BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 296
AUTHOR: Solorio
AMENDED: May 26, 2009
FISCAL COMM: Yes HEARING DATE: June 25, 2009
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Title I supplemental educational services.
SUMMARY
This bill requires local educational agencies that are
required to offer supplemental educational services
pursuant to No Child Left Behind to take specific actions
that are currently only suggested to be undertaken.
BACKGROUND
Supplemental educational services, pursuant to Title I of
the No Child Left Behind (NCLB) Act, is academic tutoring
provided by state-approved providers outside of the regular
school day for low-income students enrolled in Title I
schools that are in Year 2 or beyond of Program
Improvement. Under NCLB, Title I schools that are in years
two through five of Program Improvement are required to
offer supplemental educational services and the option to
attend another public school to low income pupils
Supplemental education providers may be public, private
non-profit, or private for-profit entities and are required
to be approved by the State Board of Education. Parents of
eligible pupils select an approved supplemental educational
services provider to deliver the free tutoring services.
Current statutes, regulations and guidance on notice to
parents :
Require local educational agencies (LEAs) that have
been identified for program improvement, corrective
action or restructuring to promptly provide notice to
parents explaining, among other things, the parents'
option to transfer their child to another public
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school, or to obtain supplemental educational services
for the child.
Require LEAs to provide, at a minimum, annual
notice to parents (in an understandable and uniform
format and, to the extent practicable, in a language
the parents can understand) of:
o The availability of supplemental
educational services.
o The identity of approved providers that
are within the local educational agencies (LEAs),
including providers of technology-based or
distance-learning supplemental education
services, and providers whose services are
reasonably available in neighboring LEAs.
o A brief description of the services,
qualifications, and demonstrated effectiveness of
each provider.
Federal regulations require LEAs to provide,
throughout the school improvement process, information
to parents in the following manner: (1) directly,
through such means as regular mail or e-mail and (2)
through broader means of dissemination such as the
Internet, the media, and public agencies serving the
student population and their families.
Current statutes, regulations and guidance on enrollment
window :
CDE recommends that parents be informed of the
availability of supplemental educational services and
given at least three weeks to make a selection. CDE
recommends that the services start within 30 days
after the parent selection has been made.
Neither NCLB nor the supplemental educational
services Non-Regulatory Guidance specifies a start
date for these services; however, CDE recommends that
the services be started by mid-November of each school
year.
Require a LEA, before it uses unspent funds from
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its 20% obligation for other allowable activities, to
provide a minimum of two enrollment windows, at
separate points in the school year, that are of
sufficient length to enable parents of eligible pupils
to make informed decisions about requesting
supplemental educational services and selecting a
provider.
Current statutes, regulations and guidance on use of school
facilities :
Require a LEA, before it uses unspent funds from
its 20% obligation for other allowable activities, to
ensure that supplemental educational services
providers are given access to school facilities on the
same terms as are available to other groups that seek
to use school facilities.
The provisions detailed above apply to local educational
agencies that have not used 100% of their Title I funds
dedicated for school choice or supplemental educational
services. This bill applies those requirements to all
program improvement schools, whether or not they have used
100% of those funds.
ANALYSIS
This bill requires local educational agencies that are
required to offer supplemental educational services
pursuant to No Child Left Behind to take specific actions
that are currently only suggested to be undertaken.
Specifically, this bill:
1) Requires LEAs to provide parents or guardians of
eligible pupils with information about the
availability of supplemental educational services
through at least two channels. This bill authorizes
those channels to include, but are not limited to,
providing the pupil with information, back-to-school
presentations, school fairs, postal mail, and
telephone.
2) Requires local educational agencies (LEAs) to provide
at least two methods by which parents or guardians of
eligible pupils may submit completed enrollment forms.
This bill authorizes those methods to include, but
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are not limited to, a dropoff location, facsimile,
postal mail, and through an Internet website. This
bill prohibits supplemental educational service
providers from preprinting their company name on pupil
enrollment forms.
3) Requires a LEA to permit supplemental educational
services providers the same access to school
facilities as the LEA provides to outside entities.
This bill requires supplemental educational services
providers to comply with the same legal requirements
and fee obligations with which all other outside
entities comply.
4) Authorizes LEA governing boards to limit access to
facilities by supplemental educational services
providers, if allowing equal access is impractical due
to limited space. This bill requires LEA governing
boards that opt to limit access to facilities to
develop fair and transparent policies and procedures
for determining which providers can service pupils at
each schoolsite, and requires governing boards to
ensure that the policies and procedures develop for
supplemental educational service providers are
consistent with the policies and procedures developed
for other groups seeking access to school facilities.
This bill requires governing boards to make these
policies and procedures available for public comment
prior to their adoption.
5) Prohibits supplemental educational service providers
from knowingly enrolling pupils who are not eligible
for supplemental educational services.
STAFF COMMENTS
1) Mandate . While this bill codifies many current
practices, it requires certain actions that are
currently only suggested to be undertaken.
Specifically, the provisions detailed in the
Background currently apply to local educational
agencies that have not used 100% of their Title I
funds dedicated for school choice or supplemental
educational services. This bill applies those
requirements to all program improvement schools,
whether or not they have used 100% of those funds.
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This bill has been flagged as a mandate.
2) Reasonable ? Concern has been raised about the
provisions of this bill related to access to school
facilities at schoolsites with limited facilities and
where parents select numerous providers of
supplemental educational services. This bill
authorizes a school district to limit provider access
to school facilities if allowing equal access is
impractical due to limited availability of space.
3) Proposed state regulations . The State Board of
Education is currently considering changes to
regulations relative to Title I supplemental
educational services, but none of those proposed
changes address issues relative to parental
notification or access to school facilities.
4) Fiscal impact . According to the Assembly
Appropriations Committee analysis, this bill would
impose minor, absorbable General Fund (Prop 98) costs
to local educational agencies.
SUPPORT
National Farm Workers Service Center
Rocket Learning
An individual
OPPOSITION
Association of California School Administrators
California School Boards Association
Los Angeles Unified School District