BILL NUMBER: SB 1387 CHAPTERED 09/30/00 CHAPTER 942 FILED WITH SECRETARY OF STATE 3SEPTEMBER 30, 200 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 28, 2000 AMENDED IN ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY AUGUST 7, 2000 AMENDED IN ASSEMBLY JUNE 20, 2000 AMENDED IN SENATE MAY 30, 2000 AMENDED IN SENATE MAY 11, 2000 INTRODUCED BY Senator Hughes JANUARY 24, 2000 An act to amend Sections 41601.1 and 48200.7 of the Education Code, relating to education, and making an appropriation therefor. (Approved by Governor September 29, 2000. Filed with Secretary of State September 30, 2000.) I am signing Senate Bill No. 1387, however, I am deleting the $3 million appropriation to the Compton Community College District for the completion of a technology building. This bill would prolong the extended school year program in the Compton Unified School District by one year and require the State Department of Education, in conjunction with the Legislative Analyst' s Office, to provide for an evaluation of the program. This bill would also provide $3 million to the Compton Community College District for the completion of a technology building. Extending the Compton Unified School District's longer school year program would allow what appears to be a successful program to continue. This additional year will provide the ability to document the program's success. The $3 million appropriation for the Compton Community College District appears to lack support. I understand a similar request was reviewed by the California Community College Chancellor's Office, which determined that the costs were unsupportable for a state-funded project. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST SB 1387, Hughes. Compton Unified School District and Compton Community College District. (1) Existing law, until January 1, 2001, authorizes the Compton Unified School District to identify low-performing schools in the district and make pupils in kindergarten and grades 1 to 12, inclusive, in those schools eligible for extended school year instruction. This bill would extend the date of repeal of this existing law to January 1, 2002. The bill would remove a requirement that the Legislative Analyst evaluate or contract to evaluate the effectiveness of the extended year program and require the State Department of Education, in conjunction with the Legislative Analyst, to contract for the independent evaluation, as specified. The bill would provide that the Compton Unified School District would be responsible for all costs related to the independent evaluation, thereby imposing a state-mandated local program. (2) The bill would appropriate $3,000,000 from the General Fund to the Compton Community College District to complete a technology building. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 41601.1 of the Education Code is amended to read: 41601.1. (a) The attendance of pupils subject to Section 48200.7 in extended year classes provided by a school district exclusively for those pupils shall be excluded from the determination of average daily attendance pursuant to Section 41601. (b) The average daily extended year attendance of pupils subject to Section 48200.7 in classes provided by a school district exclusively for those pupils, and consistent with subdivision (a) of Section 46300, shall be determined by dividing the total number of days of extended year attendance by a divisor of 180. (c) Units of average daily extended year attendance determined pursuant to this section, not to exceed 675 units, shall be deemed to be units of regular average daily attendance for the purposes of all calculations of funding based on average daily attendance, except that for the purposes of subdivision (d) of Section 41204, these units of average daily extended year attendance shall not be used for the purpose of calculating "changes in enrollment" pursuant to paragraph (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution. (d) As a condition to the receipt of funding based on pupil hours of extended year attendance determined pursuant to the provisions of this section, a school district shall provide to all pupils subject to Section 48200.7, while those pupils are attending extended year classes provided exclusively for them, at least an average of: (1) Two hundred minutes per day in kindergarten. (2) Two hundred eighty minutes per day in grades 1 to 3, inclusive. (3) Three hundred minutes per day in grades 4 to 8, inclusive. (4) Three hundred sixty minutes per day in grades 9 to 12, inclusive. (e) A school district providing extended year classes pursuant to this section shall waive the right to conduct staff development days in lieu of instructional days that exceed the number of staff development days for which attendance was claimed during the 1997-98 school year, and shall waive any right to receive average daily attendance credit for any staff development days that exceed the number of staff development days for which attendance was claimed during the 1997-98 school year, including, but not limited to, staff development days authorized pursuant to Sections 44670.6, 52022, 52854, and 56242. (f) This section shall remain in effect only until January 1, 2002, and as of that date is repealed unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 2. Section 48200.7 of the Education Code is amended to read: 48200.7. (a) The State Department of Education shall identify the three lowest performing elementary schools in the Compton Unified School District for purposes of extending the school year for pupils enrolled in kindergarten or grades 1 and 2 and for those pupils in any of grades 3 to 5, inclusive, who are performing in mathematics or English language arts two or more grade levels below the grade in which those pupils are enrolled as determined under subdivision (d). (b) Beginning with the 1998-99 school year, the Compton Unified School District may identify schools of the district, in addition to those identified pursuant to subdivision (a), that are among the lowest performing schools in the district, and may provide any pupil enrolled in kindergarten and grades 1 to 12, inclusive, in a school identified pursuant to this subdivision who is performing in mathematics or English language arts at two or more grade levels below the grade in which that pupil is enrolled as determined pursuant to subdivision (d), with extended school year instruction pursuant to Section 41601.1. (c) Notwithstanding subdivision (b) of this section and Section 41601.1, the amount of funding claimed by the district for extended year instruction shall not in any year exceed twice the amount claimed pursuant to this section in the 1997-98 fiscal year as adjusted each year by the inflation adjustment determined pursuant to Section 42238.1. (d) The determination that a pupil is performing two or more grade levels below the grade in which that pupil is enrolled shall be based on any combination of the following: (1) The California Achievement Test-Form E. (2) The Spanish assessment of basic education. (3) Proficiency tests required for graduation. (4) District criterion reference tests based on state curriculum guides. (5) The STAR test. (e) The Compton Unified School District shall test all pupils in kindergarten and grades 1 to 12, inclusive, in its lowest performing schools identified pursuant to subdivisions (a) and (b) prior to those pupils beginning an extended school year program under this section. At the end of the school year the school district shall again test the pupils in kindergarten and grades 1 to 12, inclusive, to determine the grade level at which those pupils are performing. (f) The State Department of Education shall approve each of the following areas in each elementary school identified as low performing pursuant to subdivision (a): (1) Curricula. (2) Testing instruments. (3) Schoolday length. (4) Teacher selection, teacher mentoring, and staff development processes. (g) The State Department of Education shall review teacher compensation, including salary and benefits, in each elementary school identified as low performing pursuant to subdivision (a). (h) The State Department of Education shall collect data as to each of the following items for each school in subdivisions (a) and (b): (1) Instructional materials used by, and made available to, the school. (2) Teacher capacity. (3) Any other baseline data deemed necessary by the department. (i) Instruction provided to pupils subject to this section during schooldays in excess of schooldays offered to other pupils shall be devoted to instruction in basic skills in mathematics and English language arts. (j) In conjunction with the Legislative Analyst, the State Department of Education shall contract for an independent evaluation to determine the effectiveness of the extended school year curriculum, instructional program, and materials provided pursuant to this section and funded pursuant to Section 41601.1 in improving pupil academic outcomes. Testing and data collection conducted pursuant to this section shall be administered under the oversight of the independent evaluator, who shall be provided with copies of all test results. Results of the evaluation shall be reported on or before January 1, 2002, to the Superintendent of Public Instruction, the Legislative Analyst, the Director of Finance, and the appropriate policy and fiscal committees of the Legislature. The Compton Unified School District shall be responsible for all costs incurred pursuant to this subdivision. (k) A percentage of funding appropriated for purposes of this section, in an amount to be determined by the Superintendent of Public Instruction, shall be used for purposes of testing and data collecting pursuant to this section. SEC. 3. The sum of three million dollars ($3,000,000) is hereby appropriated from the General Fund to the Compton Community College District to complete a technology building. SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date.