BILL ANALYSIS                                                                                                                                                                                                    




                                                                  SB 405
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          Date of Hearing:   July 11, 2007

                           ASSEMBLY COMMITTEE ON EDUCATION
                                 Gene Mullin, Chair
                    SB 405 (Steinberg) - As Amended:  June 4, 2007

           SENATE VOTE :   27-12
           
          SUBJECT  :   Curriculum opportunities for pupils 

           SUMMARY  :   Establishes the College and Career Opportunity grant  
          program, repeals a provision authorizing a pupil to choose  
          between a CTE of study and a career technical education course  
          of study, expands the oversight duties of county superintendent  
          of schools, as specified, and makes other changes related to  
          college preparatory and CTE courses.   Specifically,  this bill  :   
            

           College and Career Opportunity (CCO) program:
           
          1)Establishes the CCO grant program to be administered by the  
            Superintendent of Public Instruction (SPI).

          2)Requires the SPI to identify high schools in deciles 1-5,  
            inclusive, of the Academic Performance Index (API) that enroll  
            400 or more pupils and meet specified criteria to be invited  
            to apply to participate in the CCO program. 

          3)Provides that a school invited to apply to participate in the  
            program shall submit a five-year program plan that reflects a  
            set of strategies and benchmarks specific to that high school  
            which will be used by the SPI to determine selection of  
            schools. 

          4)Requires the SPI to allocate $100 per pupil to schools  
            selected to participate for implementation of the five-year  
            plan of the school and states legislative intent that no more  
            than $25 million be appropriated for this purpose during a  
            fiscal year. 

          5)Provides that funds awarded shall be used to provide academic  
            assistance and services to pupils to prepare them for the  
            rigors of, increase access to, and inform pupils about college  
            preparatory and career technical education (CTE) courses.  










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          6)Requires a participating school that achieves the annual  
            improvement targets contained in its five-year plan to publish  
            an annual report on its best practices and requires a  
            governing board of the school district of a school that fails  
            to meet its annual growth targets to inform members of the  
            school community of the lack of progress and other  
            information. 

          7)Requires the SPI to contract for an independent evaluation of  
            the effectiveness of the program and report the findings to  
            the Governor and the Legislature by August 1, 2010.

          8)Provides that the program shall remain operative only until  
            January 1, 2014.  

           Other Provisions:

           9)Requires county superintendents of schools to:

             a)   Review whether schools in deciles one to three of the  
               API offer to all otherwise qualified pupils in grades seven  
               to twelve a course of study that fulfills the admission  
               requirements to California public institutions of  
               postsecondary education (A-G requirements)<1>, and to  
               report that information to the school district and its  
               superintendent. 

             b)   Assess schools that do not offer an A-G course of study  
               for possible deficiencies in the provision of sufficient  
               courses that are A-G eligible; assignment of teachers who  
               hold a credential and subject matter certification in the  
               subject in which they teach; provision of sufficient  
               instructional support; and assignment of middle school  
               pupils to pre-algebra or higher math courses. 

             c)   Offer assistance to schools, in response to the  
               assessment, to develop a plan for increased availability of  
               A-G courses; offer management assistance and counselor  
               in-service training; recommend the use of a personnel  
             --------------------------
          <1> The Board of Admissions and Relations with schools (BOARS)  
          establishes the subject areas and pattern of courses required  
          for minimum eligibility for freshman admission to the University  
          of California.  These requirements are known as the "A-G"  
          requirements.  The CSU system agreed to accept courses certified  
          by the UC to meet its subject area requirements.








                                                                 SB 405
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               management team to assist in increasing the number of  
               teachers who hold a credential; and develop and report on a  
               plan for availability or increased availability of  
               instructional support. 

          10)Provides that a school district shall be deemed to have  
            fulfilled the responsibilities of offering to all otherwise  
            qualified pupils a course of study fulfilling the A-G  
            requirements, if at each high school in the district, it  
            offers:

             a)   Instructional support to pupils in grade 7 and/or 8 at  
               risk of not completing A-G courses;

             b)   Sufficient courses that are A-G eligible and taught by  
               credentialed teachers and in numbers and at times that  
               allow pupils to take those courses; and

             c)   Instructional support for pupils who struggle to or are  
               at risk of failing to, complete A-G courses. 

          11)Requires an entity establishing and operating a career  
            preparatory program to develop a course of instruction that is  
            aligned with the CTE curriculum framework adopted by the SBE.

          12)Repeals a provision authorizing a pupil who has completed  
            grade 10 to choose between a separate college preparatory  
            course of study and a separate CTE course of study. 

          13)Requires, to the extent funds are appropriated for this  
            purpose, the SPI to annually present a report to the SBE  
            describing the status of districts' compliance with the  
            requirements of offering an A-G curriculum and career  
            preparation needs for middle or high schools ranked in deciles  
            one to three of the 2003 API and requires the SPI to prepare  
            an annual report to the Legislature defining and documenting  
            areas of noncompliance. 

