BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2007-2008 Regular Session
BILL NO: SB 405
AUTHOR: Steinberg
AMENDED: April 10, 2007
FISCAL COMM: Yes HEARING DATE: April 25, 2007
URGENCY: No CONSULTANT: Nancy Anton
SUBJECT : Curriculum Opportunities: Grades 7 - 12
SUMMARY
This bill (1) establishes the Fair Competition for College
and Career Program, a five-year pilot program administered
by the Superintendent of Public Instruction (SPI) to
provide grants to eligible voluntary high schools to
improve academic and career technical education (CTE)
offerings; (2) expands the requirements of the existing
Middle and High School Supplemental Counseling program, as
specified; (3) expands the duties of the County
Superintendent of Schools, as specified; and (4) makes a
variety of other changes generally focused on improving
high school college preparatory and CTE offerings.
BACKGROUND
Under current law, eligibility for admission to the
University of California (UC) and the California State
University (CSU), in part, requires that students complete
a certain 15-minimum course taking pattern in several
different areas: history and social sciences; English;
math; laboratory science; language other than English;
visual and performing art; and college preparatory
elective. These minimum course requirements are commonly
referred to as the 'a-g' requirements.
Effective July 1, 2006 (AB 1802, Chapter 79, Statutes of
2006), current law established the Middle and High School
Supplemental Counseling program. Under this program,
school districts may apply for supplemental state funding
on the condition that they provide a variety of specified
counseling services and meet other specified requirements.
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Current law also establishes for the SPI, with approval of
the State Board of Education, to develop an Academic
Performance Index (API) to measure the performance of
schools, especially the academic performance of pupils.
ANALYSIS
Fair Competition for College and Career Program
The bill establishes the Fair Competition for College and
Career program, a five-year pilot program to be
administered by the SPI. This program would provide grants
of $100 per pupil to up to 100 voluntary participating high
schools to provide access to rigorous programs that combine
college preparatory academic and technical courses and
college and career counseling and work-based learning
opportunities to interested students. This program would
sunset on January 1, 2014.
Significant provisions of this program:
1) Require the SPI, by January 15, 2008, to identify and
invite to participate, as specified, high schools
meeting specified criteria including:
a) An API score of 1 - 5.
b) Fewer than 15 percent of its students
complete 'a-g' requirements, as specified.
c) Fewer than 67 percent of total courses
offered meet 'a-g'
requirements.
d) Fewer than 80 percent of the college
preparatory and CTE courses
are taught by teachers with the proper
credential.
e) A majority of the students qualify for free
or reduced-price meals.
2) Require the SPI to select up to 100 participating
highs schools based on priorities specified in the
bill and allocate $100 per pupil to each participating
school. The bill states Legislative intent that no
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more than $25 million be appropriated for this purpose
in any fiscal year.
3) Require the SPI to contract for an independent
evaluation and report to the Governor and Legislature
by August 1, 2010.
4) Specify the activities for which participating
schools must use the $100 per pupil allocation to
include:
a) Providing additional instructional time.
b) Increasing access to specified courses.
c) Increasing the enrollment of graduates in
postsecondary education.
1) Authorize a variety of activities which
participating schools may use the $100 per pupil
allocation to include:
a) Recruiting teachers and counselors and
providing staff development.
b) Providing at least two additional courses
per academic year.
c) Employing additional teachers.
d) Providing parent seminars.
e) Establishing instructional support for
students.
f) Extending the school day, school week or
school year.
2) Prohibit funds provided under this program from
being used as a local match for any other state-funded
outreach, academic achievement or college preparation
program.
3) Require the Secretary for Education to seek private
partners to match state funding. The bill creates the
Fair Competition for College and Career Fund in the
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State Treasury for receipt of any such funds. The
bill also encourages participating schools to seek
partners.
4) Require participating high schools to:
a) Assign each pupil with a unique identifier
to track their progress.
b) Develop a detailed needs assessment and
action plan and hold at
least two public meetings.
c) Implement a plan, as specified, that at a
minimum will result in its
pupils having access by 2008-09 to at least two
additional college
preparatory courses and one additional CTE
course.
d) Encourage the use of distance learning,
where appropriate.
e) Publish a "best practices" paper, as
specified.
f) Require participating school districts that
fail to meet specified annual growth targets to
invite public comment and undertake a specified
range of interventions.
Middle and High School Supplemental Counseling Program
The bill expands the requirements of the existing Middle
and High School Supplemental Counseling program to include:
1) Providing an individualized review of a pupil's career
goals, including opportunities in support of these
goals. Current law only requires an individualized
review of a student's academic and deportment records.
2) Adding to the list of topics that counselors must
explain when meeting with pupils the admission and
eligibility requirements for four-year colleges and
other options, as specified.
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3) Requiring counselors to identify pupils at risk of not
being eligible for admission to UC or the CSU.
Current law requires only that counselors identify
pupils at risk of not graduating.
4) Requiring schools offering grades 10 - 12 to develop
and provide a list of coursework for each pupil at
risk of not meeting 'a-g' requirements. Current law
requires that such a list be provided only to students
who have not passed one or both parts of the high
school exit exam.
5) Requiring schools offering grade 7 to develop and
provide a list of coursework that meets 'a-g'
requirements.
6) Proscribing when during the school year statutorily
required counselor-pupil conferences shall occur for
schools operating on a multitrack year-round calendar.
7) Expanding the contents of the required counselor-pupil
conference to include 'a-g' requirements and
availability of financial aid.
8) Expanding the annual reporting requirements.
