the development
or identification of professional development activities that
are intended to lead to the establishment of statewide
professional development support structures and a network of
trainers to develop and expand Schoolwide Positive Behavior
Interventions and Supports programs, restorative justice, social
and emotional learning, trauma-informed practice, and cultural
competency professional development.
Public Counsel, writing in support of the bill, states, "We
believe that SB 527 creates an effective implementation
framework that will ensure that these critical resources are
used for evidence-based non-punitive programs and practices to
keep the state's most vulnerable students in school. The
framework also ensures that the effectiveness of the programs
supported by the funds is carefully monitored, and the learning
achieved through the development and implementation of these
important programs is shared across local education agencies and
communities to maximize the impact of the funds."
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance for Boys and Men of Color
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American Civil Liberties Union of California
California Federation of Teachers
Children Now
Coleman advocates for Children & Youth
InnerCity Struggle
Labor/Community Strategy Center
Movement Strategy Center
National Association of Social Workers
Our Family Coalition
Public Counsel
Opposition
None on file
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Analysis Prepared by:Sophia Kwong Kim / ED. / (916)
319-2087