          14)Requires the API to include additional indicators related to  
            the percentage of pupils who enroll in an A-G course, complete  
            that course and earn a grade of C or better; and the  
            percentage of pupils who enroll in a course satisfying the CTE  
            standards, complete that course, and earn a grade of C or  
            better.  










                                                                  SB 405
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           EXISTING LAW   
          1)Requires districts maintaining any of grades 7-12, inclusive,  
            to offer to all otherwise qualified pupils in those grade  
            levels a course of study that fulfills the requirements and  
            prerequisites for admission to California's public  
            institutions of postsecondary education.

          2)Requires districts maintaining any of grades 7-12, inclusive  
            to offer to all otherwise qualified pupils a course of study  
            that provides an opportunity for pupils to attain entry-level  
            employment skills in business or industry upon graduation from  
            high school.

          3)Provides that a pupil who has successfully completed his or  
            her education through grade 10, with the written consent of  
            his or her parent or legal guardian, may choose to follow  
            either a traditional college preparatory curriculum or a  
            career preparatory program.

          4)Requires the Superintendent to develop the API to measure the  
            performance of schools, and to include a variety of  
            indicators, including, but not limited to, achievement test  
            results, attendance rates, and graduation rates.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, $25 million annually for the CCO program.  Costs for  
          identifying qualifying schools, making grant awards, monitoring,  
          reporting, evaluating and revising the API would cost $500,000  
          initially and $200,000 for ongoing activities.  Further, the new  
          activities of the county school superintendents would constitute  
          a state reimbursable mandate. Assuming that enhanced activities  
          would cost $2,000 to $5,000 for each of the 58 counties total  
          state costs would range from $116,000 to $290,000.  

           COMMENTS  :     Purpose of the bill  :  According to the author, this  
          bill seeks to address two pressing problems: the lack of access  
          to the A-G curriculum, and the lack of CTE courses that provide  
          rigorous, relevant opportunities to students who choose a  
          different path.  The author states, "SB 405 finds a middle  
          ground in the tired debate over whether we should encourage more  
          college prep courses OR more career technical training. High  
          school students -especially those in high poverty/high minority  
          schools, need more access to and information about both."

          A 2006 report titled, Removing the Roadblocks: Fair College  









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          Opportunities for All California Students revealed that,  
          "African American, Latino, and American Indian students are  
          dramatically underrepresented at every point along the road to  
          meeting University of California admission requirements."  The  
          report points out that one of the roadblocks is the shortage of  
          A-G college preparatory classes and advanced A-G classes which  
          are more likely to occur in schools where African American and  
          Latino students are the majority.<2>

           A-G and CTE  :  Recent research suggests that the integration of  
          CTE and college prep courses can engage high school students and  
          reduce the likelihood that students will drop out of high  
          school.  UCLA/IDEA and UC/ACCORD recently released a series of  
          research papers that examined the promise of providing high  
          school students "multiple pathways."  Multiple pathway programs  
          combine core academics with technical courses related to a  
          specific field.  The research suggests that the concept of  
          "multiple pathways" would end "the tired debate about whether  
          high school students need more rigorous academics or a more  
          relevant career-focused curriculum. <3>  

          While the goal of this bill is to ensure high school pupils have  
          access to both A-G and CTE courses, staff notes that the bill as  
          currently drafted appears to place more emphasis on the A-G  
          course of study. 

           Course offerings and sufficiency  :  Existing law requires school  
          districts to offer to all otherwise qualified pupils:  (1) A  
          course of study fulfilling the A-G requirements, and a timely  
          opportunity to enroll in and complete those courses prior to  
          graduation from high school. (2) A course of study that provides  
          an opportunity for those pupils to attain entry-level employment  
          skills in business or industry upon graduation from high school.  


          This bill provides specific indications on how districts can  
          fulfill the responsibilities for (1) above but not for (2).   
          ---------------------------
          <2> Oakes, Jeannie, et. al. Removing the Roadblocks: Fair  
          College Opportunities for All California Students. University of  
          California/ All Campus Consortium for Research Diversity  
          (UC/ACCORD) and UCLA Institute for Democracy, and Education and  
          Access (UCLA/IDEA).  2006.
          <3> Oakes, Jeannie, et. al. Multiple Perspectives on Multiple  
          Pathways: Preparing California's Youth for College Career and  
          Civic Responsibility. UCLA/IDEA and UC/ACCORD. 2007.








                                                                  SB 405
                                                                  Page F
          Under the provisions of this bill, a school district is deemed  
          to have fulfilled the responsibilities to offer an A-G course of  
          study, if at each high school in the district, it offers  
          sufficient courses that are A-G eligible and taught by properly  
          credentialed teachers, and instructional support for pupils who  
          are at risk of not completing A-G courses.  On the other hand, a  
          district can fulfill the CTE responsibilities by adopting a  
          required curriculum that meets or exceeds the CTE standards.   
          This bill does not provide the specificity for CTE course  
          offerings and it makes no mention of sufficiency as is provided  
          for A-G courses.