Other Provisions of the Bill
In addition, the bill :
1) Expands the responsibilities of school districts to
include notification to parents that a student is at
risk of not meeting the 'a-g' requirements. Current
law requires only that parents be notified when a
student is in danger of failing a course.
2) Expands the duties of the county superintendent of
schools (CSS) to include:
a) Enforcing that schools serving pupils in
grades 7 - 12 offer a
course of study which fulfills the 'a - g'
requirements.
b) Reviewing, beginning in 2008-09, schools
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with an API score of 3 or
lower at least annually.
c) Determining for those schools that do not
offer an 'a-g' course of
study as prescribed in subsection 'a' above
if any of the following
deficiencies exist:
i) Failure to provide sufficient
'a-g' courses.
ii) Failure to provide appropriately
credential teachers.
iii) Failure to provide sufficient
pupil instructional support.
iv) Failure at the middle school
level, as specified.
d) Taking one or more of the following actions
for schools failing to
provide a sufficient 'a-g' course of study:
i) Develop a plan for increasing
course availability.
ii) Provide management assistance and
counselor staff development.
iii) Enroll the school in the Advancement
Via Individual Determination (AVID) program.
iv) Develop specified courses for schools
with native speakers of languages other than
English.
v) Assign a personnel management
assistance team, as established under
current law, to assist the school and school
district to address shortages of
appropriately credentialed teachers.
vi) Develop and report on a plan regarding
instructional support including, but not
limited to, extended instructional time,
tutoring, and college partnerships.
vii) Preserve specified reports.
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3) Requires, to the extent funds are appropriated, the
SPI to annually report to the State Board of Education
on compliance by high schools with specified 'a-g'
course offering requirements. The bill directs the
actions the SPI is to take for schools failing to meet
these requirements including:
a) Assigning the County Office Fiscal Crisis
and Management
Assistance Team (FCMAT) to conduct a specified
review and
provide technical assistance. The bill also
requires the SPI to work
with district staff.
b) Reporting to the Legislature, as specified.
4) Requires school districts which maintain high schools
to offer courses of study which, at a minimum, prepare
students for both admission to college
and for work through career technical education
training. Current law requires separate courses of
study for college admission or career technical
training.
5) Specifies the criteria by which a school district
offering grades 7-12 shall be assessed to be in
compliance with an existing provision of current law
which requires these districts to offer a course of
study which fulfills the UC 'a-g' requirements. High
schools would be required to meet all of the following
criteria; middle schools would be required to meet (c)
and (d) below:
a) At least two-thirds of the courses offered
meet UC 'a-g'
requirements.
b) The site principal annually certifies that
each pupil who requested
to be enrolled in an 'a-g' course was so
enrolled.
c) Offers 'a-g' courses in sufficient numbers
and at times to allow all
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eligible pupils to participate.
d) Offers instructional support, as defined,
for students failing or at risk
of failing 'a-g' courses.
6) Revises the factors by which the Academic Performance
Index (API) for high school is computed to include the
percent of graduates who complete, as specified, 'a-g'
coursework and career technical coursework.
7) Repeals existing law which allows 11th or 12th grade
students to choose, with written parental consent, to
follow either a college preparatory curriculum or a
career preparatory program.
8) Contains a variety of findings, declarations and
Legislative intent language.
STAFF COMMENTS
1) Unfunded program. Although there are no funds
currently available for the provisions of this bill,
it is staff's understanding that the author is working
with the administration regarding funding support for
the bill. Further, it is staff's understanding that
the bill will be amended (scaled back) to reflect any
possible funding constraints.
2) FCMAT twice ? Under specified circumstances, the bill
requires the County Superintendent of Schools (CSS)
to assign FCMAT to provide specified assistance to
schools offering grades 7 - 12 (page 18, lines 24-35).
Elsewhere in the bill (page 43, lines 19 - 36), the
SPI is required
under somewhat similar circumstances to assign FCMAT
to provide assistance. It does not appear to makes
sense to have both the CSS and the SPI sending FCMAT
to the same school. Staff recommends that this be
addressed.
3) Adjustment to API doesn't make sense . The bill (page
24, lines 19-25) require that the API score, in part,
include the percent of graduating pupils who complete,
as specified, 'a-g' coursework and specified CTE
coursework. It is not clear to staff what the benefit
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of this information would be. A student completing a
single 'a-g' course would qualify in the percentage
reported while a college preparatory student who opted
not to take any CTE courses would lower the
percentage. This information does not appear to be
relevant. Staff recommends that this be addressed.
4) Student enrollment in 'a-g' courses . The bill (page
22, lines 11-18) in requiring site principals to
certify specified information appears to be requiring
that every pupil who is academically eligible who asks
to be enrolled in an 'a-g' course taught by an
appropriately certified teacher. This provision
appears to be implying that if an 'a-'g course is not
being taught by an appropriately certified teacher,
the school is not obligated to honor a student's
request to be enrolled in it. In addition, this
provision appears to be implying that eligible
students are entitled to be enrolled in such classes
even under potentially unreasonable circumstances
(e.g. it's the middle of the semester; the student
wishes to be enrolled in two classes meeting at the
same time, or the student wishes to be enrolled in a
class that is full rather than a different but
equivalent class). Staff recommends that this be
clarified.
SUPPORT
Applied Research Center
American Civil Liberties Union
AsianPacific American Legal Center
California Healthcare Institute
California State University
Coalition for Humane Immigrant Rights of Los Angeles
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area
Los Angeles Coalition to End Hunger and Homelessness
Mexican American Legal Defense and Educational Fund
OPPOSITION
None received.