          If the goal is to provide high school students access to both  
          A-G and CTE courses, staff recommends the bill be amended to  
          ensure that there is some specific guidance to districts on how  
          they can fulfill the responsibility of providing access to CTE.   


           Oversight and assistance requirements  :  This bill requires  
          county superintendents to review and assess in deciles 1-3  
          schools, the availability of sufficient A-G courses, A-G course  
          teacher assignments, and other A-G related services and requires  
          county superintendents to assist in developing an improvement  
          plan, when deficiencies are found.  
          
          Staff recommends the author consider amending the bill to  
          include in the duties of the county superintendents assessing  
          the availability of CTE courses/programs, and teacher  
          assignments at those schools and further amending the bill, as  
          appropriate, to incorporate CTE in the provisions related to  
          assistance in developing an improvement plan. 

          In conducting the review, the county superintendent is required  
          to assess whether sufficient A-G courses are offered but the  
          bill does not define "sufficient."  The author may wish to  
          consider, as this bill moves forward, whether a definition  
          should be added to the bill.   

           Why only deciles 1-3 schools  ?  Several of the provisions of this  
          bill are targeted towards schools in deciles 1-3.  According to  
          the author and the sponsors of the bill, the oversight  
          requirements and other provisions of this bill are limited to  
          deciles 1-3 schools to contain costs and to stay consistent with  
          the provisions of the Williams vs. State of California  
          settlement agreement.  









                                                                  SB 405
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           Modifications to the API  :  This bill requires the API be  
          modified to include the rates at which pupils who enroll in an  
          A-G course, complete that course and earn a grade of C or  
          better; and the rates at which pupils who enroll in a course  
          satisfying the CTE standards, complete that course, and earn a  
          grade of C or better.  

          There are two measures currently moving through the process  
          seeking to modify the API to include additional indicators of  
          student achievement.  AB 400 (Nu?ez) and SB 219 (Steinberg) both  
          include provisions to add outcomes related to college and career  
          readiness to the API.  

          This Committee granted careful consideration to the two  
          proposals mentioned above, and passed AB 400 (Nu?ez).  SB 219  
          (Steinberg) is pending in this Committee's suspense file.  To  
          avoid any potential conflicts in the actions of this committee,  
          staff recommends the bill be amended to remove the provisions  
          related to the API.  This would in addition maintain the focus  
          of the bill on the provisions related to A-G and CTE access and  
          oversight. 
           
          Arguments in support  :  The California Chamber of Commerce  
          writes, "SB 405 would offer a stream-lined option for students  
          to take advantage of career technical education courses while  
          still taking their high school courses. This bill creates more  
          opportunities for high school students to gain valuable skills  
          to prepare them for career and postsecondary opportunities."  
           
          Arguments in opposition  :  The California Federation of Teachers  
          writes, "The Federation's main objection is with the provision  
          which expands the duties of the County Superintendent of  
          Schools.  This provision authorizes the county superintendent to  
          monitor schools with regard to whether or nor they provide  
          courses that are requirements for admission to the state  
          university system.  This provision is included under the  
          Williams monitoring. This is an unwarranted expansion of the  
          Williams settlement. Another issue that is of concern is the  
          expansion of the Academic Performance Index which properly  
          belongs in SB 219 (Steinberg)."
           
          Related legislation  :  AB 400 (Nu?ez) requires the SPI to  
          incorporate into the API the rates at which pupils are offered  
          and complete a course of study that fulfills University of  









                                                                  SB 405
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          California and California State University admission  
          requirements and at which pupils are offered and complete a  
          course of study that provides the skills and knowledge necessary  
          to attain entry-level employment upon graduation from high  
          school.

          SB 219 (Steinberg), among other provisions, requires the SPI to  
          establish an advisory committee on issues related to revising  
          the API and requires that such advisory committee make  
          recommendations to the SPI to include in API calculations  
          outcomes related to college and career readiness. 

          AB 178 (Coto) establishes the College Readiness and Equity  
          Program to be administered by the State Department of Education  
          (SDE) over a period of three years.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Civil Liberties Union (Sponsor)
          Applied Research Center
          Asian Pacific American Legal Center
          California Association of Community Organizers for Reform Now
          California Chamber of Commerce 
          California Health Care Institute
          California State PTA
          California State University 
          Coalition for Humane Immigrant Rights of Los Angeles
          Hispanic Association of Colleges and Universities 
          Latino Coalition for a Healthy California
          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Los Angeles Area Chamber of Commerce
          Mexican American Legal Defense and Educational Fund
          Parents for Unity
          The Advancement Project
           
            Opposition 
           
          California Federation of Teachers (Unless amended) 

           Analysis Prepared by  :    Marisol Avi?a / ED. / (916) 319-2087